Explanatory Memorandum to COM(2002)579 - Amendment of Council Regulation 2248/2001 on certain procedures for applying the Stabilisation and Association Agreement with Croatia and for applying the Interim Agreement with Croatia

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A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part was signed at Luxembourg on 29 October 2001. It will be concluded once the Parliaments of the Member States have completed the ratification process.

Meanwhile on 29 October 2001 the Council concluded an Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part, which provides for the early entry into force of the trade and trade-related provisions of the Stabilisation and Association Agreement. This agreement applied provisionally from 1 January 2002 and it entered into force on 1 March 2002.

Council Regulation (EC) No 2248/2001 of 19 November 2001 lays down the procedures for applying certain provisions of these agreements. However, the Regulation does not contain specific procedures for applying the following articles of the Agreements: Article 18 of the Interim Agreement (safeguard clause for agricultural and fisheries products; - Article 31 of the Stabilisation and Association Agreement), Article 24 of the Interim Agreement (dumping; - Article 37 of the Stabilisation and Association Agreement), Articles 25 and 26 of the Interim Agreement (general safeguard clause and shortage clause; - Articles 38 and 39 of the Stabilisation and Association Agreement), Article 30 of the Interim Agreement (anti-fraud clause; - Article 43 of the Stabilisation and Association Agreement), and Article 35 of the Interim Agreement (competition;- Article 70 of the Stabilisation and Association Agreement).

Therefore an amendment to Council Regulation (EC) No 2248/2001 of 19 November 2001 is proposed. This amendment is necessary to provide for quick and efficient procedures, especially in situations when the Community has to react quickly to urgent situations requiring actions such as safeguard or anti-fraud measures.

The matter is urgent because of a specific case pending (sugar imports from Croatia), which necessitates the quick establishment of the necessary implementing procedures.

It is therefore proposed that the Council approve the attached proposal.