Legal provisions of COM(2000)351 - Exceptional trade measures for countries and territories participating in or linked to the EU's stabilisation and association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) Nos 1763/1999 and 6/2000

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dossier COM(2000)351 - Exceptional trade measures for countries and territories participating in or linked to the EU's stabilisation and ...
document COM(2000)351 EN
date September 18, 2000

Contents

Article 1 - Preferential arrangements

1. Subject to the special provisions laid down in Articles 3 and 4, products originating in the Republics of Albania, Bosnia and Herzegovina and Croatia as well as in Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (hereinafter referred to as 'Kosovo'), other than those of heading Nos 0102, 0201, 0202 and 1604 of the Combined Nomenclature, shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and with exemption from customs duties and charges having equivalent effect.

2. Wine imports originating in the Republic of Slovenia and the former Yugoslav Republic of Macedonia shall benefit from concessions provided for in Article 4.

3. Certain industrial products originating in the Federal Republic of Yugoslavia shall benefit from concessions provided for in Article 5.

Article 2 - Conditions for entitlement to the preferential arrangements

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

(a) compliance with the definition of the concept of 'originating products' provided for in Title IV, Chapter 2, section 2 of Regulation (EEC) No 2454/93; and

(b) to the abstention of the countries and territories mentioned in Article 1 from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect from imports originating in the Community or from increasing existing levels of duties or charges or from introducing any other restrictions from the day of the entry into force of this Regulation.

2. For Albania, Bosnia and Herzegovina and Croatia, the entitlement to benefit from the preferential arrangements introduced by Article 1 shall equally be subject to their readiness to engage in effective economic reforms and in regional cooperation with other countries concerned by the European Union's Stabilisation and Association process, in particular through the establishment of free trade areas in conformity with Article XXIV of the GATT 1994 and other relevant WTO provisions.

In the event of non-compliance in this respect, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal.

Article 3 - Limited concessions for certain textile products

1. As regards textile products originating in the countries or territories referred to in Article 1 (1) of this Regulation and indicated in Annex III B of Regulation (EC) No 517/94, the exemption from customs duties and charges having equivalent effect shall be limited to the Community annual quantities set out in Regulation (EC) No 517/94.

2. For re-importations following an outward processing operation in accordance with Council Regulation (EC) No 3036/94 , the exemption from customs duties shall be limited to the Community annual quantities set in Annex VI to Regulation (EC) No 517/94 when products are originate in countries or territories mentioned in Article 1(1) of this Regulation.

OJ L 322, 15.12.1994, p. 1.

Article 4 - Agricultural products - tariff quotas

1. For certain fishery products originating in Albania, Bosnia and Herzegovina and Croatia and wine originating in the countries and territories referred to in Article 1 (1) and (2), both listed in Annex I, the customs duties applicable to imports into the Community shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas indicated for each product in that Annex.

2. The customs duties applicable to imports into the Community of baby-beef products defined in Annex II and originating in the countries and territories referred to in Article 1(1), shall be 20% of the ad valorem duty and 20% of the specific duty as laid down in the Common Customs Tariff, within the limit of an annual tariff quota of 10.900 tonnes expressed in carcass weight.

The volume of the annual tariff quota of 10.900 tonnes shall be distributed among the beneficiary republics, as follows:

(a) 1.500 tonnes (carcass weight) for baby-beef products originating in Bosnia and Herzegovina;

(b) 9.400 tonnes (carcass weight) for baby-beef products originating in Croatia.

Imports into the Community of baby-beef products defined in Annex II and originating in Albania and in Kosovo shall not benefit from a tariff concession.

Any request for import within these quotas shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting country and attesting that the goods originate in the country or territory concerned and correspond to the definition in Annex II. This certificate shall be drawn up by the Commission according to the procedure provided for in Article 43 of Council Regulation (EC) No 1254/1999 .

OJ L 160, 26.6.1999, p. 21.

Article 5 - Tariff quotas for aluminium products originating in the Federal Republic of Yugoslavia

From 1 January to 31 December each year, imports into the Community of aluminium products originating in the Federal Republic of Yugoslavia and listed in Annex III, shall benefit from an exemption from customs duties in accordance with the Community tariff quotas specified in that Annex.
The detailed rules for implementing the tariff quota for baby-beef products shall be determined by the Commission according to the procedure provided for in Article 43 of Regulation (EC) No 1254/99.

Article 7 - Administration of tariff quotas

The tariff quotas referred to in Article 4(1) and Article 5 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

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

Article 8 - 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.

Article 9 - Conferment of powers

The Commission shall, in accordance with the procedure referred to in Article 10(2), adopt the provisions necessary for the application of this Regulation, other than those provided for in Article 6, notably:

(a) amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the Taric-subdivisions;

(b) necessary adjustments following the conclusion of other agreements between the Community and the countries and territories referred to in Article 1.

Article 10 - Management Committee

1. The Commission shall be assisted by the Customs Code Committee instituted by Article 247 of Council Regulation (EEC) No 2913/92 , hereinafter referred to as the Committee.

OJ L 302, 19.10.1992, p. 1.

2. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

Article 11 - Cooperation

Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.

Article 12 - Temporary suspension

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 of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions of Article 2(1) by countries and territories covered by this Regulation, 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 is has first:

(a) informed the Committee;

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

(c) published a notice in the Official Journal of the European Communities 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 country or territory concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.

2. A Member State may refer the Commission's decision to the Council within 10 days. The Council, acting by a qualified majority, may take a different decision within 30 days.

3. On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure following consultation of the Committee or to extend the suspension measure in accordance with the procedure provided for in paragraph 1.

Article 13 - Amendment of Regulation (EC) No 2820/98

In Annex III to Regulation (EC) No 2820/98, the following entries are deleted:

"AL Albania(1)", 'BA Bosnia and Herzegovina(1)' and 'HR Croatia(1)'.

Article 14 - Repeals

Regulations (EC) Nos 1763/1999 and 6/2000 are hereby repealed.

Article 15 - Initial pro rata application

1. By way of derogation from Article 7, paragraphs 2, 3 and 4 of this Article shall apply for the first calendar year of the application of this Regulation.

2. The volumes of the tariff quotas shall be calculated as a pro rata of the basic volumes indicated in Annexes I and III, account being taken of the part of the period elapsed before the date of application of this Regulation.

3. The quantities which have been imported within the framework of the tariff quotas with order numbers 09.1515 and 09.1561 applicable within Regulations (EC) Nos 6/2000 and 1763/1999 respectively, shall be taken into account for charging on the respective tariff quotas in Annex I to this Regulation.

4. The quantities which have been imported within the framework of the tariff quotas for 'baby beef' applicable within Article 5(3) and Annex F of Regulation (EC) No 6/2000 shall be taken into account for charging on the respective tariff quotas referred to in Article 4(2) and Annex II of this Regulation.

Article 16 - Transitional measures

1. The benefit of the generalised tariff preferences established by Regulation (EC) No 2820/98 shall continue to be granted in respect of goods originating in Albania, Bosnia and Herzegovina and Croatia which are put into free circulation in the Community before [the first day of the fourth month following the entry into force of this Regulation(, provided that:

(a) the goods concerned are covered by a purchase contract concluded before the date of entry into force of this Regulation; and

(b) it can be shown to the satisfaction of the customs authorities that those goods left the country of origin no later than the date of entry into force of this Regulation.

2. The customs authorities may regard paragraph 1(b) as having been satisfied if one of the following documents is submitted to them:

(a) in the case of transport by sea or waterway, the bill of loading showing that loading took place before the date of entry into force of this Regulation;

(b) in the case of transport by rail, the consignment note accepted by the railways of the expediting country before the date of entry into force of this Regulation;

(c) in the case of transport by road, the international road transport TIR carnet issued before the date of entry into force of this Regulation by the customs office in the country of origin or any other appropriate document authenticated by the relevant customs authorities of the country of origin before that date;

(d) in the case of transport by air, the air consignment note showing that the airline received the goods before the date of entry into force of this Regulation.

Article 17 - Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.

It shall apply from the first day of the second month after its entry into force until 31 December 2002.

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