Common rules for exports. Codification

PURPOSE: to codify Council Regulation (EC) No 1061/2009 establishing common rules for exports.

LEGISLATIVE ACT: Regulation (EU) 2015/479 of the European Parliament and of the Council establishing common rules for exports (codification).

CONTENT: the Regulation codifies and repeals Council Regulation (EC) n° 1061/2009 which has been substantially amended on several occasions.

The Regulation establishes the basic principle according to which the export of products from the Union to third countries shall be free, that is to say, they shall not be subject to any quantitative restriction, with the exception of those restrictions which are applied in conformity with the provisions of the Regulation. It should apply to all products, whether industrial or agricultural.

The main points of the Regulation are as follows:

Union information and consultation procedure: if, as a result of any unusual developments on the market, a Member State considers that protective measures might be necessary, it shall so notify the Commission, which shall advise the other Member States.

The Commission may request Member States to supply statistical data on market trends in that product for the purpose of assessing the economic and commercial situation as regards a particular product.

Safeguard measures: in order to prevent a critical situation from arising on account of a shortage of essential products, or to remedy such a situation, and where Union interests call for immediate intervention, the Commission, acting at the request of a Member State or on its own initiative, may make the export of a product subject to the production of an export authorisation. The European Parliament, the Council and the Member States shall be notified of the measures taken. Such measures shall take effect immediately.

Where intervention by the Commission has been requested by a Member State, the Commission shall take a decision within a maximum of five working days of the date of receipt of such request.

Any protective measures necessitated by the interests of the Union should be adopted with due regard for existing international obligations.

Transitional provisions: in respect of products listed in Annex I, Member States shall be authorised to implement the emergency sharing system introducing an allocation obligation vis-à-vis third countries provided for in international commitments entered into before the entry into force of the Regulation.

This authorisation should apply until the adoption by the European Parliament and the Council of appropriate measures pursuant to commitments entered into by the Union or all the Member States.

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers are conferred on the Commission. 

ENTRY INTO FORCE: 16.4.2015.