Reform history
Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures
7 versions
· 2014-01-15
2019-02-20
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
2016-07-28
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
2015-11-05
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
2015-08-06
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
2015-07-15
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
2015-06-08
Regulation (EU) No 37/2014 of the European Parliament and of the Counci
Changes on 2015-06-08
@@ -340,83 +340,6 @@
4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
### 9. Regulation (EC) No 427/2003
As regards Regulation (EC) No 427/2003, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) for the purpose of amending the Annex I to that Regulation.
In order to adopt the provisions necessary for the implementation of Regulation (EC) No 427/2003, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex I to Regulation (EC) No 625/2009, in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation 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 427/2003 is amended as follows:
(1)Article 5(4) is replaced by the following:
"4. Where it is apparent that there is sufficient evidence to justify initiating a proceeding and any consultations under paragraph 3 have not led to a mutually satisfactory solution, the Commission shall publish a notice in the *Official Journal of the European Union*. The Commission shall provide information to the Member States once it has determined the need to initiate such a proceeding.".
(2)Article 7 is amended as follows:
(a)paragraph 1 is replaced by the following:
"1. Provisional safeguard measures shall be applied in critical circumstances where delay would cause damage which would be difficult to repair, after a preliminary determination that imports have caused or threatened to cause market disruption to the Union industry and if the Union interest calls for intervention. The Commission shall take such provisional measures in accordance with the advisory procedure referred to in Article 15(2). In cases of urgency, Article 15(4) shall apply.";
(b)paragraph 3 is deleted.
(3)Article 8 is replaced by the following:
"Article 8
Termination without measures
Where bilateral safeguard measures are deemed unnecessary the investigation or proceeding shall be terminated in accordance with the examination procedure referred to in Article 15(3).".
(4)Article 9 is amended as follows:
(a)paragraphs 1 and 2 are replaced by the following:
"1. Where the facts as finally established show that the conditions laid down in Articles 1, 2 and 3, as appropriate, are met, and the Union interest calls for intervention in accordance with Article 19, the Commission shall request consultations with the Government of China with a view to seeking a mutually satisfactory solution.;
2. If the consultations referred to in paragraph 1 of this Article do not lead to a mutually satisfactory solution within 60 days of the date of receipt of a request for consultations, a definitive safeguard or trade diversion measure shall be imposed in accordance with the examination procedure referred to in Article 15(3). In cases of urgency, Article 15(5) shall apply.";
(b)paragraphs 3 to 6 are deleted.
(5)In Article 12, paragraphs 3 and 4 are replaced by the following:
"3. While any safeguard measure is in operation the Commission may either at the request of a Member State or on its own initiative examine the effects of the measure and ascertain whether its application is still necessary.
Where the Commission considers that the application of the measure is still necessary it shall inform the Member States accordingly.
4. Where the Commission considers that any safeguard measure should be revoked or amended, it shall revoke or amend the safeguard measures in accordance with the examination procedure referred to in Article 15(3).".
(6)Article 14(4) is replaced by the following:
"4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission in accordance with the advisory procedure referred to in Article 15(2) for a period of nine months. The suspension may be extended for a further period, not exceeding one year, by the Commission acting in accordance with the advisory procedure referred to in Article 15(2).".
(7)The following articles are inserted:
"Article 14a
Conferral of powers
The Commission shall be empowered to adopt delegated acts in accordance with Article 14b of this Regulation concerning amendments of Annex I to Council Regulation (EC) No 625/2009 (<sup>42</sup>), in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO.
Article 14b
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 22(3) shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 22(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the *Official Journal of the European Union* or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 22(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
(8)Article 15 is replaced by the following:
"Article 15
Committee procedure
1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>43</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>44</sup>).
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 4 thereof, shall apply.
5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
(9)Article 17(5) is replaced by the following:
"5. The Commission and the Member States, including the officials of either, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from that supplier. Exchanges of information between the Commission and the Member States, or any information relating to consultations made pursuant to Article 12, or consultations described in Article 5(3) and Article 9(1), or any internal documents prepared by the authorities of the Union or the Member States, shall not be divulged to the public or any party to the proceeding except as specifically provided for in this Regulation.".
(10)In Article 18(4), the last sentence is replaced by the following:
"Disclosure shall not prejudice any subsequent decision which may be taken by the Commission, but where such a decision is based on any different facts and considerations, they shall be disclosed as soon as possible.".
(11)In Article 19, paragraphs 5 and 6 are replaced by the following:
"5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Committee as part of the draft measure submitted pursuant to Article 9 of this Regulation. The views expressed in the Committee should be taken into account by the Commission under the conditions provided for in Regulation (EU) No 182/2011.
6. The parties which have acted in conformity with paragraph 2 may request that the facts and considerations on which final decisions are likely to be taken are made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission.".
(12)The following article is inserted:
"Article 19a
Report
1. 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 (<sup>45</sup>).
(13)In Article 22, paragraph 3 is deleted.
### 11. Regulation (EC) No 673/2005
As regards Regulation (EC) No 673/2005, the power to repeal that Regulation is given to the Council. That power should be removed, and Article 207 of the Treaty on the Functioning of the European Union should apply to the repeal of Regulation (EC) No 673/2005.
@@ -485,8 +408,8 @@
(7)The following article is inserted:
"Article 8a
Committee procedure
1. For the purpose of Articles 2, 4 and 11, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EEC) No 450/2008 of the European Parliament and of the Council (<sup>46</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>47</sup>).
2. For the purpose of Articles 5, 6, 7 and 8, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 260/2009 (<sup>48</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. For the purpose of Articles 2, 4 and 11, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EEC) No 450/2008 of the European Parliament and of the Council (<sup>42</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>43</sup>).
2. For the purpose of Articles 5, 6, 7 and 8, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 260/2009 (<sup>44</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
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.
@@ -550,9 +473,9 @@
(11)Article 21 is replaced by the following:
"Article 21
Committee procedure
1. For the purpose of Articles 16, 17, 18 and 20 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>49</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>50</sup>).
2. For the purpose of Articles 4 and 5, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council (<sup>51</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. For the purpose of Articles 6, 7 and 9, the Commission shall be assisted by the Committee established by Council Regulation (EC) No. 1234/2007 (<sup>52</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. For the purpose of Articles 16, 17, 18 and 20 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>45</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>46</sup>).
2. For the purpose of Articles 4 and 5, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council (<sup>47</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. For the purpose of Articles 6, 7 and 9, the Commission shall be assisted by the Committee established by Council Regulation (EC) No. 1234/2007 (<sup>48</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.
@@ -562,50 +485,7 @@
(13)The following article is inserted:
"Article 24b
Report
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 (<sup>53</sup>).
### 15. Regulation (EC) No 140/2008
As regards Regulation (EC) No 140/2008, the implementation of the bilateral safeguard clauses of the Interim Agreement and of the Stabilisation and Association Agreement requires uniform conditions for the adoption of safeguard and other measures. Those measures should be adopted in accordance with Regulation (EU) No 182/2011.
The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 26(5)b and Article 27(4) of the Interim Agreement, and thereafter Article 41(5)b and Article 42(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require.
Accordingly, Regulation (EC) No 140/2008 is amended as follows:
(1)Article 2 is replaced by the following:
"Article 2
Concessions for fish and fishery products
Detailed rules on the implementation of Article 14 of the Interim Agreement, and thereafter Article 29 of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 8a(3) of this Regulation.".
(2)Articles 4, 5 and 6 are replaced by the following:
"Article 4
Technical adaptations
Amendments and technical adaptations to the provisions adopted pursuant to this Regulation which are necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions, or arising from the conclusion of new or modified agreements, protocols, exchanges of letters or other acts between the Union and the Republic of Montenegro, shall be adopted in accordance with the examination procedure referred to in Article 8a(3) of this Regulation.
Article 5
General safeguard clause
Where the Union needs to take a measure as provided for in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(3) of this Regulation, unless otherwise specified in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA.
Article 6
Shortage clause
Where the Union needs to take a measure as provided for in Article 27 of the Interim Agreement, and thereafter Article 42 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(3) of this Regulation.".
(3)In Article 7, the third, fourth and fifth paragraphs are replaced by the following:
"The Commission shall take such measures in accordance with the examination procedure referred to in Article 8a(3). In cases of urgency, Article 8a(4) shall apply.".
(4)Article 8(2) is replaced by the following:
"2. The Commission shall take such measures in accordance with the examination procedure referred to in Article 8a(3). In cases of urgency, Article 8a(4) shall apply."
(5)The following article is inserted:
"Article 8a
Committee procedure
1. For the purpose of Article 4 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council (<sup>54</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>55</sup>).
2. For the purpose of Articles 5, 6, 7 and 8 of this Regulation, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 260/2009 (<sup>56</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
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.
(6)In Article 11, the third paragraph is replaced by the following:
"The Commission may decide, in accordance with the examination procedure set out in Article 8a(3) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 31(4) of the Interim Agreement, and thereafter Article 46(4) of the SAA.".
(7)Article 12 is deleted.
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 (<sup>49</sup>).
### 16. Regulation (EC) No 55/2008
@@ -643,9 +523,9 @@
(6)The following article is inserted:
"Article 11a
Committee procedure
1. For the purpose of Article 3(3) and Articles 11 and 12 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>57</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>58</sup>).
2. For the purpose of Article 4 of this Regulation, the Commission shall be assisted by the committee established by Article 195 of Council Regulation (EC) No 1234/2007 (<sup>59</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. For the purpose of Article 10 of this Regulation, the Commission shall be assisted by the committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council (<sup>60</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. For the purpose of Article 3(3) and Articles 11 and 12 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>50</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>51</sup>).
2. For the purpose of Article 4 of this Regulation, the Commission shall be assisted by the committee established by Article 195 of Council Regulation (EC) No 1234/2007 (<sup>52</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. For the purpose of Article 10 of this Regulation, the Commission shall be assisted by the committee established by Article 184 of Regulation (EC) No 450/2008 of the European Parliament and of the Council (<sup>53</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.
@@ -686,8 +566,8 @@
(5)The following article is inserted:
"Article 8a
Committee procedure
1. For the purpose of Articles 2, 4 and 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EEC) No 450/2008 of the European Parliament and of the Council (<sup>61</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011of the European Parliament and of the Council (<sup>62</sup>).
2. For the purpose of Articles 5, 6, 7 and 8 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>63</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1. For the purpose of Articles 2, 4 and 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EEC) No 450/2008 of the European Parliament and of the Council (<sup>54</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011of the European Parliament and of the Council (<sup>55</sup>).
2. For the purpose of Articles 5, 6, 7 and 8 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 (<sup>56</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
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.
@@ -772,7 +652,7 @@
(13)Article 25 is replaced by the following:
"Article 25
Committee procedure
1. The Commission shall be assisted by the Committee established by Council Regulation (EC) No 1225/2009 (<sup>64</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>65</sup>).
1. The Commission shall be assisted by the Committee established by Council Regulation (EC) No 1225/2009 (<sup>57</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>58</sup>).
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 4 thereof, shall apply.
@@ -798,70 +678,6 @@
"Article 33a
Report
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 Regulation (EC) No 1225/2009.".
### 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 (<sup>66</sup>). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>67</sup>).
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 (<sup>68</sup>).
### 22. Regulation (EC) No 1225/2009
@@ -940,7 +756,7 @@
(11)Article 15 is replaced by the following:
"Article 15
Committee procedure
1. The Commission shall be assisted by a Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>69</sup>).
1. The Commission shall be assisted by a Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (<sup>59</sup>).
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 4 thereof, shall apply.
@@ -1084,29 +900,29 @@
(<sup>41</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).".
(<sup>42</sup>) Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (OJ L 185, 17.7.2009, p. 1).".
(<sup>43</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>44</sup>) 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).".
(<sup>45</sup>) 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)".
(<sup>46</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
(<sup>47</sup>) 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).
(<sup>48</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1)."
(<sup>49</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>50</sup>) 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).
(<sup>51</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
(<sup>52</sup>) Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).".
(<sup>53</sup>) 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).".
(<sup>42</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
(<sup>43</sup>) 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).
(<sup>44</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1)."
(<sup>45</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>46</sup>) 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).
(<sup>47</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
(<sup>48</sup>) Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).".
(<sup>49</sup>) 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).".
(<sup>50</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>51</sup>) 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).
(<sup>52</sup>) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
(<sup>53</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).".
(<sup>54</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
@@ -1114,28 +930,8 @@
(<sup>56</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).".
(<sup>57</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>58</sup>) 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).
(<sup>59</sup>) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).
(<sup>60</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).".
(<sup>61</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
(<sup>62</sup>) 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).
(<sup>63</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).".
(<sup>64</sup>) 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).
(<sup>65</sup>) 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).".
(<sup>66</sup>) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).
(<sup>67</sup>) 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).".
(<sup>68</sup>) 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).".
(<sup>69</sup>) 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).".
(<sup>57</sup>) 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).
(<sup>58</sup>) 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).".
(<sup>59</sup>) 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).".
2015-04-16
Regulation (EU) No 37/2014 of the European Parliament and of the Cou
original version
Text at this date