Regulation 2015/1843 - Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification) - Main contents
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Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2015/1843 |
| Original proposal | COM(2014)341  |
| CELEX number i | 32015R1843 |
| Document | 06-10-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 16-10-2015; OJ L 272 p. 1-13 |
| Effect | 05-11-2015; Entry into force Date pub. +20 See Art 18 |
| End of validity | 31-12-9999 |
16.10.2015 |
EN |
Official Journal of the European Union |
L 272/1 |
REGULATION (EU) 2015/1843 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 October 2015
laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization
(codification)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Regulation (EC) No 3286/94 (3) has been substantially amended several times (4). In the interests of clarity and rationality, that Regulation should be codified. |
(2) |
It is necessary that the common commercial policy be based on uniform principles, in particular with regard to commercial defence. |
(3) |
It appears necessary to provide for Union procedures to ensure the effective exercise of the rights of the Union under international trade rules. |
(4) |
International trade rules are primarily those established under the auspices of the World Trade Organization (‘WTO’) and laid down in the Annexes to the WTO Agreement, but they can also include rules laid down in any other agreement to which the Union is a party and which are applicable to trade between the Union and third countries. It is appropriate to give a clear idea of the types of agreements to which the term ‘international trade rules’ refers. |
(5) |
Union procedures to ensure the effective exercise of the rights of the Union under international trade rules should be based on a legal mechanism under Union law which is fully transparent, and ensures that the decision to invoke the Union’s rights under international trade rules is taken on the basis of accurate factual information and legal analysis. |
(6) |
Such a mechanism should aim to provide procedural means for requesting that the Union institutions react to obstacles to trade that are adopted or maintained by third countries and which cause injury or otherwise adverse trade effects, provided that a right of action exists, in respect of such obstacles, under applicable international trade rules. |
(7) |
The right of Member States to resort to such a mechanism should be without prejudice to the possibility for Member States to raise the same or similar matters through other existing Union procedures, and in particular before the committee established by Article 207(3) of the Treaty. |
(8) |
Regard should be paid to the institutional role of the committee established by Article 207(3) of the Treaty in formulating advice for the institutions of the Union on all issues of commercial policy. Therefore, that committee should be kept informed of the development of individual cases, in order to enable it to consider their broader policy implications. |
(9) |
It is appropriate to require that the Union act in compliance with its international obligations and, where such obligations result from agreements, that the Union maintain the balance of rights and obligations which it is the purpose of those agreements to establish. |
(10) |
It is also appropriate to provide that any measures taken under the procedures in question should also be in conformity with the Union’s international obligations, as well as being without prejudice to other measures in cases not covered by this Regulation which... |
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