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2015/0079(COD) EU/Euratom/Moldova Association Agreement: implementing the safeguard clause and anti-circumvention mechanism

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA WINKLER Iuliu (icon: PPE PPE), DANTI Nicola (icon: S&D S&D), ZAHRADIL Jan (icon: ECR ECR), TAKKULA Hannu (icon: ALDE ALDE), JADOT Yannick (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Committee Opinion ITRE
Committee Opinion AGRI DĂNCILĂ Viorica (icon: S&D S&D) James NICHOLSON (icon: ECR ECR), Miguel VIEGAS (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 207-p2

Events

2016/03/31
   EC - Commission response to text adopted in plenary
Documents
SP(2016)221
2016/03/23
   Final act published in Official Journal
Details

PURPOSE: to implement the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the EU and Moldavia.

LEGISLATIVE ACT: Regulation (EU) 2016/400 of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.

CONTENT: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes:

· a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalisation or reintroduce the most favoured nation (MFN) customs duty rate;

· an anti-circumvention mechanism , which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin.

Objective: the Regulation lays down provisions for the implementation of the safeguard clause and the anti-circumvention mechanism provided for in the Agreement. It applies to products originating in Moldova.

Safeguard measures: such measures may be imposed where a product originating in Moldova is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause or threaten to cause serious injury to the Union industry.

The Commission should receive information, including available evidence, from the Member States of any trends in imports that might call for the application of safeguard measures. If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union .

The Regulation contains detailed provisions on the initiation of investigations, access to information gathered and inspections by interested parties of such information, hearings for the interested parties involved and opportunities for those parties to submit their views. An investigation should precede the application of any safeguard measure, subject to the Commission being allowed to apply provisional safeguard measures in critical circumstances.

A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy serious injury to Union industry and to facilitate adjustment.

Anti-circumvention mechanism : the Regulation also provides for the possibility of suspending the preferential duties for a maximum period of 6 months when the imports of certain products reach the annual import volumes defined in the Agreement.

Implementation: implementing powers are conferred on the Commission in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures, for the termination of an investigation without measures and for the implementation of the anti-circumvention mechanism provided for in the Agreement. The Commission will adopt immediately applicable implementing acts imposing provisional safeguard measures in duly justified cases, where imperative grounds of urgency so require.

Annual report: for reasons of transparency, the Commission will submit an annual report to the European Parliament and to the Council on the implementation of the Agreement and the application of the safeguard measures and the anti-circumvention mechanism.

The European Parliament may, within 1 month of submission of the Commission’s 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 Regulation.

ENTRY INTO FORCE: 24.3.2016.

Documents
Regulation 2016/400
OJ L 077 23.03.2016, p. 0053
2016/03/09
   CSL - Draft final act
Documents
00073/2015/LEX
2016/03/09
   CSL - Final act signed
2016/02/29
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/02/29
   EP - End of procedure in Parliament
2016/02/29
   CSL - Council Meeting
2016/02/03
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/02/03
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 577 votes to 11, with 52 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.

Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal regarding two issues:

Imposition of definitive safeguard measures : the Commission shall invite the authorities of the Republic of Moldova to hold consultations in accordance with Article 160(2) of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt, by means of implementing acts, definitive safeguard measures.

Report : the amended text obliges the Commission to include in its annual report on the application and implementation of this Regulation information about the application of provisional and definitive safeguard measures, as well as the application of the anti-circumvention mechanism.

Documents
T8-0035/2016
2015/12/14
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.

The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal.

The proposed amendments seek to:

spell-out the obligation of the EU to hold consultations with the Moldovan authorities before the imposition of a definitive safeguard measure in accordance with Article 160 of the Association Agreement between the EU and Moldovia. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures; spell-out the reporting obligation of the Commission in more detail, so as to expressly mention the application of provisional and definitive safeguard measures and the application of the anti-circumvention mechanism.

Documents
A8-0364/2015
2015/12/10
   EP - Vote in committee, 1st reading
2015/11/24
   EP - Amendments tabled in committee
Documents
PE572.843
2015/10/29
   EP - Committee draft report
Documents
PE571.451
2015/10/14
   EP - Committee opinion
Documents
PE560.764
2015/05/19
   EP - DĂNCILĂ Viorica (S&D) appointed as rapporteur in AGRI
2015/04/27
   EP - Committee referral announced in Parliament, 1st reading
2015/04/14
   EC - Legislative proposal published
Details

PURPOSE: to incorporate the anti-circumvention mechanism foreseen in the EU-Moldova Association Agreement into European Union law.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes:

a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalization or reintroduce the most favoured nation (MFN) customs duty rate; a so-called anti-circumvention mechanism , which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin.

The Commission considered it necessary to lay down the procedures to guarantee the effective application of the safeguard clause and the anti-circumvention mechanism.

An implementing regulation of the European Parliament and of the Council is necessary to put in place in the EU’s internal legislation the necessary instrument to be able to apply the bilateral safeguard clause and the anti-circumvention mechanism.

CONTENT: the proposal for a Regulation constitutes the legal instrument for the implementation of the safeguard clause and the anti-circumvention mechanism of the Agreement already concluded with the Republic of Moldova.

Safeguard measures : safeguard measures may be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competing products. The maximum duration of safeguard measures is determined and specific provisions regarding extension and review of such measures are laid down.

Initiating an investigation : the tasks of following up and reviewing the Agreement, carrying out investigations and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures. If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union.

Investigations : the proposal provides that there should be detailed provisions on the initiation of investigations, access to and inspections by interested parties of the information gathered, hearings for the interested parties involved and the opportunities for those parties to submit their views. It also sets time limits for the initiation of an investigation and for determinations as to whether or not safeguard measures are appropriate, with a view to ensuring that such determinations are made quickly, in order to increase legal certainty for the economic operators concerned. An investigation should precede the application of any safeguard measure.

Anti-circumvention mechanism : the proposed Regulation provides for the possibility to suspend the preferential customs duties for a maximum period of six months when the imports of certain agricultural products and processed agricultural products reach the annual import volumes defined in the Association Agreement.

Implementation : in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures and for the termination of an investigation without measures provided for in the Agreement, implementing powers should be conferred on the Commission.

The Commission should adopt immediately applicable implementing acts where, in duly justified cases a delay in the imposition of provisional safeguard measures would cause damage which would be difficult to repair or in order to prevent a negative impact on the Union market as a result of an increase in imports.

Documents
COM(2015)0154
EUR-Lex

Documents

Activities

Votes

A8-0364/2015 - Helmut Scholz - Vote unique #

2016/02/03 Outcome: +: 577, 0: 52, -: 11
DE IT FR ES GB PL RO PT HU BG BE CZ SE EL NL AT DK LT HR FI SK SI LU LV MT EE IE CY
Total
79
65
64
43
59
48
29
19
18
17
19
17
17
15
20
17
13
11
11
9
9
7
6
6
6
5
5
5
icon: PPE PPE
195

Germany PPE

31

Italy PPE

14

France PPE

18

Spain PPE

15

Poland PPE

20

Romania PPE

12

Portugal PPE

7

Hungary PPE

11

Bulgaria PPE

7

Belgium PPE

4

Czechia PPE

7

Sweden PPE

2

Greece PPE

5

Netherlands PPE

4

Austria PPE

5

Denmark PPE

For (1)

Bendt BENDTSEN
1

Lithuania PPE

2

Croatia PPE

5

Finland PPE

2

Slovakia PPE

5

Slovenia PPE

5

Luxembourg PPE

3

Latvia PPE

3

Malta PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Ireland PPE

2

Cyprus PPE

1
icon: S&D S&D
153

Germany S&D

22

Italy S&D

26

France S&D

11

Spain S&D

9

United Kingdom S&D

17

Poland S&D

5

Romania S&D

13

Portugal S&D

7

Hungary S&D

4

Bulgaria S&D

4

Belgium S&D

2

Czechia S&D

3

Sweden S&D

6

Netherlands S&D

2

Austria S&D

5

Denmark S&D

3

Lithuania S&D

2

Croatia S&D

2

Slovakia S&D

2

Luxembourg S&D

For (1)

Mady DELVAUX
1

Latvia S&D

1

Malta S&D

3

Ireland S&D

For (1)

Nessa CHILDERS
1

Cyprus S&D

2
icon: ALDE ALDE
63

Germany ALDE

3

France ALDE

6

Spain ALDE

6

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Bulgaria ALDE

4

Belgium ALDE

6

Czechia ALDE

4

Sweden ALDE

3

Netherlands ALDE

6

Austria ALDE

For (1)

Angelika MLINAR
1

Denmark ALDE

3

Lithuania ALDE

4

Croatia ALDE

2

Finland ALDE

4

Slovenia ALDE

For (1)

Ivo VAJGL
1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Latvia ALDE

1

Estonia ALDE

3
icon: ECR ECR
58

Germany ECR

3

Italy ECR

1

United Kingdom ECR

15

Poland ECR

19

Bulgaria ECR

2

Belgium ECR

4

Czechia ECR

2

Greece ECR

Abstain (1)

Notis MARIAS
1

Netherlands ECR

2

Denmark ECR

4

Lithuania ECR

1

Croatia ECR

For (1)

Ruža TOMAŠIĆ
1

Finland ECR

1

Slovakia ECR

2
icon: Verts/ALE Verts/ALE
45

Germany Verts/ALE

12

France Verts/ALE

5

Spain Verts/ALE

4

United Kingdom Verts/ALE

5

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

2

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

Indrek TARAND
1
icon: GUE/NGL GUE/NGL
41

Germany GUE/NGL

6

Italy GUE/NGL

3

France GUE/NGL

Against (1)

Jean-Luc MÉLENCHON
4

Spain GUE/NGL

Abstain (1)

Josu JUARISTI ABAUNZ
9

United Kingdom GUE/NGL

1

Portugal GUE/NGL

4

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Greece GUE/NGL

6

Netherlands GUE/NGL

Abstain (1)

Anja HAZEKAMP
1

Denmark GUE/NGL

Abstain (1)

Rina Ronja KARI
1

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Ireland GUE/NGL

2

Cyprus GUE/NGL

2
icon: EFDD EFDD
40

Italy EFDD

16

France EFDD

1

United Kingdom EFDD

18

Poland EFDD

1

Czechia EFDD

Abstain (1)

Petr MACH
1

Sweden EFDD

2

Lithuania EFDD

For (1)

Rolandas PAKSAS
1
icon: NI NI
10

Germany NI

Abstain (1)

Udo VOIGT
2

France NI

Abstain (1)

Bruno GOLLNISCH
2

United Kingdom NI

For (1)

Diane DODDS
1

Poland NI

Against (1)

Janusz KORWIN-MIKKE
1

Hungary NI

For (1)

Zoltán BALCZÓ
1

Greece NI

3
icon: ENF ENF
34

Italy ENF

5

France ENF

For (1)

Steeve BRIOIS
17

United Kingdom ENF

Against (1)

Janice ATKINSON
1

Poland ENF

2

Romania ENF

1

Belgium ENF

Against (1)

Gerolf ANNEMANS
1

Netherlands ENF

3

Austria ENF

4
AmendmentsDossier
4 2015/0079(COD)
2015/09/07 AGRI 2 amendments...
source: 567.487
2015/11/24 INTA 2 amendments...
source: 572.843

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (1) Changes | Timetravel
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2019-07-06Show (23) Changes | Timetravel
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EP
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INTA
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2015-07-13T00:00:00
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EP
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AGRI
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2015-05-19T00:00:00
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council
  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3451 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3451*&MEET_DATE=29/02/2016 date: 2016-02-29T00:00:00
docs
  • date: 2015-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.764&secondRef=02 title: PE560.764 committee: AGRI type: Committee opinion body: EP
  • date: 2015-10-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE571.451 title: PE571.451 type: Committee draft report body: EP
  • date: 2015-11-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE572.843 title: PE572.843 type: Amendments tabled in committee body: EP
  • date: 2016-03-09T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00073/2015/LEX type: Draft final act body: CSL
  • date: 2016-03-31T00:00:00 docs: url: /oeil/spdoc.do?i=26512&j=0&l=en title: SP(2016)221 type: Commission response to text adopted in plenary
events
  • date: 2015-04-14T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0154/COM_COM(2015)0154_EN.pdf title: COM(2015)0154 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0154 title: EUR-Lex summary: PURPOSE: to incorporate the anti-circumvention mechanism foreseen in the EU-Moldova Association Agreement into European Union law. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes: a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalization or reintroduce the most favoured nation (MFN) customs duty rate; a so-called anti-circumvention mechanism , which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin. The Commission considered it necessary to lay down the procedures to guarantee the effective application of the safeguard clause and the anti-circumvention mechanism. An implementing regulation of the European Parliament and of the Council is necessary to put in place in the EU’s internal legislation the necessary instrument to be able to apply the bilateral safeguard clause and the anti-circumvention mechanism. CONTENT: the proposal for a Regulation constitutes the legal instrument for the implementation of the safeguard clause and the anti-circumvention mechanism of the Agreement already concluded with the Republic of Moldova. Safeguard measures : safeguard measures may be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competing products. The maximum duration of safeguard measures is determined and specific provisions regarding extension and review of such measures are laid down. Initiating an investigation : the tasks of following up and reviewing the Agreement, carrying out investigations and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures. If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union. Investigations : the proposal provides that there should be detailed provisions on the initiation of investigations, access to and inspections by interested parties of the information gathered, hearings for the interested parties involved and the opportunities for those parties to submit their views. It also sets time limits for the initiation of an investigation and for determinations as to whether or not safeguard measures are appropriate, with a view to ensuring that such determinations are made quickly, in order to increase legal certainty for the economic operators concerned. An investigation should precede the application of any safeguard measure. Anti-circumvention mechanism : the proposed Regulation provides for the possibility to suspend the preferential customs duties for a maximum period of six months when the imports of certain agricultural products and processed agricultural products reach the annual import volumes defined in the Association Agreement. Implementation : in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures and for the termination of an investigation without measures provided for in the Agreement, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases a delay in the imposition of provisional safeguard measures would cause damage which would be difficult to repair or in order to prevent a negative impact on the Union market as a result of an increase in imports.
  • date: 2015-04-27T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2015-12-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-12-14T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0364&language=EN title: A8-0364/2015 summary: The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal. The proposed amendments seek to: spell-out the obligation of the EU to hold consultations with the Moldovan authorities before the imposition of a definitive safeguard measure in accordance with Article 160 of the Association Agreement between the EU and Moldovia. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures; spell-out the reporting obligation of the Commission in more detail, so as to expressly mention the application of provisional and definitive safeguard measures and the application of the anti-circumvention mechanism.
  • date: 2016-02-03T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26512&l=en title: Results of vote in Parliament
  • date: 2016-02-03T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0035 title: T8-0035/2016 summary: The European Parliament adopted by 577 votes to 11, with 52 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal regarding two issues: Imposition of definitive safeguard measures : the Commission shall invite the authorities of the Republic of Moldova to hold consultations in accordance with Article 160(2) of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt, by means of implementing acts, definitive safeguard measures. Report : the amended text obliges the Commission to include in its annual report on the application and implementation of this Regulation information about the application of provisional and definitive safeguard measures, as well as the application of the anti-circumvention mechanism.
  • date: 2016-02-29T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-02-29T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-03-09T00:00:00 type: Final act signed body: CSL
  • date: 2016-03-23T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to implement the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the EU and Moldavia. LEGISLATIVE ACT: Regulation (EU) 2016/400 of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. CONTENT: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes: · a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalisation or reintroduce the most favoured nation (MFN) customs duty rate; · an anti-circumvention mechanism , which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin. Objective: the Regulation lays down provisions for the implementation of the safeguard clause and the anti-circumvention mechanism provided for in the Agreement. It applies to products originating in Moldova. Safeguard measures: such measures may be imposed where a product originating in Moldova is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause or threaten to cause serious injury to the Union industry. The Commission should receive information, including available evidence, from the Member States of any trends in imports that might call for the application of safeguard measures. If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union . The Regulation contains detailed provisions on the initiation of investigations, access to information gathered and inspections by interested parties of such information, hearings for the interested parties involved and opportunities for those parties to submit their views. An investigation should precede the application of any safeguard measure, subject to the Commission being allowed to apply provisional safeguard measures in critical circumstances. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy serious injury to Union industry and to facilitate adjustment. Anti-circumvention mechanism : the Regulation also provides for the possibility of suspending the preferential duties for a maximum period of 6 months when the imports of certain products reach the annual import volumes defined in the Agreement. Implementation: implementing powers are conferred on the Commission in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures, for the termination of an investigation without measures and for the implementation of the anti-circumvention mechanism provided for in the Agreement. The Commission will adopt immediately applicable implementing acts imposing provisional safeguard measures in duly justified cases, where imperative grounds of urgency so require. Annual report: for reasons of transparency, the Commission will submit an annual report to the European Parliament and to the Council on the implementation of the Agreement and the application of the safeguard measures and the anti-circumvention mechanism. The European Parliament may, within 1 month of submission of the Commission’s 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 Regulation. ENTRY INTO FORCE: 24.3.2016. docs: title: Regulation 2016/400 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R0400 title: OJ L 077 23.03.2016, p. 0053 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:077:TOC
links
other
  • body: EC dg: url: http://ec.europa.eu/trade/ title: Trade commissioner: MALMSTRÖM Cecilia
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Rules of Procedure of the European Parliament EP 150
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  • INTA/8/03249
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6.20.03
Bilateral economic and trade agreements and relations
6.40.15
European neighbourhood policy
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  • See also
2016-04-05Show (4) Changes | Timetravel
activities/8
date
2016-03-23T00:00:00
docs
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Final act published in Official Journal
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R0400
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Regulation 2016/400
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EU/Euratom/Moldova Association Agreement: implementing the safeguard clause and anti-circumvention mechanism
2016-03-11Show (2) Changes | Timetravel
activities/7
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2016-03-05Show (3) Changes | Timetravel
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2016-02-29T00:00:00
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CSL
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2016-02-13Show (1) Changes | Timetravel
activities/4/docs/0/text

  • The European Parliament adopted by 577 votes to 11, with 52 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.

    Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal regarding two issues:

    Imposition of definitive safeguard measures: the Commission shall invite the authorities of the Republic of Moldova to hold consultations in accordance with Article 160(2) of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt, by means of implementing acts, definitive safeguard measures.

    Report: the amended text obliges the Commission to include in its annual report on the application and implementation of this Regulation information about the application of provisional and definitive safeguard measures, as well as the application of the anti-circumvention mechanism.
2016-02-10Show (1) Changes | Timetravel
procedure/stage_reached
Old
Awaiting Council 1st reading position / budgetary conciliation convocation
New
Provisional agreement between Parliament and Council on final act
2016-02-05Show (3) Changes | Timetravel
activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0035 type: Decision by Parliament, 1st reading/single reading title: T8-0035/2016
activities/4/type
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Vote in plenary scheduled
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Decision by Parliament, 1st reading/single reading
procedure/stage_reached
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Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting Council 1st reading position / budgetary conciliation convocation
2016-01-22Show (1) Changes | Timetravel
activities/4/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Vote in plenary scheduled
2016-01-21Show (1) Changes | Timetravel
activities/3/docs/0/text

  • The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part.

    The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal.

    The proposed amendments seek to:

    • spell-out the obligation of the EU to hold consultations with the Moldovan authorities before the imposition of a definitive safeguard measure in accordance with Article 160 of the Association Agreement between the EU and Moldovia. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures;
    • spell-out the reporting obligation of the Commission in more detail, so as to expressly mention the application of provisional and definitive safeguard measures and the application of the anti-circumvention mechanism.
2016-01-07Show (1) Changes | Timetravel
activities/3/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0364&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0364/2015
2015-12-17Show (1) Changes | Timetravel
activities/4/date
Old
2016-01-20T00:00:00
New
2016-02-03T00:00:00
2015-12-15Show (2) Changes | Timetravel
activities/3
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2015-12-14T00:00:00
body
EP
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Committee report tabled for plenary, 1st reading/single reading
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Old
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New
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2015-12-12Show (4) Changes | Timetravel
activities/2
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2015-12-10T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
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2015-12-10T00:00:00
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2016-01-20T00:00:00
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New
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procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 150
2015-11-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0154:EN
2015-10-21Show (10) Changes | Timetravel
activities/1/committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee: AGRI date: 2015-05-19T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DĂNCILĂ Viorica
  • body: EP shadows: group: EPP name: WINKLER Iuliu group: S&D name: DANTI Nicola group: ECR name: ZAHRADIL Jan group: ALDE name: TAKKULA Hannu group: Verts/ALE name: JADOT Yannick responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
activities/1/date
Old
2015-11-19T00:00:00
New
2015-04-27T00:00:00
activities/1/type
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New
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activities/2/committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee: AGRI date: 2015-05-19T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: S&D name: DĂNCILĂ Viorica
  • body: EP shadows: group: EPP name: WINKLER Iuliu responsible: True committee: INTA date: 2015-07-13T00:00:00 committee_full: International Trade rapporteur: group: GUE/NGL name: SCHOLZ Helmut
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
activities/2/date
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2015-04-27T00:00:00
New
2015-12-10T00:00:00
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committees/2/shadows/2
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ECR
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ZAHRADIL Jan
committees/2/shadows/3
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ALDE
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committees/2/shadows/4
group
Verts/ALE
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JADOT Yannick
2015-07-17Show (1) Changes | Timetravel
activities/2
date
2015-11-19T00:00:00
body
EP
type
Vote scheduled in committee, 1st reading/single reading
2015-07-10Show (4) Changes | Timetravel
activities/1/committees/2/date
2015-07-13T00:00:00
activities/1/committees/2/rapporteur
  • group: GUE/NGL name: SCHOLZ Helmut
committees/2/date
2015-07-13T00:00:00
committees/2/rapporteur
  • group: GUE/NGL name: SCHOLZ Helmut
2015-06-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0154:EN
2015-06-01Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0154:EN
2015-05-30Show (3) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52015PC0154:EN
activities/1/committees/2/shadows
  • group: EPP name: WINKLER Iuliu
committees/2/shadows
  • group: EPP name: WINKLER Iuliu
2015-05-27Show (1) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to incorporate the anti-circumvention mechanism foreseen in the EU-Moldova Association Agreement into European Union law.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND:  the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes:

    • a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalization or reintroduce the most favoured nation (MFN) customs duty rate;
    • a so-called anti-circumvention mechanism, which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin. 

    The Commission considered it necessary to lay down the procedures to guarantee the effective application of the safeguard clause and the anti-circumvention mechanism.

    An implementing regulation of the European Parliament and of the Council is necessary to put in place in the EU’s internal legislation the necessary instrument to be able to apply the bilateral safeguard clause and the anti-circumvention mechanism.

    CONTENT: the proposal for a Regulation constitutes the legal instrument for the implementation of the safeguard clause and the anti-circumvention mechanism of the Agreement already concluded with the Republic of Moldova.

    Safeguard measures: safeguard measures may be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competing products. The maximum duration of safeguard measures is determined and specific provisions regarding extension and review of such measures are laid down.

    Initiating an investigation: the tasks of following up and reviewing the Agreement, carrying out investigations and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures.  If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union.

    Investigations: the proposal provides that there should be detailed provisions on the initiation of investigations, access to and inspections by interested parties of the information gathered, hearings for the interested parties involved and the opportunities for those parties to submit their views. It also sets time limits for the initiation of an investigation and for determinations as to whether or not safeguard measures are appropriate, with a view to ensuring that such determinations are made quickly, in order to increase legal certainty for the economic operators concerned. An investigation should precede the application of any safeguard measure.

    Anti-circumvention mechanism: the proposed Regulation provides for the possibility to suspend the preferential customs duties for a maximum period of six months when the imports of certain agricultural products and processed agricultural products reach the annual import volumes defined in the Association Agreement.

    Implementation: in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures and for the termination of an investigation without measures provided for in the Agreement, implementing powers should be conferred on the Commission.

    The Commission should adopt immediately applicable implementing acts where, in duly justified cases a delay in the imposition of provisional safeguard measures would cause damage which would be difficult to repair or in order to prevent a negative impact on the Union market as a result of an increase in imports.
2015-05-21Show (4) Changes | Timetravel
activities/1/committees/1/date
2015-05-19T00:00:00
activities/1/committees/1/rapporteur
  • group: S&D name: DĂNCILĂ Viorica
committees/1/date
2015-05-19T00:00:00
committees/1/rapporteur
  • group: S&D name: DĂNCILĂ Viorica
2015-04-30Show (3) Changes | Timetravel
activities/1
date
2015-04-27T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
INTA/8/03249
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Old
Preparatory phase in Parliament
New
Awaiting committee decision
2015-04-28Show (5) Changes
activities
  • date: 2015-04-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0154/COM_COM(2015)0154_EN.pdf title: COM(2015)0154 type: Legislative proposal published celexid: CELEX:52015PC0154:EN type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: MALMSTRÖM Cecilia
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI
  • body: EP responsible: True committee_full: International Trade committee: INTA
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
links
other
  • body: EC dg: url: http://ec.europa.eu/trade/ title: Trade commissioner: MALMSTRÖM Cecilia
procedure
legal_basis
Treaty on the Functioning of the EU TFEU 207-p2
reference
2015/0079(COD)
subtype
Legislation
geographical_area
Moldova, Republic
stage_reached
Preparatory phase in Parliament
summary
See also
instrument
Regulation
title
EU/Euratom/Moldova Association Agreement: safeguard clause and anti-circumvention mechanism providing for the temporary suspension of tariff preferences
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject
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