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 part, and the Republic of Albania, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and the Republic of Albania, of the other part
Date: 2006-07-11
Institutions: European Commission
Subjects: Albania, Council of the European Union, EC Regulation, European Community, association agreement, economic stabilisation, market stabilisation, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.7.2006 
COM(2006) 394 final 

2006/0128 (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 part, and the Republic 
of Albania, of the other part, and for applying the Interim Agreement between the 
European Community, of the one part, and the Republic of Albania, of the other part 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

A  Stabilisation  and  Association  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the Republic of Albania, of the other part, was signed in 
Luxembourg on 12 June 2006. It will be concluded once Albania, the Communities and the 
Member States have completed the ratification process. 

On  12  June  2006  the  Council  concluded  an  Interim  Agreement  on  trade  and  trade-related 
matters between the European Community, of the one part, and the Republic of Albania, 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  will  enter  into 
force the first day of the second month following the date of deposit of the last instrument of 
ratification or approval. 

An  Implementing  Regulation  is  required  to  lay  down  the  procedures  for  applying  certain 
provisions of the said Agreements in order to ensure their correct implementation.  

It is therefore proposed that the Council adopt the attached regulation.  

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2006/0128 (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 part, and the Republic 
of Albania, of the other part, and for applying the Interim Agreement between the 
European Community, of the one part, and the Republic of Albania, of the other part 

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) 

A  Stabilisation  and  Association  Agreement  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Albania, of the other part,1 
(hereinafter  referred  to  as  ‘SAA’)  was  signed  in  Luxembourg  on  12  June  2006.  The 
SAA is in the process of ratification. 

On  12  June  2006  the  Council  concluded  an  Interim  Agreement  on  trade  and  trade-
related matters between the European Community, of the one part, and the Republic of 
Albania, of the other part,2 (hereinafter referred to as the ‘Interim Agreement’) which 
provides for the early entry into force of the trade and trade-related provisions of the 
SAA. The Interim Agreement will enter into force the first day of the second month 
following the date of deposit of the last instrument of ratification or approval. 

It is necessary to lay down the procedures for applying certain provisions of both the 
SAA and the Interim Agreement. Since the trade and trade-related provisions of these 
instruments are to a very large extent identical, this regulation should also apply to the 
implementation of the SAA after its entry into force. 

The  SAA  and  the  Interim  Agreement  stipulate  that  fishery  products  originating  in 
Albania may be imported into the Community at a reduced customs duty, within the 
limits of tariff quotas. It is therefore necessary to lay down provisions regulating the 
management of these tariff quotas. 

(5)  Where  trade  defence  measures  become  necessary,  they  should  be  adopted  in 
accordance  with  the  general  provisions  laid  down  in  Council  Regulation  (EC)  No 

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2 

OJ C[…],[…]2006, p.[…] 
OJ L[…],[…]2006, p. […] 

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3285/94 of 22 December 1994 on the common rules for imports3, Council Regulation 
(EEC)  No  2603/69  of  20  December  1969  establishing  common  rules  for  exports4, 
Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped imports from countries not members of the European Community5 or, as the 
case  may  be  Council  Regulation  (EC)  No  2026/97  of  6  October  1997  on  protection 
against subsidized imports from countries not members of the European Community6. 

For  the  purposes  of  implementing  the  relevant  provisions  of  this  Regulation  the 
Commission  should  be  assisted  by  the  Customs  Code  Committee  established  by 
Council  Regulation  (EEC)  No  2913/92  of  12  October  1992  establishing  Community 
Customs Code7. 

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 Commission8, 

(6) 

(7) 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This  Regulation  sets  down  certain  procedures  for  adopting  detailed  rules  on  the 
implementation of certain provisions of the Stabilisation and Association Agreement between 
the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Albania, of the other part, (hereinafter referred to as ‘SAA’), and of the Interim Agreement on 
trade  and  trade-related  matters  between  the  European  Community,  of  the  one  part,  and  the 
Republic of Albania, of the other part (hereinafter referred to as the ‘Interim Agreement’). 

Article 2 

Concessions for fish and fishery products 

Detailed  rules  on  the  implementation  of  Article  15(1)  of  the  Interim  Agreement,  and 
thereafter Article 28(1) of the SAA, concerning the tariff quotas for fish and fishery products, 
shall be adopted by the Commission in accordance with the management procedure set out in 
Article 12(2).  

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5 

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OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2200/2004 (OJ L 374, 
22.12.2004, p. 1). 
OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regulation (EEC) No 3918/91 (OJ L 372, 
31.12.1991, p. 31). 
OJ  L  56,  6.3.1996,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  2117/2005  (OJ  L  340, 
23.12.2005, p. 17). 
OJ  L  288,  21.10.1997,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  1973/2002  (OJ  L  305, 
7.11.2002, p. 4). 
OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 (OJ L 117, 
4.5.2005, p. 13). 
OJ L 184, 17.7.99, p.23 

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Article 3 

Tariff reductions 

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

2. Where the result of calculating the rate of the 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 specific duties. 

Article 4 

Technical adaptations 

Any  amendments  and  technical  adaptations  to  the  provisions  adopted  pursuant  to  this 
Regulation  rendered  necessary  by  changes  to  the  Combined  Nomenclature  codes  and  to  the 
TARIC subdivisions or arising from the conclusion of new or modified agreements, protocols, 
exchanges of letters or other acts between the Community and the Republic of Albania, shall 
be adopted in accordance with the procedure set out in Article 12(2). 

Article 5 

General safeguard clause 

Without prejudice to Article 7, where the Community needs to take a measure as provided for 
in  Article  25  of  the  Interim  Agreement,  and  thereafter  Article  38  of  the  SAA,  it  shall  be 
adopted in accordance with the conditions and procedures laid down in Regulation (EC) No 
3285/94,  unless  otherwise  specified  in  Article  25  of  the  Interim  Agreement,  and  thereafter 
Article 38 of the SAA.  

Article 6 

Shortage clause 

Without prejudice to Article 7, where the Community needs to take a measure as provided for 
in  Article  26  of  the  Interim  Agreement,  and  thereafter  Article  39  of  the  SAA,  it  shall  be 
adopted in accordance with the procedures laid down in Regulation (EEC) No 2603/69. 

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Article 7 

Exceptional and critical circumstances 

Where exceptional and critical circumstances arise within the meaning of Article 26(4) of the 
Interim  Agreement,  and  thereafter  Article  39(4)  of  the  SAA,  the  Commission  may  take 
immediate  measures  as  provided  for  in  Article  26  of  the  Interim  Agreement,  and  thereafter 
Article and 39 of the SAA. 

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 its decision. 

Any Member State may refer the Commission’s decision 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. 

Article 8 

Safeguard clause for agricultural and fisheries products 

Notwithstanding the procedures provided for in Articles 5 and 6, where the Community needs 
to take a safeguard measure as provided  in the  Interim  Agreement,  and  thereafter  the  SAA, 
concerning  agricultural  and  fisheries  products,  it  shall  be  adopted  in  accordance  with  the 
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 
adopted  pursuant  to  Article  308  of  the  Treaty  and  applicable  to  products  resulting  from  the 
processing  of  agricultural  and  fisheries  products,  provided  that  the  conditions  laid  down  by 
the relevant provision of the Interim Agreement, and thereafter the SAA, are met. 

Article 9 

Dumping and subsidy 

In  the  event  of  a  practice  which  is  liable  to  warrant  application  by  the  Community  of  the 
measures provided for in Article 24(2) of the Interim Agreement, and thereafter Article 37(2) 
of the SAA, the introduction of anti-dumping and/or countervailing measures shall be decided 
upon  in  accordance  with  the  provisions  laid  down  in,  respectively,  Regulation  (EC)  No 
384/96 and/or Regulation (EC) No 2026/97. 

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Article 10  

Competition 

1. In the event of a practice that may justify application by the Community of the measures 
provided for in Article 37 of the Interim Agreement, and thereafter Article 71 of the SAA, the 
Commission  shall,  after  examining  the  case,  on  its  own  initiative  or  on  the  request  of  a 
Member State, decide whether such practice is compatible with the Agreement.  

The measures provided for in Article 37(9) of the Interim Agreement, and thereafter Article 
71(9) of the SAA, shall be adopted in the cases of aid in accordance with the procedures laid 
down in Regulation (EC) No 2026/97 and in the other cases in accordance with the procedure 
laid down in Article 133 of the Treaty. 

2. In the event of a practice that may cause measures to be applied to the Community by the 
Republic  of  Albania  on  the  basis  of  Article  37  of  the  Interim  Agreement,  and  thereafter 
Article  71  of  the  SAA,  the  Commission  shall,  after  examining  the  case,  decide  whether  the 
practice is compatible with the principles set out in the Interim Agreement, and thereafter the 
SAA. Where necessary, it shall take appropriate decisions on the basis of criteria which result 
from the application of Articles 81, 82 and 87 of the Treaty. 

Article 11 

Fraud or failure to provide administrative co-operation 

Where  the  Commission  finds  that  the  conditions  laid  down  in  Article  30  of  the  Interim 
Agreement and thereafter in Article 43 of the SAA are fulfilled, the Commission shall: 

- inform the Council;  

- notify the Joint Committee, and thereafter the Stabilisation and Association Committee, of 
its  finding  together  with  the  objective  information,  and  enter  into  consultations  within  the 
Stabilisation and Association Committee;  

- Any publication under Article 30 (5) of the Interim Agreement, and thereafter in Article 43 
(5)  of  the  SAA,  shall  be  done  by  the  Commission  in  the  Official  Journal  of  the  European 
Union. 

The  Commission  may  decide,  in  accordance  with  the  advisory  procedure  set  out  in  Article 
12(3), to suspend temporarily the relevant preferential treatment of the products as provided 
for in Article 30(4) of the Interim Agreement, and thereafter Article 43(4) of the SAA. 

Article 12 

Committee 

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

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2. Where reference is made to this paragraph, 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 three months. 

3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall 
apply. 

4. The Committee shall adopt its rules of procedure. 

Article 13 

Notification 

Notification to the Joint Committee, and thereafter the Stabilisation and Association Council 
and  the  Stabilisation  and  Association  Committee,  respectively,  as  required  by  the  Interim 
Agreement or the SAA shall be the responsibility of the Commission, acting on behalf of the 
Community. 

Article 14 

Entry into force  

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

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

Done at Brussels,  

For the Council 
The President 

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