Regulation (EU) No 539/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 539/2014 of the European Parliament and of the Council

of 16 April 2014

on imports of rice originating in Bangladesh and repealing Council Regulation (EEC) No 3491/90

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 thereof,

Having regard to the proposal from the European Commission,

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

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1) In the context of the Uruguay Round, the Union undertook to offer preferential import arrangements for rice originating in the least–developed countries. One of the countries to which that offer was addressed, Bangladesh, indicated its interest in the development of trade in rice. To that end, Council Regulation (EEC) No 3491/90(2) was adopted.

(2) Regulation (EEC) No 3491/90 confers powers on the Commission in order to implement some of its provisions. As a consequence of the entry into force of the Treaty of Lisbon, those powers should be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). For the sake of clarity, it is appropriate to repeal Regulation (EEC) No 3491/90 and to replace it with this Regulation.

(3) The preferential import arrangement involves a reduction in the import duty within the limit of a certain quantity of husked rice. The equivalent quantities at stages of milling other than the husked-rice stage should be calculated in accordance with Commission Regulation (EC) No 1312/2008(3).

(4) In order to fix the import duties applicable to rice originating in Bangladesh imported under this Regulation, account should be taken of the relevant provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council(4).

(5) To ensure that the advantages of the preferential import arrangement are limited to rice originating in Bangladesh, a certificate of origin should be issued.

(6) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the establishment of rules making participation in the arrangement conditional upon the lodging of a security, in accordance with Article 66 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council(5). 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.

(7) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(6). However, where the suspension of the preferential import arrangement becomes necessary, the Commission should be allowed to adopt implementing acts without applying that Regulation.

(8) This Regulation is part of the Union's common commercial policy, which must be consistent with the objectives of the Union policy in the field of development cooperation as set out in Article 208 TFEU, in particular the eradication of poverty and the promotion of sustainable development and good governance in developing countries. Therefore, this Regulation should also comply with World Trade Organization (WTO) requirements, in particular with the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (the ‘Enabling Clause’), adopted under the General Agreement on Tariffs and Trade in 1979, under which WTO Members may accord differential and more favourable treatment to developing countries.

(9) This Regulation is also based on the recognition of the right of small farmers and rural workers to a decent income and to a safe and healthy working environment as a fundamental objective of trade preferences that are granted to developing countries and the least-developed countries in particular. The Union aims to define and pursue common policies and actions in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty. In this context, the ratification and effective implementation of core international conventions on human rights and labour rights, environmental protection and good governance, notably those laid down in Annex VIII to Regulation (EU) No 978/2012 of the European Parliament and of the Council(7), are essential to support progress towards sustainable development, as reflected by the special incentive arrangement providing for additional tariff preferences under that Regulation,

HAVE ADOPTED THIS REGULATION:

(1)

Position of the European Parliament of 2 April 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014.

(2)

Council Regulation (EEC) No 3491/90 of 26 November 1990 on imports of rice originating in Bangladesh (OJ L 337, 4.12.1990, p. 1).

(3)

Commission Regulation (EC) No 1312/2008 of 19 December 2008 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (OJ L 344, 20.12.2008, p. 56).

(4)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

(5)

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

(6)

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).

(7)

Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).