Regulation (EU) No 37/2014 of the European Parliament and of the CouncilShow full title

20. Regulation (EC) No 625/2009

As regards Regulation (EC) No 625/2009, its implementation requires uniform conditions for adopting provisional and definitive safeguard measures, and for the imposition of prior surveillance measures. Those measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011.

The advisory procedure should be used for the adoption of surveillance and provisional measures given the effects of such measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair, it is necessary to allow the Commission to adopt immediately applicable provisional measures.

Accordingly, Regulation (EC) No 625/2009 is amended as follows:

(1)

Article 3 is deleted.

(2)

Article 4 is replaced by the following:

"Article 4

1. The Commission shall be assisted by the Committee on Safeguards established by Council Regulation (EC) No 260/2009(1). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(2).

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

(3)

Article 5 is amended as follows:

(a)

in paragraph 1, the introductory wording is replaced by the following:

"1. Where it is apparent to the Commission that there is sufficient evidence to justify an investigation, the Commission shall initiate an investigation within one month of the date of receipt of information from a Member State and publish a notice in the Official Journal of the European Union. That notice shall:";

(b)

at the end of paragraph 1, the following subparagraph is added:

"The Commission shall provide information to the Member States concerning its analysis of the information normally within 21 days of the date on which the information is provided to the Commission.";

(c)

in paragraph 2, the first subparagraph is replaced by the following:

"2. The Commission shall seek all information it deems necessary and, where it considers it appropriate, endeavour to check that information with importers, traders, agents, producers, trade associations and organisations.";

(d)

paragraph 6 is replaced by the following:

"6. Where it appears to the Commission that there is insufficient evidence to justify an investigation, it shall inform the Member States of its decision within one month of the date of receipt of the information from the Member States.".

(4)

In Article 6(2), the first sentence is replaced by the following:

"2. Where the Commission considers, within nine months of the initiation of the investigation, that no Union surveillance or safeguard measures are necessary, the investigation shall be terminated within a month. The Commission shall terminate the investigation in accordance with the advisory procedure referred to in Article 4(2).".

(5)

Article 7(2) is replaced by the following:

"2. The Commission and the Member States, including the officials of either, shall not reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis, without specific permission from the supplier of such information.".

(6)

In Article 9, the following paragraph is inserted:

"1a. Decisions adopted pursuant to paragraph 1 shall be taken by the Commission in accordance with the advisory procedure referred to in Article 4(2).".

(7)

In Article 11, the second indent is replaced by the following:

• make issue of that document subject to certain conditions and, as an exceptional measure, subject to insertion of a revocation clause.".

(8)

Article 12 is replaced by the following:

"Article 12

Where the import of a product has not been made subject to prior Union surveillance, the Commission may introduce, by means of implementing acts in accordance with the advisory procedure referred to in Article 4(2) and in accordance with Article 17, surveillance confined to imports into one or more regions of the Union.".

(9)

Article 15 is amended as follows:

(a)

paragraph 2 is replaced by the following:

"2. The measures adopted shall be communicated forthwith to the Member States and shall take effect immediately.";

(b)

paragraphs 4, 5 and 6 are replaced by the following:

"4. Where intervention by the Commission has been requested by a Member State, the Commission, acting in accordance with the examination procedure referred to in Article 4(3), or, in cases of urgency, in accordance with Article 4(4), shall take a decision within a maximum of five working days of the date of receipt of such a request.".

(10)

Article 16(1) is replaced by the following:

"1. The Commission may, in particular in the situation referred to in Article 15(1), adopt appropriate safeguard measures acting in accordance with the examination procedure referred to in Article 4(3).".

(11)

Article 18 is replaced by the following:

"Article 18

1. While any surveillance or safeguard measure applied in accordance with Chapters IV and V is in operation, the Commission may, either at the request of a Member State or on its own initiative:

(a) examine the effects of the measure;

(b) ascertain whether the application of the measure is still necessary.

Where the Commission considers that the application of the measure is still necessary, it shall inform the Member States accordingly.

2. Where the Commission considers that any surveillance or safeguard measure referred to in Chapters IV and V should be revoked or amended, it shall, acting in accordance with the examination procedure referred to in Article 4(3), revoke or amend the measure.".

(12)

The following article is inserted:

"Article 19a

The Commission shall include information on the implementation of this Regulation in its annual report on the application and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC) No 1225/2009(3).

(1)

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

(2)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).".

(3)

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).".