Legal provisions of COM(2023)245 - Temporary trade-liberalisation measures supplementing trade concessions applicable to Moldovan products under the EU/Moldova Association Agreement

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dossier COM(2023)245 - Temporary trade-liberalisation measures supplementing trade concessions applicable to Moldovan products under the EU/Moldova ...
document COM(2023)245
date May  2, 2023


Article 1

Trade-liberalisation measures

The following trade-liberalisation measures are introduced:

(a) all the tariff-rate quotas established under Annex XV-A to the Association Agreement shall be suspended and the products covered by those quotas shall be admitted for importation into the Union from Moldova without any customs duties;

(b) the application of the entry price system shall be suspended for those products to which it applies as specified in Annex XV-B to the Association Agreement. No customs duties shall apply to imports of those products.

Article 2

Conditions for entitlement to the trade-liberalisation measures

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

(a) compliance with the rules of origin of products and the procedures related thereto as provided for in the Association Agreement;

(b) Moldova’s abstention from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union, from increasing existing levels of duties or charges or from introducing any other restrictions, including discriminatory internal administrative measures, unless clearly justified in the war context; and

(c) Moldova's respect for democratic principles, human rights and fundamental freedoms as well as the countering of the proliferation of weapons of mass destruction, related materials and their means of delivery, respect for the principle of the rule of law and good governance, fight against corruption, criminal activities, organised or otherwise, including those of transnational character, and terrorism, and respect for the principles of sustainable development and effective multilateralism provided for in Articles 2, 9 and 16 of the Association Agreement.

Article 3

Temporary suspension of measures

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

2. Where a Member State requests that the Commission suspends any of the trade-liberalisation measures provided for in this Regulation on the basis of a failure to comply with the conditions set out in Article 2, point (b), the Commission shall provide a reasoned opinion within four months of the request on whether the claim of Moldova’s failure to comply is substantiated. If the Commission concludes that the claim is substantiated, it shall initiate the procedure referred to in paragraph 1.

Article 4

Expedited safeguard

1. Where a product originating in Moldova is imported under conditions which adversely affect the Union market of like or directly competing products, the Commission may reintroduce the customs duties otherwise applicable under the Association Agreement on imports of that product at any time by adopting an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).

2. The Commission shall regularly monitor the impact of this Regulation, taking into account the information on exports, imports, prices on the Union market and Union production of the products subject to the trade-liberalisation measures under Article 1 (a).

The Commission shall inform the Member States every two months of the results of the regular monitoring, starting from the entry into force of this Regulation.

3. The Commission shall launch an assessment of the situation of the Union market for the like or directly competing products with a view to reintroduce the customs duties.

That assessment shall be concluded within a period of no longer than three months:

(a) following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 5 of imports adversely affecting the market as referred to in paragraph 1, or

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

4. Where, as a result of the assessment, the Commission considers that the Union market of like or directly competing products has been adversely affected and intends to reintroduce the customs duties, it shall publish a notice in the Official Journal of the European Union announcing the reintroduction of the customs duties otherwise applicable pursuant to paragraph 1. The notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. Such period shall not exceed 10 days from the date of publication of the notice.

5. In its assessment, whether measures should be applied pursuant to paragraph 1, the Commission shall take into consideration all relevant market developments including the impact of the imports concerned on the situation of the Union market of like or directly competing products. That assessment shall include factors such as:

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

(b) the effect of the imports concerned on Union production and prices, whilst taking into consideration the development of imports from other sources.

This list is not exhaustive and other relevant factors may also be taken into consideration.

6. The customs duties otherwise applicable under the Association Agreement may be reintroduced for as long as necessary to counteract the adverse effects on the Union market of like or directly competing products.

7. Where exceptional circumstances require immediate action, the Commission may, without following the procedure set out in paragraph 4 and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/4787, take any preventive measure, which is necessary.

Article 5

Committee procedure

1. The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council8 with regard to Article 3(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. The Commission shall be assisted by the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478 of the European Parliament and of the Council9 with regard to Article 4(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

Article 6

Assessment of the implementation of the trade-liberalisation measures

The Commission's annual report on the implementation of the Deep and Comprehensive Free Trade Area shall include a detailed assessment of the implementation of the trade-liberalisation measures provided for in this Regulation and shall include, insofar as appropriate, an assessment of the social impact of those measures in Moldova and in the Union. Information on the imports of products under Article 1 (a) shall be made available monthly via the website of the Commission.

Article 7

Entry into force and application

This Regulation shall enter into force on [25 July 2023].

This Regulation shall apply until [24 July 2024].

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