Proposal for a Council Regulation amending 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: 2002-10-24
Institutions: European Commission
Subjects: North Macedonia, association agreement (EU), beef, fishery product, fraud, interim agreement (EU), protective clause, tariff quota

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Proposal for a Council Regulation amending 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

(2003/C 45 E/14)

COM(2002) 580 final — 2002/0252(ACC)

(Submitted by the Commission on 24 October 2002)

EXPLANATORY MEMORANDUM

A 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 was signed at
Luxembourg on 9 April 2001. It will be concluded once the Parliaments of the Member States have
completed the ratification process.

Meanwhile on 9 April 2001 the Council concluded an Interim Agreement on trade and trade-related
matters between the European Community, of the one part, and the former Yugoslav Republic of
Macedonia, of the other part, which provides for the early entry into force of the trade and trade-related
provisions of the Stabilisation and Association Agreement. This agreement entered into force on 1 June
2001.

Council Regulation (EC) No 153/2002 of 21 January 2002 lays down the procedures for applying certain
provisions of these agreements. However, the Regulation does not contain specific procedures for applying
the following articles of the Interim Agreement: Article 17, safeguard clause for agricultural and fisheries
products (= Article 30 of the Stabilisation and Association Agreement), Article 23, dumping (= Articles 36
of the Stabilisation and Association Agreement), Articles 24 and 25, general safeguard clause and shortage
clause (= Articles 37 and 38 of the Stabilisation and Association Agreement), Article 29, anti-fraud clause
(= Article 42 of the Stabilisation and Association Agreement), nor for Article 33, competition (= Article 69
of the Stabilisation and Association Agreement).

Therefore an amendment to Council Regulation (EC) No 153/2002 of 21 January 2002 is proposed. This
is necessary to provide for quick and efficient procedures, especially in situations when the Community has
to react quickly to urgent situations requiring actions such as safeguard or anti-fraud measures.

The matter is urgent because of a specific case pending (sugar imports from Croatia), which necessitates
the quick establishment of the necessary implementing procedures.

It is therefore proposed that the Council approve the attached proposal.

THE COUNCIL OF THE EUROPEAN UNION,

April 2001 (hereinafter referred to as ‘Stabilisation and
Association Agreement’).

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) The Council is in the process of concluding a Stabilisation
and Association Agreement
European
Communities and their Member States, of the one part,
and the former Yugoslav Republic of Macedonia, of the
other part (1), which was signed at Luxembourg on 9

between

the

(2) Meanwhile on 9 April 2001 the Council has concluded an
Interim Agreement on trade and trade-related matters
between the European Community, of the one part, and
the former Yugoslav Republic of Macedonia, of the other
part (2), 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 ‘Interim
Agreement’). The Interim Agreement entered into force on
1 June 2001.

(1) OJ C 213 E, 31.7.2001, p. 22.

(2) OJ L 124, 4.5.2001, p. 2.

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lays down procedures

(3) Council Regulation (EC) No 153/2002 of 21 January
2002 (1)
some
provisions of these agreements. It is, however, necessary
to lay down procedures for applying certain additional
provisions of these agreements.

applying

for

(4) With regard to trade defence measures, it is appropriate to
lay down specific provisions concerning the general rules
provided for in Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports
from countries
European
Community (2).

not members

the

of

(5) This Regulation should continue to apply after entry into
force of the Stabilisation and Association Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

In Council Regulation (EC) No 153/2002 of 21 January 2002
the following Articles 7a to 7g are inserted:

‘Article 7a

General safeguard clause and shortage clause

1. Where a Member State requests the Commission to
take measures as provided for in Articles 24 and 25 of the
Interim Agreement, and thereafter Articles 37 and 38 of
shall
the Stabilisation and Association Agreement,
provide the Commission,
in support of its request, with
the information needed to justify it.

it

The Commission shall be assisted by the Advisory
2.
Committee established by Article 4 of Council Regulation
(EC) No 3285/94 (*)
“the
(hereinafter
Committee”). When reference is made to this Committee,
Article 3 of Council Decision 1999/468/EC (**) shall apply.

referred to as

3. Where the Commission, at the request of a Member
State or on its own initiative, finds that the conditions laid
down in Articles 24 and 25 of the Interim Agreement, and
the Stabilisation and
thereafter Articles 37 and 38 of
Association Agreement are fulfilled, it shall:

— inform the Member States forthwith if acting on its own
it is responding to a Member States
the date of

initiative or,
request, within five working days of
receipt of that request,

if

— consult the Committee on the proposed measures,

— at the same time inform the former Yugoslav Republic
of Macedonia and shall notify it of the opening of the
consultations within the Co-operation Council, and

(1) OJ L 25, 29.1.2002, p. 16.
(2) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation
(EC) No 2238/2000 of 9 October 2000 (OJ L 257, 11.10.2000,
p. 2).

thereafter the Stabilisation and Association Committee
as provided for in Article 24 (4) and Article 25 (3) of
the Interim Agreement, and thereafter Articles 37 (4)
and 38 (3) of
the Stabilisation and Association
Agreement,

— at the same time provide the Co-operation Council, and
thereafter the Stabilisation and Association Committee
the information necessary for these consul-
with all
tations as provided for in Article 24 (3) and Article
the Interim Agreement, and thereafter
25 (3) of
Articles 37 (3) and 38 (3) of
the Stabilisation and
Association Agreement.

4.
On the completion of the consultations and if no
other arrangement proves possible, the Commission, after
consulting the Committee, may decide on appropriate
measures as provided for in Articles 24 and 25 of the
Interim Agreement, and thereafter Articles 37 and 38 of
the Stabilisation and Association Agreement.

This decision shall be notified forthwith to the Council; it
shall also be notified to the Co-operation Council, and
thereafter the Stabilisation and Association Committee.

The decision shall be applicable immediately.

Any Member State may refer

5.
the Commission's
decision referred to in paragraph 4 to the Council within
ten working days of receiving notification of the decision.

The Council, acting by a qualified majority, may take a
different decision within two months.

If the Commission decides not to take measures as
6.
provided for
the Interim
in Articles 24 and 25 of
Agreement, and thereafter Articles 37 and 38 of the Stabili-
sation and Association Agreement,
inform the
Council accordingly within five working days of receipt
of the request from the Member State.

it shall

the
Any Member State may refer
Commission to the Council within 10 working days of its
notification.

this decision of

indicates its
If the Council, acting by qualified majority,
intention to adopt a different decision, the Commission
shall
inform the former Yugoslav Republic of Macedonia
thereof forthwith and shall notify it of the opening of the
and
consultations within the Co-operation Council,
thereafter the Stabilisation and Association Committee as
provided for in Article 24 (3) and (4) and Article 25 (3)
of the Interim Agreement, and thereafter Articles 37 (3) and
(4) and 38 (3) of
the Stabilisation and Association
Agreement.

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The Council, acting by qualified majority, may take a
7.
different decision within two months of the conclusion of
the consultations with the former Yugoslav Republic of
Macedonia within the Co-operation Council, and thereafter
the Stabilisation and Association Committee.

thereafter

The consultations within the Co-operation Council,
8.
and
Association
Stabilisation
Committee shall be deemed to be completed 30 days
after the notification referred to in paragraphs 3 and 6.

and

the

___________
(*) OJ L 349, 31.12.1994, p. 53, as last amended by
Council Regulation (EC) No 2474/2000 of 9
November 2000 (OJ L 286, 11.11.2000, p. 1).

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

Article 7b

Exceptional and critical circumstances

1. Where exceptional and critical circumstances arise
within the meaning of Articles 24 (4) (b) and 25 (4) of
the Interim Agreement, and thereafter Articles 37 (4) (b)
and 38 (4) of the Stabilisation and Association Agreement,
the Commission may take immediate measures as provided
for in Articles 24 and 25 of the Interim Agreement, and
thereafter Articles 37 and 38 of
the Stabilisation and
Association Agreement.

If the Commission receives a request from a Member State,
it shall take a decision thereon within five working days of
receipt of the request.

The Commission shall notify the Council of

2.
decision.

its

Any Member State may refer

the Commission's
3.
decision to the Council within 10 working days of
receiving notification of the decision.

The Council, acting by a qualified majority, may take a
different decision within two months.

Article 7c

Safeguard clause for agricultural and fisheries products

Notwithstanding the procedures set out in Articles 7a and
7b, necessary measures concerning agricultural and fisheries
products on the basis of Articles 17 or 24 of the Interim
Agreement, and thereafter Articles 30 or 37 of the Stabili-
sation and Association Agreement or on the basis of
provisions in the annexes covering theses products as
well as of protocol 3, can be taken according to procedures
provided for by the relevant rules establishing the common
organisation of
the agricultural markets or markets in
fishery and aquaculture products, or in specific provisions
the Treaty and
to Article 308 of
adopted pursuant

applicable to products resulting from the processing of
the
agricultural and fisheries products, provided that
conditions established pursuant
the
to Article 17 of
Interim Agreement, and thereafter Article 30 of the Stabili-
sation and Association Agreement and Article 24 (3), (4)
and (5) of the Interim Agreement, and thereafter Article 37
(3),
the Stabilisation and Association
Agreement are met.

(4) and (5) of

Article 7d

Dumping

in Article 23 (1) of

In the case of a practice which is liable to warrant
application by the Community of the measures provided
for
the Interim Agreement, and
thereafter Article 36 (1) of the Stabilisation and Association
the introduction of anti-dumping measures
Agreement,
shall be decided upon in accordance with the provisions
laid down in Council Regulation (EC) No 384/96 and the
procedure provided for in Article 23 (2) of the Interim
Agreement, and thereafter Article 36 (2) of the Stabilisation
and Association Agreement.

Article 7e

Competition

Stabilisation

and Association Agreement,

shall propose the adoption of

1.
In the case of a practice that may justify application
by the Community of the measures provided for in Article
33 of the Interim Agreement, and thereafter Article 69 of
the
the
Commission after examining the case, on its own initiative
or on the request of a Member State, shall decide whether
such practice is compatible with the Agreement. Where
necessary it
safeguard
measures to the Council, which shall act in accordance
with the procedures laid down in Article 133 of
the
Treaty, except in the cases of aid to which Council Regu-
lation (EC) No 2026/97 (*) applies, when measures shall be
taken according to the procedures laid down in that Regu-
lation. Measures shall be taken only under the conditions
set out in Article 33 (5) of the Interim Agreement, and
thereafter Article 69 (5) of the Stabilisation and Association
Agreement.

2.
In the case of a practice that may cause measures to
be applied to the Community by the former Yugoslav
Republic of Macedonia on the basis of Article 33 of the
Interim Agreement, and thereafter Article 69 of the Stabili-
sation and Association Agreement, the Commission, after
examining the case, shall decide whether the practice is
compatible with the principle set out
in the Interim
Agreement, and thereafter the Stabilisation and Association
Agreement. Where necessary,
take appropriate
decisions on the basis of criteria which result from the
application of Articles 81, 82 and 87 of the Treaty.

shall

it

___________
(*) OJ L 288, 21.10.1997, p. 1.

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Article 7f

In addition, it may:

Fraud or failure to provide administrative co-operation

For the purpose of

interpreting Article 29 of

the
1.
Interim Agreement, and thereafter Article 42 of the Stabili-
sation and Association Agreement,
failure to provide
administrative co-operation as required for the verification
of evidence of origin shall mean inter alia:

— the absence of administrative co-operation, such as the
failure to provide names and addresses of customs or
government authorities
issuing and
checking certificates of origin, or specimens of stamps
used to authenticate the certificates, or the failure to
update that information where appropriate;

responsible for

— a systematic lack or inadequacy of action in verifying
the originating status of products and the fulfilment of
the other requirements of Protocol 4 of the Agreements
and identifying or preventing contravention of the rules
of origin;

— a systematic refusal or undue delay to carry out, at the
request of the Commission, subsequent verification of
the proof of origin and to communicate its results in
time;

— a systematic refusal or undue delay to obtain the auth-
orisation to conduct administrative and investigative
in
co-operation missions
Yugoslav
former
Republic of Macedonia,
in order to verify the auth-
enticity of documents or the accuracy of information
relevant for granting the preferential treatment granted
under the Agreements, or to carry out or arrange for
appropriate inquiries to identify or prevent contra-
vention of the rules of origin.

the

2. Where the Commission finds that the conditions laid
down in Article 29 of
the Interim Agreement, and
thereafter Article 42 of the Stabilisation and Association
Agreement, are fulfilled it shall:

— inform the Council;

— enter immediately into consultations with the former
Yugoslav Republic of Macedonia to find an appropriate
solution as provided for in those provisions.

— call on the Member States to take such precautionary
measures as are necessary in order to safeguard the
Community's financial interests;

stating

— publish a notice in the Official Journal of the European
for
that
Communities
reasonable doubts
the
about
provisions relevant to the application of Article 29 of
the Interim Agreement, and thereafter of Article 42 of
the Stabilisation and Association Agreement.

grounds
application of

there
the

are

3.
Pending a mutually satisfactory solution having been
reached in the consultations referred to in paragraph 2
above, the Commission may decide on other appropriate
measures it deems necessary in accordance with Article 29
of the Interim Agreement, and thereafter Article 42 of the
Stabilisation and Association Agreement, as well as with the
procedure provided for in paragraph 4.

4.
The Commission shall be assisted by the Customs
Code Committee set up by Article 248a of Regulation
(EEC) No 2913/92 (*). Where reference to this paragraph
is made, Article 3 of Decision 1999/468/EC shall apply.

___________
(*) OJ L 302, 19.10.1992, p. 1, as last amended by Regu-
lation (EC) No 2700/2000 of 16 November 2000 (OJ L
311, 12.12.2000, p. 17).

Article 7g

Notification

Notification to the Co-operation Council, and thereafter the
Stabilisation and Association Council and the Stabilisation
and Association Committee, respectively, as required by the
Interim Agreement, and thereafter the Stabilisation and
Association Agreement shall be the responsibility of the
Commission, acting on behalf of the Community.’

Article 2

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

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