-1.

" Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (3);

[AM 5]

-1a.

" Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those 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; "

[AM 6]

1.

Article 1 is replaced by the following:

"Article 1

The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 22, 24, 24a and 26 of the Agreement. Where necessary, the Commission shall adopt those measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2.

In Article 2(1), the second sentence is replaced by the following:

"Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)".

3.

Article 4 is replaced by the following:

"Article 4

1.   Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 7]

2.   Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a.

4.

The following article is added:

"Article 7

1.   The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (4). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 9]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 10]

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 11]

4a.

"Article 7a

1.     The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.

2.     The report shall also present a summary of the statistics and the evolution of trade with the Swiss Confederation.

3.     The report shall include information on the implementation of this Regulation.

4.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

5.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 12]

-1.

" Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (6);

[AM 13]

-1a.

" Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those 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; "

[AM 14]

1.

Article 1 is replaced by the following:

"Article 1

The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 23, 25, 25a and 27 of the Agreement. Where necessary, the Commission shall adopt those measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2.

In Article 2(1), the second sentence is replaced by the following:

"Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)."

3.

Article 4 is replaced by the following:

"Article 4

1.   Where exceptional circumstances require immediate action in the situations referred to in Articles 25, 25a and 27 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 28(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 15]

2.   Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a.

4.

The following article is added:

"Article 7

1.   The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (7). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 17]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 18]

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 19]

4a.

"Article 7a

1.     The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.

2.     The report shall also present a summary of the statistics and the evolution of trade with Republic of Iceland.

3.     The report shall include information on the implementation of this Regulation.

4.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

5.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 20]

-1.

" Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (9);

[AM 21]

-1a.

" Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those 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; "

[AM 22]

1.

Article 1 is replaced by the following:

"Article 1

The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 22, 24, 24a and 26 of the Agreement. Where necessary, the Commission shall adopt these measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2.

In Article 2(1), the second sentence is replaced by the following:

"Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)."

3.

Article 4 is replaced by the following:

"Article 4

1.   Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a ) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 23]

2.   Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a.

4.

The following article is added:

"Article 7

1.   The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (10). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 25]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 26]

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 27]

4a.

"Article 7a

1.     The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.

2.     The report shall also present a summary of the statistics and the evolution of trade with the Kingdom of Norway.

3.     The report shall include information on the implementation of this Regulation.

4.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

5.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 28]

1.

" Whereas, in order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adopting detailed rules for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), detailed rules for determining and managing reduced agricultural components pursuant to Article 7(2), and amending Table 2 of Annex B. 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 Council; "

[AM 31]

2.

" Whereas, in order to ensure uniform conditions for the adoption of various measures and adopting detailed rules for communication between the Commission and Member States, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (12);

[AM 32]

3.

" 4.     The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for application of this Regulation. "

[AM 33]

4.

" 4.     The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for applying this Article. "

[AM 34]

5.

" 2.     Where a preferential agreement provides for a reduction in the agricultural component, whether or not within the limits of a tariff quota, the Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for determining and managing such reduced agricultural components, provided that the agreement specifies: "

[AM 35]

6.

" 3.     The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules necessary for initiating and managing reductions in the non-agricultural components of the charge. "

[AM 36]

7.

8.

"Article 9

Where, pursuant to a regulation on the common organisation of a particular market, levies, charges or other measures are applied to exports of an agricultural product listed in Annex A, appropriate measures with regard to certain goods the export of which is likely to hinder achievement of the objective in the agricultural sector in question, because of the high content of the agricultural product concerned and the uses to which they may be put, may be decided, in accordance with the examination procedure referred to in Article 16(2), taking due account of the specific interest of the processing industry. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). "

[AM 38]

9.

" 4.     The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed implementing rules. "

[AM 39]

10.

" The detailed rules for the application of the second subparagraph, making it possible to determine the basic products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall guarantee greater clarity for operators through prior publication of indicative import quantities for each individual COM. These shall be published on a regular basis, depending on the use of such quantities. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed application rules. "

[AM 40]

11.

" 2.     The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend Table 2 of Annex B in order to adapt it to the agreements concluded by the Union. "

[AM 41]

12.

" The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend this Regulation. "

[AM 42]

13.

"Article 14

1.     The threshold or thresholds below which the amounts established in accordance with Articles 6 and 7 shall be fixed at zero may be laid down in accordance with the examination procedure referred to in Article 16(2). In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). The non-application of these agricultural components may be made subject to special conditions, in accordance with the same procedure, in order to avoid creating artificial trade flows.

2.     A threshold below which Member States may refrain from applying amounts to be granted or levied pursuant to this Regulation, in connection with a given economic transaction, may be established in accordance with the examination procedure referred to in Article 16(2) if the balance of these amounts is lower than the threshold. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). "

[AM 43]

14.

"Article 14a

The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning detailed rules for applying Article 4(1) and (2), for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), for determining and managing reduced agricultural components pursuant to Article 7(2), and to amend Table 2 of Annex B. "

[AM 44]

15.

"Article 14b

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 7 shall be conferred on the Commission for a period of five years from …  (13). 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 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 7 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 four months at the initiative of the European Parliament or the Council.

[AM 319]

16.

"Article 16

1.     The Commission shall be assisted by a committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I (hereinafter referred to as 'the Committee').

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

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

4.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 320]

17.

18.

"Article 18

The measures necessary to adapt this Regulation to amendments made to the Regulations on the common organisation of the market in agricultural products in order to maintain the existing arrangements shall be adopted in accordance with the examination procedure referred to in Article 16(2). "

[AM 47]

19.

"Article 20

The Member States shall communicate to the Commission the information necessary for implementing this Regulation, on the one hand, on imports, exports and, even where appropriate, production of the goods and, on the other, on the administrative implementing measures adopted. The detailed rules for communication of this information shall be laid down in accordance with the examination procedure referred to in Article 16(2). "

[AM 48]

-1.

" Whereas, in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (15);

[AM 49]

-1a.

" Whereas the advisory procedure should be used for the suspension of ongoing examinations given the effects of those measures and their sequential logic in relation to the adoption of definitive 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; "

[AM 50]

-1b.

" Whereas regard should be paid to the institutional and procedural provisions of Article 207 of the Treaty; whereas, therefore, the European Parliament and the committee established pursuant to that Article should be kept informed of the development of individual cases, in order to enable them to consider their broader policy implications; "

[AM 51]

-1c.

" Whereas, moreover, to the extent that an agreement with a third country appears to be the most appropriate means to resolve a dispute arising from an obstacle to trade, negotiations to this end should be conducted in accordance with the procedures established in Article 207 of the Treaty, in particular in consultation with the committee established thereby and with the European Parliament; "

[AM 52]

1.

In Article 5, paragraph 3 is replaced by the following:

"3.   Where it becomes apparent that the complaint does not provide sufficient evidence to justify initiating an investigation, then the complainant shall be so informed."

2.

In Article 6, paragraph 4 is replaced by the following:

"4.   Where it becomes apparent that the request does not provide sufficient evidence to justify initiating an investigation, then the Member State shall be so informed."

3.

Article 7 is amended as follows:

4.

In Article 8(1), the introductory wording is replaced by the following:

"1.   Where it is apparent to the Commission that there is sufficient evidence to justify initiating an examination procedure and that it is necessary in the interest of the Union, the Commission shall act as follows:".

5.

In Article 9(2), point (a) is replaced by the following:

6.

Article 11 is amended as follows:

7.

Article 13 is replaced by the following:

"Article 13

Decision-making procedures

1.   Where the Union, as a result of a complaint pursuant to Articles 3 or 4, or of a referral pursuant to Article 6, follows formal international consultation or dispute settlement procedures, decisions relating to the initiation, conduct or termination of such procedures shall be taken by the Commission.

2.   Where the Union, having acted in accordance with Article 12(2), has to take a decision on the measures of commercial policy to be adopted pursuant to Article 11(2)(c) or pursuant to Article 12, it shall act, without delay, in accordance with Article 207 of the Treaty and, as appropriate, any applicable procedures."

7a.

"Article 13a

Report

The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Trade Barriers Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 58]

8.

Article 14 is deleted.

-1.

[AM 59]

1.

In Article 5, paragraph 11 is replaced by the following:

"11.   Without prejudice to Article 15(2), where it is apparent that there is sufficient evidence to justify initiating a proceeding the Commission shall do so within 45 days of the lodging of the complaint, or, in case of initiation pursuant to paragraph 8, no later than six months from the time the sale of the vessel was known or should have been known, and shall publish a notice in the Official Journal of the European Union. Where insufficient evidence has been presented, the complainant shall be so informed within 45 days of the date on which the complaint is lodged with the Commission."

2.

Article 7 is amended as follows:

3.

In Article 8, the first paragraph is replaced by the following:

"The investigation may be terminated without the imposition of an injurious pricing charge if the shipbuilder definitively and unconditionally voids the sale of the injuriously priced vessel or complies with an alternative equivalent remedy accepted by the Commission."

4.

In Article 9, paragraph 1 is replaced by the following:

"1.   If the shipbuilder concerned does not pay the injurious pricing charge imposed under Article 7, countermeasures under the form of denial of loading and unloading rights shall be imposed by the Commission on the vessels built by the shipbuilder in question."

5.

Article 10 is replaced by the following:

"Article 10

Committee procedure

1.   The Commission shall be assisted by the Injurious Pricing of Vessels Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

2a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 61]

6.

In Article 13, paragraph 5 is replaced by the following:

“5.   The Commission and Member States, or the officials of any of these, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from the supplier. Exchanges of information between the Commission and Member States, or any internal documents prepared by the authorities of the Union or its Member States, shall not be divulged except as specifically provided for in this Regulation.”

7.

In Article 14, paragraph 3 is replaced by the following:

“3.   Disclosure shall be effected in writing. It shall be effected, due regard being had to the need to protect confidential information, as soon as possible and, normally, not less than one month before a definitive decision. Where the Commission is not in a position to disclose certain facts or considerations at that time, these shall be disclosed as soon as possible thereafter. 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, these shall be disclosed as soon as possible.”

7a.

"Article 14a

Report

The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Injurious Pricing of Vessels Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 62]

-1.

[AM 63]

-1a.

[AM 64]

1.

In Article 1, the second paragraph is replaced by the following:

"Acting in accordance with the relevant provisions of the Treaty and notwithstanding the provisions of Article 7(c), the Commission may adopt delegated acts in accordance with Articles 11a, 11b and 11c to add or delete laws to or from the Annex to this Regulation."

2.

Article 8 is replaced by the following:

"Article 8

1.   For the purposes of implementating Article 7(b) and (c), the Commission shall be assisted by the Committee on Extra-territorial Legislation. That Those implementing acts shall be adopted in accordance with the examination procedure referred to in paragraph 2 of this Article. The committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 65]

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

2a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 66]

3.

The following articles are inserted:

"Article 11a

1.   The powers The Commission shall be empowered to adopt the delegated acts in accordance with referred to in Article 1 shall be conferred on the Commission for an indeterminate period of time concerning the addition or deletion of laws to or from the Annex to this Regulation .

2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.   The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 11b and 11c. [AM 67]

Article 11b

1.     The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. [AM 68]

2.   The institution which has commenced an internal procedure for deciding whether to revoke the power to adopt delegated acts shall endeavour referred to inform in Article 1 shall be conferred on the other institution and the Commission within for a reasonable time period of five years from …  (20) . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the final decision is taken, indicating end of the delegated powers which could five-year period. The delegation of power shall be subject to revocation and possible reasons tacitly extended for a revocation 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 . [AM 321]

3.   The decision of revocation shall put an end to the delegation of the powers The delegation of power referred to in Article 1 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 the power specified in that decision. It shall take effect immediately the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the any delegated acts already in force. It shall be published in the Official Journal of the European Union.

3a.     As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. [AM 68]

3b.     A delegated act adopted pursuant to Article 1 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 four months at the initiative of the European Parliament or of the Council.

[AM 322]

Article 11c

1.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act." [AM 69]

-1.

[AM 70]

-1a.

[AM 71]

1.

Article 1 is amended as follows:

2.

Article 2 is amended as follows:

3.

The following article is inserted:

"Article 3a

1.   The Commission shall be assisted by the Anti-Dumping Committee established by Article 15(1) of Regulation (EC) No 1225/2009 or by the Anti-subsidy Committee established by Article 25(1) of Regulation (EC) No 597/2009 as the case may be. These committees shall be committees within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 75]

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

2a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 76]

3a.

"Article 3b

The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities, proceedings, and decisions of the Commission, of the Anti-Dumping Committee, and of the Anti-Subsidy Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 77]

-1.

[AM 78]

-1a.

[AM 79]

-1b.

[AM 80]

-1c.

[AM 81]

-1d.

"Article 2

Concessions on baby-beef

Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. "

[AM 82]

-1e.

-1f.

"Article 4

Concessions on fishery products

Detailed rules for the implementation of Article 15(1) of the Interim Agreement, and thereafter Article 28(1) of the Stabilisation and Association Agreement, concerning the tariff quotas for fish and fishery products listed in Annex Va of both Agreements, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. "

[AM 84]

-1g.

-1h.

"Article 7

Technical adaptations

Amendments and technical adaptations to the detailed rules on implementation 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 agreements, protocols, exchanges of letters or other acts between the Union and Croatia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 7fa(5). "

[AM 86]

1.

Article 7a is amended as follows:

2.

Article 7b is replaced by the following:

"Article 7b

Exceptional and critical circumstances

Where exceptional and critical circumstances arise within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7a(3a) Article 7fa(4) of this Regulation. In cases of urgency, Article 7a(3b) Article 7fa(6) shall apply. [AM 89]

If the Commission receives a request from a Member State, it shall take a decision thereon within five working days of receipt of the request."

3.

In Article 7e, the second sentence of paragraph 1 is replaced by the following:

"Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) , except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (27) applies, where measures shall be taken in accordance with the procedures laid down in that Regulation. [AM 90]

3a.

3b.

"Article 7fa

Committee procedure

1.     For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.     For the purpose of Article 4 the Commission shall be assisted by the Customs Code Committee established by Article 248a of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

3.     For the purpose of Articles 7a, 7b, 7e and 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports (28). 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 shall apply in conjunction with Article 4 thereof.

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

8.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 92]

-1.

[AM 93]

-1a.

[AM 94]

-1b.

[AM 95]

-1c.

[AM 96]

-1d.

"Article 2

Concessions on baby-beef

Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. "

[AM 97]

-1e.

-1f.

"Article 4

Further concessions

If additional concessions for fishery products are granted within tariff quotas, pursuant to Article 29 of the Stabilisation and Association Agreement and to Article 16 of the Interim Agreement, detailed rules for the implementation of these tariff quotas shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. "

[AM 99]

-1g.

-1h.

"Article 7

Technical adaptations

Amendments and technical adaptations to the detailed rules on implementation 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 agreements, protocols, exchanges of letters or other acts between the Union and the Former Yugoslav Republic of Macedonia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. "

[AM 101]

1.

Article 7a is amended as follows:

2.

Article 7b is replaced by the following:

"Article 7b

Exceptional and critical circumstances

Where exceptional and critical circumstances arise within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7a(3a) Article 7fa(4) of this Regulation. In cases of urgency, Article 7a(3b) Article 7fa(6) shall apply. [AM 104]

If the Commission receives a request from a Member State, it shall take a decision thereon within five working days of receipt of the request."

3.

In Article 7e, the second sentence of paragraph 1 is replaced by the following:

"Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) , except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (31) applies, where measures shall be taken in accordance with the procedures laid down in that Regulation. [AM 105]

3a.

3b.

"Article 7fa

Committee procedure

1.     For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.     For the purpose of Article 4 the Commission shall be assisted by the Customs Code Committee established by Article 248a of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

3.     For the purpose of Articles 7a, 7b, 7e and 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports (32). 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 shall apply in conjunction with Article 4 thereof.

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

8.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 107]

-1.

[AM 109]

-1a.

[AM 110]

-1b.

[AM 111]

-1c.

" 1.     An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission's own initiative if it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation. "

[AM 112]

-1d.

" 2a.     The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 1(1) are met. The request shall generally contain the following information: the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment.

An investigation may also be initiated in the event that there is a surge of imports concentrated in one or several Member States, provided that there is sufficient evidence that the conditions for initiation are met, as determined on the basis of factors referred to in Article 2(2) and Article 3. "

[AM 113]

1.

In Article 5, paragraph 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."

1a.

"Article 6a

Prior surveillance measures

1.     Where the trend in imports of a product originating in the People's Republic of China is such that it could lead to one of the situations referred to in Articles 2 and 3, imports of that product may be subject to prior surveillance measures.

2.     In the event that there is a surge of imports of products falling into sensitive sectors concentrated in one or several Member States, the Commission may introduce prior surveillance measures.

3.     Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 15(1a).

4.     Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second 6-month period following the first 6 months after the measures were introduced. "

[AM 114]

2.

Article 7 is amended as follows:

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(2)."

4.

Article 9 is amended as follows:

4a.

" 3.     While any safeguard measure is in operation, consultations shall be held within the Committee, either at the request of a Member State or on the initiative of the Commission, in order to examine the effects of the measure and to ascertain whether its application is still necessary. "

[AM 117]

5.

In Article 12, paragraph 4 is replaced by the following:

"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(2) ."

[AM 118]

6.

In Article 14, paragraph 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 for a period of nine months. The suspension may be extended for a further period, not exceeding one year, in accordance with the advisory procedure referred to in Article 15(2) Article 15(1a) . Measures may only be suspended where market conditions have temporarily changed to an extent that market disruption would be unlikely to resume as a result of the suspension. Measures may, at any time and after consultation, be reinstated if the reason for suspension is no longer applicable."

[AM 119]

6a.

"Article 14a

Conferral of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning amendments of 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. "

[AM 120]

6b.

"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 …  (36). 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 of revocation 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 four months at the initiative of the European Parliament or the Council.

[AM 323]

7.

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 of 26 February 2009 on the common rules for imports (37). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 122]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 123]

4.   Pursuant to Article 3(5) of Regulation (EU) No 182/2011 where recourse is made to written procedure, such procedure shall be terminated without result where, within the time limit set down by the chair, the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No 182/2011 so request.

8.

In Article 17, paragraph 5 is replaced by the following:

"5.   The Commission and the Member States, or the officials of any of these, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from the supplier. Exchanges of information between the Commission and 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 its Member States, shall not be divulged to the public or any party to the proceeding except as specifically provided for in this Regulation."

9.

In Article 18(4), the fourth 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, these shall be disclosed as soon as possible."

10.

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.

6.   The parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be 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."

10a.

"Article 19a

Report

1.     The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission, the Committee, and all other bodies responsible for implementing this Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.

2.     The report shall also present a summary of the statistics and the evolution of trade with China.

3.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the application of this Regulation.

4.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 124]

10b.

-1.

[AM 126]

1.

In Article 1(1), the introductory wording is replaced by the following:

"Where the Commission considers that a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on the same imports could lead to effects greater than is desirable in terms of the Union's trade defence policy, it may adopt such of the following measures implementing a legislative act as it deems appropriate in accordance with the examination procedure referred to in Article 2a(2):"

[AM 127]

2.

The following article is inserted:

"Article 2a

1.   The Commission shall be assisted by the Anti-Dumping Committee established by Article 15(1) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (40). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

2a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 128]

1.

[AM 131]

2.

" 2.     The Commission shall be empowered to adopt delegated acts in accordance with Article 15a to amend Annexes II, III, IV and V. "

[AM 132]

3.

4.

"Article 15a

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 15 shall be conferred on the Commission for a period of five years from …  (43). 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 15 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 15 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 four months at the initiative of the European Parliament or the Council.

[AM 324]

5.

-1.

-1a.

[AM 137]

-1b.

[AM 138]

-1c.

[AM 139]

-1d.

"Article 2

Concessions for fish and fishery products

Detailed rules for the implementation of Article 15(1) of the Interim Agreement, and thereafter Article 28(1) 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(2) of this Regulation. "

[AM 140]

-1e.

"Article 4

Technical adaptations

Amendments and technical adaptations to the provisions adopted pursuant to this Regulation rendered necessary by 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 Albania, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation. "

[AM 141]

-1f.

"Article 5

General safeguard clause

Where the Union needs to take a measure as provided for in Article 25 of the Interim Agreement, and thereafter Article 38 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation, unless otherwise specified in Article 25 of the Interim Agreement, and thereafter Article 38 of the SAA. "

[AM 142]

-1g.

"Article 6

Shortage clause

Where the Union needs to take a measure as provided for in Article 26 of the Interim Agreement, and thereafter Article 39 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation. "

[AM 143]

1.

In Article 7, the third, fourth and fifth paragraphs are replaced by the following:

"The Commission shall take such measures in accordance with the advisory procedure referred to in Article 8a(2) Article 8a(1b) . In cases of urgency, Article 8a(3) Article 8a(2a) shall apply."

[AM 144]

2.

In Article 8, paragraph 2 is replaced by the following:

"2.   The Commission shall take such measures in accordance with the examination procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."

3.

The following article is inserted:

"Article 8a

Committee procedure

-1.     For the purposes of Articles 2, 4, and 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (46). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 145]

1.   For the purposes of Articles 7 and 8 Articles 5, 7 and 8 of this Regulation the Commission shall be assisted by the Committee on Safeguards established set up by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (47). That committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 146]

1a.     For the purposes of Article 6 of this Regulation, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports (48). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 147]

1b.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 148]

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

2a     Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. [AM 149]

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

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 150]

3a.

" The Commission may decide, in accordance with the advisory procedure referred to in Article 8a(1b) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 30(4) of the Interim Agreement, and thereafter Article 43(4) of the SAA. "

[AM 151]

3b.

-1.

[AM 153]

1.

1a.

" 3.     Where the Commission, on the basis of information provided by a Member State or on its own initiative, finds that the conditions laid down in paragraphs 1 and 2 of this Article are fulfilled, the relevant treatment may be suspended in accordance with the advisory procedure referred to in Article 21(1d), provided the Commission has first: "

[AM 156]

1b.

" 4.     The period of suspension under this Article shall be limited to that necessary to protect the Union's financial interests. It shall not exceed six months, which may be renewed. At the end of that period, the Commission shall decide either to terminate the suspension or to extend the period of suspension in accordance with the advisory procedure referred to in Article 21(1d). "

[AM 325]

1c.

" The decision suspending the relevant treatment shall be adopted in accordance with the advisory procedure referred to in Article 21(1d). "

[AM 158]

1d.

" 3.     The detailed rules for implementing the tariff quotas referred to in paragraph 2 of this Article shall be determined in accordance with the examination procedure referred to in Article 21(2). "

[AM 159]

1e.

" 4.     The detailed rules for dividing by region and implementing the tariff quotas referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21(2). "

[AM 160]

1f.

" 5.     The Commission shall adopt detailed rules on the subdivision of quantities provided for in paragraph 1 and for the management of the system referred to in paragraphs 1, 3 and 4 of this Article, and suspension decisions in accordance with the examination procedure referred to in Article 21(2). "

[AM 161]

1g.

" 4.     The Commission shall adopt detailed rules for the management of this system and suspension decisions in accordance with the examination procedure referred to in Article 21(2). "

[AM 162]

2.

Article 14 is amended as follows:

3.

Article 16 is amended as follows:

4.

Article 17 is replaced by the following:

"Article 17

Termination of investigation and proceeding without measures

Where bilateral safeguard measures are deemed unnecessary the investigation and proceeding shall be terminated in accordance with the examination procedure referred to in Article 21(2)."

5.

Article 18 is amended as follows:

6.

In Article 20, paragraph 2 is replaced by the following:

"2.   The decision to impose surveillance shall be taken by the Commission in accordance with the advisory procedure referred to in Article 21(2) Article 21(1d) ."

[AM 164]

7.

Article 21 is replaced by the following:

"Article 21

Committee procedure

1.   For the purposes of this Chapter Articles 5, 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 of 26 February 2009 on the common rules for imports (51). That committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011. [AM 165]

1a.     For the purposes of Article 4, the Commission shall be assisted by the Customs Code Committee established by Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 166]

1b.     For the purposes of Article 6, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (52). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 167]

1c.     For the purposes of Articles 7 and 9, the Commission shall be assisted by the Committee established by Regulation (EC) No 318/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 168]

1d.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 169]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 170]

4.   In the case of products falling under CN code 1701, the Committee referred to in paragraph 1 of this Article shall be assisted by the Committee established by Article 195 of 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) (53).

4a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 171]

7a.

8.

"Article 24a

Exercise of the delegation

1.   The powers to adopt the delegated acts referred to in Article 2(2) and (3) shall be conferred on the Commission for an indeterminate period of time.

2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.   The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 24b and 24c.

Article 24b

Revocation of the delegation

1.   The delegation of power referred to in Article 2(2) and (3) may be revoked at any time by the European Parliament or by the Council.

2.   The institution which has commenced internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 24c

Objections to delegated acts

1.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.   If the European Parliament or the Council objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act."

[AM 173]

8a.

"Article 24d

Confidentiality

1.     Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

2.     No information of a confidential nature nor any information provided on a confidential basis received pursuant to this Regulation shall be disclosed without specific permission from the supplier of such information.

3.     Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.

4.     Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.

5.     Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Regulation are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged. "

[AM 174]

8b.

"Article 24e

Report

1.     The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission, the Committees referred to in this Regulation, and all other bodies responsible for implementing this Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.

2.     The report shall also present a summary of the statistics and the evolution of trade with the ACP countries.

3.     The report shall include information on the implementation of this Regulation.

4.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the application of this Regulation.

5.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 175]

-1.

-1a.

[AM 177]

-1b.

[AM 178]

-1c.

[AM 179]

-1d.

"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(2) of this Regulation. "

[AM 180]

-1e.

"Article 4

Technical adaptations

Amendments and technical adaptations to the provisions adopted pursuant to this Regulation, rendered necessary by 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, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation. "

[AM 181]

-1f.

"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(2) of this Regulation, unless otherwise specified in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA. "

[AM 182]

-1g.

"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(2) of this Regulation. "

[AM 183]

1.

In Article 7, the third, fourth and fifth paragraphs are replaced by the following:

"The Commission shall take such measures in accordance with the advisory procedure referred to in Article 8a(2) Article 8a(1a) . In cases of urgency, Article 8a(3) Article 8a(2a) shall apply."

[AM 184]

2.

In Article 8, paragraph 2 is replaced by the following:

"2.   The Commission shall take such measures in accordance with the examination procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."

3.

The following article is inserted:

"Article 8a

Committee procedure

-1.     For the purposes of Articles 2, 4 and 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (56). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 185]

-1a.     For the purposes of Article 6, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports (57). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 186]

1.   For the purposes of Articles 7 and 8 Articles 5, 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (58). That committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 187]

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 188]

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

2a.     Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. [AM 189]

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

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request.

[AM 190]

3a.

" The Commission may decide, in accordance with the advisory procedure referred to in Article 8a(1a) 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. "

[AM 191]

3b.

-1.

-1a.

-1b.

[AM 195]

-1c.

[AM 196]

-1d.

" 3.     Notwithstanding other provisions of this Regulation, in particular Article 10, if imports of agricultural products cause serious disturbance to the Union markets and their regulatory mechanisms, the Commission may take appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11a(2). "

[AM 197]

-1e.

"Article 4

Implementation of tariff quotas for dairy products

The detailed rules for implementing the tariff quotas for headings 0401 to 0406 shall be determined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11a(2). "

[AM 198]

-1f.

"The Commission shall, in accordance with the examination procedure referred to in Article 11a(2), adopt the provisions necessary for the application of this Regulation, other than those referred to in Article 4, notably:"

[AM 199]

-1g.

1.

Article 10 is amended as follows:

2.

In Article 11, paragraph 1 is replaced by the following

"1.   Where a product originating in Moldova is imported on terms which cause, or threaten to cause, serious difficulties to a Union producer of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time by the Commission in accordance with the examination procedure referred to in Article 11a(2)."

2a.

" 5.     The investigation shall be completed within six months after the publication of the notice referred to in paragraph 2 of this Article. The Commission may, in the case of exceptional circumstances, extend this period in accordance with the advisory procedure referred to in Article 11a(1b). "

[AM 327]

2b.

" 6.     The Commission shall take a decision within three months, in accordance with the examination procedure referred to in Article 11a(2). Such a decision shall enter into force within one month as from its publication. "

[AM 204]

2c.

"7.     Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may take any preventive measure which is strictly necessary, in accordance with the procedure referred to in Article 11a(2a)."

[AM 205]

3.

The following article is inserted:

"Article 11a

Committee procedure

1.   For the purposes of Article 11 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 of 26 February 2009 on the common rules for imports (61). That committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 206]

1a.     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 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (62). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 207]

1b.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 208]

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

2a.     Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. [AM 209]

2b.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 210]

3a.

" 2.     If Moldova does not comply with the rules of origin or does not provide administrative cooperation, as required in Article 2, for the before mentioned Chapters 17, 18, 19 and 21, or if imports of products under these Chapters subject to the preferential arrangements granted under this Regulation significantly exceed the usual levels of exports by Moldova, appropriate measures shall be taken in accordance with the examination procedure referred to in Article 11a(2). "

[AM 211]

-1.

-1a.

[AM 213]

-1b.

[AM 214]

-1c.

[AM 215]

-1d.

"Article 2

Concessions for fish and fishery products

Detailed rules on the implementation of Article 13 of the Interim Agreement, and thereafter Article 28 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(2) of this Regulation ".

[AM 216]

-1e.

"Article 4

Technical adaptations

Amendments and technical adaptations to the provisions adopted pursuant to this Regulation rendered necessary by 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 Bosnia and Herzegovina, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation. "

[AM 217]

-1f.

"Article 5

General safeguard clause

Where the Union needs to take a measure as provided for in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation, unless otherwise specified in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA. "

[AM 218]

-1g.

"Article 6

Shortage clause

Where the Union needs to take a measure as provided for in Article 25 of the Interim Agreement, and thereafter Article 40 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation. "

[AM 219]

1.

In Article 7, the third, fourth and fifth paragraphs are replaced by the following:

"The Commission shall adopt such measures in accordance with the advisory procedure referred to in Article 8a(2) Article 8a(1a) . In cases of urgency, Article 8a(3) Article 8a(2a) shall apply."

[AM 220]

2.

In Article 8, paragraph 2 is replaced by the following:

"2.   The Commission shall adopt such measures in accordance with the examination procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."

3.

The following article is inserted:

"Article 8a

Committee procedure

-1.     For the purposes of Articles 2, 4 and 11 of this Regulation, the Commission shall be assisted by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (65). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 221]

-1a.     For the purposes of Article 6, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports (66). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [AM 222]

1.   For the purposes of Articles 7 and 8 Articles 5, 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 of 26 February 2009 on the common rules for imports (67). That committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 223]

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 224]

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

2a.     Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. [AM 225]

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

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 226]

3a.

" The Commission may decide, in accordance with the advisory procedure referred to in Article 8a(1a) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 29(4) of the Interim Agreement, and thereafter Article 44(4) of the SAA. "

[AM 227]

3b.

-1.

[AM 230]

-1a.

[AM 231]

-1b.

[AM 232]

-1c.

-1d.

1.

Article 16 is amended as follows:

2.

Article 17 is replaced by the following:

"Article 17

1.   Where the Commission or a Member State receives information that may justify temporary withdrawal and where the Commission or a Member State considers that there are sufficient grounds for an investigation, it shall inform the Committee referred to in Article 27.

2.   The Commission may decide, within one month and in accordance with the advisory procedure referred to in Article 27(5), to initiate an investigation."

2a.

" 6.     The investigation shall be completed within one year. The Commission may extend this period in accordance with the advisory procedure referred to in Article 27(5). "

[AM 236]

3.

Article 19 is amended as follows:

4.

Article 20 is amended as follows:

5.

Article 21 is replaced by the following:

"Article 21

Where imports of products included in Annex I to the Treaty cause, or threaten to cause, serious disturbance to Union markets, in particular to one or more of the outermost regions, or these markets’ regulatory mechanisms, the Commission, on its own initiative or at the request of a Member State, may suspend the preferential arrangements in respect of the products concerned in accordance with the advisory procedure referred to in Article 27(6) after consulting the management committee for the relevant common market organisation Article 27(5) ."

[AM 329]

6.

In Article 22, paragraph 2 is deleted. replaced by the following:

" 2.     Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 27(5). "

[AM 244]

6a.

"Article 22a

1.     Where the facts as finally established show that the conditions set out in Article 20 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 27(6).

2.     The Commission shall present, with due regard to the protection of confidential information within the meaning of Article 27c, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law to the European Parliament. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 245]

6b.

"The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to adopt amendments to the Annexes made necessary:"

[AM 246]

7.

In Article 27, the is replaced by the following paragraphs 6 and 7 are added:

"Article 27

1.     The Commission shall be assisted by a Generalised Preferences Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

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

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

7a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 247]

7a.

"Article 27a

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 10(2), Article 11(7) and (8), Article 16(3), Article 19(4) and (5) and Article 25 shall be conferred on the Commission for a period of five years from … (70). 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 10(2), Article 11(7) and (8), Article 16(3), Article 19(4) and (5) and Article 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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 10(2), Article 11(7) and (8), Article 16(3), Article 19(4) and (5) and Article 25 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 four months at the initiative of the European Parliament or the Council.

[AM 330]

7b.

"Article 27b

1.     Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.     Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 27a(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council. "

[AM 249]

7c.

"Article 27c

1.     Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

2.     No information of a confidential nature nor any information provided on a confidential basis received pursuant to this Regulation shall be disclosed without specific permission from the supplier of such information.

3.     Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.

4.     Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.

5.     Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Regulation are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged. "

[AM 250]

7d.

"Article 27d

1.     The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall cover all of the preferential arrangements referred to in Article 1(2), include information about the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade, and present a summary of the statistics and the evolution of trade with the beneficiary countries and territories.

2.     The Generalised Preferences Committee and the European Parliament shall examine the effects of the scheme on the basis of the report. The European Parliament may invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

3.     No later than six months after presenting the report to the Generalised Preferences Committee and the European Parliament, the Commission shall make the report public. "

[AM 251]

-1.

-1a.

-1b.

[AM 254]

-1c.

[AM 255]

-1d.

" The complaint may be submitted to the Commission, or to a Member State, which shall forward it to the Commission. The Commission shall send Member States a copy of any complaint it receives. The complaint shall be deemed to have been lodged on the first working day following its delivery to the Commission by registered mail or the issuing of an acknowledgement of receipt by the Commission. Before the initiation of proceedings the Commission shall inform the Member States and give them the opportunity to express their views. "

[AM 256]

1.

In Article 10, paragraph 11 is replaced by the following:

"11.   Where it is apparent that there is sufficient evidence to justify initiating proceedings, the Commission shall do so within 45 days of the lodging of the complaint and shall publish a notice in the Official Journal of the European Union. Where insufficient evidence has been presented, the complainant shall be so informed within 45 days of the date on which the complaint is lodged with the Commission."

2.

In Article 11, paragraph 9 is replaced by the following:

"9.   For proceedings pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year 11 months . In any event, such investigations shall be concluded within 13 months 12 months of initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. In exceptional cases, having regard to the complexity of the investigation, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, for a period up to, but in no case longer than, 18 months."

[AM 257]

2a.

" 9a.     No later than 32 weeks after the initiation of the investigation the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 of this Regulation for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011. If so the Commission may decide, no later than eight months after the initiation of the investigation, to extend the time limit of paragraph 9 of this Article, for a period up to, but in no case longer than, 13 months. The Commission shall make this decision public. "

[AM 258]

3.

Article 12 is amended as follows:

4.

Article 13 is amended as follows:

5.

In Article 14, paragraph 2 is replaced by the following:

"2.   Where protective measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the advisory procedure referred to in Article 25(2) Article 25(1a) . The chair may obtain the committee's opinion by the written procedure referred to in Article 25(4b) ."

[AM 261]

6.

In Article 15, paragraph 1 is amended as follows:

7.

In Article 16(2), the first subparagraph is replaced by the following:

"2.   Where a provisional duty has been applied and the facts as finally established show the existence of countervailable subsidies and injury, the Commission shall decide, irrespective of whether a definitive countervailing duty is to be imposed, what proportion of the provisional duty is to be definitively collected."

8.

In Article 20, the second paragraph is replaced by the following:

"Such a review shall be initiated after Union producers have been given an opportunity to comment."

9.

In Article 21(4), the first subparagraph is replaced by the following:

"4.   The Commission shall decide whether and to what extent the application should be granted, or it may decide at any time to initiate an interim review, whereupon the information and findings from such review, carried out in accordance with the provisions applicable for such reviews, shall be used to determine whether and to what extent a refund is justified."

10.

Article 22 is amended as follows:

11.

Article 23 is amended as follows:

12.

Article 24 is amended as follows:

13.

Article 25 is replaced by the following:

"Article 25

Committee procedure

1.   The Commission shall be assisted by the Anti-subsidy Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. The advisory committee shall deliver its opinion within one month of the date of referral. Amendments shall be suggested at the latest three days before the meeting of the committee. [AM 265]

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply. The examination committee shall deliver its opinion within one month of the date of referral. Amendments shall be suggested at the latest three days before the meeting of the committee. [AM 266]

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 267]

4.   Pursuant to Article 3(5) of Regulation (EU) No 182/2011 where recourse is made to written procedure, such procedure shall be terminated without result where, within the time limit set down by the chair, the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No 182/2011 so request.

4a.     In the event that a draft implementing act is submitted to the appeal committee pursuant to Article 6 of Regulation (EU) No 182/2011, it shall deliver its opinion within one month of the date of referral. Amendments shall be suggested at the latest three days before the meeting of the committee. [AM 268]

4b.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. "

[AM 269]

14.

In Article 29, paragraph 5 is replaced by the following:

"5.   The Commission and the Member States, or the officials of any of these, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from the supplier. Exchanges of information between the Commission and Member States, or any internal documents prepared by the authorities of the Union or its Member States, shall not be divulged except as specifically provided for in this Regulation."

15.

Article 30 is amended as follows:

16.

Article 31 is amended as follows:

16a.

"Article 33a

Report

1.     The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the application of provisional and definitive measures, the imposition of prior surveillance measures, the termination of investigations without measures, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom.

2.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation.

3.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 270]

-1.

[AM 271]

-1a.

[AM 272]

1.

Article 3 is deleted.

2.

Article 4 is replaced by the following:

"Article 4

1.   The Commission shall be assisted by a Committee on Safeguards. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 273]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 274]

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 275]

4.   Pursuant to Article 3(5) of Regulation (EU) No 182/2011 where recourse is made to written procedure, such procedure shall be terminated without result where, within the time limit set down by the chair, the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No 182/2011 so request."

3.

Article 6 is amended as follows:

4.

In Article 7, paragraph 2 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 one month."

5.

In Article 9, paragraph 2 is replaced by the following:

"2.   Neither the Commission, nor the Member States, nor the officials of any of these shall 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 11, paragraph 2 is replaced by the following:

"2.   The decision to impose surveillance shall be taken by the Commission by means of implementing acts in accordance with the advisory procedure laid down referred to in Article 16(6) Article 4(1a) ."

[AM 276]

7.

Article 13 is replaced by the following:

"Article 13

Where import of a product has not been made subject to prior Union surveillance the Commission, in accordance with Article 18, may introduce surveillance confined to imports into one or more regions of the Union."

8.

In Article 16, paragraphs 6 and 7 are replaced by the following:

"6.   Where intervention by the Commission has been requested by a Member State, the Commission, acting in accordance with the procedure referred to in Article 4(2) Article 4(3) shall take a decision within a maximum of five working days of receipt of such a request. In cases of urgency, Article 4(3) shall apply."

[AM 277]

9.

Article 17 is replaced by the following:

"Article 17

Where the interests of the Union so require, the Commission, acting in accordance with the examination procedure referred to in Article 4(2) and the terms of Chapter III, may adopt appropriate measures to prevent a product being imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competing products.

Article 16(2) to (5) shall apply."

10.

In Article 21, paragraph 2 is replaced by the following:

"2.   Where the Commission considers that any surveillance or safeguard measure referred to in Articles 11, 13, 16, 17 and 18 should be revoked or amended, it shall, acting in accordance with the examination procedure referred to in Article 4(2), revoke or amend the measure."

11.

Article 23 is replaced by the following:

"Article 23

Where the interests of the Union so require, the Commission, acting in accordance with the examination procedure referred to in Article 4(2), may adopt appropriate measures implementing legislative acts, which shall not entail any substantive changes , to allow the rights and obligations of the Union or of all its Member States, in particular those relating to trade in commodities, to be exercised and fulfilled at international level."

[AM 278]

11a.

"Article 23a

1.     The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the application of provisional and definitive measures, prior surveillance measures, regional surveillance and safeguard measures, the termination of investigations without measures, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom.

2.     The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation.

3.     No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. "

[AM 279]

-1.

[AM 280]

-1a.

[AM 281]

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 Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (77). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.     Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 282]

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 283]

3a.     Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 284]

4.   Pursuant to Article 3(5) of Regulation (EU) No 182/2011 where recourse is made to written procedure, such procedure shall be terminated without result where, within the time limit set down by the chair, the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No 182/2011 so request.