Legal provisions of COM(2022)503 - Exceptional trade measures for countries and territories participating in or linked to the Stabilisation and Association process (codification)

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dossier COM(2022)503 - Exceptional trade measures for countries and territories participating in or linked to the Stabilisation and Association ...
document COM(2022)503 EN
date February 28, 2024



 2020/2172 Art. 1.1 (adapted)

Contents

Article 1 - Preferential arrangements

1. Products originating in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia (‘the beneficiary parties’) covered by Chapters 7 and 8 of the Combined Nomenclature shall be admitted for import into the Union without quantitative restrictions or measures having equivalent effect, and with exemption from custom duties and charges having equivalent effect.

2. Products originating in the beneficiary parties shall continue to benefit from the provisions of this Regulation where so indicated  in those provisions   therein. Such products shall also benefit from any concession provided for in this Regulation which is more favourable than that provided for under bilateral agreements between the Union and those beneficiary parties.

Article 2 - Conditions for entitlement to the preferential arrangements

1. Entitlement to benefit from the preferential arrangements introduced by   referred to in  Article 1 shall be subject to the following conditions:

(a)compliance with the definition of ‘originating products’ provided for in Title II, Chapter 1, Section 2, Subsections 4 and 5, of Delegated Regulation (EU) 2015/2446, and Title II, Chapter 2, Section 2, Subsections 10 and 11, of Implementing Regulation (EU) 2015/2447;

(b)abstention of the beneficiary parties from introducing new duties and charges having equivalent effect and new quantitative restrictions or measures having equivalent effect in respect of imports originating in the Union, from increasing existing levels of duties or charges or from introducing any other restrictions from 30 September 2000;

(c)the involvement of beneficiary parties in effective administrative cooperation with the Union in order to prevent any risk of fraud; and

(d)abstention of the beneficiary parties from engaging in serious and systematic violations of human rights, including core labour rights, of fundamental principles of democracy and of the rule of law.

2. Without prejudice to the conditions set out   laid down  in paragraph 1 of this Article, entitlement to benefit from the preferential arrangements referred to in Article 1 shall be subject to the readiness of the beneficiary parties to engage in effective economic reforms and in regional cooperation with other countries involved in the European Union’s Stabilisation and Association process, in particular through the establishment of free trade areas in accordance with Article XXIV of the GATT 1994 and other relevant WTO provisions.

In the event of non-compliance with the first subparagraph, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal.

3. In the event of non-compliance by a beneficiary party with paragraph 1, point (a), (b) or (c), or with paragraph 2 of this Article, the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the beneficiary party concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3).


 1215/2009

Article 3 - Agricultural products — tariff quotas

 2020/2172 Art. 1.2(a)

1. For certain wine products, as listed in Annex I, originating in the beneficiary parties, the customs duties applicable to imports into the Union shall be suspended during the periods, at the levels, within the limits of the Union tariff quota and under the conditions indicated for each product and origin set out in that Annex.


 1336/2011 Art. 1.3(c)

2. Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3).


 1215/2009

Article 4 - Administration of tariff quotas

 2020/2172 Art. 1.4

The tariff quotas referred to in Article 3(1) of this Regulation shall be administered by the Commission in accordance with Title II, Chapter 1, Section 1, of Implementing Regulation (EU) 2015/2447.


 1215/2009

Communication for that purpose between the Member States and the Commission shall be effected, as far as possible, by telematic link.

Article 5 - Access to tariff quotas

Each Member State shall ensure that importers have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits.


 1336/2011 Art. 1.5 (adapted)

Article 6 - Conferral   Delegation  of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 7 concerning:

(a)necessary amendments and technical adjustments to Annexes I and II following amendments to the Combined Nomenclature codes and to the  integrated tariff of the European Union  (TARIC) subdivisions;


 2020/2172 Art. 1.5

(b)necessary adjustments following the granting of trade preferences under other arrangements between the Union and the beneficiary parties;

(c)suspension, in whole or in part, of the entitlement of a beneficiary party concerned to benefits under this Regulation, in the event of non-compliance by that beneficiary party with Article 2(1), point (d).


 1336/2011 Art. 1.6

Article 7 - 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.


 1202/2013 Art. 1.1 (adapted)

2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from 3 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 6 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 on 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. 


 1336/2011 Art. 1.6

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 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or of the Council.


 1336/2011 Art. 1.7

Article 8 - Committee procedure

1. For the purposes of Articles 2 and 10, the Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. For the purposes of Article 3(2), the Commission shall be assisted by the committee established by Article 3(1) of Regulation (EU) 2015/478 of the European Parliament and of the Council 15  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.


 1215/2009 (adapted)

Article 9 - Cooperation

Member States and the Commission shall cooperate closely to ensure that this Regulation, and in particular the provisions set out   laid down  in Article 10(1), are complied with.

Article 10 - Temporary suspension

 2020/2172 Art. 1.7 (adapted)

1. Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase in exports into the Union above the level of normal production and export capacity or a failure  to comply   of compliance with Article 2(1), point (a), (b) or (c), by the beneficiary parties, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:

(a)informed the Western Balkans Implementation Committee;

(b)called on the Member States to take such precautionary measures as are necessary in order to safeguard the Union’s financial interests and/or to secure compliance by the beneficiary parties with Article 2(1);

(c)published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubts about the application of the preferential arrangements and/or compliance with Article 2(1) by the beneficiary party concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.

The measures referred to in the first subparagraph of this paragraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3).


 1336/2011 Art. 1.8(c)

2. On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure or to extend the suspension measure in accordance with paragraph 1.


 1215/2009 (adapted)

Article 11 - Repeal

Regulation (EC) No 2007/2000   1215/2009  is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 12 - Entry into force and application

This Regulation shall enter into force on the 20th   twentieth  day following  that of  its publication in the Official Journal of the European Union.


 2020/2172 Art. 1.8

It shall apply until 31 December 2025.


 1215/2009

This Regulation shall be binding in its entirety and directly applicable in all Member States.