Council Regulation (EC) No 77/98 of 9 January 1998 on certain procedures for applying the Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia
Date: 1998-01-09
Institutions: Council of the European Union
Subjects: North Macedonia, agricultural product, cooperation agreement (EU), import, iron and steel product, tariff ceiling

14. 1. 98

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 77/98

of 9 January 1998

on certain procedures for applying the Cooperation Agreement between the
European Community and 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 Agree-
ment between the European Community and the former
Yugoslav Republic of Macedonia (1), hereinafter referred to
as ‘the Agreement’;

Whereas it is necessary to lay down the procedures for
applying certain provisions of the Agreement;

those tariff measures,

Whereas the Agreement stipulates that certain products
originating in the former Yugoslav Republic of Mace-
donia 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
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
to establish the Community statistical
tariff ceilings,
imports in the framework of
surveillance system for
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;

Whereas, as soon as a tariff ceiling is reached,
the end of
Community may reintroduce, until

the
the

the customs duties applicable to third
calendar year,
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
the ceiling
volume; whereas provision should therefore be made for
the Commission to adopt those measures rapidly,

increase by 5 % of

HAS ADOPTED THIS REGULATION:

Article 1

the
Provisions for the application of Article 15(2) of
Agreement, concerning cattle, sheep and goats and beef,
sheepmeat, goatmeat and sour cherries, shall be adopted
in accordance with the procedure provided for
in
Article 27 of Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organization of the market
in beef and veal (2) or in the corresponding provisions of
other regulations establishing a common organization 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 Agree-
ment 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 quant-
ities by tariff ceilings as provided for by Article 15(5) of
the Agreement, as well as amendments and technical

(1) OJ L 348, 18. 12. 1997, p. 2.

(2) OJ L 148, 28.6.1968, p. 24. Regulation as last amended by Re-
gulation (EC) No 2321/97 (OJ L 322, 25.11.1997, p. 25).

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Official Journal of the European Communities

14. 1. 98

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 Commis-
sion, assisted by the Customs Code Committee, in ac-
cordance 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 de-
livered 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.

The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in ac-
cordance with the opinion of the committee, they shall be
communicated by the Commission to the Council forth-
with. In that event:

(a) the Commission may defer

the
measures which it has decided for a period of not
more than one month from the date of such com-
munication;

application of

3.
The Committee may examine any question con-
cerning 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 Commis-
1.
sion may adopt a regulation re-establishing, until the end
of the calendar year, the customs duties applicable to
third countries in respect of
the products
concerned.

imports of

If, during two consecutive years,

2.
imports of a
product listed in Annex C to the Agreement have been
less
the
Commission may adopt a regulation suspending the tariff
ceiling in question.

than 80 % of

laid down,

amount

the

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 post-
increase by 5 % of the tariff ceiling
pone the annual
volume.

Article 4

This Regulation shall enter into force on the day fol-
lowing that of its publication in the Official Journal of
the European Communities.

(b) the Council, acting by a qualified majority, may take a
different decision within the time limit referred to in
point (a).

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, 9 January 1998.

For the Council

The President

D. HENDERSON