Considerations on COM(2024)459 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)459 - . |
|---|---|
| document | COM(2024)459 |
| date | October 15, 2024 |
(2) A common line is an instrument under the Arrangement that allows the Participants, on an exceptional basis, to diverge from the Arrangement’s provisions, either for a specific transaction or temporarily for a non-specific number of transactions, for example with regard to the minimum down payment pursuant to Article 11 a) of the Arrangement.
(3) The Participants to the Arrangement (‘Participants’) decide, in a written procedure, on common lines in accordance with Chapter IV, Section 5 of the Arrangement. Common lines may be accepted in written procedure by remaining silent because a Participant remaining silent shall be deemed to have accepted the common line proposal. The same applies for a Participant which advises that it has no position. Responses to a common line proposal must be made in principle within 20 calendar days, with a possible extension by eight calendar days. The short period of time given to react to a common line proposal, coupled with the fact that silence implies approval, justifies the need for a framework Decision under Article 218(9) TFEU.
(4) It is appropriate to establish the position to be taken on the Union's behalf regarding proposed common lines in the written procedure by the Participants, as proposed common lines, once agreed, will be capable of decisively influencing the content of Union law by virtue of Regulation (EU) No 1233/2011 of the European Parliament and of the Council of 16 November 2011 on the application of certain guidelines in the field of officially supported export credits and repealing Council Decisions 2001/76/EC and 2001/77/EC.
(5) In view of the expedited procedure established under the Arrangement to adopt this common line, it is in the interest of the Union that such positions be established at EU level in an expeditious manner to allow the Union to exercise effectively its rights under the Arrangement. Hence, this Decision establishes an efficient and expedited procedure for the establishment of the position to be taken on the Union's behalf with regard to any future common line on the minimum down payment proposed by a Participant to the Arrangement, as long as the common line is horizontal in nature and applies to more than one specific transaction.
(6) The EU does not believe that a quasi-permanent change to the terms of the Arrangement’s down payment rules should be achieved by the constant renewal of common lines. Instead any such adjustment should be addressed by deliberative discussions among Participants. On this basis this Decision establishes that as a general rule the EU should be in a position to reject future proposals to use the common line procedure to further extend the flexibilities relating to the down payment rules in Article 11(a) of the Arrangement.
(7) If during the discussions in the Council Working Group on Export Credits, it is concluded that a deviation from the position established in this Decision is appropriate, the Commission has always the possibility to submit a proposal for a Council decision establishing the position to be adopted on the Union’s behalf which deviates from the position established in this Decision. Indeed, this Decision remains without prejudice to the right of the Commission to submit, also on its own initiative, a proposal for a Council decision establishing the position to be adopted on the Union’s behalf which deviates from the general position established in this Decision.
(8) To ensure that the Council is able to assess and, where appropriate, revise the policy in this Decision on a regular basis, and in the spirit of the sincere cooperation among the Union institutions enshrined in Article 13(2) of the TEU, this Decision may be periodically reviewed.