Changes from report parliamentary committee draft to plenary report

Change 14

ChangedArticle 4 a (new): Article 4a / Safeguard mechanism / 1. The Commission shall regularly monitor the impact of this Regulation on Union markets. The Commission is empowered to adopt, in accordance with Article 4c, delegated acts amending Annex I, Annex II or Annex III to this Regulation in order to suspend temporarily in whole or in part the application of Article 1 or Article 2, after an examination based on substantiated information gathered on its own initiative or received from any reliable source, including a Member State, the European Parliament or Union producers where the suspensionapplication of the customs duties referred to in Article 1,1 or the opening of tariff quotas referred to in Article 2,2 results in the import of a good originating in the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to Union industry. / 2. Without prejudice to paragraph 1, when the volume ofCommission importsshall, ofas a goodrule, coveredtreat, byin Annexthe I,absence Annexof IIcontrary orindications, Annexan IIIincrease hasin increasedvolume byof more than 10 % in comparison to thatyear-on-year of the calendar yearimports precedingof thea dategood ofcovered entryby intoAnnex forceI, ofAnnex thisII Regulation,or theAnnex CommissionIII, shall,as withinprima onefacie monthevidence of such increases,serious adoptinjury aor delegatedthe act,threat inof accordanceserious withinjury Articleto 4c,Union amendingindustry. thisWhere Regulationsuch inan orderincrease to:in /import (a)volumes asis regardsrecorded, the goods covered by Annexes I andCommission II:shall suspendwithout thedelay tariffinitiate preferencesan referredexamination to in Article 1 for importsdetermine ofwhether the goods concerned and amendincrease Annexin Ithe orvolume Annexof IIimports accordingly;causes or /threatens (b)to ascause regardsserious theinjury goodsto coveredUnion byindustry. AnnexThe III:examination suspendshall thebe applicationconcluded ofwithin thethree tariffmonths quotaafter openedits forinitiation. theWhere go…th…

Change 15

ChangedArticle 4 b (new): Article 4b / AmendmentSpecific ofprovisions Annexwith Irespect to steel, aluminium, and their derivative products / 1. TheFor Commissionthe iscategories empowered,of goods referred to in accordanceparagraph with2 Articleof 4c,this toArticle, adoptthe delegatedsuspension actsof tocustoms amendduties Annexreferred I,to in orderArticle 1(1) shall cease to addapply insix thatmonths Annexfrom onethe orstart moredate of theapplication of Articles 1, 2, 3, 4a and 4b referred to in Article 6, third paragraph. / 2. The categories of goods concerned shall be the following: / (a) goods falling under Combined Nomenclature code 72; / (b) goods falling under Combined Nomenclature code 73; / (c) goods falling under Combined Nomenclature code 76. / 3. If, before the end date of application, referred to in paragraph 21 of this Article, in the eventUnited thatStates sustainablehave andreduced mutuallyto acceptablemaximum arrangements15 on%, including the tradeUS ofMost steel,Favored aluminiumNation and(MFN) tariff, their derivativerespective tariffs on products areoriginating agreedfrom the Union with thea Unitedcontent States.of Thesteel and aluminium above 50 %, the Commission shallis notempowered adoptto suchadopt, in accordance with Article 4c, a delegated acts,act asin longorder asto anydefer the end date of theapplication, groundsreferred forto suspensionin paragraph 1 of this Regulation referredArticle, to ina Articledate 3(1)not orlater (1a)that persist.the /end 2.date Theof categoriesapplication of goodsthis concernedRegulation shallreferred beto thein following:Article 6, second subparagraph. / (a)The goodsCommission fallingshall undernot Combinedadopt Nomenclaturesuch codea 72;delegated /act, (b)as goodslong fallingas underany Combinedof Nomenclaturethe codecircumstances 73;for /suspension (c)of goodsthe fallingapplication underreferred Combinedto Nomenclaturein codeArticle 76.3(1) or (1a) persist.

Change 16

RemovedArticle 4 c (new): Article 4c / Exercise of the delegation / 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(1), (1a) and (2), Article 4a and Article 4b shall be conferred on the Commission from ... [the date of entry into force of this Regulation] until ... [the date of the end of application of this Regulation referred to in Article 6, second paragraph]. / 3. The delegation of power referred to in Article 3(1), (1a) and (2), Article 4a and Article 4b 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 the 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to Article 3(1), (1a) and (2), Article 4a and Article 4b shall enter into force only if no objection has been expressed by eith…

AddedArticle 4 ba (new): Article 4ba / Determination of the start date of application / 1. The Commission shall adopt, in accordance with Article 4c, a delegated act amending Article 6, third paragraph, in order to determine the date from which Articles 1, 2, 3, 4a and 4b shall be applicable. It shall adopt such a delegated act when, and only if, all of the following conditions have been fulfilled: / (a) the United States applies a tariff rate not higher than either the US Most Favored Nation (MFN) tariff rate or a tariff rate of a maximum of 15 %, including the US MFN tariff, on goods originating from the Union; / (b) the United States applies only the US MFN tariff to the following products of the Union: unavailable natural resources, including cork, all aircraft and aircraft parts, generic pharmaceuticals and their ingredients, and chemical precursors; / (c) the United States applies a tariff rate of a maximum of 15 %, including the US MFN tariff, on the following goods originating from the Union: pharmaceuticals, semiconductors, lumber, automobiles and automobile parts; / (d) the United States applies a tariff rate of a maximum of 15 % on products with a content of steel and aluminium below 50 %; / Furthermore, when adopting the delegated act referred to in the first subparagraph, the Commission shall assess whether the United States has provided formal, clear and precise assurances that the conditions referred to in points (a) to (d) of that subparagraph have been fulfilled and that those condit…

AddedArticle 4 c (new): Article 4c / Exercise of the delegation / 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(1), (1a) and (2), Article 4a, Article 4b and Article 4ba shall be conferred on the Commission from ... [the date of entry into force of this Regulation] until ... [the date of the end of application of this Regulation referred to in Article 6, second paragraph]. / 3. The delegation of power referred to in Article 3(1), (1a) and (2), Article 4a, Article 4b and Article 4ba 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 the 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to Article 3(1), (1a) and (2), Article 4a, Article 4b and Article 4ba shall enter into force only if …

Article 4 d (new): Article 4d / Urgency procedure / 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 4c(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Change 17

ChangedArticle 5 a (new): Article 5a / Evaluation and reporting / 1. The Commission shall byBy …... [six months from the date of entry into force of this Regulation]Regulation], publishthe anCommission interimshall evaluationcarry reportout an impact assessment on the economic and security impacts of this Regulation. The impact assessment shall examine: / (a) the impact of the application of this Regulation on Unionall industry,imports includingand onexports between the Union producersand ofthe seafoodUnited States; and agricultural/ goods,(b) astrade-flow wellchanges asand ondistributional consumers.effects across Member States and sectors. / 2. By six... [six months before the date of the end of application of this RegulationRegulation], referredthe toCommission inshall Articlepresent 6,an secondadditional paragraph,comprehensive theimpact Commissionassessment. That impact assessment shall presentexamine, ainter comprehensivealia: report/ assessing(a) the impact of the application of this Regulation on all imports and exports between the Union and the United States, and the impactStates; on/ Union’s(b) economytrade-flow inchanges general.and /distributional Theeffects reportacross shallMember alsoStates assessand thesectors; development/ of(c) theany tradeidentified andnon-tariff investmentimpacts relationshiprelevant betweento the Union andinternal themarket Unitedand Statesto sinceconsumers; …/ [the(d) dateeffects ofon entrycompetitiveness, intoUnion forceproducers, ofincluding thison Regulation],Union includingproducers theof effectsagri-food ofproducts, theand tariffsSMEs; applied/ on(e) the transatlanticpolitical trade,developments whetherof the Regulation has created injuriestrade and imbalances in specific sectors including with respectinvestment torelationship prices,between howthe Union tradeand patternsthe haveUnited changedStates assince athe consequenceentry ofinto Union-Unitedforce Statesof tradethis asRegulation; well/ as(f) the impact and forecastslevel of thisprogress Regulationin onnegotiations between the Union and national budgets, given the reduction in tariff revenues collected.United /States Wheretowards appropriateachieving the report referredcommitments tooutlined in the first subparagraph shall be accompanied by a legislative proposal forJoint extensionStatement, ofincluding the applicationimplementation of this Regulation. In that case, the reportthose shallcommitments; assess/ all(g) ofwhether the reasons for suchRegulation anhas exte…cre…

Article 6 – title: Entry into force and application

Change 18

ChangedArticle 6 – paragraph 1 a2 (new): This RegulationIt shall apply from … [the date of entry into force of this Regulation] until … [18 months from the date of the entry into force of31 thisMarch Regulation].2028.

Change 19

AddedArticle 6 – paragraph 3 (new): However, Articles 1, 2, 3, 4a and 4b shall apply only from the date determined by a delegated act adopted in accordance with Article 4ba.