Bilateral safeguard clause of the EU-Mercosur Partnership Agreement and the EU-Mercosur Interim Trade Agreement for agricultural products

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 12
   Current text

   (12) The close monitoring of any sensitive products should facilitate timely decisions concerning the possible initiation of investigations and the subsequent imposition of safeguard measures. Therefore, the Commission should regularly monitor imports of any sensitive products from the date of entry into force of the ITA or the EMPA. Monitoring should be extended to other products or sectors if the relevant Union industry makes a duly justified request to the Commission.

   Amendment

   (12) The close monitoring of any sensitive products should facilitate timely decisions concerning the possible initiation of investigations and the subsequent imposition of safeguard measures. Therefore, the Commission should constantly and proactively monitor imports of any sensitive products from the date of entry into force of the ITA or the EMPA. Monitoring should be extended to other products or sectors if the relevant Union industry makes a duly justified request to the Commission. The Commission should present a monitoring report every three months, containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the Agreement,…

   Excerpt — full text in the official PDF.
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2. Amendment 2Proposal for a regulation · Article 3 – paragraph 2 – point c a (new)
   Amendment

   (ca) the introduction of a reciprocity obligation regarding products and production standards.

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3. Amendment 3Proposal for a regulation · Article 4 – paragraph 1
   Current text

   1. The Commission shall regularly monitor the Union market of sensitive products, in particular as regards import and export trends, production and price developments. For that purpose, the Commission shall cooperate and exchange data with Member States and the Union industry on a regular basis.

   Amendment

   1. The Commission shall constantly and proactively monitor the Union market of sensitive products, in particular as regards import and export trends, production and price developments, with the support of the Union market observatories established by Regulation (EU) No 1308/2013 of the European Parliament and of the Council1a. For that purpose, the Commission shall cooperate and exchange data with Member States, the European Parliament and the Union industry on a regular basis. 1a 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 9…

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4. Amendment 4Proposal for a regulation · Article 4 – paragraph 2 a (new)
   Amendment

   2a. Upon a duly justified request by the Union industry concerned, the Commission may extend the scope of the monitoring referred to in paragraph 1 to any products or sectors other than those referred to in the Annex.

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5. Amendment 5Proposal for a regulation · Article 4 – paragraph 2 b (new)
   Amendment

   2b. Cooperation and exchange of data shall be carried out both vertically, between the Commission and the Member States, and horizontally, between the Member States.

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6. Amendment 6Proposal for a regulation · Article 4 – paragraph 2 c (new)
   Amendment

   2c. By 1 March 2026, the Commission shall develop and make available to Member States technical guidelines on the indicators, parameters and types of data that can be monitored in markets at national and local level.

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7. Amendment 7Proposal for a regulation · Article 4 – paragraph 3
   Current text

   3. The Commission shall present a monitoring report to the European Parliament and to the Council every six months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the agreement. Such reports shall cover the Union market and, if relevant, also cover the situation in one or several Member States.

   Amendment

   3. The Commission shall present a monitoring report to the European Parliament and to the Council every three months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the Agreement. That report shall cover the Union market and, if relevant, also cover the specific situation in one or several Member States.

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8. Amendment 8Proposal for a regulation · Article 6 – paragraph 3
   Current text

   3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

   Amendment

   3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 5 % compared to the three-year average as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury, or the threat of serious injury to the Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 5 %, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

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9. Amendment 9Proposal for a regulation · Article 6 – paragraph 4
   Current text

   4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry, if at the same time the average import price for that product from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

   Amendment

   4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 5 % compared to the three-year average, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to the Union industry, if at the same time the average import price for that product from a country concerned is at least 5 %, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

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10. Amendment 10Proposal for a regulation · Article 6 – paragraph 4 a (new)
    Amendment

    4a. The Commission shall not be limited to the quantitative thresholds set out in this Article when establishing prima facie evidence of serious injury. Clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including sustained decreases in domestic prices, may be sufficient to demonstrate injury to the sector and may warrant the initiation of an investigation.

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11. Amendment 11Proposal for a regulation · Article 7 – paragraph 3
    Current text

    3. Where possible, the investigation shall be concluded within six months from the date on which the notice of initiation is published in the Official Journal of the European Union. That time limit may be extended by a further period of three months in exceptional circumstances, such as the involvement of an unusually high number of interested parties or complex market situations. The Commission shall notify all interested parties of any such extensions and explain the reasons therefor. Where an investigation concerns sensitive products, the Commission shall conclude it as soon as possible, with the aim of taking a final decision within four months from the date on which the notice of initia…

    Amendment

    3. Where possible, the investigation shall be concluded within three months from the date on which the notice of initiation is published in the Official Journal of the European Union. That time limit may be extended by a further period of three months in exceptional circumstances such as the involvement of an unusually high number of interested parties or complex market situations. The Commission shall notify all interested parties of any such extensions and explain the reasons therefor. Where an investigation concerns sensitive products, the Commission shall conclude it as soon as possible, with the aim of taking a final decision within two months from the date on which the notice of initia…

    Excerpt — full text in the official PDF.
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12. Amendment 12Proposal for a regulation · Article 7 – paragraph 5
    Current text

    5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, retu…

    Amendment

    5. The Commission shall evaluate all relevant economic indicators and factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, including prices, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of se…

    Excerpt — full text in the official PDF.
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13. Amendment 13Proposal for a regulation · Article 9 – paragraph 3
    Current text

    3. In case of sensitive products, provisional safeguard measures shall be adopted in accordance with the procedure referred to in Article 18(4) without delay and in any event within a maximum of 21 days from the initiation of the investigation to avert damage to Union industry which would be difficult to repair, including where such damage may be geographically concentrated in one or several Member States.

    Amendment

    3. In case of sensitive products, provisional safeguard measures shall be adopted in accordance with the procedure referred to in Article 18(4) without delay and in any event within a maximum of 14 days from the initiation of the investigation to avert damage to the Union industry which would be difficult to repair, including where such damage may be geographically concentrated in one or several Member States.

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14. Amendment 14Proposal for a regulation · Article 15 a (new)
    Amendment

    Article15a Anti-circumvention measures 1. If the Commission identifies circumvention of safeguard measures through changes in trade routes, including imports from Parties exempted from the safeguard measures, it may extend the scope of the safeguard measures to those imports or adopt other necessary implementing measures. 2. The Commission shall strengthen customs cooperation with Member States in verifying rules of origin and ensuring full traceability of imports of sensitive products.

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15. Amendment 15Proposal for a regulation · Annex – paragraph 1 – point 14
    Current text

    14. Eggs

    Amendment

    14. Eggs class A and B

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16. Amendment 16Proposal for a regulation · Annex – paragraph 1 – point 15
    Current text

    15. Egg albumins

    Amendment

    15. Eggs products- whole egg powder, yolk egg powder, egg albumins (standard, high whip, high gel)

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17. Amendment 17Proposal for a regulation · Annex – paragraph 1 – point 23 a (new)
    Amendment

    23a. Citrus: oranges, lemons and mandarins

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18. Amendment 18The LeftProposal for a regulation · Recital 2
    Current text

    (2) The EMPA and the ITA aim to protect Union producers of sensitive commodities in the agriculture sector by limiting preferences to tariff rate quotas.

    Amendment

    (2) The EMPA and the ITA will undermine Union producers who manufacture sensitive commodities in the agricultural sector . The safeguards are reactive in nature, being designed to trigger only after a collapse in prices has already taken place, thereby failing to provide genuine protection to EU farmers and rural communities;

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19. Amendment 19The LeftProposal for a regulation · Article 2 – paragraph 1 – point 3 – point ii a (new)
    Amendment

    (ii a) clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard;

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20. Amendment 20The LeftProposal for a regulation · Article 2 – paragraph 1 – point 3 – point iii a (new)
    Amendment

    (iii a) trade unions representing workers producing the same or a directly competitive product in the importing party;

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21. Amendment 21The LeftProposal for a regulation · Article 2 – paragraph 1 – point 5
    Current text

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry;

    Amendment

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry; an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product, or a decrease of more than 5 % year-on-year in the average import price of a given product, shall be considered as prima facie evidence of serious injury;

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22. Amendment 22The LeftProposal for a regulation · Article 2 – paragraph 1 – point 10
    Current text

    10. ‘transition period’ means: (i) 12 years from the date of entry into force of the Agreement; or (ii) for goods for which the Tariff Elimination Schedule of the Union provides for tariff elimination in 10 years or more, 18 years from the date of entry into force of the Agreement;

    Amendment

    deleted

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23. Amendment 23The LeftProposal for a regulation · Article 3 – paragraph 1 – introductory part
    Current text

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned is imported into the Union:

    Amendment

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned, which complies with EU environmental, animal welfare, food-safety and labour requirements, is imported into the Union:

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24. Amendment 24The LeftProposal for a regulation · Article 3 – paragraph 1 – point c
    Current text

    (c) the increase of imports is the result of the effect of obligations incurred under the Agreement, including of the reduction or the elimination of the customs duties on that product.

    Amendment

    deleted

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25. Amendment 25The LeftProposal for a regulation · Article 3 – paragraph 1 a (new)
    Amendment

    1 a. For point (b), “under such conditions” shall be understood as conditions under which the production in the exporting country takes place are at least equivalent to those in the EU in terms of the protection of human, animal, plant life or health, and the protection of exhaustible natural resources. For greater certainty, the use of chemical substances banned in the EU may be a reason to impose a safeguard measure.

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26. Amendment 26The LeftProposal for a regulation · Article 3 – paragraph 2 – point c a (new)
    Amendment

    (c a) a suspension of imports of the product concerned.

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27. Amendment 27The LeftProposal for a regulation · Article 3 a (new)
    Amendment

    Article3a A safeguard measure may be imposed: (a) if the EMPA or ITA is used to challenge the EU precautionary principle; or (b) in case of persistent substantial differences in the standards pertaining to the protection of human, animal, plant life or health, and the protection of exhaustible natural resources; or (c) if there are factual and reasonable indications that the product is related to illegal deforestation.

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28. Amendment 28The LeftProposal for a regulation · Article 5 – paragraph 1
    Current text

    1. An investigation shall be initiated by the Commission at the request of a Member State, of any natural or legal person that is acting on behalf of the Union industry, or of any association not having legal personality that is acting on behalf of the Union industry, where there is sufficient prima facie evidence of serious injury or the threat of serious injury to the Union industry, as determined on the basis of factors referred to in Article 7(5).

    Amendment

    1. An investigation shall be initiated by the Commission at the request of a Member State, of any natural or legal person acting on behalf of the Union industry, of any association not having legal personality acting on behalf of the Union industry, or of a trade union representing workers of the Union industry, where there is sufficient prima facie evidence of serious injury or the threat of serious injury to the Union industry, as determined on the basis of factors referred to in Article 7(5).

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29. Amendment 29The LeftProposal for a regulation · Article 5 – paragraph 1
    Current text

    1. An investigation shall be initiated by the Commission at the request of a Member State, of any natural or legal person that is acting on behalf of the Union industry, or of any association not having legal personality that is acting on behalf of the Union industry, where there is sufficient prima facie evidence of serious injury or the threat of serious injury to the Union industry, as determined on the basis of factors referred to in Article 7(5).

    Amendment

    1. An investigation shall be initiated by the Commission at the request of a Member State, the European Parliament, of any natural or legal person that is acting on behalf of the Union industry, or of any association not having legal personality that is acting on behalf of the Union industry, where there is sufficient prima facie evidence of serious injury or the threat of serious injury to the Union industry, as determined on the basis of factors referred to in Article 7(5).

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30. Amendment 30The LeftProposal for a regulation · Article 6 – paragraph 2
    Current text

    2. The Commission shall examine, as a matter of priority, whether such prima facie evidence exists in cases where there is a surge of imports or a decrease in domestic prices concentrated in one or several Member States, or where there is a surge of imports or a decrease in the price of a product and the Union producers of like or directly competitive products are predominantly established in one or several Member States.

    Amendment

    2. The Commission shall examine, as a matter of priority, whether such prima facie evidence exists in cases where there is a surge of imports or a decrease in domestic prices or a fall in market share, in relation to the Union industry concentrated in one or several Member States, or where there is a surge of imports or a decrease in the price of a product or a fall in market share, in relation to the Union industry, and the Union producers of like or directly competitive products are predominantly established in one or several Member States.

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31. Amendment 31The LeftProposal for a regulation · Article 6 – paragraph 3
    Current text

    3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

    Amendment

    3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry,

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32. Amendment 32The LeftProposal for a regulation · Article 6 – paragraph 4
    Current text

    4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry, if at the same time the average import price for that product from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

    Amendment

    4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry,

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33. Amendment 33The LeftProposal for a regulation · Article 7 – paragraph 5
    Current text

    5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, retu…

    Amendment

    5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission shall also take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, price…

    Excerpt — full text in the official PDF.
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34. Amendment 34The LeftProposal for a regulation · Article 9 – paragraph 1 – point b a (new)
    Amendment

    (b a) clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5% year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard.

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35. Amendment 35The LeftProposal for a regulation · Article 9 – paragraph 1 – point c
    Current text

    (c) the increase of imports is the result of the reduction or the elimination of the customs duties on that product.

    Amendment

    deleted

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36. Amendment 36The LeftProposal for a regulation · Article 11 – paragraph 1
    Current text

    1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission may adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

    Amendment

    1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission shall adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

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37. Amendment 37The LeftProposal for a regulation · Article 11 – paragraph 3
    Current text

    3. The Commission shall not apply, extend or maintain in force a bilateral safeguard measure beyond the expiration of the transition period.

    Amendment

    deleted

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38. Amendment 38The LeftProposal for a regulation · Article 12 a (new)
    Amendment

    Article12a Reciprocity of Standards Clause and Health and SPS Clause 1. The Commission shall initiate an investigation and adopt safeguard measures under this Regulation where there is credible evidence that imports benefiting from tariff preferences do not meet equivalent environmental, climate, animal welfare, health, food and feed safety, or labour protection requirements applicable to Union producers. 2. In the event of a documented risk to human, animal, or plant health, including the use of production methods prohibited in the Union or failure to comply with sanitary and phytosanitary requirements, the Commission shall immediately suspend imports of the product benefiting from tariff p…

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39. Amendment 39PfEProposal for a regulation · Recital 4
    Current text

    (4) The Union is determined to make swift and effective use of the bilateral safeguard clauses to counteract possible negative impacts of the tariff reductions pursuant to the EMPA and the ITA, including for products whose market access is constrained by the limits contained in tariff rate quotas.

    Amendment

    (4) The Union is determined to make swift and effective use of the bilateral safeguard clauses to counteract possible negative impacts of the tariff reductions pursuant to the EMPA and the ITA, including for products whose market access is constrained by the limits contained in tariff rate quotas. Nevertheless, while the bilateral safeguard may address quantitative imbalances arising from the Agreement, there is no safeguard ensuring that imports from Mercosur countries comply with the Union production rules, notably on food safety, animal welfare, social and environmental standards. Notes that the absence of genuine mirror clauses may negatively affect the competitiveness of Union farmers a…

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40. Amendment 40PfEProposal for a regulation · Recital 10 a (new)
    Amendment

    (10 a) Given that SPS checks at the Union’s external borders are based mainly on random sampling and therefore cover a limited share of incoming agricultural and food products, it is essential that the Commission significantly increases the intensity and frequency of these controls. It is therefore necessary to ensure that adequate testing capacity is available and properly funded to guarantee rigorous and credible checks on all agricultural imports entering the Union.

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41. Amendment 41PfEProposal for a regulation · Article 4 – paragraph 3 a (new)
    Amendment

    3 a. In the context of a safeguard investigation, the Commission shall take into account effects observed at Member State or regional market level, particularly in Member States with small domestic markets or concentrated production structures. Evidence of serious injury, threat of serious injury or risk thereof at Member State level shall be considered relevant for the assessment.

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42. Amendment 42PfEProposal for a regulation · Article 4 – paragraph 3 b (new)
    Amendment

    3 b. Where an increase in imports causes or threatens to cause serious injury or the risk thereof to a sector in one or more Member States, the Commission may initiate the application of a safeguard measure on the products concerned, even if the 5 % increase threshold is not met at Union level, provided that clear evidence demonstrates significant adverse effects at Member State or regional market level.

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43. Amendment 43PfEProposal for a regulation · Article 9 – paragraph 5
    Current text

    5. Provisional safeguard measures shall not apply for more than 200 calendar days.

    Amendment

    5. Provisional safeguard measures shall not apply for more than 400 calendar days.

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44. Amendment 44PfEProposal for a regulation · Article 9 – paragraph 8
    Current text

    8. In case the Commission determines that a provisional safeguard measure shall apply to MERCOSUR as a sole entity, Paraguay shall be exempted from the application of the measure, unless the result of an investigation demonstrates that the existence of serious injury or the threat of serious injury is also being caused by imports of products from Paraguay under preferential terms.

    Amendment

    deleted

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45. Amendment 45PfEProposal for a regulation · Article 9 a (new)
    Amendment

    Article9a Automatic safeguard measure 1. The Commission shall suspend, without undue delay, the tariff preferences provided for by the Agreement if one of the following conditions applies: (a) imports of a product from a Mercosur country exceed 5 % of the reference value for that product, calculated on the basis of the average imports from that country in the three years preceding the application of the Agreement; or (b) imports under the quota for a given product from a Mercosur country exceed 50 % of the annual quota established by the Agrement. 2. This automatic safeguard shall be adopted no later than 21 days after the verification of one of the conditions set out in paragraph 1.

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46. Amendment 46PfEProposal for a regulation · Article 11 – paragraph 3
    Current text

    3. The Commission shall not apply, extend or maintain in force a bilateral safeguard measure beyond the expiration of the transition period.

    Amendment

    deleted

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47. Amendment 47PfEProposal for a regulation · Article 11 – paragraph 4
    Current text

    4. In case the Commission determines that a measure shall apply to MERCOSUR as a sole entity, Paraguay shall be exempted from the application of the measure, unless the result of an investigation demonstrates that the existence of serious injury or the threat of serious injury is also being caused by imports of products from Paraguay under preferential terms.

    Amendment

    deleted

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48. Amendment 48PfEProposal for a regulation · Article 12 – paragraph 1
    Current text

    1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury to Union industry and to facilitate adjustment. That period shall not exceed two years, unless it is extended under paragraph 2.

    Amendment

    1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury to Union industry and to facilitate adjustment. That period shall not exceed four years, unless it is extended under paragraph 2.

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49. Amendment 49PfEProposal for a regulation · Article 12 – paragraph 2
    Current text

    2. The initial duration of a safeguard measure, as referred to in paragraph 1, may be extended by up to two years, provided that the safeguard measure continues to be necessary to prevent or remedy serious injury to Union industry and that there is evidence that the Union industry is adjusting. In case of sensitive products, a safeguard measure shall be extended by up to two years, provided that it continues to be necessary to prevent or remedy serious injury to Union industry.

    Amendment

    2. The initial duration of a safeguard measure, as referred to in paragraph 1, may be extended by up to four years, provided that the safeguard measure continues to be necessary to prevent or remedy serious injury to Union industry and that there is evidence that the Union industry is adjusting. In case of sensitive products, a safeguard measure shall be extended by up to two years, provided that it continues to be necessary to prevent or remedy serious injury to Union industry.

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50. Amendment 50PfEProposal for a regulation · Article 12 – paragraph 7
    Current text

    7. The total duration of a safeguard measure shall not exceed four years, including the period of application of any provisional safeguard measure, the initial period of application and any extension thereof.

    Amendment

    deleted

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51. Amendment 51PfEProposal for a regulation · Article 14 – paragraph 3 a (new)
    Amendment

    3 a. If the report demonstrates that the provisional and definitive safeguard measures have been triggered more than once for the same product, thereby confirming repeated threats posed by Mercosur imports to Union farmers, the Commission should engage with the Mercosur countries with a view to permanently excluding the product concerned from the trade liberalisation commitments offered under the ITA and EMPA.

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52. Amendment 52Verts/ALEProposal for a regulation · Recital 2
    Current text

    (2) The EMPA and the ITA aim to protect Union producers of sensitive commodities in the agriculture sector by limiting preferences to tariff rate quotas.

    Amendment

    (2) The EMPA and the ITA fail to adequately protect Union producers of sensitive commodities in the agriculture sector despite the use of tariff rate quotas and they should therefore be renegotiated.

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53. Amendment 53Verts/ALEProposal for a regulation · Article 2 – paragraph 1 – point 11 a (new)
    Amendment

    11 a. ‘chemical substances banned in the EU’ means: (i) the active substances used in plant protection products and banned in the EU as per Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market ; or (ii) the antimicrobial medicinal products in animals for the purpose of promoting growth or increase yield and designated antimicrobials as per Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC; or (iii) the antimicrobial products used as additives as per Regulation (EC) No 1831/2003 of…

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54. Amendment 54Verts/ALEProposal for a regulation · Article 2 – paragraph 1 – point 11 b (new)
    Amendment

    11 b. ‘adjustment’ means the process by which the Union producers covered by a safeguard measure have stabilised the Union corresponding market, their revenue while allowing a fair wage of the workers, preserving jobs and improving the sustainability of their production.

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55. Amendment 55Verts/ALEProposal for a regulation · Article 3 – paragraph 1 – point c a (new)
    Amendment

    (c a) For point (b), “under such conditions” shall be understood as conditions under which the production in the exporting country are at least equivalent to those in the Union in terms of the protection of human, animal, plant life or health, and the protection of exhaustible natural resources. For greater certainty, the use of chemical substances banned in the Union may be a reason to impose a safeguard measure.

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56. Amendment 56Verts/ALEProposal for a regulation · Article 3 – paragraph 2 a (new)
    Amendment

    2 a. A safeguard measure may be imposed: (a) if the EMPA or ITA is used to challenge the EU precautionary principle; or (b) in the case of persistent substantial differences in the standards pertaining to the protection of human, animal, plant life or health, and the protection of exhaustible natural resources.

    official amendment document ↗
57. Amendment 57Verts/ALEProposal for a regulation · Article 4 – paragraph 1
    Current text

    1. The Commission shall regularly monitor the Union market of sensitive products, in particular as regards import and export trends, production and price developments. For that purpose, the Commission shall cooperate and exchange data with Member States and the Union industry on a regular basis.

    Amendment

    1. The Commission shall constantly and proactively monitor the Union market of sensitive products, in particular as regards import and export trends, production and price developments as well as compliance with applicable Union sanitary and phytosanitary requirements, with the support of the Union market observatories established by Regulation (EU) No 1308/2013. For that purpose, the Commission shall cooperate and exchange data with Member States, the European Parliament and the Union industry on a regular basis. In its monitoring the Commission shall look at the cumulative effect of its preferential trade agreements in force.

    official amendment document ↗
58. Amendment 58Verts/ALEProposal for a regulation · Article 4 – paragraph 2 a (new)
    Amendment

    2 a. As set out in the SPS Chapter of the Agreement, the Commission will carry out verifications, including audits, of the official control system of Mercosur States. The Commission will adapt the nature and frequency of verifications, including audits, to the inherent characteristics of the product concerned, the track record of past import checks and other available information. The inspections referred to in paragraph 1 shall include checks on: (a) the use of substances, treatments or production methods that are prohibited or strictly limited in the Union, including pesticides, antibiotics and growth hormones; (b) the compliance with relevant due diligence legislation; (c) the functioning…

    Excerpt — full text in the official PDF.
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59. Amendment 59Verts/ALEProposal for a regulation · Article 4 – paragraph 3
    Current text

    3. The Commission shall present a monitoring report to the European Parliament and to the Council every six months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the agreement. Such reports shall cover the Union market and, if relevant, also cover the situation in one or several Member States.

    Amendment

    3. The Commission shall present a monitoring report to the European Parliament and to the Council every three months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the agreement. The Commission shall provide data on the strengthening of product-specific monitoring and on detailed findings arising from enhanced border checks in the monitoring report. Such reports shall cover the Union market and, if relevant, also cover the situation in one or several Member States.

    official amendment document ↗
60. Amendment 60Verts/ALEProposal for a regulation · Article 6 – paragraph 3
    Current text

    3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

    Amendment

    3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 5 % compared to the three-year average, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry.

    official amendment document ↗
61. Amendment 61Verts/ALEProposal for a regulation · Article 6 – paragraph 4
    Current text

    4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry, if at the same time the average import price for that product from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

    Amendment

    4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 5% compared to the three-year average, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry.

    official amendment document ↗
62. Amendment 62Verts/ALEProposal for a regulation · Article 7 – paragraph 5
    Current text

    5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, retu…

    Amendment

    5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, retu…

    Excerpt — full text in the official PDF.
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63. Amendment 63Verts/ALEProposal for a regulation · Article 7 – paragraph 10
    Current text

    10. The Commission shall facilitate access to the investigation for diverse and fragmented industry sectors, which are largely composed of small and medium-sized enterprises (SMEs), through a dedicated SME Helpdesk, for example by raising awareness, by providing general information and explanations on procedures and on how to submit a request, by releasing standard questionnaires in all official languages of the Union and by replying to general, non-case-specific queries. The SME Helpdesk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires.

    Amendment

    10. The Commission shall facilitate access to the investigation for diverse and fragmented industry sectors, which are largely composed of small and medium-sized enterprises (SMEs), through a dedicated SME Helpdesk, for example by cooperating with the organisations representing the Union industry in view of raising awareness, by providing general information and explanations on procedures and on how to submit a request, by releasing standard questionnaires in all official languages of the Union and by replying to general, non-case-specific queries. The SME Helpdesk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires.

    official amendment document ↗
64. Amendment 64Verts/ALEProposal for a regulation · Article 12 a (new)
    Amendment

    Article12a Environment, Health and SPS clause 1. The Commission shall initiate an investigation and adopt safeguard measures under this Regulation where there is credible evidence that imports benefiting from tariff preferences do not meet equivalent environmental, animal welfare, health, food safety, or labor protection requirements applicable to Union producers. 2. In the event of a documented risk to human, animal, or plant health, including the use of production methods prohibited in the Union or failure to comply with sanitary and phytosanitary requirements, the Commission may immediately suspend imports of the product benefiting from tariff preferences, in accordance with Article 9(3).…

    Excerpt — full text in the official PDF.
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65. Amendment 65Verts/ALEProposal for a regulation · Article 14 – paragraph 2
    Current text

    2. The report shall include, inter alia, information on the application of any provisional and definitive safeguard measures, any prior surveillance measures, any regional surveillance and safeguard measures, the termination of any investigations or proceedings without measures.

    Amendment

    2. The report shall include, inter alia, information on the application of any provisional and definitive safeguard measures, any prior surveillance measures, any regional surveillance and safeguard measures, the termination of any investigations or proceedings without measures. The report shall also include the findings of the inspections referred to in Article 4(2a), including any irregularities identified, related recommendations, and proposed or implemented corrective actions.

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66. Amendment 66Verts/ALEProposal for a regulation · Article 14 – paragraph 3
    Current text

    3. The report shall set out a summary of the statistics and the evolution of trade with each country for which the safeguard measure is in place.

    Amendment

    3. The report shall set out a summary of the statistics and the evolution of trade with each country for which the safeguard measure is in place and shall include a summary of the cumulative impact of preferential trade agreements on sensitive products.

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67. Amendment 67Verts/ALEProposal for a regulation · Article 14 – paragraph 5 a (new)
    Amendment

    5 a. No later than two years after the date of entry into force of the Agreement and regularly thereafter, the Commission shall assess, after consulting the Union industry, the opportunity to develop differentiated thresholds tailored to the specific characteristics of the product markets.

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68. Amendment 68Verts/ALEProposal for a regulation · Article 15 a (new)
    Amendment

    Article15a Accompanying measures 1. The Commission shall work in the context of the review of the harmonised system at the World Customs Organisation in view of the creation of differentiated codes to discriminate better import flows of sensitive products and shall make use of them when implementing the monitoring under this Regulation. 2. In light of the recognition by the European Union and Mercosur of the importance of the responsible management of supply chains and their willingness to cooperate on this issue, the Commission shall ensure that Mercosur economic operators covered by Union due diligence legislation are aware of their obligations. 3. Within two years of the entry into force…

    Excerpt — full text in the official PDF.
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69. Amendment 69ESNProposal for a regulation · Recital 2 a (new)
    Amendment

    (2 a) Union farmers are subject to particularly strict requirements in terms of traceability, food safety, animal welfare, and environmental sustainability, while agricultural products imported from Mercosur are produced to standards that are often lower. This regulatory asymmetry creates unfair competition that could seriously undermine Union argiculture.

    official amendment document ↗
70. Amendment 70ESNProposal for a regulation · Article 3 – paragraph 1
    Current text

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned is imported into the Union: (a) in such increased quantities, in absolute terms or relative to Union production or consumption; and (b) under such conditions, as to cause or threaten to cause serious injury to the Union industry; and (c) the increase of imports is the result of the effect of obligations incurred under the Agreement, including of the reduction or the elimination of the customs duties on that product.

    Amendment

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned is imported into the Union: (a) in such increased quantities, in absolute terms or relative to Union production or consumption; or (b) under such conditions, as to cause or threaten to cause serious injury to the Union industry; or (c) the increase of imports is the result of the effect of obligations incurred under the Agreement, including of the reduction or the elimination of the customs duties on that product ; or (d) does not comply with requirements equivalent to those imposed by Union legislation on public health, environmental protection, traceability, or animal…

    Excerpt — full text in the official PDF.
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71. Amendment 71ESNProposal for a regulation · Article 19 a (new)
    Amendment

    Article19a This Regulation shall not prevent a Member State from maintaining or adopting national measures to protect its agricultural or industrial sectors when they face foreign competition that does not comply with equivalent production, health, or environmental standards.

    official amendment document ↗
72. Amendment 72ECRProposal for a regulation · Recital 1 a (new)
    Amendment

    (1 a) It is important to take note of the proposed stricter food import controls announced on the 9th of December. In this regard, it is important to remember the increasing despair of European farmers is due, among other factors, to the extremely high production costs and to the unfair competition caused by lower-standard imports, which do not comply with Union requirements, burdening disproportionately small and medium-sized farmers and threatening the viability of rural areas.

    official amendment document ↗
73. Amendment 73ECRProposal for a regulation · Recital 7 a (new)
    Amendment

    (7 a) In view of the paramount importance of the Treaty-based obligation to ensure a high level of protection of human and animal health and food safety, as well as taking into account the serious concerns raised by the European agricultural sector regarding the compliance with the requirements applicable in the Union as regards agricultural production standards, the use of pesticides, active substances and antibiotics and animal welfare conditions in the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Oriental Republic of Uruguay , it is necessary to provide additional verification of the effective observance of those standards before the application…

    Excerpt — full text in the official PDF.
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74. Amendment 74ECRProposal for a regulation · Article 1 – paragraph 1 a (new)
    Amendment

    Temporary suspension of tariff preferences for agricultural products 1. The application of tariff preferences and any liberalisation measures provided for in the Agreement shall be temporarily suspended until 30 June 2026 with regard to all agricultural products covered by this Regulation. 2. During the period of suspension, the Commission shall carry out additional, in-depth on-site audits in the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Oriental Republic of Uruguay, conducted by the competent Union inspection services, in particular concerning food safety, the use of pesticides, active substances and antibiotics, animal welfare, and sanitary, p…

    Excerpt — full text in the official PDF.
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75. Amendment 75ECRProposal for a regulation · Article 2 – paragraph 1 – point 10 – point i
    Current text

    (i) 12 years from the date of entry into force of the Agreement; or

    Amendment

    (i) 15 years from the date of entry into force of the Agreement; or

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76. Amendment 76ECRProposal for a regulation · Article 3 – paragraph 2 – point c a (new)
    Amendment

    (c a) the suspension of the preferential tariff treatment and the application of a prohibitive tariff rate equivalent to the most-favoured-nation bound rate where, on the basis of verifications conducted pursuant to this Regulation, the Commission establishes that a statistically significant number of consignments benefiting from preferential access fail to comply with on-farm production, animal-welfare or environmental standards required to Union producers;

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77. Amendment 77ECRProposal for a regulation · Article 9 a (new)
    Amendment

    Article 9a Automatic safeguard measures 1. Without prejudice to Article 3(2), when imports of a product referred to in Article 2(7) from one single MERCOSUR Country exceed 5% of the reference value for that product, calculated based on the average imports from that Country in the three years before the application of the Agreement, the tariff preferences provided for in the Agreement shall be temporarily suspended. 2. Those automatic safeguard measures shall be adopted in accordance with the procedure referred to in Article 18(4) without delay and in any event within a maximum of 21 days from the verification of the conditions set out in paragraph 1 of this article. 3. Without prejudice to A…

    Excerpt — full text in the official PDF.
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78. Amendment 78ECRProposal for a regulation · Article 12 – paragraph 7
    Current text

    7. The total duration of a safeguard measure shall not exceed four years, including the period of application of any provisional safeguard measure, the initial period of application and any extension thereof.

    Amendment

    7. The total duration of a safeguard measure shall not exceed four years, including the initial period of application and any extension thereof, from the end of any provisional safeguard measure.

    official amendment document ↗
79. Amendment 79ECRProposal for a regulation · Article 15 – paragraph 1
    Current text

    1. If a product originating in the country concerned is imported under preferential terms into the territory of one or several of the Union's outermost regions in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of the Union's outermost region(s), the Commission may exceptionally adopt safeguard measures limited to the territory of the region(s) concerned, unless a mutually satisfactory solution is reached.

    Amendment

    1. If a product originating in the country concerned is imported under preferential terms into the territory of one or several of the Union's outermost regions in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of producers in the Union's outermost region(s), the Commission may exceptionally adopt safeguard measures limited to production in the territory of the region(s) concerned, unless a mutually satisfactory solution is reached.

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80. Amendment 80Proposal for a regulation · Article 9 – paragraph 7 a (new)
    Amendment

    7 a. Any supplementation of the support fund for farmers affected by tariff reductions shall not come at the expense of the welcome doubling of the CAP's crisis reserve communicated by the Commission in the National and Regional Partnerships Plans.

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81. Amendment 81Proposal for a regulation · Recital 2
    Current text

    (2) The EMPA and the ITA aim to protect Union producers of sensitive commodities in the agriculture sector by limiting preferences to tariff rate quotas.

    Amendment

    (2) The Partnership Agreement and the Interim Trade Agreement will reduce the protections enjoyed by Union producers who manufacture sensitive commodities in the agricultural sector. Bilateral safeguard clauses should therefore be put in place to limit the scope of preferential tariff quotas in the event of injury or threat of injury.

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82. Amendment 82Proposal for a regulation · Article 2 – paragraph 1 – point 5
    Current text

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry;

    Amendment

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry; an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product, or a decrease of more than 5 % year-on-year in the average import price of a given product, shall be considered as prima facie evidence of serious injury;

    official amendment document ↗
83. Amendment 83Proposal for a regulation · Article 3 – paragraph 1 – subparagraph 1 (new)
    Amendment

    Clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard.

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84. Amendment 84Proposal for a regulation · Article 6 – paragraph 4 a (new)
    Amendment

    4 a. The Commission shall treat an increase in volume of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry, if, at the same time, the average import price of those imports is below 120 % of the reference thresholds laid down in Article 7 of Regulation (EU) No 1308/2013.

    official amendment document ↗
85. Amendment 85Proposal for a regulation · Article 9 – paragraph 1 – point -a
    Amendment

    (-a) at a price below 120 % of the reference thresholds laid down in Article 7 of Regulation (EU) No 1308/2013; or

    official amendment document ↗
86. Amendment 86Proposal for a regulation · Article 9 – paragraph 1 – subparagraph 1 (new)
    Amendment

    Clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard.

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87. Amendment 87Proposal for a regulation · Article 11 – paragraph 1
    Current text

    1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission may adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

    Amendment

    1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission shall adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

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88. Amendment 88Proposal for a regulation · Article 12 a (new)
    Amendment

    Article12a Reciprocity of standards clause and health and SPS clause 1. The Commission shall also initiate an investigation and adopt safeguard measures under this Regulation where there is credible evidence that imports benefiting from tariff preferences do not meet equivalent environmental, animal welfare, health, food safety, or labour protection requirements applicable to Union producers. 2. In the event of a documented risk to human, animal, or plant health, including the use of production methods prohibited in the Union or failure to comply with sanitary and phytosanitary requirements, the Commission may immediately suspend imports of the product benefiting from tariff preferences, in…

    Excerpt — full text in the official PDF.
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89. Amendment 89INTAProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

    official amendment document ↗
90. Amendment 90INTADraft legislative resolution · Paragraph 1 a (new)
    Amendment

    1a. Takes note of the statement by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

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91. Amendment 91Proposal for a regulation · Article 9 – paragraph 7 b (new)
    Amendment

    7 b. Any support fund for farmers affected by tariff reductions shall not come at the expense of the common agricultural policy's crisis reserve communicated by the Commission in the National and Regional Partnerships Plans.

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92. Amendment 92The LeftProposal for a regulation · Article 2 – paragraph 1 – point 5
    Current text

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry;

    Amendment

    5. ‘serious injury’ means a significant overall impairment to the position of the Union industry; an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product, or a decrease of more than 5 % year-on-year in the average import price of a given product, shall be considered as prima facie evidence of serious injury;

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93. Amendment 93The LeftProposal for a regulation · Article 2 – paragraph 1 – point 10
    Current text

    10. ‘transition period’ means: (i) 12 years from the date of entry into force of the Agreement; or (ii) for goods for which the Tariff Elimination Schedule of the Union provides for tariff elimination in 10 years or more, 18 years from the date of entry into force of the Agreement;

    Amendment

    deleted

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94. Amendment 94The LeftProposal for a regulation · Article 3 – paragraph 1 – introductory part
    Current text

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned is imported into the Union:

    Amendment

    1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a country concerned, which complies with Union environmental, animal welfare, food-safety and labour requirements, is imported into the Union:

    official amendment document ↗
95. Amendment 95The LeftProposal for a regulation · Article 3 – paragraph 1 – point c
    Current text

    (c) the increase of imports is the result of the effect of obligations incurred under the Agreement, including of the reduction or the elimination of the customs duties on that product.

    Amendment

    deleted

    official amendment document ↗
96. Amendment 96The LeftProposal for a regulation · Article 3 – paragraph 1 b (new)
    Amendment

    1 b. For paragraph 1, point (b), “under such conditions” shall be understood as conditions under which the production in the exporting country takes place are at least equivalent to those in the Union in terms of the protection of human, animal, plant life or health, and the protection of exhaustible natural resources. For greater certainty, the use of chemical substances banned in the Union may be a reason to impose a safeguard measure.

    official amendment document ↗
97. Amendment 97The LeftProposal for a regulation · Article 3 – paragraph 1 c (new)
    Amendment

    1 c. Clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard.

    official amendment document ↗
98. Amendment 98The LeftProposal for a regulation · Article 3 – paragraph 2 – point c b (new)
    Amendment

    (c b) a suspension of imports of the product concerned.

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99. Amendment 99The LeftProposal for a regulation · Article 3 – paragraph 2 – point a a (new)
    Amendment

    (a a) the introduction of a reciprocity obligation regarding products and production standards.

    official amendment document ↗
100. Amendment 100The LeftProposal for a regulation · Article 3 – paragraph 2 a (new)
     Amendment

     2 a. A safeguard measure may be imposed: (a) if the EMPA or ITA is used to challenge the EU precautionary principle; or (b) in case of persistent substantial differences in the standards pertaining to the protection of human, animal, plant life or health, and the protection of exhaustible natural resources; or (c) if there are factual and reasonable indications that the product is related to illegal deforestation.

     official amendment document ↗
101. Amendment 101The LeftProposal for a regulation · Article 6 – paragraph 3
     Current text

     3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

     Amendment

     3. The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 10% year-on-year, as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury or the threat of serious injury to Union industry,

     official amendment document ↗
102. Amendment 102The LeftProposal for a regulation · Article 6 – paragraph 4
     Current text

     4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry, if at the same time the average import price for that product from a country concerned is at least 10%, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

     Amendment

     4. The Commission shall treat, in the absence of contrary indications, a decrease of more than 10% year-on-year, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to Union industry,

     official amendment document ↗
103. Amendment 103The LeftProposal for a regulation · Article 7 – paragraph 5
     Current text

     5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, retu…

     Amendment

     5. The Commission shall evaluate all relevant factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission shall also take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, price…

     Excerpt — full text in the official PDF.
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104. Amendment 104The LeftProposal for a regulation · Article 9 – paragraph 1 – point b a (new)
     Amendment

     (b a) clear indications of a deterioration in the economic situation of the industry, across the Union or at Member State level, including an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product or sustained decreases in domestic prices, may be sufficient to demonstrate serious injury to the sector and to warrant a safeguard.

     official amendment document ↗
105. Amendment 105The LeftProposal for a regulation · Article 9 – paragraph 1 – point c
     Current text

     (c) the increase of imports is the result of the reduction or the elimination of the customs duties on that product.

     Amendment

     deleted

     official amendment document ↗
106. Amendment 106The LeftProposal for a regulation · Article 11 – paragraph 1
     Current text

     1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission may adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

     Amendment

     1. Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission shall adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

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107. Amendment 107The LeftProposal for a regulation · Article 11 – paragraph 3
     Current text

     3. The Commission shall not apply, extend or maintain in force a bilateral safeguard measure beyond the expiration of the transition period.

     Amendment

     deleted

     official amendment document ↗
108. Amendment 108The LeftProposal for a regulation · Article 12 b (new)
     Amendment

     Article12b Environment, Health and SPS clause 1. The Commission shall initiate an investigation and adopt safeguard measures under this Regulation where there is credible evidence that imports benefiting from tariff preferences do not meet equivalent environmental, animal welfare, health, food safety, or labour protection requirements applicable to Union producers. 2. In the event of a documented risk to human, animal or plant health, including the use of production methods prohibited in the Union or failure to comply with sanitary and phytosanitary requirements, the Commission may immediately suspend imports of the product benefiting from tariff preferences, in accordance with Article 9(3).…

     Excerpt — full text in the official PDF.
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109. Amendment 109ESNProposal for a regulation · Article 1 – paragraph 2
     Current text

     Upon a duly justified request by the Union industry concerned, or on its own initiative, the Commission may amend the Annex as regards the list of sensitive products.

     Amendment

     Upon a duly justified request by the Union industry concerned or by a Member State, or on its own initiative, the Commission shall assess without delay whether the conditions for amending the Annex as regards the list of sensitive products are met and shall provide a reasoned response. Where those conditions are met, the Commission shall amend the Annex.

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110. Amendment 110ESNProposal for a regulation · Article 4 – paragraph 3
     Current text

     3. The Commission shall present a monitoring report to the European Parliament and to the Council every six months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the agreement. Such reports shall cover the Union market and, if relevant, also cover the situation in one or several Member States.

     Amendment

     3. The Commission shall present a monitoring report to the European Parliament and to the Council every six months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the agreement. Such reports shall cover the Union market and, if relevant, also cover the situation in one or several Member States. The data used for the monitoring report shall be based exclusively on existing national statistics and market information. No additional reporting, documentation or data-submission obligations shall be imposed on agricultural holdings for the purposes of this Regulation.

     official amendment document ↗
111. Amendment 111Proposal for a regulation · Article 3 – paragraph 2 – point a a (new)
     Amendment

     (a a) The introduction of a reciprocity obligation regarding products and production standards.

     official amendment document ↗
112. Amendment 112Proposal for a regulation · Article 9 a (new)
     Amendment

     Article9a Automatic safeguard measures 1. Without prejudice to paragraph 2 of Article 3, when imports of a product referred to in Article 2(7) from one single Mercosur country exceed 5 % of the reference value for that product, calculated based on the average imports from that country in the three years before the application of the Agreement, the tariff preferences provided for in the Agreement shall be temporarily suspended. 2. Those automatic safeguard measures shall be adopted in accordance with the procedure referred to in Article 18(4) without delay and in any event within a maximum of 21 days from the verification of the conditions set out in paragraph 1 of this Article. 3. Without pr…

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113. Amendment 113Proposal for a regulation · Recital 1 a (new)
     Amendment

     (1 a) In accordance with Article 19 of the Treaty on European Union and Articles 263 and 267 of the Treaty on the Functioning of the European Union, the Court of Justice of the European Union has exclusive jurisdiction to assess the legality of international agreements concluded by the Union. In order to ensure the full effectiveness of judicial review and to avoid irreversible legal effects, it is appropriate to provide that, when the Court is asked to rule on the legality of the EU-Mercosur Agreement, the application of Union acts based on that agreement should be suspended until the Court has given its ruling.

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