Amending Regulation (EU) 2023/956 as regards the extension of its scope to downstream goods and anti-circumvention measures

Tabled by Stanisław Tyszka, Marcin Sypniewski, Volker Schnurrbusch

Added: (36a) It must be possible for businesses subject to anti-circumvention measures to apply these measures with legal certainty. The decisions taken by Union importers when designing their supply chains are based on many legitimate reasons, including price, quality, security of supply, logistics and diversification of procurement risk. Provisions which treat standard business decisions as abusive practices or which make it possible to identify a consignment’s emissions as belonging to a country other than that in which the goods were in fact manufactured expose importers acting in good faith to retrospective liability and may hinder legitimate trade. Anti-circumvention measures should therefore be restricted to practices aimed at circumventing obligations under Regulation (EU) 2023/956; they should be determined on a case-by-case basis with reference to evidence, and it should not be possible to extend their scope by means of delegated acts.

Wording as published by the EP, in English. PE788.236