Regulation (EU) No 38/2014 of the European Parliament and of the CouncilShow full title

2. Regulation (EC) No 517/94

As regards Regulation (EC) No 517/94, in order to ensure the appropriate functioning of the system for the management of imports of certain textile products not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes to that Regulation, altering the import rules and applying safeguard measures and surveillance measures in accordance with that Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

In order to ensure uniform conditions for the implementation of Regulation (EC) No 517/94, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

The advisory procedure should be used for the adoption of surveillance measures given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures.

Accordingly, Regulation (EC) No 517/94 is amended as follows:

(1)

Article 3(3) is replaced by the following:

"3. Any textile product referred to in Annex V to this Regulation and originating in the countries indicated therein may be imported into the Union provided an annual quantitative limit is established by the Commission. Any such quantitative limit shall be based on previous trade flows, or where not available, duly justified estimations of such trade flows. The Commission shall be empowered to adopt delegated acts to amend the relevant Annexes to this Regulation in accordance with Article 25a concerning the establishment of such annual quantitative limits.".

(2)

Article 5 is replaced by the following:

"Article 5

1. The Committee referred to in Article 25 may consider any matter relating to the application of this Regulation, raised by the Commission or at the request of a Member State.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 25a concerning the measures required to adapt Annexes III to VII to this Regulation where problems are detected in their effective functioning.".

(3)

Article 7 is amended as follows:

(a)

paragraph 1 is replaced by the following:

"1. Where it is apparent to the Commission that there is sufficient evidence to justify an investigation, with regard to the conditions of imports of products mentioned in Article 1, the Commission shall initiate an investigation. The Commission shall provide information to the Member States once it has determined the need to initiate such an investigation.";

(b)

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

"2. In addition to the information supplied under Article 6, the Commission shall seek all information it deems to be necessary and shall endeavour to check that information with importers, traders, agents, producers, trade associations and organisations.".

(4)

Article 8(2) is replaced by the following:

"2. If the Commission considers that no Union surveillance or safeguard measures are necessary, it shall, acting in accordance with the examination procedure provided for in Article 25(2), decide to close the investigations, stating the main conclusions of the investigations.".

(5)

Article 11 is amended as follows:

(a)

in paragraph 1, points (a) and (b) are replaced by the following:

• decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a);

• decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance, in accordance with the advisory procedure referred to in Article 25(1a).";

(b)

in paragraph 2, points (a) and (b) are replaced by the following:

• decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a);

• decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance in accordance with the advisory procedure referred to in Article 25(1a).".

(6)

Article 12(3) is replaced by the following:

"3. The Commission shall be empowered to adopt delegated acts in accordance with Article 25a concerning measures referred to in paragraphs 1 and 2 of this Article in order to alter the import rules for the product in question, including by amending the Annexes to this Regulation.".

(7)

Article 13 is replaced by the following:

"Article 13

In cases of emergency where the absence of measures would cause irreparable damage to the Union industry, and where the Commission finds, upon its own initiative or on the request of a Member State, that the conditions set out in Article 12(1) and (2) are fulfilled, and considers that a given category of products listed in Annex I to this Regulation and not subject to any quantitative restriction should be subject to quantitative limits or prior or retrospective surveillance measures, and therefore imperative grounds of urgency so require, the procedure provided for in Article 25b shall apply to delegated acts referred to in Article 12(1) and (2) in order to alter the import rules for the product in question, including by amending the Annexes to this Regulation.".

(8)

In Article 15, the introductory wording is replaced by the following:

"In accordance with the advisory procedure referred to in Article 25(1a), the Commission may, at the request of a Member State or on its own initiative, if the situation referred to in Article 12(2) is likely to arise:".

(9)

In Article 16, the third paragraph is replaced by the following:

"These measures shall be adopted in accordance with the appropriate procedure applicable to measures to be adopted pursuant to Articles 10, 11 and 12.".

(10)

In Article 25, paragraphs 1, 2, 3 and 4 are replaced by the following:

"Article 25

1. The Commission shall be assisted by the Textile Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(1).

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

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

(11)

The following articles are inserted:

"Article 25a

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 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect 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 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 5(2) and Articles 13 and 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Article 3(3) and Article 12(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 of the Council.

Article 25b

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 25a(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 by the Council.".

(12)

The following article is inserted:

"Article 26a

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(2).

(13)

Article 28 is replaced by the following:

"Article 28

The Commission shall be empowered to adopt delegated acts in accordance with Article 25a to amend the relevant Annexes where necessary to take into account the conclusion, amendment or expiry of agreements or arrangements with third countries or amendments made to Union rules on statistics, customs arrangements or common rules for imports.".

(1)

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).".

(2)

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).".