Explanatory Memorandum to COM(2016)460 - Procedures for applying the Stabilisation and Association Agreement with Kosovo

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The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo 1*, of the other part ('the Agreement') was signed on 27 October 2015 and entered into force on 1 April 2016.

It is now necessary to lay down rules for the implementation of certain provisions of the Agreement, as well as the procedures for the adoption of detailed rules of implementation.

In order to ensure uniform conditions for the implementation of the Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers 2 . Given that the implementing acts form part of the common commercial policy, the examination procedure should be used for their adoption.

Where the Agreement provides for the possibility, in exceptional and critical circumstances, to apply urgent measures necessary to deal with the situation, the Commission should adopt such implementing acts immediately. For measures concerning agricultural and fishery products, the Commission, in cases of duly justified imperative grounds of urgency, should adopt such implementing acts immediately.

The Agreement stipulates that certain agricultural and fishery products originating in Kosovo may be imported into the Union at a reduced customs duty, within the limits of tariff quotas. It is therefore necessary to lay down provisions regulating the management and review of these tariff quotas in order to allow for their thorough assessment.

This Regulation contains implementing measures for the Agreement, and should thus apply from the entry into force of the Agreement, in order to ensure the effective application and management of the tariff quotas granted under the Agreement, as well as to ensure legal certainty and equal treatment with regard to the levying of duties.