Changes from plenary report to adopted text

RemovedANNEX I: DECLARATION OF INPUT

Added(9) Subject to an assessment by the Commission initiated either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures regarding imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or more Member States for like or directly competing products.

RemovedPursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that she included in her opinion input on matters pertaining to the subject of the file that she received, in the preparation of the opinion, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

Added(10) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to temporarily suspend the trade-liberalisation measures provided for in this Regulation in the event that the conditions for entitlement to those trade-liberalisation measures are no longer complied with, and to introduce safeguards in cases where the Union market or the market of one or more Member States for like or directly competing products are adversely affected by imports under this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. The advisory procedure should be used for the adoption of provisional safeguard measures, given the effects and nature of those measures and their sequential logic in relation to the adoption of definitive safeguard measures.

RemovedThe list above is drawn up under the exclusive responsibility of the rapporteur for opinion.

Added(11) In view of the urgent situation in Armenia, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the TFEU and to the Treaty establishing the European Atomic Energy Community.

RemovedWhere natural persons are identified in the list by their name, by their function or by both, the rapporteur for opinion declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

Added(12) In light of the urgent situation in Armenia, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union and should apply for a period of two years,

AddedHAVE ADOPTED THIS REGULATION:

AddedArticle 1 Trade-liberalisation measures

Added1. The following trade-liberalisation measures are introduced:

Added(a) the products originating in Armenia listed in Annex I shall be admitted for import into the Union exempted from ad valorem import duties;

Added(b) the products originating in Armenia listed in Annex II shall be admitted for import into the Union exempted from ad valorem import duties within the limits of Union tariff quotas as set out in that Annex.

Added2. The tariff quotas referred to in paragraph 1, point (b), of this Article shall be managed by the Commission in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

AddedArticle 2 Conditions for entitlement to the trade-liberalisation measures

AddedThe trade-liberalisation measures provided for in Article 1 shall be subject to the following conditions:

Added(a) compliance by Armenia with the rules of origin provided for in Articles 59 to 70 of Delegated Regulation (EU) 2015/2446 and Articles 113 to 126 of Implementing Regulation (EU) 2015/2447.

Added(b) Armenia engaging in close and effective administrative cooperation with the Union, including for the verification of evidence of origin, in order to prevent any risk of fraud;

Added(c) Armenia abstaining from introducing new duties or charges having equivalent effect or new quantitative restrictions or measures having equivalent effect for imports originating in the Union, from increasing existing levels of duties or charges, and from introducing any other restrictions on trade with the Union, including discriminatory internal administrative measures, unless duly justified and notified to the Commission; and

Added(d) Armenia respecting democratic principles, the rule of law, human rights and fundamental freedoms and countering the proliferation of weapons of mass destruction, as provided for in Articles 2 and 9 of the Partnership Agreement.

AddedFor the purposes of point (a) of the first paragraph of this Article and without prejudice to Article 119(1) of Implementing Regulation (EU) 2015/2447, an invoice declaration may also be made out by an Armenian exporter registered in the Union’s Registered Exporter (REX) system in accordance with the relevant provisions of Articles 70, 72, 86, 89 and 91 of that Regulation.

AddedArticle 3 Temporary suspension of trade-liberalisation measures

Added1. Where the Commission finds that there is sufficient evidence of a failure by Armenia to comply with any of the conditions set out in Article 2, first paragraph, it may, by means of an implementing act, temporarily suspend in whole or in part the trade-liberalisation measures provided for in Article 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).

Added2. Where a Member State requests that the Commission suspend any of the trade-liberalisation measures provided for in Article 1 on the basis of a failure by Armenia to comply with the conditions set out in Article 2, first paragraph, point (c), the Commission shall provide, within four months of the request, a reasoned opinion on whether the claim that Armenia has failed to comply is substantiated. If the Commission concludes that the claim is substantiated, it shall initiate the procedure referred to in paragraph 1 of this Article.

AddedArticle 4 Safeguard measures

Added1. Where a product covered by Article 1(1) originating in Armenia is imported under conditions that adversely affect the Union market or the market of one or more Member States for like or directly competing products, the Commission may impose, by means of an implementing act, any measure that is necessary. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).

AddedSuch measures may be imposed for as long as necessary to counteract the adverse effects on the Union market or on the market of one or more Member States for like or directly competing products.

Added2. The Commission shall carry out an assessment of the situation of the Union market or the market of one or more Member States for like or directly competing products with a view to imposing measures in accordance with paragraph 1. That assessment shall be initiated:

Added(a) following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 3 of imports adversely affecting the market referred to in paragraph 1; or

Added(b) on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market referred to in paragraph 1.

AddedThe assessment referred to in the first subparagraph shall be concluded within four months of its initiation.

Added3. In carrying out the assessment pursuant to paragraph 2, the Commission shall take into consideration all relevant market developments, including the impact of the imports concerned on the situation of the Union market or the market of one or more Member States for like or directly competing products. That assessment shall include the following factors:

Added(a) the rate and amount of the increase in imports from Armenia of the product concerned in absolute and relative terms;

Added(b) the effect of the imports concerned on production and prices in the Union market or the market of one or more Member States, while taking into consideration the development of imports from other sources.

AddedOther relevant factors may also be taken into consideration.

Added4. In critical circumstances where delay would cause damage to the relevant market that would be difficult to repair, the Commission may provisionally impose, by means of an implementing act, any measure that is necessary. Such measure may be imposed only after a duly substantiated request from a Member State pursuant to paragraph 2, first subparagraph, point (a), of this Article and shall be adopted within 21 days of receipt of that request. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 5(4). Those acts shall remain in force for a period not exceeding 120 days.

Added5. Where, as a result of the assessment referred to in paragraph 2, the Commission considers that the Union market or the market of one or more Member States for like or directly competing products has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it shall publish a notice in the Official Journal of the European Union announcing its intention to impose such a measure. That notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. That period shall not exceed 10 days from the date of publication of the notice.

AddedArticle 5 Committee procedure

Added1. The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council with regard to Article 3(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. The Commission shall be assisted by the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478 of the European Parliament and of the Council with regard to Article 4(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Added4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

AddedArticle 6 Reporting on the implementation of the trade-liberalisation measures

AddedThe Commission shall report on the implementation of the trade-liberalisation measures provided for in this Regulation in the Partnership Committee in trade configuration set up under the Partnership Agreement.

AddedArticle 7 Entry into force and application

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

AddedThis Regulation shall apply until … [two years from the date of entry into force of this Regulation].

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President

AddedANNEX I

AddedLIST OF PRODUCTS SUBJECT TO TRADE-LIBERALISATION MEASURES REFERRED TO IN ARTICLE 1(1), point (a)

AddedNotwithstanding the rules for the interpretation of the Combined Nomenclature (‘CN’), the description of the products is to be considered as indicative, the tariff preferences being determined by the CN codes. Where ‘ex’ CN codes are indicated, the tariff preferences are to be determined by the CN code and the description, together.

AddedEntry of products with a CN code marked with an asterisk (*) is subject to the conditions laid down in the relevant Union law.

AddedFor reasons of simplification, the products are listed in groups. These may include products for which Common Customs Tariff duties were withdrawn or suspended.

AddedANNEX II

AddedLIST OF PRODUCTS SUBJECT TO TRADE-LIBERALISATION MEASURES REFERRED TO IN ARTICLE 1(1), point (b)

AddedNotwithstanding the rules for the interpretation of the Combined Nomenclature (‘CN’), the description of the products in the third column of the table is to be considered as indicative. The preferential scheme is determined, within the context of this Annex, by the scope of the CN codes set out in the second column of the table as applicable at the time of adoption of this Regulation.