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
Date: 1997-12-03
Institutions: European Commission
Subjects: North Macedonia, cooperation agreement (EU), customs duties, import, tariff quota

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 
former Yugoslav  Republic  of  Macedonia  is  now  expected  to  enter  into  force  on 
1 January 1998. 

the  European  Community  and 

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. 

2. 

iron  and  steel  products, 

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 
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. 

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. 

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 

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. 

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. 

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 

3. 

1. 

2. 

3. 

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 
former Yugoslav Republic of Macedonia. 

the  European  Community  and 

4.  Objective: 

to  provide 
Cooperation  Agreement  between 
former Yugoslav Republic of Macedonia. 

for  the  necessary  procedures 

for  applying 
the  European  Community  and 

the 
the 

5. 

6. 

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. 

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 

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