Regulation (EU) 2016/400 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part

What it is

to incorporate the anti-circumvention mechanism foreseen in the EU-Moldova Association Agreement into European Union law. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes: The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal. spell-out the obligation of the EU to hold consultations with the Moldovan authorities before the imposition of a definitive safeguard measure in accordance with Article 160 of the Association Agreement between the EU and Moldovia. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures; spell-out the reporting obligation of the Commission in more detail, so as to expressly mention the application of provisional and definitive safeguard measures and the application of the anti-circumvention mechanism. The European Parliament adopted by 577 votes to 11, with 52 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal regarding two issues: Imposition of definitive safeguard measures : the Commission shall invite the authorities of the Republic of Moldova to hold consultations in accordance with Article 160(2) of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt, by means of implementing acts, definitive safeguard measures. Report : the amended text obliges the Commission to include in its annual report on the application and implementation of this Regulation information about the application of provisional and definitive safeguard measures, as well as the application of the anti-circumvention mechanism. PURPOSE: to implement the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the EU and Moldavia. LEGISLATIVE ACT: Regulation…

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