Council Regulation (EC) No 153/2002 of 21 January 2002 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, and for applying the Interim Agreement between the European Community and the Former Yugoslav Republic of Macedonia
Date: 2002-01-21
Institutions: Council of the European Union
Subjects: North Macedonia, beef, interim agreement (EU), stabilisation and association agreement, tariff preference, tariff quota

L 25/16

EN

Official Journal of the European Communities

29.1.2002

COUNCIL REGULATION (EC) No 153/2002

of 21 January 2002

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The Council is in the process of concluding a Stabilisa-
tion and Association Agreement between the European
Communities and their Member States, of the one part,
and the Former Yugoslav Republic of Macedonia, of the
other part, which was signed in Luxembourg on 9 April
2001 (hereinafter referred to as ‘the Stabilisation and
Association Agreement’).

between

Interim Agreement

Meanwhile on 9 April 2001 the Council has concluded
an
European
Community and the Former Yugoslav Republic of Mace-
donia (1) 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’).

the

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 origin-
ating 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.

The Stabilisation and Association Agreement and the
Interim Agreement already specify the products eligible
for those tariff measures,
the relevant volumes (and
increases
the applicable duties, periods of
thereof),
application and any eligibility criteria.

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

amending

In the interest of simplicity and of timely publication of
Regulations
implementing Community tariff quotas,
provision should be made for the Commission, assisted

(1) OJ L 124, 4.5.2001, p. 1.

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 veal (2),
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 Code (3), to adopt
the Regulations opening and providing for the adminis-
tration of tariff quotas which might be granted as a
result of negotiations on further
tariff concessions
pursuant to Article 29 of the Stabilisation and Associa-
tion Agreement and of Article 16 of the Interim Agree-
ment.

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 retroactively and will
continue to apply 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 Commission (4),

(8)

(9)

(10)

(11)

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

The Council hereby sets down certain procedures for the adop-
tion of detailed rules for the implementation of certain provi-
sions of the Stabilisation and Association Agreement between
the European Communities and their Member States, of the
one part, and the Former Yugoslav Republic of Macedonia, of
the other part (hereinafter 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 Agree-
ment’).

(2) OJ L 160, 26.6.1999, p. 21.
(3) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

(4) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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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 Stabilisa-
tion 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 of this
Regulation.

Article 3

Applicable procedure

1.
The Commission shall be assisted by the Committee
provided for in Article 42 of Regulation (EC) No 1254/1999.

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

The period laid down in Article 4(3) of 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, pursuant to 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 of this Regulation.

Article 5

Applicable procedure

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

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

3.

The Committee shall adopt its rules of procedure.

Article 6

Tariff reductions

Subject to paragraph 2, rates of preferential duty shall be

1.
rounded down to the first decimal place.

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

(b) 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 Yugo-
slav Republic of Macedonia, shall be adopted in accordance
with the procedures set out in Article 3 and Article 5.

Article 8

Entry into force and application

1.
The Commission shall be assisted by the Customs Code
Committee set up by Article 248a of Regulation (EEC) No
2913/92.

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 June 2001.

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

Done at Brussels, 21 January 2002.

For the Council

The President

M. ARIAS CAÑETE