Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning 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 Serbia, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part
Date: 2012-01-10
Institutions: European Commission
Subjects: Serbia, administrative cooperation, agricultural product, fishery product, import (EU), stabilisation and association agreement, tariff quota, trade agreement (EU)

EUROPEAN COMMISSION 

Brussels, 10.1.2012 
COM(2011) 938 final 

2011/0465 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning 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 Serbia, of the other part, and for applying the Interim Agreement between 
the European Community, of the one part, and the Republic of Serbia, of the other part

 
 
  
 
EXPLANATORY MEMORANDUM 

A  Stabilisation  and  Association  Agreement  (SAA)  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Serbia, of the other part, was signed 
in  Luxemburg  on  29  April  2008.  It  will  enter  into  force  on  the  1st  day  of  the  second  month 
following  the  date  on  which  the  Parties  notify  each  other  that  their  respective  ratification 
procedures have been completed. 

The Interim Agreement (IA) between the European Community and the Republic of Serbia, 
signed on the same date to allow the early application of trade and trade-related provisions of 
the Stabilisation and Association Agreement (SAA), entered into force on 1 February 2010. 

With the aim of the correct and smooth application of the IA, an Implementing Regulation is 
proposed,  to  lay  down  rules  and  procedures  for  the  adoption  of  detailed  rules  for  the 
implementation  of  certain  provisions  of  these  Agreements,  as  has  been  done  for  previous 
SAAs and Interim Agreements.  

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2011/0465 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning 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 Serbia, of the other part, and for applying the Interim Agreement between 
the European Community, of the one part, and the Republic of Serbia, of the other part 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 thereof, 

Having regard to the proposal from the European Commission 1, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure 2, 

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  Serbia,  of  the  other  part, 
(hereinafter  referred  to  as  ‘SAA’)  was  signed  on  29  April  2008.  The  SAA  is  in  the 
process of ratification. 

On  29  April  2008  the  Council  concluded  an  Interim  Agreement  on  trade  and  trade 
related matters between the European Community, of the one part, and the Republic of 
Serbia,  of  the  other  part,3  (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 entered into force on 1 February 2010. 

It  is  necessary  to  lay  down  rules  for  the  implementation  of  certain  provisions  of  the 
Interim  Agreement,  as  well  as  the  procedures  for  the  adoption  of  detailed  rules  of 
implementation. 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. 

In order to ensure uniform conditions for the implementation of the Interim Agreement 
and  the  SAA,  implementing  powers  should  be  conferred  on  the  Commission.  Those 
powers should be exercised in accordance with Regulation (EU) No 182/2011 of the 

1 
2 
3 

OJ C [ ], [ ] , p. [ ].  
OJ C [ ], [ ] , p. [ ]. 
OJ L 28, 30.1.2010, p. 1. 

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European  Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules 
and  general  principles  concerning  mechanisms  for  control  by  Member  States  of  the 
Commission's  exercise  of  implementing  powers4.  Given  that  the  implementing 
measures  form  part  of  the  common  commercial  policy,  the  examination  procedure 
should be used for their adoption. Where the Interim Agreement and the SAA foresee 
the possibility, in exceptional and critical circumstances, to apply forthwith measures 
necessary to deal with  the  situation, the Commission should adopt immediately such 
implementing acts. 

(5) 

The  SAA  and  the  Interim  Agreement  stipulate  that  certain  agricultural  and  fishery 
products originating in Serbia may be imported into the  Union 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. 

(6)  Where  trade  defence  measures  become  necessary,  they  should  be  adopted  in 
accordance  with  Council  Regulation  (EC)  No  260/2009  of  26  February  2009  on  the 
common  rules  for  imports5,  Council  Regulation  (EC)  No  1061/2009  of  19  October 
2009 establishing common rules for exports6, Council Regulation (EC) No 1225/2009 
of  30 November  2009  on  protection  against  dumped  imports  from  countries  not 
members  of  the  European  Community7  or,  as  the  case  may  be,  Council  Regulation 
(EC)  No 597/2009  of  11 June  2009  on  protection  against  subsidised  imports  from 
countries not members of the European Community 8. 

(7)  Where a Member State provides information to the Commission on a possible fraud or 
failure to provide administrative cooperation, the 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 matters9. 

(8) 

This  Regulation  contains  implementing  measures  for  the  Interim  Agreement,  and 
should thus apply from the entry into force of the Interim Agreement,  

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This Regulation lays down rules and the 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 
Serbia, of the other part, (hereinafter referred to as ‘SAA’), and of the Interim Agreement on 

4 
5 
6 
7 
8 
9 

OJ L55, 28.2.2011, p. 13. 
OJ L 84, 31.3.2009, p. 1..  
OJL 291, 7.11.2009, p. 1. 
OJ L 343, 22.12.2009, p. 51. 
OJ L 188, 18.7.2009, p. 93.  
OJ L 82, 22.3.1997, p. 1.  

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trade  and  trade-related  matters  between  the  European  Community,  of  the  one  part,  and  the 
Republic of Serbia, of the other part (hereinafter referred to as 'Interim Agreement'). 

Article 2 

Concessions for fish and fishery products 

Detailed rules on the implementation of Article 14 of the Interim Agreement, and thereafter 
Article  29  of  the  SAA,  concerning  the  tariff  quotas  for  fish  and  fishery  products,  shall  be 
adopted by the Commission in accordance with the examination procedure set out in Article 
13 (3).  

Article 3 

Tariff reductions 

1. 

2. 

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

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 

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 under Article 218 
Treaty  on  the  Functioning  of  the  European  Union  between  the  Union  and  the  Republic  of 
Serbia, shall be adopted in accordance with the procedure set out in Article 13(3) or, as the 
case may be, with respect to agricultural products the procedure set out in Article14 (2). 

Article 5 

General safeguard clause 

Without prejudice to Article 7, where the Union needs to take a measure as provided for in 
Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA, it shall be adopted 
in accordance with the conditions and procedures laid down in Regulation (EC) No 260/2009, 
unless otherwise specified in Article 26 of the Interim Agreement, and thereafter Article 41 of 
the SAA. 

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Article6 

Shortage clause 

Without prejudice to Article 7, where the Union needs to take a measure as provided for in 
Article 27 of the Interim Agreement, and thereafter Article 42 of the SAA, it shall be adopted 
in accordance with the procedures laid down in Regulation (EC) No 1061/2009. 

Article 7 

Exceptional and critical circumstances 

Where  exceptional  and  critical  circumstances  arise  within  the  meaning  of  Articles  26(5)(b) 
and 27(4) of the Interim Agreement , and thereafter Article 41(5)(b) and 42(4) of the SAA, 
the Commission may take immediately applicable measures as provided for in Articles 26 and 
27 of the Interim Agreement, and thereafter Article 41 and 42 of the SAA, in accordance with 
the procedure referred to in Article 15(2).  

Article 8 

Safeguard clause for agricultural and fishery products 

Notwithstanding  the  procedures  provided  for  in  Articles  5  and  6,  where  the  Union  needs  to 
take a safeguard measure as provided in Article 17(2) or Article 26 of the Interim Agreement 
and  thereafter  Article  32(2)  or  Article  41  of  the  SAA  concerning  agricultural  and  fishery 
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 26 of the Interim Agreement and thereafter Article 
41 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  26  of  the  Interim  Agreement  and  thereafter 
Article 41 of the SAA does not apply; or 

b)  within  three  days  of  the  end  of  the  thirty  days  period  referred  to  in  Article 
26(5)(a) of the Interim Agreement and thereafter in Article 41(5)(a) of the SAA 
where  the  referral  procedure  provided  for  in  Article  26  of  the  Interim 
Agreement and thereafter Article 41 of the SAA applies.  

The  Commission  shall  adopt  those  immediately  applicable  acts  in  accordance  with  the 
procedure referred to in Article 14(3). 

Article 9 

Surveillance 

For  the  purposes  of  implementing  Article  17(2)  of  the  Interim  Agreement  and  thereafter 
Article  32(2)  of  the  SAA,  a  Union  surveillance  of  imports  of  goods  listed  in  Annex  V  of 

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Protocol 3 shall be established. The procedure laid down in Article 308d of the 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 Code10 shall 
apply. 

Article 10 

Dumping and subsidy 

In the event of a practice which is liable to warrant application by the Union of the measures 
provided  for  in  Article  25(2)  of  the  Interim  Agreement,  and  thereafter  Article  40(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 1225/2009 
and Regulation (EC) No 597/2009. 

Article 11 

Competition 

1. 

2. 

In the event of a practice which the Commission considers not to be compatible with 
Article  38  of  the  Interim  Agreement  and  thereafter  Article  73  of  the  SAA,  the 
Commission shall, after examining the case on its own initiative or on the request of 
a Member State, decide upon the appropriate measure provided for in Article 38 of 
the Interim Agreement, and thereafter in Article 73 of the SAA. 

The  measures  provided  for  in  Article  38  (10)  of  the  Interim  Agreement,  and 
thereafter  Article  73  (10)  of  the  SAA,  shall  be  adopted  in  the  cases  of  aid  in 
accordance with the procedures laid down in Regulation (EC) No 597/2009.  

In the event of a practice that may cause measures to be applied to the Union by the 
Republic  of  Serbia  on  the  basis  of  Article  38  of  the  Interim  Agreement,  and 
thereafter  Article  73  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  101, 
102 and 107 of the Treaty on the Functioning of the European Union.  

Article 12 

Fraud or failure to provide administrative co-operation 

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 31 of the Interim Agreement and 
thereafter in Article 46 of the SAA are fulfilled, it shall, without undue delay: 

a) 

inform the Council and European Parliament; and 

10 

OJ L 253, 11.10.1993, p. 1. 

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b) 

notify  the  Interim  Committee,  and  thereafter  the  Stabilisation  and  Association 
Committee,  of  its  finding  together  with  the  objective  information,  and  enter  into 
consultations  within  the  Interim  Committee,  and  thereafter  the  Stabilisation  and 
Association Committee. 

Any publication under Article 31 (5) of the Interim Agreement, and thereafter in Article 46 
(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 referred to in Article 
13(2), to suspend temporarily the relevant preferential treatment of the products as provided 
for in Article 31 (4) of the Interim Agreement, and thereafter Article 46 (4) of the SAA. 

Article 13 

Committee procedure 

1. 

2. 

3. 

1. 

2. 

3. 

The Commission shall be assisted by the Customs Code Committee set up by Article 
248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the 
Community  Customs  Code11.  That  committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011.  

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.  

Article 14 

Committee procedure concerning agricultural products 

The Commission shall be assisted by the Management Committee for the Common 
Organisation  of  Agricultural  Markets  established  by  Article  195  of  Council 
Regulation  (EC)  No  1234/2007  establishing  a  common  organisation  of  agricultural 
markets  and  on  specific  provisions  for  certain  agricultural  products12.  That 
committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  8  of  Regulation  (EU)  No 
182/2011, in conjunction with Article 5 thereof, shall apply.  

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12 

OJ L 302, 19.10.1992, p. 1. 
OJ L 299, 16.11.2007, p. 1 

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Article 15 

Committee procedure for measures in case of exceptional and critical circumstances 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  established  by  Article  4  of 
Regulation  (EC)  No  260/2009.  That  committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011.  

Where  reference  is  made  to  this  paragraph,  Article  8  of  Regulation  (EU)  No 
182/2011, in conjunction with Article 5 thereof, shall apply.  

Article 16 

Notification 

The  Commission,  acting  on  behalf  of  the  Union,  shall  be  responsible  for  notification  to  the 
Interim  Committee,  and  thereafter  the  Stabilisation  and  Association  Council  and  the 
Stabilisation and Association Committee, respectively, as required by the Interim Agreement 
or the SAA.  

Article 17 

Entry into force 

This Regulation shall enter into force on the 20th day following that of its publication in the 
Official Journal of the European Union. 

It shall apply as from 1 February 2010. 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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