Sittings · Document
On the proposal for a regulation of the European Parliament and of the Council on the non-application of customs duties on imports of certain goods
Committee on International Trade · Rapporteur: Bernd Lange
PR_COD_1amCom
Symbols for procedures
* Consultation procedure
*** Consent procedure
***I Ordinary legislative procedure (first reading)
***II Ordinary legislative procedure (second reading)
***III Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.
By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on the non-application of customs duties on imports of certain goods
(COM(2025)0472 – C100192/2025 – 2025/0260(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2025)0472),
– having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100192/2025),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the budgetary assessment by the Committee on Budgets,
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the report of the Committee on International Trade (A100000/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 2
Text proposed by the Commission
Amendment
(2) To avoid disruption and continue improving the trade and investment relationship with the United States, on 16 December 2020 the Union adopted Regulation (EU) 2020/2131 of the European Parliament and of the Council1 on the elimination of customs duties on certain goods, in particular certain types of lobster, applicable from 1 August 2020. That Regulation expired on 31 July 2025.
(2) To avoid disruption and continue improving the trade and investment relationship with the United States, the Union and the United States agreed the Joint Statement on a Tariff Agreement, announced on 21 August 2020, under which the Union committed to eliminate tariffs on imports of United States live and frozen lobster products and the United States committed in return to reduce by 50 % its tariff rates on certain products exported by the Union worth an average annual trade value of USD 160 million, including certain prepared meals, certain crystal glassware, surface preparations, propellant powders, cigarette lighters and lighter parts. In order to implement that 2020 Joint Statement, on 16 December 2020 the Union adopted Regulation (EU) 2020/2131 of the European Parliament and of the Council1 on the elimination of customs duties on certain goods, in particular certain types of lobster, applicable from 1 August 2020. That Regulation expired on 31 July 2025.
__________________
__________________
1 Regulation (EU) 2020/2131 of the European Parliament and of the Council of 16 December 2020 on the elimination of customs duties on certain goods (OJ L 430, 18.12.2020, p. 1–4, ELI: http://data.europa.eu/eli/reg/2020/2131/oj).
1 Regulation (EU) 2020/2131 of the European Parliament and of the Council of 16 December 2020 on the elimination of customs duties on certain goods (OJ L 430, 18.12.2020, p. 1–4, ELI: http://data.europa.eu/eli/reg/2020/2131/oj).
Or. en
Amendment 2
Proposal for a regulation
Recital 5
Text proposed by the Commission
Amendment
(5) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to suspend the non-application of the customs duties in specific circumstances. Those powers should be exercised in accordance with the examination procedure provided for in Regulation (EU) No 182/2011 of the European Parliament and of the Council3.
(5) In order to suspend in whole or in part the tariff preferences granted by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation in order to suspend in whole or in part the application of Article 1 of this Regulation, and amending the Annex to this Regulation by reducing the scope of the goods covered. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making3. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
__________________
__________________
3 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).
3 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
Or. en
Amendment 3
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission
Amendment
(6a) In order to ensure consistency with Regulation [2025/0261 (COD)] and in order to allow the Commission to negotiate improved market access for Union exports, as had been the case in 2020 when the Joint Statement of the United States and the European Union on a Tariff Agreement of 21 August 2020 was agreed, the duration of the application of this Regulation should be limited and aligned with the duration of the application of Regulation [2025/0261 (COD)]. By six months before the date of the end of application of this Regulation, the Commission should present a comprehensive impact assessment, accompanied by, where appropriate, a legislative proposal to extend the duration of application of this Regulation.
Or. en
Amendment 4
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The Commission may adopt an implementing act suspending in whole or in part the application of Article 1 in the following circumstances:
The Commission shall adopt, in accordance with Article 3a, delegated acts amending this Regulation in order to suspend in whole or in part the application of Article 1 in the following circumstances:
Or. en
Amendment 5
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
Text proposed by the Commission
Amendment
(aa) where the United States imposes additional tariffs on goods imported from the Union or modifies the product classification with the effect of raising the tariff level;
Or. en
Amendment 6
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
Text proposed by the Commission
Amendment
(b) where there are sufficient indications that the United States will act in the manner referred to in point (a) in the future;
(b) where there are sufficient indications that the United States will act in the manner referred to in point (a) or point (aa) in the future;
Or. en
Amendment 7
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 3(2).
Where the Commission suspends the application of Article 1 in part, it shall amend the Annex by reducing the scope of the goods covered.
Or. en
Amendment 8
Proposal for a regulation
Article 2 – paragraph 2
Text proposed by the Commission
Amendment
2. The implementing act referred to in paragraph 1 shall apply for as long as the circumstances referred to in paragraph 1 persist.
2. The delegated acts referred to in paragraph 1 shall apply for as long as the circumstances referred to in paragraph 1 persist and in any event no longer than until the date of the end of application of this Regulation referred to in Article 5, second paragraph. Where the Commission finds that the reasons justifying a suspension no longer apply, it is empowered to adopt delegated acts, in accordance with Article 3a, to amend this Regulation in order to reinstate the application of Article 1, or, in cases referred to in paragraph 1, second subparagraph, of this Article, to amend the Annex accordingly.
Or. en
Amendment 9
Proposal for a regulation
Article 3
Text proposed by the Commission
Amendment
Article 3
deleted
Committee procedure
1. The Commission shall be assisted by the Trade Barriers Committee established by Article 7 of Regulation (EU) No 2015/1843 of the European Parliament and of the Council4.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
__________________
4 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 (OJ L 272, 16.10.2015, p. 1, ELI: http://data.europa.eu/eli/reg/2015/1843/oj).
Or. en
Amendment 10
Proposal for a regulation
Article 3 a (new)
Text proposed by the Commission
Amendment
Article 3a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission from … [the date of entry into force of this Regulation] until … [the date of the end of application of this Regulation referred to in Article 5, second paragraph].
3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed by either the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Or. en
Amendment 11
Proposal for a regulation
Article 4 a (new)
Text proposed by the Commission
Amendment
Article 4a
Evaluation
The Commission shall, by … [six months before the date of the end of application of this Regulation referred to in Article 5, second paragraph], present a comprehensive report assessing the impact of the application of this Regulation on trade between the Union and the United States and on Union producers and consumers. That report shall also assess the development of the trade and investment relationship for the products falling within the scope of this Regulation between the Union and the United States since … [the date of the entry into force of this Regulation]. Where appropriate, the report shall be accompanied by a legislative proposal for extension of the application of this Regulation.
Or. en
Amendment 12
Proposal for a regulation
Article 5 – paragraph 2
Text proposed by the Commission
Amendment
It shall apply from 1 August 2025.
It shall apply from 1 August 2025 until … [18 months from the date of entry into force of this Regulation].
Or. en
EXPLANATORY STATEMENT
Introduction
This legislative proposal constitutes, together with the main proposal 2025/0261(COD), the instrument through which the Commission intends to implement the commitments undertaken by President von der Leyen at the meeting with United States President Donald Trump in Turnberry, Scotland, on 27 July 2025, and subsequently formalised through the Joint Statement on a United States–European Union framework for an agreement on reciprocal, fair and balanced trade of 21 August 2025.
In particular this legislative proposal aims to extend the Joint Statement of the United States and the European Union on a Tariff Agreement announced on 21 August 2020, with respect to lobster (that expired 31 July 2025) and couple it with an expanded product scope to include processed lobster.
This explanatory statement should be read in conjunction with the explanatory statement for the proposal 2025/0261(COD). The rapporteur intends to deal with this proposal and the 2025/0261(COD) jointly and with the same timeline given both files are necessary to implement the EU commitments.
The Rapporteur notes that, unlike for the proposal for the elimination of tariffs on all US industrial goods and providing preferential market access for a wide range of US seafood and agricultural goods, this proposal for the extension of the agreement on Lobster does not pose a problem of WTO compatibility as the Commission will apply the new 0% custom duties on an erga omnes basis.
The Rapporteur was also responsible for the 2020/0253(COD) proposal, which itself implemented the Joint Statement of the United States and the European Union on a Tariff Agreement of 21 August 2020 between US Trade Representative Robert Lighthizer and Trade Commissioner Phil Hogan.
Under that agreement, the EU eliminated tariffs on imports of US live and frozen lobster products. Back in 2020, the EU also eliminated these tariffs on a Most Favored Nation (MFN) basis. Back then the EU tariffs were eliminated for a period of five years, whilst under the current proposal the Commission intends to eliminate the tariffs permanently. In 2020, the US reduced by 50% its tariff rates on certain products exported by the EU worth an average annual trade value of $160 million, including certain prepared meals, certain crystal glassware, surface preparations, propellant powders, cigarette lighters and lighter parts. The U.S. tariff reductions will also be made on an MFN basis and also retroactively applied as of 1 August 2025.
The Rapporteur notes that this time around the Commission has agreed to renew and expand the Union tariff concession but does not appear to have received an equivalent beneficial market access in return.
Main Elements of the Draft Report
The Rapporteur intends to ensure consistency between the changes he intends to introduce in the main legislative proposal implementing the Joint Statement. In particular he will introduce a new sunset clause to ensure equal treatment between the two proposals and to allow the Commission to negotiate improved market access for Union exports.
The Rapporteur also intends to change the empowerment of the Commission for the suspension of the regulation from implementing act to delegated act to ensure the Commission can amend the Annex where necessary.