Considerations on COM(1999)689 - Arrangements applicable to imports into the EC of products from the Republics of Bosnia and Herzegovina and Croatia and to imports of wine from Macedonia and Slovenia - Main contents
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| dossier | COM(1999)689 - Arrangements applicable to imports into the EC of products from the Republics of Bosnia and Herzegovina and Croatia and to ... |
|---|---|
| document | COM(1999)689  |
| date | December 17, 1999 |
(2) These arrangements will eventually have to be replaced by provisions contained in future bilateral agreements and specific wine agreements to be negotiated with the countries in question; in the meantime the arrangements granted by Regulation (EC) No 70/97 should be maintained; the amounts of the tariff ceilings for industrial products should be increased annually by 5 % as provided for in Article 4(1) of Regulation (EC) No 70/97; Council Regulation (EC) No 70/97 has been amended several times and taking into account the modifications to the Combined Nomenclature and to the Taric subdivisions and other technical adjustments, it seems appropriate to renew the autonomous trade preferences within a complete new Regulation; it is unnecessary to include in the coverage of this Regulation products for which the Common Customs Tariff duty is free;
(3) In accordance with the EU' Regional Approach, based on the conclusions of the Council of 29 April 1997, the development of bilateral relations between the European Union and the successor republics of the former Yugoslavia, other than Slovenia, is subject to certain conditions; the renewal of autonomous trade preferences is linked to respect for fundamental principles of democracy and human rights and to the readiness of the countries concerned to allow the development of economic relations between themselves; it is, therefore, appropriate to monitor the compliance by Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia with these conditions;
(4) Bosnia and Herzegovina and Croatia continue to fulfil the relevant conditions; it is therefore appropriate to continue the inclusion of these countries in the regime of autonomous trade preferences;
(5) At the time of the extension of the autonomous trade preferences to the Federal Republic of Yugoslavia on 29 April 1997, the Council issued a Declaration setting out its expectations in terms of democratisation, in particular the full and speedy implementation of the Gonzalez recommendations; it also noted that in the absence of progress towards meeting these criteria, the decision granting autonomous trade preferences would be reviewed; no significant progress has been made with regard to the relevant conditions and in the light of events in Kosovo and in the region, it is still not appropriate to include the Federal Republic of Yugoslavia in the autonomous trade regime, without prejudice to the possibility of including the Federal Republic of Yugoslavia at a later stage should conditions so permit;
(6) These preferential concessions comprise exemption from customs duties and the abolition of quantitative restrictions for industrial products, except for certain products subject to tariff ceilings, and special concessions for various agricultural products;
(7) The arrangements applicable to imports of textile products originating in Bosnia and Herzegovina and Croatia are governed by the provisions of Council Regulation (EC) No 517/94 i;
(8) For the purposes of certification of origin and administrative cooperation procedures, the relevant provisions of Commission Regulation (EEC) No 2454/93 of 2 July 1993 i laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code i should be applied;
(9) Community monitoring may be achieved by means of an administrative procedure based on charging imports of the products in question against the tariff ceilings at Community level as and when those products are entered with the customs authorities for free circulation; this administrative procedure must make provision for the possibility of reintroducing customs duties as soon as the ceilings are reached at Community level;
(10) This administrative procedure requires close and particularly rapid co-operation between the Member States and the Commission, which must in particular be able to follow the progress of quantities charged against the ceilings;
(11) The decision for the opening of tariff quotas should be taken by the Community in the execution of its international obligations; to ensure the efficiency of a common administration of these quotas, there is no obstacle to authorising the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; however, this method of administration requires close co-operation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States;
(12) It is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said tariff quotas and to ensure uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up;
(13) In order to improve the efficiency and the rapidity of the management of tariff quotas and ceilings, communication between the Member States and the Commission should, as far as possible, pass by telematic link;
(14) For the sake of rationalisation and simplification, it is appropriate to provide that the Commission may, having consulted the Customs Code Committee, and without prejudice to the specific procedures provided for in Article 8 of this Regulation, make any necessary changes and technical amendments necessary to this Regulation;
(15) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i, they should be adopted by use of the management procedure provided for in Article 4 of that Decision;
(16) The Community must be able to act swiftly against the countries benefitting from this Regulation when its financial interests are damaged as a result of fraud, serious and repeated irregularities or a manifest lack of administrative co-operation in countries covered by this Regulation; having notified the Member States and the operators concerned of its reasonable doubts concerning the origin of the goods, the Commission should be able to suspend certain preferences provisionally on the basis of sufficient evidence;
(17) It is appropriate to split the existing system of global trade preferences into separate trade preferences for each of the countries concerned in accordance with existing trade flows in order to ensure a transparent and equitable share of these preferences between these countries, and to prepare possible future negotiations for an agreement; the part of the former global trade preferences corresponding to the share of imports originating in the Federal Republic of Yugoslavia will remain earmarked for potential future use by this country once the conditions are met for eligibility for the regime of autonomous trade preferences under the present Regulation; as regards wine, the global preferences will be maintained in order to avoid interference in negotiations for a separate wine agreement which have already started with Slovenia and are envisaged with the former Yugoslav Republic of Macedonia;
(18) In accordance with Council conclusions of 13 September 1999, the regime of autonomous trade preferences has been improved, namely through simplification and the reduction of tariff ceilings applicable for industrial products. An additional increase of the volumes is offered for 16 of the remaining 32 tariff ceilings for industrial products;
(19) The import arrangements are renewed on the basis of the conditions established by the Council in relation to the development of the relations between the Community and the countries concerned, including the EU's Regional Approach and the Stabilisation and Association Process for the countries of South-Eastern Europe, endorsed by the conclusions of the Council of 21/22 July 1999; withdrawal of countries from or (re)inclusion of countries for these trade arrangements can be decided at any time, including on the basis of relevant reports on compliance with the policy on conditionality of 29 April 1997; it is, therefore, appropriate, to extend the duration of these arrangements until 31 December 2001.