02009R1215 — EN — 15.08.2017 — 005.001

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►B COUNCIL REGULATION (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process (codified version) (OJ L 328 15.12.2009, p. 1)

Amended by:









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COUNCIL REGULATION (EC) No 1215/2009

of 30 November 2009

introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process

(codified version)







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Article 1

Preferential arrangements

1. The products originating in Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the customs territory of Kosovo, Montenegro, and in Serbia 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 Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the customs territory of Kosovo, Montenegro and in Serbia shall continue to benefit from the provisions of this Regulation where so indicated. 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 countries.

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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:

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(a) compliance with the definition of ‘originating products’ provided for in Part I, Title IV, Chapter 2, Section 2 of Regulation (EEC) No 2454/93;

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(b) the abstention of the countries and territories referred to in Article 1 from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect in respect of imports originating in the Community or from increasing existing levels of duties or charges or from introducing any other restrictions from 30 September 2000; and

(c) the involvement of beneficiaries in effective administrative cooperation with the Community in order to prevent any risk of fraud; and

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(d) the abstention of the countries and territories referred to in Article 1 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.

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2. Without prejudice to the conditions provided for in paragraph 1, entitlement to benefit from the preferential arrangements introduced by Article 1 shall be subject to the readiness of the beneficiary countries 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 that respect, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal.

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3. In the event of non-compliance by a country or territory with point (a), (b) or (c) of paragraph 1 or with paragraph 2, the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the country or territory concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).

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Article 3

Agricultural products — tariff quotas

1. For certain fishery products and for wine, as listed in Annex I, originating in the countries and territories referred to in Article 1, the customs duties applicable to imports into the Community shall be suspended during the periods, at the levels, within the limits of the Community tariff quotas and under the conditions indicated for each product and origin set out in that Annex.

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2. The customs duties applicable to imports into the Union of ‘baby-beef’ products defined in Annex II and originating in the customs territory of Kosovo, 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 ►M5 0 tonnes ◄ expressed in carcase weight.

Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. That certificate shall be drawn up by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).

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4. 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(4).

Article 4

Implementation of tariff quota for ‘baby beef’

The detailed rules for implementing the tariff quota for ‘baby-beef’ products shall be determined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).

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Article 5

Administration of tariff quotas

The tariff quotas referred to in Article 3(1) of this Regulation 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 6

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.

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Article 7

Conferral of powers

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

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

(b) necessary adjustments following the granting of trade preferences under other arrangements between the Union and the countries and territories referred to in Article 1;

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

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Article 7a

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.

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2. The power to adopt delegated acts referred to in Article 7 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 7 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.

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4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 7 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.

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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 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 ( 1 ).

2. For the purposes of Article 3(4), the Commission shall be assisted by the committee established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports ( 2 ). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

3. For the purposes of Article 3(2) and Article 4, the Commission shall be assisted by the committee established by Article 195(1) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ( 3 ). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

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Article 9

Cooperation

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

Article 10

Temporary suspension

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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 of compliance with the provisions of point (a), (b) or (c) of Article 2(1) by the countries and territories referred to in Article 1, 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:

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(a) informed the Western Balkans Implementation Committee;

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(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 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 country or territory concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.

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The measures referred to in the first subparagraph 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(4).

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3. 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.

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Article 11

Repeal

Regulation (EC) No 2007/2000 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 IV.

Article 12

Entry into force and application

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

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It shall apply until 31 December 2020.

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

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ANNEX I

CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 3(1)

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is deemed to be indicative only, and the preferential scheme is determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by the combined application of the CN code and the corresponding description.







Order No CN Code Description Quota volume per year (1) Beneficiaries Rate of duty 09.1571 0301 91 00 0302 11 00 0303 14 00 0304 42 00 ex 0304 52 00 0304 82 00 ex 0304 99 21 ex 0305 10 00 ex 0305 39 90 0305 43 00 ex 0305 59 85 ex 0305 69 80 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption 0 tonne Customs territory of Kosovo (2) 0 % 09.1573 0301 93 00 0302 73 00 0303 25 00 ex 0304 39 00 ex 0304 51 00 ex 0304 69 00 ex 0304 93 90 ex 0305 10 00 ex 0305 31 00 ex 0305 44 90 ex 0305 52 00 ex 0305 64 00 Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption 0 tonne Customs territory of Kosovo (2) 0 % 09.1575 ex 0301 99 85 0302 85 10 0303 89 50 ex 0304 49 90 ex 0304 59 90 ex 0304 89 90 ex 0304 99 99 ex 0305 10 00 ex 0305 39 90 ex 0305 49 80 ex 0305 59 85 ex 0305 69 80 Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption 0 tonne Customs territory of Kosovo (2) 0 % 09.1577 ex 0301 99 85 0302 84 10 0303 84 10 ex 0304 49 90 ex 0304 59 90 ex 0304 89 90 ex 0304 99 99 ex 0305 10 00 ex 0305 39 90 ex 0305 49 80 ex 0305 59 85 ex 0305 69 80 European sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried; salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption 0 tonne Customs territory of Kosovo (2) 0 % 09.1530 ex 2204 21 93 ex 2204 21 94 ex 2204 21 95 ex 2204 21 96 ex 2204 21 97 ex 2204 21 98 ex 2204 22 93 ex 2204 22 94 ex 2204 22 95 ex 2204 22 96 ex 2204 22 97 ex 2204 22 98 ex 2204 29 93 ex 2204 29 94 ex 2204 29 95 ex 2204 29 96 ex 2204 29 97 ex 2204 29 98 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 30 000 hl Albania (3), Bosnia and Herzegovina (4), Customs territory of Kosovo (5), the former Yugoslav Republic of Macedonia (6), Montenegro (7), Serbia (8). Exemption 09.1560 ex 2204 21 93 ex 2204 21 94 ex 2204 21 95 ex 2204 21 96 ex 2204 21 97 ex 2204 21 98 ex 2204 22 93 ex 2204 22 94 ex 2204 22 95 ex 2204 22 96 ex 2204 22 97 ex 2204 22 98 ex 2204 29 93 ex 2204 29 94 ex 2204 29 95 ex 2204 29 96 ex 2204 29 97 ex 2204 29 98 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 0 hl Customs territory of Kosovo (2) 0 % (1) One global volume per tariff quota accessible to imports originating in the beneficiaries. (2) Subject to import restrictions specified under Annex IV or Protocol II of the Stabilisation and Association Agreement between the European Union, of the one part, and Kosovo (this designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence), of the other part (3) Access for wine originating in Albania to the global tariff quota is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine concluded with Albania. That individual quota is opened under order No 09.1512 and 09.1513. (4) Access for wine originating in Bosnia and Herzegovina to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Bosnia and Herzegovina. Those individual quotas are opened under order Nos 09.1528 and 09.1529. (5) Access for wine originating in Kosovo to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Kosovo. Those individual quotas are opened under order Nos 09.1570 and 09.1572. (6) Access for wine originating in the former Yugoslav Republic of Macedonia to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Additional Protocol on wine concluded with the former Yugoslav Republic of Macedonia. Those individual quotas are opened under order Nos 09.1558 and 09.1559. (7) Access for wine originating in Montenegro to the global tariff quota, insofar as it concerns products of CN code 2204 21 , is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine concluded with Montenegro. That individual tariff quota is opened under order No 09.1514. (8) Access for wine originating in Serbia to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Serbia. Those individual quotas are opened under order Nos 09.1526 and 09.1527.

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ANNEX II

Definition of ‘baby beef’ products referred to in Article 3(2)

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.







CN code TARIC subdivision Description Live bovine animals: – Other: – – Domestic species: – – – Of a weight exceeding 300 kg: – – – – Heifers (female bovines that have never calved): ex 0102 90 51 – – – – – For slaughter: 10 – Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg (1) ex 0102 90 59 – – – – – Other: 11 21 31 91 – Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg (1) – – – – Other: ex 0102 90 71 – – – – – For slaughter: 10 – Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg (1) ex 0102 90 79 – – – – – Other: 21 91 – Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg (1) Meat of bovine animals, fresh or chilled: ex 0201 10 00 – Carcasses and half-carcasses 91 – Carcasses of a weight of 180 kg or more but not exceeding 300 kg, and half carcasses of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) – Other cuts with bone in: ex 0201 20 20 – – ‘Compensated’ quarters: 91 – ‘Compensated’ quarters of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) ex 0201 20 30 – – Unseparated or separated forequarters: 91 – Separated forequarters, of a weight of 45 kg or more but not exceeding 75 kg, with a low degree of ossification of the cartilages (in particular those of the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) ex 0201 20 50 – – Unseparated or separated hindquarters: 91 – Separated hindquarters of a weight of 45 kg or more but not exceeding 75 kg (but 38 kg or more and not exceeding 68 kg in the case of ‘Pistola’ cuts), with a low degree of ossification of the cartilages (in particular those of the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour (1) (1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.









ANNEX III







Repealed Regulation with list of its successive amendments Council Regulation (EC) No 2007/2000 (OJ L 240, 23.9.2000, p. 1). Council Regulation (EC) No 2563/2000 (OJ L 295, 23.11.2000, p. 1). Commission Regulation (EC) No 2487/2001 (OJ L 335, 19.12.2001, p. 9). Commission Regulation (EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18). only Article 1 Council Regulation (EC) No 374/2005 (OJ L 59, 5.3.2005, p. 1). Commission Regulation (EC) No 1282/2005 (OJ L 203, 4.8.2005, p. 6). Council Regulation (EC) No 1946/2005 (OJ L 312, 29.11.2005, p. 1). Council Regulation (EC) No 530/2007 (OJ L 125, 15.5.2007, p. 1). Commission Regulation (EC) No 407/2008 (OJ L 122, 8.5.2008, p. 7).









ANNEX IV







Correlation table Regulation (EC) No 2007/2000 This Regulation Article 1(1) Article 1(1) Article 1(2) Article 1(3) Article 1(3) Article 1(2) Article 2 Article 2 Article 4(1) Article 3(1) Article 4(2), first subparagraph Article 3(2), first subparagraph Article 4(2), second subparagraph, introductory wording Article 3(2), second subparagraph, introductory wording Article 4(2), second subparagraph, point (a) Article 3(2), second subparagraph, point (a) Article 4(2), second subparagraph, point (d) Article 3(2), second subparagraph, point (b) Article 4(2), third and fourth subparagraphs Article 3(2), third and fourth subparagraphs Article 4(3) Article 3(4) Article 4(4) Article 3(3) Article 6 Article 4 Article 7 Article 5 Article 8 Article 6 Article 9 Article 7 Article 10 Article 8 Article 11 Article 9 Article 12 Article 10 Article 13 — Article 14 — Article 15 — Article 16 — — Article 11 Article 17 Article 12 Annex I Annex I Annex II Annex II — Annex III — Annex IV