Proposal for a COUNCIL DECISION establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the European Union request for an extension of the WTO waiver relating to the autonomous preferential regime for Western Balkans
Date: 2016-04-29
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Western Balkans, World Trade Organisation, generalised preferences, import (EU), originating product, tariff exemption, tariff preference

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 29.4.2016  COM(2016) 233 final 2016/0123 (NLE)   Proposal for a COUNCIL DECISION establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the European Union request for an extension of the WTO waiver relating to the autonomous preferential regime for Western Balkans  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The objective of this proposal is to establish the position to be taken by the European Union 
within the General Council of the World Trade Organization (WTO) concerning an extension 
of  the  WTO  waiver  on  autonomous  trade  preferences  which  should  be  granted  by  the 
European Union to Western Balkans until 31 December 2021. 

This would be the third waiver's extension by the WTO.  

On 8 December 2000, the General Council of the WTO agreed to grant the European Union a 
waiver  of  its  obligations  under  paragraph  1  of  Article  I  of  the  GATT  1994  to  the  extent 
necessary  to  permit  the  European  Union  to  afford  the  preferential  treatment  to  the 
beneficiaries  countries  for  a  period  through  31  December  20061.  On  28  July  2006,  the 
European Union was granted an extension  until 31 December 20112. On 5 December  2011, 
the European Union was granted an extension until 31 December 20163.  

• 

Consistency with existing policy provisions in the policy area 

The  European  Union  granted  preferential  tariffs  to  the  Western  Balkans  on  the  basis  of 
Council  Regulation  (EC)  No  2007/2000  of  18  September  2000  introducing  duty-free  or 
preferential  treatment  to  products  originating  in  the  Western  Balkans  (Albania,  Bosnia  and 
Herzegovina,  Croatia,  the  former  Yugoslav  Republic  of  Macedonia,  Kosovo4,  Montenegro 
and Serbia). Regulation (EC) No 2007/2000 was substantially amended several times and was 
codified by Council Regulation (EC) No 1215/20095. Further amendments were introduced in 
2011 on the basis of Regulation (EU) No 1336/2011 of the European  Parliament and of the 
Council of 13 December 20116, namely extending the autonomous trade preferences until 31 
December 2015. Regulation (EU) No 517/20137 removed Croatia from the scope of Council 
Regulation (EC) No 1215/2009, following its accession to the EU. 

The  European  Union  has  adopted  the  Regulation  (EU)  No  2423/2015  of  the  European 
Parliament  and  of  the  Council  of  16  December  2015  further  amending  Council  Regulation 
(EC)  No  1215/2009  and  renewing  the  autonomous  preferential  regime  for  the  Western 
Balkans until 31 December 2020.    

• 

N.a. 

2. 

• 

Consistency with other Union policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides that 
when  a  decision  having  legal  effect  needs  to  be  taken  in  a  body  set  up  by  an  international 
agreement, the Council, on a proposal from the Commission or the High Representative of the 

1 
2 
3 
4 
5 
6 
7 

WT/L/380. 
WT/L/654. 
WT/L/836. 
Under United Nations Security Council Resolution 1244/99. 
OJ L 328, 15.12.2009, p. 1. 
OJ L 347, 30.12.2011, p.1. 
OJ L 158, 10.6.2013, p. 1 

EN 

2 

   EN 

                                                 
Union for Foreign Affairs and Security Policy, shall adopt a decision establishing the position 
to  be  adopted  on  the  European  Union’s  behalf.  The  granting  of  a  waiver  on  additional 
autonomous  trade  preferences  granted  by  the  European  Union  to  the  Western  Balkans  falls 
under this  provision as the decision is  taken in a body set up by an international agreement 
(the WTO General Council or Ministerial Conference) affecting the rights and obligations of 
the European Union. 

Subsidiarity (for non-exclusive competence)  

Proportionality 

Choice of the instrument 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS  

EVALUATIONS, 

EX-POST 

OF 

STAKEHOLDER 

BUDGETARY IMPLICATIONS 

• 

N.a. 

• 

N.a. 

• 

N.a. 

3. 

N.a. 

4. 

N.a. 

5. 

OTHER ELEMENTS 

N.a.  

EN 

3 

   EN 

2016/0123 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be taken on behalf of the European Union within the General 
Council of the World Trade Organization on the European Union request for an 
extension of the WTO waiver relating to the autonomous preferential regime for 
Western Balkans 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission,  

Whereas: 

(1) 

(2) 

Paragraphs 3 and 4 of Article IX of the Marrakesh Agreement establishing the World 
Trade  Organization  ('WTO  Agreement')  set  out  the  procedures  for  waiving  an 
obligation imposed  on  a Member by the  WTO  Agreement  or  any  of the Multilateral 
Trade Agreements.  

Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing duty-free 
or  preferential  treatment  to  products  originating  in  the  Western  Balkans  (Albania, 
Bosnia  and  Herzegovina,  Croatia,  the  former  Yugoslav  Republic  of  Macedonia, 
Kosovo*,  Montenegro  and  Serbia)  was  substantially  amended  several  times  and  was 
codified by Council Regulation (EC) No 1215/20098. Regulation (EU) No 1336/20119 
of  the  European  Parliament  and  of  the  Council  of  13  December  2011  extended  the 
granting  of  the  autonomous  trade  preferences  until  31  December  2015.  Regulation 
(EU) No 517/201310 removed Croatia from the scope of Council Regulation (EC) No 
1215/2009,  following  its  accession  to  the  European  Union.  Regulation  (EU)  No 
2423/2015  of  the  European  Parliament  and  of  the  Council  of  16  December  2015 
extends  the  granting  of  the  autonomous  trade  preferences  until  31  December  2020. 
Council Regulation (EC) No 1215/2009, as most recently amended, provides for free 
access to  the Union market  for products  originating in  the Western Balkan countries 
and  territories,  except  certain  agricultural  products,  which  benefit  from  limited 
concessions in the form of duty free tariff quotas. 

(3) 

In the absence of a waiver from the European Union's obligations under paragraph 1 of 
Article  I  GATT  1994  and  Article  XIII  GATT  1994,  to  the  extent  necessary,  the 
treatment provided by the autonomous trade preferences would need to be extended to 
all other Members of the World Trade Organization (WTO).  

* 

8 
9 
10 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and 
the ICJ Opinion on the Kosovo declaration of independence. 
OJ L 328, 15.12.2009, p. 1. 
OJ L 347, 30.12.2011, p. 1. 
OJ L 158, 10.6.2013, p. 1. 

EN 

4 

   EN 

                                                 
(4) 

(5) 

(6) 

It is in the interest of the European Union to request an extension of the WTO waiver 
on  autonomous  trade  preferences  granted  by  the  European  Union  to  the  Western 
Balkans pursuant to paragraph 3 of Article IX of the WTO Agreement.  

The European Union is required to submit such a request to the WTO. 

It is appropriate, therefore, to establish the position to be taken by the European Union 
within the WTO General Council concerning this request,  

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken on behalf of the European Union within the General Council of the 
World Trade Organization shall be to request an extension of the existing WTO waiver on the 
autonomous trade preferences granted by the European Union to the Western Balkans until 31 
December 2021, and to support the adoption of that request.  

This position shall be expressed by the Commission.  

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

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

5 

   EN