Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC
Date: 2008-01-21
Institutions: Council of the European Union
Subjects: Moldova, agricultural product, generalised preferences, terms for aid

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 55/2008

of 21 January 2008

introducing autonomous trade preferences for the Republic of Moldova and amending Regulation
(EC) No 980/2005 and Commission Decision 2005/924/EC

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The relationship between the European Union (EU) and
the Republic of Moldova (hereinafter
referred to as
Moldova) builds on the Partnership and Cooperation
Agreement (1) that entered into force on 1 July 1998.
its main objectives is to promote trade and
One of
investment
relations
between the Parties and so to foster their sustainable
economic development.

harmonious

economic

and

to consider
additional Autonomous

In the European Neighbourhood Policy Action Plan (ENP
Action Plan) for Moldova, which was agreed in 2005, the
the possibility of
EU committed itself
granting Moldova
Trade
Preferences (ATPs), provided that Moldova substantially
improved its system of controls and certification of
origin of goods.
reformed its
customs legislation and a satisfactory level of implemen-
tation of
the
beginning of 2007.

the new legislation was

In 2006 Moldova

reached at

Until Romania’s accession to the EU on 1 January 2007,
Moldova had a free trade regime with Romania. On the
whole, the effect of the 2007 enlargement was negligible
for Moldova, but it had a negative impact on a few key
export products of Moldova.

(1) OJ L 181, 24.6.1998, p. 3.

(4)

(5)

(6)

(7)

to Commission Decision 2005/924/EC (2),
Pursuant
from the special
incentive
Moldova already benefits
arrangement
sustainable development and good
governance (the GSP+) provided for in Council Regu-
lation (EC) No 980/2005 of 27 June 2005 applying a
scheme of generalised tariff preferences (3) (GSPs).

for

The general
level of imports from Moldova is merely
0,03 % of all Community imports. Further market
the development of
opening is expected to support
Moldova’s
export
through
economy
performance while not creating negative effects for the
Community.

increased

It is therefore appropriate to extend autonomous trade
preferences to Moldova by removing all remaining tariff
ceilings for industrial products and by improving access
to the Community market for agricultural products.

its capacity to implement

the level of
In accordance with ENP Action Plan,
ambition of
the EU-Moldova relationship will depend
on the degree of Moldova’s commitment to common
values as well as
jointly
agreed priorities,
including the readiness to engage in
to benefit
effective economic reforms. Furthermore,
from the additional tariff preferences under the GSP+
regime, Moldova has fulfilled the conditions of ratifying
and
international
conventions on human and labour rights, environmental
protection and good governance. To ensure Moldova
maintains the level of progress it has achieved,
the
granting of additional autonomous
trade preferences
to continued implementation of, and
will be subject
in
the priorities and conditions set
compliance with,
the ENP Action Plan and the GSP+.

implementing

effectively

core

(2) OJ L 337, 22.12.2005, p. 50.
(3) OJ L 169, 30.6.2005, p. 1. Regulation as amended by Commission

Regulation (EC) No 606/2007 (OJ L 141, 2.6.2007, p. 4).

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(8)

(9)

(10)

(11)

(12)

(13)

(14)

to benefit

from autonomous
In addition, entitlement
trade preferences is conditional on Moldova’s compliance
with the relevant rules of origin of products and the
in
procedures related thereto as well as involvement
the
with
effective
Community in order to prevent any risk of fraud.

administrative

cooperation

for

the

The reasons for temporary suspension of preferences
should include serious and systematic violations of the
conditions
to the preferential
entitlement
arrangements, fraud or failure to provide administrative
cooperation for the verification of origin of goods and
failure of Moldova to show continued engagement in the
implementation of the priorities set in the ENP Action
Plan and the covenants, conventions and protocols listed
in Annex II.

the reintroduction of
It
is necessary to provide for
Common Customs Tariff duties
any products
causing, or threatening to cause, serious difficulties to a
like or directly competing
Community producer of
products, subject to an investigation by the Commission.

for

For the purposes of defining the concept of originating
products, certification of origin and administrative coop-
eration procedures, Title IV, Chapter 2, section 2 of
Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (1) will apply.

to provide

it is
For the sake of rationalisation and simplification,
appropriate
the Commission may,
that
having consulted the Customs Code Committee and
without prejudice to the specific procedures provided
for in this Regulation, make any necessary changes and
technical amendments to this Regulation.

ficiary countries which qualify for the GSP+ in Decision
2005/924/EC.

(15)

The import arrangements adopted by this Regulation
should be renewed on the basis of the conditions estab-
lished by the Council and in the light of the experience
gained in granting them. It is therefore appropriate to
limit their duration to 31 December 2012,

HAS ADOPTED THIS REGULATION:

Article 1

Preferential arrangements

Products originating in Moldova, other

1.
than those
included in tables 1 and 2 in Annex I, shall be admitted for
import into the Community without quantitative restrictions or
measures having equivalent effect and with exemption of
customs duties and charges having equivalent effect.

2.
Products originating in Moldova and included in Annex I
shall be admitted for import into the Community subject to the
special provisions laid down in Article 3.

Article 2

Conditions for entitlement to the preferential
arrangements

Entitlement to benefit from the preferential arrangements

1.
introduced by Article 1 shall be subject to:

(a) compliance with the rules of origin of products and the
in Title IV,

procedures related thereto as provided for
Chapter 2, section 2 of Regulation (EEC) No 2454/93;

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).

(b) compliance with the methods of administrative cooperation
as provided for in Articles 121 and 122 of Regulation (EEC)
No 2454/93;

The introduction of the proposed measures for products
originating in Moldova will make the inclusion of
Moldova in the Community’s scheme of generalised
tariff preferences superfluous. It is therefore appropriate
to remove Moldova from the list of beneficiaries of Regu-
lation (EC) No 980/2005 and from the list of the bene-

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007,
p. 6).

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

2006/512/EC (OJ L 200, 22.7.2006, p. 1).

(c) Moldova’s involvement

in effective administrative coop-
eration with the Community in order to prevent any risk
of fraud;

(d) Moldova’s abstention from introducing new duties or
charges having equivalent effect and new quantitative
restrictions or measures having equivalent
for
imports originating in the Community or from increasing
existing levels of duties or charges or from introducing any
other restrictions from the day of the entry into force of this
Regulation;

effect

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(e) Moldova’s continued engagement in the implementation of
the priorities set in the ENP Action Plan for Moldova of
2005,
in particular as regards effective economic reform;
and

(f) Moldova’s maintaining the ratification and effective imple-
mentation of
the covenants, conventions and protocols
listed in Annex II and accepting regular monitoring and
its implementation record in accordance with
review of
the
covenants,
conventions and protocols it has ratified.

implementation

provisions

the

of

The Commission shall keep under review the status of
2.
ratification and effective
relevant
covenants, conventions and protocols referred to in para-
graph 1(f).

implementation of

the

Article 5

Administration of tariff quotas

The tariff quotas referred to in Article 3(1) and listed in An-
nex I, except tariff quotas for dairy products referred to in
Article 4,
shall be administered by the Commission in
accordance with Articles 308a, 308b and 308c of Regulation
(EEC) No 2454/93.

Article 6

Access to tariff quotas

Member States shall ensure that importers have equal and unin-
terrupted access to the tariff quotas for as long as the balance of
the relevant quota volume so permits.

Article 7

Conferment of powers

3.
In the event of non-compliance with the conditions set in
paragraph 1, the Commission may, in accordance with Article
10,
take measures to suspend the preferential arrangements
provided for in Article 1.

in accordance with the procedure
The Commission shall,
referred to in Article 8(2), adopt the provisions necessary for
the application of this Regulation, other than those referred to
in Article 4, notably:

Article 3

Tariff quotas and price thresholds for certain agricultural
products

1.
Products listed in Table 1 of Annex I shall be admitted for
import into the Community with exemption of customs duties
within the limits of Community tariff quotas as set out in that
table.

(a) amendments and technical adjustments necessary following
amendments to the Combined Nomenclature codes and to
the TARIC subdivisions;

(b) necessary adjustments following the conclusion of other

agreements between the Community and Moldova.

2.
Products listed in Table 2 of Annex I shall be admitted for
import into the Community with exemption of the ad valorem
component of the import duty.

3.
in
Notwithstanding other provisions of this Regulation,
particular Article 10, if imports of agricultural products cause
serious disturbance to the Community markets and their regu-
latory mechanisms, the Commission may take the appropriate
measures in accordance with the procedure laid down in the
applicable Community law to the products in question.

Article 4

Implementation of tariff quotas for dairy products

for

implementing the tariff quotas

The detailed rules
for
headings 0401 to 0406 shall be determined by the Commission
in accordance with the procedure referred to in Article 42 of
Council Regulation (EC) No 1255/1999 of 17 May 1999 on the
common organisation of
in milk and milk
products (1).

the market

Article 8

Committee procedure

1.
The Commission shall be assisted by the Customs Code
Committee instituted by Article 248a of Regulation (EEC) No
2913/92 (2), hereinafter referred to as ‘the Committee’.

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 one month.

Article 9

Cooperation

Member States and the Commission shall cooperate closely to
ensure that this Regulation, and in particular the provisions set
out in Article 10(1), are complied with.

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

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

lation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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Article 10

Temporary suspension

that

fraud,

there is

systematic

sufficient
1. Where the Commission finds
failure by
irregularities or
evidence of
Moldova to comply, or to ensure compliance, with the rules
of origin of products and the procedures related thereto and to
provide administrative cooperation as referred to in Article 2(1),
or a failure to comply with any of the other the conditions
it may take measures to suspend in
defined in Article 2(1),
whole or in part the preferential arrangements provided for in
this Regulation for a period of not more than six months,
provided that it has first:

(a)

informed the Committee;

(b) called on the Member States to take such precautionary
measures as are necessary in order
to safeguard the
Community’s financial interests and/or to secure compliance
by Moldova with Article 2(1);

Journal of

(c) published a notice in the Official

the European
Union stating that there are grounds for reasonable doubts
concerning the application of the preferential arrangements
and/or compliance with Article 2(1) by Moldova which may
call into question its right to continue enjoying the benefits
granted by this Regulation;

(d) informed Moldova of any decision taken in accordance with

this paragraph, before it becomes effective.

A Member State may refer the Commission’s Decision to
2.
the Council within 10 days. The Council, acting by qualified
majority, may take a different decision within 30 days.

the period of

On conclusion of

3.
the
Commission shall decide either to terminate the provisional
suspension measure following consultation of the Committee
or to extend the suspension measure in accordance with the
procedure provided for in paragraph 1.

suspension,

4. Member States shall communicate to the Commission all
relevant
suspension of
preferences or its extension.

information that may justify the

Article 11

Safeguard clause

1. Where a product originating in Moldova is imported on
terms which cause, or threaten to cause, serious difficulties to a
Community producer of like or directly competing products,
Common Customs Tariff duties on that product may be rein-
troduced at any time by the Council acting by qualified majority
on a proposal from the Commission.

At the request of a Member State or on the Commission’s
2.
initiative, the Commission shall take a formal decision to initiate
an investigation within a reasonable period of time. Where the
Commission decides to initiate an investigation, it shall publish
a notice in the Official Journal of the European Union announcing
the investigation. The notice shall provide a summary of the
information received and state that any relevant information
should be sent to the Commission. It shall specify the period,
which shall not exceed four months from the date of publi-
cation of the notice, within which interested parties may make
their views known in writing.

The Commission shall seek all

information it deems
3.
necessary and may verify the
information received with
Moldova and any other relevant source. It may be assisted by
officials of the Member States on whose territory verification
might be sought, if that Member State so requests.

4.
In examining whether there are serious difficulties, the
the following
Commission shall
factors concerning Community producers where the infor-
mation is available:

take account,

inter alia, of

— market share,

— production,

— stocks,

— production capacity,

— capacity utilisation,

— employment,

— imports,

— prices.

5.
The investigation shall be completed within six months
after the publication of the notice referred to in paragraph 2.
The Commission may, in the case of exceptional circumstances,
extend this period in accordance with the procedure referred to
in Article 8(2).

The Commission shall

6.
take a decision within three
in accordance with the procedure referred to in
months,
Article 8(2). Such decision shall enter into force within one
month as from its publication.

7. Where exceptional circumstances
action make an investigation impossible,
may, after
measure which is strictly necessary.

informing the Committee,

requiring immediate
the Commission
take any preventive

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Article 12

Surveillance measures in the agricultural sector

Products in Chapters 17, 18, 19 and 21 of the Harmonised
System, originating in Moldova, shall be subject to a special
surveillance measure in order to avoid disturbances in the
Community market.

If Moldova does not comply with the rules of origin or does not
provide administrative cooperation, as required in Article 2, for
the aforementioned Chapters 17, 18, 19 and 21, or if imports
of products under these Chapters subject to the preferential
arrangements
this Regulation significantly
levels of exports of Moldova, appropriate
exceed the usual
measures shall be taken in accordance with the procedures in
Article 3(3), Article 10 or Article 11.

granted under

Article 13

Amendments to Regulation (EC) No 980/2005 and
Commission Decision 2005/924/EC

In Annex I to Regulation (EC) No 980/2005, the entry

1.
‘MD Moldova, Republic of’ shall be deleted.

(b) it can be shown to the satisfaction of the customs autho-
rities that those goods left the country of origin no later
than the date of entry into force of this Regulation.

The customs authorities may regard paragraph 1(b) as
the following documents is

2.
having been satisfied if one of
submitted to them:

(a)

in the case of transport by sea or waterway, the bill of
loading showing that loading took place before the date
of entry into force of this Regulation;

(b) in the case of

the consignment note
accepted by the railways of the expediting country before
the date of entry into force of this Regulation;

transport by rail,

(c)

in the case of transport by road, the international road
transport TIR carnet issued before the date of entry into
this Regulation by the customs office in the
force of
country of origin or any other appropriate document
authenticated by the relevant customs authorities of
the
country of origin before that date;

(d) in the case of transport by air, the air consignment note
showing that the airline received the goods before the date
of entry into force of this Regulation.

In the Sole Article of Decision 2005/924/EC, the entry

2.
‘(MD) Republic of Moldova’ shall be deleted.

Article 15

Application of Community veterinary legislation

Article 14

Transitional measures

The benefit of the generalised tariff preferences established
1.
by Regulation (EC) No 980/2005 shall continue to be granted
in respect of goods originating in Moldova which are put into
free circulation in the Community before the first day of the
third month following the entry into force of this Regulation,
provided that:

(a)

the goods concerned are covered by a purchase contract
concluded before the date of entry into force of this Regu-
lation; and

The provisions of
any
restrictions or import rules which are included in Community
veterinary legislation.

this Regulation shall not

affect

Article 16

Entry into force and application

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

It shall apply from the first day of the second month after its
entry into force until 31 December 2012.

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

Done at Brussels, 21 January 2008.

For the Council
The President

I. JARC

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24.1.2008

EN

Official Journal of the European Union

L 20/7

2. Products for which the ad valorem component of the import duty is exempted

CN Code

Description

0702

0703 20

0707

0709 90 70

0709 90 80

0806

0808 10

0808 20

0809 10

0809 20

0809 30

0809 40

Tomatoes, fresh or chilled

Garlic, fresh or chilled

Cucumbers and gherkins, fresh or chilled

Courgettes, fresh or chilled

Globe artichokes

Grapes, fresh or dried

Apples, fresh

Pears and quinces

Apricots

Cherries

Peaches, including nectarines

Plums and sloes

L 20/8

EN

Official Journal of the European Union

24.1.2008

COVENANTS, CONVENTIONS AND PROTOCOLS REFERRED TO IN ARTICLE 2(1)(F)

ANNEX II

1. International Covenant on Civil and Political Rights

2. International Covenant on Economic, Social and Cultural Rights

3. International Convention on the Elimination of All Forms of Racial Discrimination

4. Convention on the Elimination of All Forms of Discrimination Against Women

5. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

6. Convention on the Rights of the Child

7. Convention on the Prevention and Punishment of the Crime of Genocide

8. Convention concerning Minimum Age for Admission to Employment (No 138)

9. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child

Labour (No 182)

10. Convention concerning the Abolition of Forced Labour (No 105)

11. Convention concerning Forced or Compulsory Labour (No 29)

12. Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100)

13. Convention concerning Discrimination in Respect of Employment and Occupation (No 111)

14. Convention concerning Freedom of Association and Protection of the Right to Organise (No 87)

15. Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98)

16. International Convention on the Suppression and Punishment of the Crime of Apartheid

17. Montreal Protocol on Substances that Deplete the Ozone Layer

18. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

19. Stockholm Convention on Persistent Organic Pollutants

20. Convention on International Trade in Endangered Species of Wild Fauna and Flora

21. Convention on Biological Diversity

22. Cartagena Protocol on Biosafety

23. Kyoto Protocol to the Unites Nations Framework Convention on Climate Change

24. United Nations Single Convention on Narcotic Drugs (1961)

25. United Nations Convention on Psychotropic Substances (1971)

26. United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

27. United Nations Convention against Corruption (Mexico)