Regulation (EU) 2015/479 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) 2015/479 of the European Parliament and of the Council

of 11 March 2015

on common rules for exports

(codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) Council Regulation (EC) No 1061/2009(3) has been substantially amended(4). In the interests of clarity and rationality, that Regulation should be codified.

(2) The common commercial policy should be based on uniform principles.

(3) Common rules should be laid down for exports from the Union.

(4) Exports are almost completely liberalised in all the Member States. It is therefore possible to accept as a Union principle that exports to third countries are not subject to any quantitative restriction, subject to the exceptions provided for in this Regulation and without prejudice to such measures as Member States may take in conformity with the Treaty.

(5) The Commission should be informed if, as a result of unusual developments on the market, a Member State considers that protective measures might be necessary.

(6) It is essential that examination should take place at Union level, in particular on the basis of any such information, of export terms and conditions, of export trends, of the various aspects of the economic and commercial situation, and of the measures, if any, to be taken.

(7) It may become apparent from this examination that the Union should exercise surveillance over certain exports, or that interim protective measures should be introduced as a safeguard against unforeseen practices.

(8) Any protective measures necessitated by the interests of the Union should be adopted with due regard for existing international obligations.

(9) It is necessary to authorise Member States which are bound by international commitments setting up, in cases of actual or potential supply difficulties, a system for the allocation of oil products between contracting parties to comply with the resulting obligations vis-à-vis third countries, without prejudice to Union provisions adopted to the same end. This authorisation should apply until the adoption by the European Parliament and the Council of appropriate measures pursuant to commitments entered into by the Union or all the Member States.

(10) This Regulation should apply to all products, whether industrial or agricultural. Its operation should be complementary to that of the instruments establishing the common organisation of agricultural markets, and to that of the special instruments adopted under Article 352 of the Treaty for processed agricultural products. Any overlap between the provisions of this Regulation and the provisions of those instruments, particularly the protective clauses thereof, must however be avoided.

(11) The implementation of this Regulation requires uniform conditions for the adoption of protective measures. Those measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(5),

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. BASIC PRINCIPLE

Article 1 U.K.

The exportation of products from the [F1 Great Britain] shall be free, that is to say, they shall not be subject to any quantitative restriction, with the exception of those restrictions which are applied in conformity with this Regulation.

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(2)

F2 CHAPTER II U.K. UNION INFORMATION AND CONSULTATION PROCEDURE

Article 2 U.K.

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Article 3 U.K.

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Article 4 U.K.

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Textual Amendments

F2 Ch. 2 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(3)

CHAPTER III U.K. PROTECTIVE MEASURES

[F3 Article 5 U.K.

1. The Secretary of State may, in order to prevent a critical situation arising on account of a shortage of essential products or to remedy such a situation, make regulations which provide for the export of a product to be subject to the production of an export authorisation, the granting of which is subject to such limits as the regulations may prescribe, having regard to the nature of the product or other particular features of the transaction in question.

2. Regulations under paragraph 1—

(a) may provide for any measures imposed by them to be limited to exports to certain countries or to exports from certain regions of Great Britain;

(b) must provide that any measures imposed by them do not apply to products already on the way to the United Kingdom border for the purposes of export at the time when those regulations come into force.

3. Regulations under paragraph 1 must also provide that they are to cease to have effect at whichever is the earlier of —

(a) the end of the period of six weeks beginning with the date on which those regulations come into force; or

(b) the date on which regulations under Article 6 come into force in respect of the same shortage of essential products.]

Textual Amendments

F3 Art. 5 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(4)

[F4 Article 6 U.K.

1. The Secretary of State may, where the interests of the United Kingdom so require, make regulations providing for measures to—

(a) prevent a critical situation from arising owing to a shortage of essential products or to remedy such a situation; or

(b) allow international undertakings entered into by the United Kingdom to be fulfilled, in particular relating to trade in primary products.

2. Regulations under paragraph 1—

(a) may make provision which is limited in its effect to exports to certain countries or to exports from certain regions of Great Britain;

(b) must not contain any provision which applies to products which are already on their way to the United Kingdom border for the purposes of export at the time when those regulations come into force.

3. When making regulations under paragraph 1 which introduce quantitative restrictions on exports, the Secretary of State must take account of—

(a) the volume of goods exported under contracts concluded on normal terms and conditions before the entry into force of the protective measure; and

(b) the need to avoid jeopardising the achievement of the aim pursued in introducing quantitative restrictions.

4. In paragraph 1, “primary products” include unprocessed agricultural products and raw materials.]

Textual Amendments

F4 Art. 6 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(5)

Article 7 U.K.

1. While [F5 any measure imposed by regulations under Articles 5 and 6] is in operation, [F6 the Secretary of State must] F7 ...:

(a) examine the effects of the measure;

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

F8 ...

F9 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Art. 7(1) substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(aa)

F6 Words in Art. 7(1) substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(bb)

F7 Words in Art. 7(1) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(cc)

F8 Words in Art. 7(1) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(ii)

F9 Art. 7(2) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(b)

[F10 Article 7A U.K.

1. Regulations made under Article 5 or 6 must be contained in a statutory instrument.

2. Regulations made under Article 5 or 6 may make—

(a) different provision with respect to different cases or descriptions of case, including different provision for different areas;

(b) incidental, supplementary or consequential provision;

(c) transitional, transitory or saving provision.

3. A statutory instrument containing regulations under Article 5 is subject to annulment in pursuance of a resolution of either House of Parliament.

4. A statutory instrument containing regulations under Article 6—

(a) must be laid before Parliament after being made;

(b) if not approved by resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made, ceases to have effect at the end of that period (but without affecting anything done under the regulations or the power to make new regulations).

5. In calculating the period of 40 days for the purposes of paragraph 4(b), no account is to be taken of any time during which Parliament is dissolved or during which both Houses are adjourned for more than four days.]

Textual Amendments

F10 Art. 7A inserted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(7)

CHAPTER IV U.K. TRANSITIONAL AND FINAL PROVISIONS

F11 Article 8 U.K.

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Textual Amendments

F11 Art. 8 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(8)

F12 Article 9 U.K.

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Textual Amendments

F12 Art. 9 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(8)

Article 10 U.K.

[F13 This Regulation] shall not preclude the adoption or application F14 ... of quantitative restrictions on exports on grounds of public morality, public policy or public security, or of protection of health and life of humans, animals and plants, of national treasures possessing artistic, historic or archaeological value, or of industrial and commercial property.

Textual Amendments

F13 Words in Art. 10 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(9)(a)

F14 Words in Art. 10 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(9)(b)

Article 11 U.K.

This Regulation shall be without prejudice to the operation of the instruments establishing the common organisation of agricultural markets F15 .... It shall operate by way of complement to those instruments.

However, in the case of products covered by such instruments, Article 5 of this Regulation shall not apply to those in respect of which the [F16 United Kingdom] rules on [F17 international trade] make provision for the application of quantitative export restrictions.F18 ...

Textual Amendments

F15 Words in Art. 11 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(10)(a)

F16 Words in Art. 11 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(10)(b)(i)

F17 Words in Art. 11 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(10)(b)(ii)

F18 Words in Art. 11 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(10)(b)(iii)

Article 12 U.K.

Regulation (EC) No 1061/2009 is repealed.

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Words in Art. 12 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(11)

Article 13 U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

F20 ...

Done at Strasbourg, 11 March 2015.

For the European Parliament

The President

M. Schulz

For the Council

The President

Z. Kalniņa-Lukaševica

Textual Amendments

F20 Words in Signature omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(12)

F21 ANNEX I U.K.

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Textual Amendments

F21 Annex 1 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(13)

F22 ANNEX II U.K. Repealed Regulation with the amendment thereto

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Textual Amendments

F22 Annex 2 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(13)

F23 ANNEX III U.K. Correlation table

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Textual Amendments

F23 Annex 3 omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(13)

(1)

Opinion of 10 December 2014 (not yet published in the Official Journal).

(2)

Position of the European Parliament of 11 February 2015 (not yet published in the Official Journal) and decision of the Council of 2 March 2015.

(3)

Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports (OJ L 291, 7.11.2009, p. 1).

(4)

See Annex II.

(5)

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).