COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03.12.1997 
COM(97) 538 final 
97/0307 (ÀCC) 
Proposal for a 
COUNCIL REGULATION (EC) 
on certain procedures for applying the Cooperation Agreement between the 
European Community and the former Yugoslav Republic of Macedonia 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The Cooperation Agreement between the European Community and the 
former Yugoslav Republic of Macedonia is now expected to enter into force on 
1 January 1998. 
This Regulation allows for the Commission to open and provide for the administration 
of tariff quotas and tariff ceilings and establish a Community statistical surveillance 
system for imports in the framework of reference quantities, as they are provided for 
under the Agreement. 
It enables the Commission to adopt the necessary amendments and technical 
adaptations to these tariff quotas, tariff ceilings and reference quantities, which result 
from amendments to the Combined Nomenclature and Taric codes as well as 
adaptations arising from the conclusion of agreements, protocols or exchanges of 
letters between the Community and the former Yugoslav Republic of Macedonia. 
It delegates to the Commission the power to replace a reference quantity by an equal 
tariff ceiling when a reference quantity is exceeded, to suspend a tariff ceiling if, during 
two consecutive years, imports of a product listed in Annex C to the Agreement have 
been less than 80% of the ceiling volume and to extend for a period of one year the 
ceiling or ceilings set for the preceding year if it is considered appropriate to postpone 
the annual increase by 5% of the ceiling volume. 
It also enables the Commission to adopt, as soon as a tariff ceiling is reached, a 
regulation reintroducing, until the end of the calendar year, customs duties applicable 
to third countries in respect of imports of the products concerned. 
* 
Proposal for a 
COUNCIL REGULATION (EC) 
on certain procedures for applying the Cooperation Agreement between the 
European Community arid the former Yugoslav Republic of Macedonia 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Council has concluded a Cooperation Agreement between the 
European Community and the former Yugoslav Republic of Macedonia1, hereinafter 
referred to as "the Agreement"; 
Whereas it is necessary to lay down the procedures for applying certain provisions of 
the Agreement; 
Whereas the Agreement stipulates that certain products originating in the former 
Yugoslav Republic of Macedonia may be imported into the Community, within the 
limits of tariff quotas or tariff ceilings or in the framework of reference quantities, at a 
reduced or a zero rate of customs duty; whereas the Agreement already specifies the 
products eligible for those tariff measures, their volumes and annual increase of the 
volumes, their duties, periods and any eligibility criteria; whereas amendments to the 
Combined Nomenclature and Taric codes and adaptations arising from the conclusion 
of agreements, protocols or exchanges of letters between the Community and the 
former Yugoslav Republic of Macedonia do not involve changes of substance; 
whereas, in the interest of simplicity, provision should therefore be made for the 
Commission, assisted by the Customs Code Committee, to adopt the implementing 
regulations opening and providing for the administration of the tariff quotas and tariff 
ceilings, to establish the Community statistical surveillance system for imports in the 
framework of reference quantities as well as to make the necessary amendments and 
technical adaptations to the annexes of the implementing Regulations; 
Whereas the Agreement provides for the Community to have the possibility to replace 
a reference quantity by an equal tariff ceiling when a reference quantity is exceeded; 
whereas in these circumstances, provision should be made for the Commission to 
adopt the necessary measures; 
OJL 
Whereas, as soon as a tariff ceiling is reached, the Community may reintroduce, until 
the end of the calendar year, the customs duties applicable to third countries in respect 
of the product concerned; whereas, with a view to protecting the interests of 
Community producers, those measures may need to be adopted on a very short 
timescale; whereas the Agreement provides for the Community to have the possibility 
to suspend a tariff ceiling if, during two consecutive years, imports of a product 
listed in Annex C thereto have been less than 80% of the ceiling volume; whereas 
the Agreement also provides for the Community to have the possibility to extend for 
a period of one year the ceiling or ceilings set for the preceding year if it is 
considered appropriate to postpone the annual increase by 5% of the ceiling volume; 
whereas provision should therefore be made for the Commission to adopt those 
measures rapidly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Provisions for the application of Article 15(2) of the Agreement, concerning baby-beef, 
sheep, goats, sheepmeat and goatmeat and sour cherries, shall be adopted in 
accordance with the procedure provided for in Article 27 of Council Regulation (EEC) 
No 805/682 or in the corresponding provisions of other regulations establishing a 
common organisation of the agricultural markets. 
Article 2 
1. Without prejudice to Article 1, provisions for the application of tariff quotas, 
tariff ceilings and reference quantities provided for in Annexes C and D to the 
Agreement and in Annex I to the Protocol to the Agreement on additional 
trade arrangements for certain iron and steel products, including the 
replacement of reference quantities by tariff ceilings as provided for by 
Article 15(5) of the Agreement, as well as amendments and technical 
adaptations made necessary by amendments to the Combined Nomenclature 
and Taric codes or arising from the conclusion of agreements, protocols or 
exchanges of letters between the Community and the former Yugoslav 
Republic of Macedonia, shall be adopted by the Commission, assisted by the 
Customs Code Committee, in accordance with the procedure set out in 
paragraph 2 of this Article. 
2. The representative of the Commission shall submit to the Committee a draft of 
the measures to be taken. The Committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down according to the urgency 
of the matter. The opinion shall be delivered by the majority laid down in 
Article 148(2) of the Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. The votes of the 
representatives of the Member States within the Committee shall be weighted 
in the manner set out in that Article. The chairman shall not vote. 
OJL 148, 28.6.1968, p. 24. 
The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not in accordance with the opinion of the 
Committee, they shall be communicated by the Commission to the Council 
forthwith. In that event: 
the Commission may defer application of the measures which it has 
decided for a period of not more than one month from the date of 
such communication; 
the Council, acting by qualified majority, may take a different decision 
within the period referred to in the first indent. 
3. The Committee may examine any question concerning the application of tariff 
quotas, tariff ceilings and reference quantities, which is raised by its chairman 
either at the latter's initiative or at the request of a Member State. 
Article 3 
1. As soon as a tariff ceiling is reached, the Commission may adopt a regulation 
re-establishing, until the end of the calendar year, the customs duties applicable 
to third countries in respect of imports of the products concerned. 
2. If, during two consecutive years, imports of a product listed in Annex C to the 
Agreement have been less than 80% of the amount laid down, the Commission 
may adopt a regulation suspending the tariff ceiling in question. 
3. The Commission may adopt a regulation extending for a period of one year the 
tariff ceiling or ceilings set for the preceding year if it is considered appropriate 
to postpone the annual increase by 5% of the tariff ceiling volume. 
Article 4 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Communities. 
It shall apply from the date of entry into force of the Agreement. That date will be 
published in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, For the Council 
The President 
FINANCIAL STATEMENT 
1. Budget heading involved: Chapter 12, Article 120 
2. Legal Basis: Article 113 of the Treaty 
3. Title of the measure: 
Proposal for a Council Regulation (EC) on certain procedures for applying the 
Cooperation Agreement between the European Community and the 
former Yugoslav Republic of Macedonia. 
4. Objective: to provide for the necessary procedures for applying the 
Cooperation Agreement between the European Community and the 
former Yugoslav Republic of Macedonia. 
5. Financial repercussions: This Regulation does not entail any financial losses or 
gains, other than those foreseen in the financial statement made on the occasion 
of the Decision adopting the Agreement. 
6. Fight against fraud: Provisions on the management of tariff quotas and tariff 
ceilings include the measures necessary for preventing and protecting against 
fraud and irregularities. 
ISSN 0254-1475 
COM(97) 538 final 
DOCUMENTS 
EN 11 02 
Catalogue number : CB-C0-97-582-EN-C 
ISBN 92-78-26758-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg