Proposal for a COUNCIL DECISION on a European Union position concerning the decision by the WTO General Council on the extension of the WTO waiver in order to implement the EU autonomous trade preferential regime for the Western Balkans
Date: 2011-10-31
Institutions: European Commission
Subjects: Western Balkans, World Trade Organisation, preferential agreement

EUROPEAN COMMISSION 

Brussels, 31.10.2011 
COM(2011) 716 final 

2011/0316 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a European Union position concerning the decision by the WTO General Council on 
the extension of the WTO waiver in order to implement the EU autonomous trade 
preferential regime for the Western Balkans  

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EXPLANATORY MEMORANDUM 

In  2010  the  European  Union  (EU)  launched  the  process  of  renewing  the  autonomous 
preferential  regime  for  the  Western  Balkans  until  31  December  2015.  The  legislative 
procedure necessary for the adoption of the renewal of the regime has now been completed.. 

To  permit  the  EU  to  provide  preferential  treatment  for  the  application  of  autonomous 
preferential  regime  to  the  Western  Balkans,  without  being  required  to  extend  the  same 
preferential treatment to the like products of any other Member of the WTO, the EU needs to 
present a request for the extension of the waiver from the provisions GATT 1994 Article I:1 
until 31 December 2016.  

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2011/0316 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a European Union position concerning the decision by the WTO General Council on the 
extension of the WTO waiver in order to implement the EU autonomous trade preferential 
regime for the Western Balkans  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 
207(4), first subpragraph, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  European  Union  has  adopted  legislation  renewing  the  autonomous  preferential 
regime for the Western Balkans until 31 December 2015. In the absence of a waiver from 
the  European  Union's  obligations  under  paragraph  1  of  Article  I  of  the  General 
Agreement  on  Tariffs  and  Trade  1994  (GATT  1994)  the  treatment  provided  for  in  the 
autonomous preferential regime would need to be extended to all other WTO Members. It 
is  therefore  appropriate  to  seek  a  waiver  of  Article  I.1  GATT  1994  pursuant  to  Article 
IX:3  of  the  Marrakesh  Agreement  Establishing  the  World  Trade  Organisation  (WTO 
Agreement) 

The European Union submitted such a request on 26 October 2011. 

The General Council of the World Trade Organisation will deliberate on this request.  

It is appropriate, therefore, that the position of the European Union in the deliberations of 
the WTO General Council is to favour adoption of the request, 

HAS ADOPTED THIS DECISION:  

Article 1 

The position of the European Union in the General Council of the World Trade Organisation is 
to approve the extension of the WTO waiver for the Western Balkans until 31 December 2016. 
This position shall be expressed by the Commission. 

This decision shall enter into force on the date of its adoption. 

Article 2 

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Done at […], 

For the Council 
The President 

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