Legal provisions of COM(2011)938 - Procedures for applying the Stabilisation and Association Agreement with Serbia and the Interim Agreement with Serbia - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2011)938 - Procedures for applying the Stabilisation and Association Agreement with Serbia and the Interim Agreement with Serbia. |
---|---|
document | COM(2011)938 |
date | March 11, 2014 |
Contents
- Article 1 - Subject matter
- Article 2 - Concessions for fish and fishery products
- Article 3 - Tariff reductions
- Article 4 - Technical adaptations
- Article 5 - General safeguard clause
- Article 6 - Shortage clause
- Article 7 - Exceptional and critical circumstances
- Article 8 - Safeguard clause for agricultural and fishery products
- Article 9 - Surveillance
- Article 10 - Dumping and subsidy
- Article 11 - Competition
- Article 12 - Fraud or failure to provide administrative cooperation
- Article 13 - Committee procedure
- Article 14 - Notification
- Article 15 - Entry into force
Article 1 - Subject matter
2. All references in this Regulation to provisions of the SAA shall, whenever applicable, be understood as referring to the corresponding provisions of the Interim Agreement.
Article 2 - Concessions for fish and fishery products
Article 3 - Tariff reductions
2. The preferential rate shall be considered a full exemption where the result of calculating the rate of preferential duty in accordance with paragraph 1 is one of the following:
(a) | 1 % or less in the case of ad valorem duties; |
(b) | EUR 1 or less per individual amount in the specific duties. |
Article 4 - Technical adaptations
Article 5 - General safeguard clause
Article 6 - Shortage clause
Article 7 - Exceptional and critical circumstances
Article 8 - Safeguard clause for agricultural and fishery products
On duly justified imperative grounds of urgency, including the case referred to in paragraph 2 of this Article, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 13(4) of this Regulation.
2. If the Commission receives the request referred to in paragraph 1 from a Member State, it shall take a decision thereon:
(a) | within three working days following the receipt of that request, where the referral procedure provided for in Article 41 of the SAA does not apply; or |
(b) | within three days of the end of the 30-day period referred to in Article 41(5)(a) of the SAA, where the referral procedure provided for in Article 41 of the SAA applies. |
Article 9 - Surveillance
Article 10 - Dumping and subsidy
Article 11 - Competition
The measures provided for in Article 73(10) of the SAA shall be adopted in the cases of aid in accordance with the procedures laid down in Regulation (EC) No 597/2009.
2. In the event of a practice that may cause measures to be applied to the Union by the Republic of Serbia on the basis of Article 73 of the SAA, the Commission shall, after examining the case, decide whether the practice is compatible with the principles set out in the SAA. Where necessary, it shall take appropriate decisions on the basis of criteria which result from the application of Articles 101, 102 and 107 of the Treaty.
Article 12 - Fraud or failure to provide administrative cooperation
(a) | inform the European Parliament and the Council; and |
(b) | notify the Stabilisation and Association Committee of its finding together with the objective information it is based on, and enter into consultations within the Stabilisation and Association Committee. |
2. Any publication under Article 46(5) of the SAA shall be done by the Commission in the Official Journal of the European Union.
3. The Commission may decide, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 13(3) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 46(4) of the SAA.
Article 13 - Committee procedure
2. For the purposes of Articles 5 to 8 of this Regulation, the Commission shall be assisted by the Committee set up by Article 4 of Regulation (EC) No 260/2009. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where reference is made to this paragraph, paragraphs 1 to 4 of Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Article 14 - Notification
Article 15 - Entry into force
It shall apply from 1 September 2013. However, Articles 2, 3 and 4 shall apply from 1 February 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.