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

21. Regulation (EC) No 1061/2009

As regards Regulation (EC) No 1061/2009, its implementation requires uniform conditions for the adoption of provisional and definitive safeguard measures, and for the imposition of prior surveillance measures. Those measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011.

Where a delay in the imposition of measures would cause damage which would be difficult to repair, it is necessary to allow the Commission to adopt immediately applicable provisional measures.

Accordingly, Regulation (EC) No 1061/2009 is amended as follows:

(1)

Article 3 is deleted.

(2)

Article 4 is replaced by the following:

"Article 4

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

2. Where reference is made to this paragraph, Article 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, in conjunction with Article 5 thereof, shall apply.

(3)

Article 6 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

"1. In order to prevent a critical situation from arising on account of a shortage of essential products, or to remedy such a situation, and where Union interests call for immediate intervention, the Commission, acting at the request of a Member State or on its own initiative, and taking account of the nature of the products and of the other particular features of the transactions in question, may make the export of a product subject to the production of an export authorisation, the granting of which shall be governed by such provisions and subject to such limits as the Commission shall lay down in accordance with the examination procedure referred to in Article 4(2), or, in cases of urgency, in accordance with Article 4(3).

2. The European Parliament, the Council and the Member States shall be notified of the measures taken. Such measures shall take effect immediately.";

(b)

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

"4. Where intervention by the Commission has been requested by a Member State, the Commission shall take a decision pursuant to paragraph 1 within a maximum of 5 working days of the date of receipt of such request.

5. Where the Commission has acted pursuant to paragraph 1 of this Article, it shall, not later than 12 working days following the date of entry into force of the measure which it has taken, decide whether to adopt appropriate measures as provided for in Article 7. If, at the end of six weeks following the date of entry into force of the measure, no measures have been adopted, the measure in question shall be deemed revoked.".

(4)

In Article 7(1), the introductory wording is replaced by the following:

"1. Where the interests of the Union so require, the Commission may, acting in accordance with the examination procedure referred to in Article 4(2), adopt appropriate measures:".

(5)

Article 8 is replaced by the following:

"Article 8

1. While any measure referred to in Articles 6 and 7 is in operation, the Commission may, either at the request of a Member State or on its own initiative:

(a) examine the effects of the measure;

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

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

2. Where the Commission considers that any measure provided for in Article 6 or 7 should be revoked or amended, it shall act in accordance with the examination procedure referred to in Article 4(2).".

(6)

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

"In respect of products listed in Annex I, until the European Parliament and the Council adopt appropriate measures pursuant to international commitments entered into by the Union or all the Member States, Member States shall, without prejudice to rules adopted by the Union in this field, be authorised to implement the emergency sharing system introducing an allocation obligation vis-à-vis third countries provided for in international commitments entered into before the entry into force of this Regulation.".

(7)

The following article is inserted:

"Article 9a

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

(1)

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

(2)

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

(3)

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