Council Regulation (EC) No 1616/2006 of 23 October 2006 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 and the Republic of Albania
Date: 2006-10-23
Institutions: Council of the European Union
Subjects: Albania, European Community, association agreement (EU), economic stabilisation, interim agreement (EU), market stabilisation

31.10.2006

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1616/2006

of 23 October 2006

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 and
the Republic of Albania

THE COUNCIL OF THE EUROPEAN UNION,

this Regulation should also apply to the implementation
of the SAA after its entry into force.

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

(4)

Having regard to the proposal from the Commission,

Whereas:

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,
(hereinafter
in
Luxembourg on 12 June 2006. The SAA is in the
process of ratification.

SAA) was

referred

to as

signed

(1)

(2)

products

originating

stipulate that
The SAA and the Interim Agreement
be
fishery
imported into the Community at a reduced customs
It is therefore
duty, within the limits of tariff quotas.
necessary
the
regulating
management of these tariff quotas.

to lay down provisions

in Albania may

(5) Where trade defence measures become necessary, they
should be adopted in accordance with the general
provisions laid down in Council Regulation (EC) No
3285/94 of 22 December 1994 on the common rules
for imports (2), Council Regulation (EEC) No 2603/69 of
20 December 1969 establishing common rules
for
exports (3), Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports
from countries
European
Community (4) or, as the case may be, Council Regu-
lation (EC) No 2026/97 of 6 October 1997 on
subsidised imports from countries
protection against
not members of the European Community (5).

not members

the

of

On 12 June 2006 the Council concluded an Interim
Agreement on trade and trade-related matters between
the one part, and the
the European Community, of
Republic of Albania, of the other part (1),
(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.

cooperation,

(6) Where a Member State provides information to the
Commission on a possible fraud or failure to provide
administrative
relevant Community
legislation shall apply,
in particular Council Regulation
(EC) No 515/97 of 13 March 1997 on mutual assistance
between the administrative authorities of the Member
States and cooperation between the latter and the
Commission to ensure the correct application of
the
law on customs and agricultural matters (6).

the

(3)

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,

(1) OJ L 239, 1.9.2006, p. 2.

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

lation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).

(3) OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regu-

lation (EEC) No 3918/91 (OJ L 372, 31.12.1991, p. 31).

(4) 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).

(5) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(6) OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC)

No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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(7)

(8)

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 Code (1).

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 (2),

Article 4

Technical adaptations

Amendments and technical adaptations
to the provisions
to this Regulation rendered necessary by
adopted pursuant
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) of this Regulation.

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays 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
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 and the
Republic of Albania (hereinafter referred to as the Interim
Agreement).

Article 2

Concessions for fish and fishery products

Detailed rules for 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
procedure set out in Article 12(2) of this Regulation.

Article 3

Tariff reductions

Subject to paragraph 2, rates of preferential duty shall be

1.
rounded down to the first decimal place.

Article 5

General safeguard clause

to take a measure as provided for

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

the SAA,

Article 6

Shortage clause

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

to take a measure as provided for

the SAA,

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 39 of the SAA.

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:

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.

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

(b) EUR 1 or less per individual amount in the specific duties.

The Commission shall notify the Council of its decision.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 648/2005 (OJ L 117, 4.5.2005, p. 13).

(2) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Any Member State may refer the Commission's decision to the
Council within ten working days of receiving notification of the
decision.

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

Article 10

Competition

Article 8

Safeguard clause for agricultural and fisheries products

Notwithstanding the procedures referred to in Articles 5
1.
and 6 of this Regulation, where the Community needs to take a
safeguard measure as provided in Article 25 of the Interim
Agreement and thereafter Article 38 of the SAA concerning
agricultural and fisheries products, the Commission shall, at
the request of a Member State or on its own initiative, decide
upon the necessary measures after, where applicable, having had
recourse to the referral procedure provided for in Article 25 of
the Interim Agreement and thereafter Article 38 of the SAA.

If the Commission receives a request from a Member State, it
shall take a decision thereon:

(a) within three working days following the receipt of a request,
where the referral procedure provided for in Article 25 of
the Interim Agreement and thereafter Article 38 of the SAA
does not apply; or

(b) within three days of the end of the 30-day period referred to
in Articles 25(5)(a) of the Interim Agreement and thereafter
Article 38(5)(a) of the SAA, where the referral procedure
provided for in Article 25 of the Interim Agreement and
thereafter Article 38 of the SAA applies.

The Commission shall notify Member States of the measures it
decided.

2. Measures decided on by the Commission pursuant
to
paragraph 1 may be referred to the Council by any Member
State within three working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
within one month following the date on which they were
referred to the Council.

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 Agreements.

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 cooperation

Where the Commission, on the basis of information provided
by a Member State or on its own initiative,
finds that the
conditions laid down in Article 30 of the Interim Agreement
and thereafter in Article 43 of
the
Commission shall, without undue delay:

the SAA are fulfilled,

(a) inform the Council; and

(b) 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.

Article 9

Dumping and subsidy

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

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 counter-
vailing measures shall be decided upon in accordance with the
provisions laid down in Regulation (EC) No 384/96 or Regu-
lation (EC) No 2026/97, respectively.

in Article 12(3) of

The Commission may decide, in accordance with the procedure
set out
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.

this Regulation,

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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.

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 set at three months.

4.

The Committee shall adopt its Rules of Procedure.

Article 13

Notification

Notification to the Joint Committee, and thereafter the Stabili-
sation and Association Council and the Stabilisation and Asso-
ciation Committee, respectively, as required by the Interim
the
Agreement or
Commission, acting on behalf of the Community.

the SAA shall be the responsibility of

Article 14

Entry into force

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

This Regulation shall enter into force on the day of its publi-
cation 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 Luxembourg, 23 October 2006.

For the Council
The President

J.-E. ENESTAM