Proposal for a Council Regulation on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one side, and the Former Yugoslav Republic of Macedonia, of the other side and for applying the Interim Agreement between the European Community and the former Yugoslav Republic of Macedonia
Date: 2001-12-10
Institutions: European Commission
Subjects: North Macedonia, association agreement (EU), beef, customs duties, customs regulations, fishery product, meat product, tariff quota, tariff reduction, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.12.2001
COM(2001) 740 final

2001/0295 (ACC)

Proposal for a

COUNCIL REGULATION

on certain procedures for applying the Stabilisation and Association Agreement between
the European Communities and their Member States, of the one side, and the Former
Yugoslav Republic of Macedonia, of the other side and for applying the Interim
Agreement between the European Community and the former Yugoslav Republic of
Macedonia

(presented by the Commission)

EXPLANATORY MEMORANDUM

A Stabilisation and Association Agreement between the European Communities and their
Member States and the former Yugoslav Republic of Macedonia (hereinafter the “SAA”)1 has
been signed on 9 April 2001. FYROM Parliament ratified the SAA on 12 April and the European
Parliament's assent was given on 2nd May 2001. The ratification by national Parliaments will
then be needed for its conclusion and entry into force.

Therefore, pending the entry into force of the SAA, an Interim Agreement between the
European Community and the former Yugoslav Republic of Macedonia2, covering the trade
and trade-related provisions of the SAA, has been signed on 9 April in Luxembourg and
entered into force on 1st June 2001.

Art 13 to 32 of the Cooperation Agreement between the Community and the former Yugoslav
Republic of Macedonia signed on 29 April 1997 by way of exchange of letters, has been
suspended at the entry into force of the Interim Agreement.

Under the SAA and the Interim Agreement certain products originating in the former
Yugoslav Republic of Macedonia, notably "baby beef", may be imported into the Community,
within the limits of tariff quotas, at a reduced customs duty. It is therefore necessary to confer
on the Commission the power to adopt the necessary detailed rules on implementation for the
opening and application of these tariff concessions, similar to the power delegated to the
Commission by the Council Regulation (EC) No 77/98 of 9 January 19983 which was
regulating the application of the Cooperation Agreement.

Furthermore, since within the framework of the agreed tariff concessions preferential duty
rates are phased out progressively, there is a need to lay down specific provisions on tariff
reductions and management of tariff quotas.

This draft regulation therefore includes the necessary provisions for the initial application of
the Interim Agreement, and thereafter the SAA when it comes into force. It will become
applicable on the date of its adoption. In addition, it includes the necessary provisions for
application of further concessions which might be granted in application of Article 29 of the
SAA and of Article 16 of the Interim Agreement.

In the light of the above, the Commission proposes that the Council:

–

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2

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adopts the enclosed proposal for a Regulation on certain procedures for applying the
Stabilisation and Association Agreement between the European Communities and
their Member States, of the one side, and the former Yugoslav Republic of
Macedonia, of the other side and for applying the Interim Agreement between the
European Community and the Former Yugoslav Republic of Macedonia.

COM (2001) 90 of 19 February 2001
OJ L 124, 4.5.2001 p.1
OJ L 8, 14.1.1998, p. 1

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2001/0295 (ACC)

Proposal for a

COUNCIL REGULATION

on certain procedures for applying the Stabilisation and Association Agreement between
the European Communities and their Member States, of the one side, and the Former
Yugoslav Republic of Macedonia, of the other side and for applying the Interim
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
133 thereof,

Having regard to the proposal from the Commission4,

Whereas:

(1)

(2)

(3)

(4)

The Council is in the process of concluding a Stabilisation and Association Agreement
between the European Communities and their Member States, on one side, and the
former Yugoslav Republic of Macedonia, on the other side5, which was signed in
Luxembourg on 9 April 2001 (hereinafter referred to as "the Stabilisation and
Association Agreement").

Meanwhile on 9 April 2001 the Council has concluded an Interim Agreement between
the European Community and the Former Yugoslav Republic of Macedonia6 which
provides for the early entry into force of the trade and trade-related provisions of the
Stabilisation and Association Agreement (hereinafter referred to as the “Interim
Agreement”).

It is necessary to lay down the procedures for the application of certain provisions of
these Agreements.

The Stabilisation and Association Agreement and the Interim Agreement stipulate that
certain products originating in the former Yugoslav Republic of Macedonia may be
imported into the Community, within the limits of tariff quotas, at a reduced customs
duty. It is therefore necessary to lay down provisions for the calculation of the reduced
rates of customs duties.

(5)

The Stabilisation and Association Agreement and the Interim Agreement already
specify the products eligible for those tariff measures, the relevant volumes (and

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5

6

OJ C , , p. .
COM (2001) 90 of 19 February 2001
OJ L 124, 4.5.2001 p.1

3

increases thereof), the applicable duties, periods of application and any eligibility
criteria.

Council or Commission Decisions amending the Combined Nomenclature and Taric
codes do not entail any substantive changes.

In the interest of simplicity and of timely publication of regulations implementing
Community tariff quotas, provision should be made for the Commission, assisted by
the Committee provided for in Article 42 of Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the market in beef and veal7, to adopt
the regulations opening up and providing for the administration of the tariff quotas for
“baby beef” products.

Provision should be made for the Commission, assisted by the Committee set up by
Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code8, to adopt the regulations opening and
providing for the administration of tariff quotas which might be granted as a result of
negotiations on further
the
Stabilisation and Association Agreement and of Article 16 of the Interim Agreement.

tariff concessions in application of Article 29 of

Duties should be totally suspended where preferential treatment results in ad valorem
duties of 1% or less, or in specific duties of EUR 1 or less.

This regulation should be applied immediately after its adoption and will remain in
application upon the entry into force of the Stabilisation and Association Agreement.

The measures necessary for the implementation of this Regulation should be adopted
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission9.

(6)

(7)

(8)

(9)

(10)

(11)

HAS ADOPTED THIS REGULATION:

Article 1
Subject matter

The Council hereby sets down certain procedures for the adoption of detailed rules for the
implementation of certain provisions of the Stabilisation and Association Agreement between
the European Communities and their Member States, of the one side, and the former
Yugoslav Republic of Macedonia, of
referred to as the
“Stabilisation and Association Agreement”) and the Interim Agreement between the European
Community and the former Yugoslav Republic of Macedonia (hereinafter referred to as the
“Interim Agreement”).

the other side (hereinafter

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9

OJ L 160, 26.6.1999, p. 21.
OJ L 302,19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311,
12.12.2000, p. 17).
OJ L 184, 17.7.1999, p. 23.

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Article 2
Concessions on baby-beef

Detailed rules for the implementation of Article 14.2 of the Interim Agreement, and thereafter
Article 27.2 of the Stabilisation and Association Agreement, concerning the tariff quota for
"baby-beef" products shall be adopted by the Commission in accordance with the procedure
referred to in Article 3.

Article 3
Applicable procedure

1.

2.

The Commission shall be assisted by the Committee provided for in Article 42 of
Council Regulation (EC) N°1254/1999.

Where reference is made to this paragraph, Articles 4 and 7 of Council Decision
1999/468/EC shall apply.

The period laid down in Article 4(3) of Council Decision 1999/468/EC shall be set at
one month.

3.

The Committee shall adopt its rules of procedure.

Article 4
Further concessions

If additional concessions for fishery products are granted within tariff quotas, in application of
Article 29 of the Stabilisation and Association Agreement and of Article 16 of the Interim
Agreement, detailed rules for the implementation of these tariff quotas shall be adopted by the
Commission in accordance with the procedure set out in Article 5.

Article 5
Applicable procedure

1.

2.

The Commission shall be assisted by the Customs Code Committee set up by Article
248a of Council Regulation (EEC) No 2913/92.

Where reference is made to this paragraph, Articles 4 and 7 of Council Decision
1999/468/EC shall apply.

The period laid down in Article 4(3) of Council Decision 1999/468/EC shall be set at
three months.

3.

The Committee shall adopt its rules of procedure.

Article 6
Tariff reductions

1.

Subject to paragraph 2, rates of preferential duty shall be rounded down to the first
decimal place.

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2.

Where the result of calculating the rate of preferential duty in application of
paragraph 1 is one of the following, the preferential rate shall be considered a full
exemption:

a)

or

b)

1% or less in the case of ad valorem duties,

EUR 1 or less per individual amount in the case of specific duties.

Article 7
Technical adaptations

Amendments and technical adaptations to the detailed rules on implementation adopted
pursuant
to this Regulation, which are necessary following changes to the Combined
Nomenclature codes and to the Taric-subdivisions or arising from the conclusion of new
agreements, protocols, exchanges of letters or other acts between the Community and the
former Yugoslav Republic of Macedonia, shall be adopted in accordance with the procedures
set out in Article 3 and Article 5 of this Regulation.

Article 8
Application and entry into force

This Regulation shall apply retroactively from 1 June 2001.

Done at Brussels,

For the Council
The President

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