Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo* of the other part
Date: 2016-07-18
Institutions: Directorate-General for Neighbourhood and Enlargement Negotiations, European Commission
Subjects: EAEC, Kosovo, administrative cooperation, agricultural product, association agreement (EU), fishery product, import (EU), protective clause, tariff quota, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 18.7.2016  COM(2016) 460 final 2016/0218 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo* of the other part                                                  * This designation is without prejudice to positions on status, and in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo Declaration of Independence  
 
EXPLANATORY MEMORANDUM 

The Stabilisation and Association Agreement between the European Union and the European 
Atomic Energy Community, of the one part, and Kosovo*, of the other part ('the Agreement') 
was signed on 27 October 2015 and entered into force on 1 April 2016. 

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

In order to ensure uniform conditions for the implementation of the Agreement, implementing 
powers  should  be  conferred  on  the  Commission.  Those  powers  should  be  exercised  in 
accordance with Regulation (EU) No 182/2011 of the 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 powers1. Given that 
the  implementing  acts  form  part  of  the  common  commercial  policy,  the  examination 
procedure should be used for their adoption.  

Where the Agreement provides for the possibility, in exceptional and critical circumstances, 
to  apply  urgent  measures  necessary  to  deal  with  the  situation,  the  Commission  should 
adopt such implementing acts immediately. For measures concerning agricultural and fishery 
products,  the  Commission,  in  cases  of  duly  justified  imperative  grounds  of  urgency,  should 
adopt such implementing acts immediately.  

The Agreement stipulates that certain agricultural and fishery products originating in Kosovo 
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 and review of these 
tariff quotas in order to allow for their thorough assessment. 

This  Regulation  contains  implementing  measures  for  the  Agreement,  and  should  thus  apply 
from  the  entry  into  force  of  the  Agreement,  in  order  to  ensure  the  effective  application  and 
management  of  the  tariff  quotas  granted  under  the  Agreement,  as  well  as  to  ensure  legal 
certainty and equal treatment with regard to the levying of duties.  

*            This designation is without prejudice to positions on status, and in line with UNSCR 1244/1999 and the 

1 

ICJ Opinion on the Kosovo Declaration of Independence 
Regulation  (EU)  No  182/2011  of  the  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 powers (OJ L55, 28.2.2011, p. 13). 

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2016/0218 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on certain procedures for applying the Stabilisation and Association Agreement between 
the European Union and the European Atomic Energy Community, of the one part, and 
Kosovo* 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, 

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

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

A  Stabilisation  and  Association  Agreement  between  the  European  Union  and  the 
European Atomic Energy Community, of the one part, and Kosovo* of the other part, 
('the Agreement') was signed on 27 October 2015. The Agreement entered into force 
on 1 April 2016. 

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

In  order  to  ensure  uniform  conditions  for  the  implementation  of  the  Agreement, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No 182/2011  of  the  European 
Parliament  and  of  the  Council2.  Given  that  the  implementing  acts  form  part  of  the 
common  commercial  policy,  the  examination  procedure  should  be  used  for  their 
adoption. Where the Agreement provides for the possibility, in exceptional and critical 
circumstances,  to  apply  urgent  measures  necessary  to  deal  with  the  situation,  the 
Commission  should  adopt  such  implementing  acts  immediately.  For  measures 
concerning  agricultural  and  fishery  products,  the  Commission,  in  cases  of  duly 
justified  imperative  grounds  of  urgency,  should  adopt  such  implementing  acts 
immediately. 

(4) 

The Agreement stipulates that certain agricultural and fishery products originating in 
Kosovo 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 

* 

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EN 

This designation is without prejudice to positions on status, and in line with UNSCR 1244/1999 and the 
ICJ Opinion on the Kosovo Declaration of Independence 

Regulation  (EU)  No  182/2011  of  the  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 powers (OJ L55, 28.2.2011, p. 13). 

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management  and  review  of  these  tariff  quotas  in  order  to  allow  for  their  thorough 
assessment. 

(5)  Where  trade  defence  measures  become  necessary,  they  should  be  adopted  in 
accordance  with  Council  Regulation  (EC)  No  260/20093,  Council  Regulation  (EC) 
No 1225/20094 or, as the case may be, Council Regulation (EC) No 597/20095. 

(6)  Where a Member State provides information to the Commission on a possible case of 
fraud or failure to provide administrative cooperation, the relevant Union legislation is 
to apply, in particular Council Regulation (EC) No 515/976. 

(7) 

(8) 

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

In  order  to  ensure  the  effective  application  and  management  of  the  tariff  quotas 
granted under the Agreement , as well as to ensure legal certainty and equal treatment 
with regard to the levying of duties, certain provisions of this Regulation should apply 
from the date of entry into force of the Agreement, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This Regulation lays down the rules and procedures for the adoption of detailed rules for the 
implementation of certain provisions of the Stabilisation and Association Agreement between 
the  European  Union  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and 
Kosovo*, of the other part ('the Agreement'). 

Article 2 

Concessions for fish and fishery products 

The  Commission  shall  adopt  detailed  rules  on  the  implementation  of  Article  31  of  the 
Agreement,  concerning  the  tariff  quotas  for  fish  and  fishery  products,  by  means  of 
implementing  acts.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 13(3) of this Regulation. 

Article 3 

Tariff reductions 

1. 

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

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4 

5 

6 

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 
31.3.2009, p. 1). 
Council  Regulation  (EC)  No  1225/2009  of  30 November  2009  on  protection  against  dumped  imports 
from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51). 
Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from 
countries not members of the European Community (OJ L 188, 18.7.2009, p. 93). 
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 (OJ L 82, 22.3.1997, p. 1). 

*             This designation is without prejudice to positions on status, and in line with UNSCR 1244/1999 and the 

ICJ Opinion on the Kosovo Declaration of Independence 

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2. 

Where the result of calculating the rate of preferential duty pursuant to 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; 

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

Article 4 

Technical adaptations 

The Commission shall adopt amendments and technical adaptations to the provisions adopted 
pursuant  to  this  Regulation  which  are  necessary  following  changes  to  the  Combined 
Nomenclature  codes  and  to  the  Integrated  Tariff  of  the  European  Communities  (TARIC) 
subdivisions  or  arising  from  the  conclusion  of  new  or  modified  agreements,  protocols, 
exchanges of letters or other acts between the Union and Kosovo by means of implementing 
acts. Those implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 13(3). 

Article 5 

General safeguard clause 

Where the Union needs to take a measure as provided for in Article 43 of  the Agreement , the 
Commission  shall  adopt  that  measure  by  means  of  implementing  acts.  Those  implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 13(3) of this Regulation, unless otherwise specified in Article 43 of the Agreement. 

Article 6 

Shortage clause 

Where  the Union  needs  to  take  a measure  provided  for  in  Article  44 of  the  Agreement,  the 
Commission  shall  adopt  that  measure  by  means  of  implementing  acts.  Those  implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 13(3) of this Regulation. 

Article 7 

Exceptional and critical circumstances 

Where exceptional and critical circumstances arise within the meaning of Article 43(5)(b) and 
Article 44(4) of the Agreement, the Commission may take immediately applicable measures 
as  provided  for  in  Articles  41  and  42  of  the  Agreement  ,  in  accordance  with  the  procedure 
referred to in Article 13(4) of this Regulation. 

Article 8 

Safeguard clause for agricultural and fishery products 

1. 

Notwithstanding the procedures provided for in Articles 5 and 6 of this Regulation, 
where  the  Union  needs  to  take  a  measure  as  provided  for  in  Article  34(2)  or 
Article 43  of  the  Agreement,  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 41 of the Agreement. Those measures shall 

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be adopted by the Commission by means of implementing acts. Those implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 13(3) of this Regulation. 

On  duly  justified  imperative  grounds  of  urgency,  including  the  case  referred  to  in 
paragraph 2, the Commission shall adopt immediately applicable implementing acts 
in accordance with the procedure referred to in Article 13(4) of this Regulation. 

2. 

If  the  Commission  receives  the  request  referred  to  in  paragraph  1  from  a  Member 
State, it shall take a decision thereon: 

(a)  within  three  working  days  following  the  receipt  of  that  request,  where  the 
referral procedure provided for in Article 43 of the Agreement does not apply; 
or 

(b)  within three days of the end of the 30-day period referred to in Article 43(5)(a) 
of  the  Agreement,  where  the  referral  procedure  provided  for  in  Article  43  of 
the Agreement  applies. 

The Commission shall notify the Council of the measures upon which it has decided. 

Article 9 

Surveillance 

For  the  purposes  of  implementing  Article  34  of  the  Agreement,  a  Union  surveillance  of 
imports of goods listed in Annex V of Protocol 3 to the Agreement shall be established. The 
procedure  laid  down  in  Article 308(d)  of  Commission  Regulation  (EEC)  No  2454/937  shall 
apply. 

Article 10 

Dumping and subsidy 

In  the  event  of  a  practice  that  may  cause  the  Union  to  take  the  measures  provided  for  in 
Article 42(2) of the Agreement, the introduction of anti-dumping or countervailing measures, 
or  both,  shall  be  decided  in  accordance  with  the  provisions  laid  down  in  Regulation  (EC) 
No 1225/2009 and Regulation (EC) No 597/2009, respectively. 

Article 11 

Competition 

In the event of a practice which the Commission considers to be incompatible with 
Article 75 of  the Agreement , 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 75 of the Agreement. 

The measures provided for in Article 75(9) of the Agreement shall be adopted in the 
cases  of  aid  in  accordance  with  the  procedures  laid  down  in  Regulation  (EC) 
No 597/2009. 

the 
Commission  Regulation  (EEC)  No 2454/93  of  2 July 1993 
implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code 
(OJ L 253, 11.10.1993, p. 1). 

laying  down  provisions  for 

1. 

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2. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

In  the  event  of  a  practice  that  may  cause  measures  to  be  applied  to  the  Union  by 
Kosovo  on  the  basis  of  Article  75  of  the  Agreement,  the  Commission  shall,  after 
examining the case, decide whether the practice is compatible with the principles set 
out  in  the  Agreement.  Where  necessary,  the  Commission  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  48  of  the 
Agreement  are fulfilled, it shall, without undue delay: 

(a) 

inform the European Parliament and the Council; and 

(b)  notify the Stabilisation and Association Committee of its finding together with 
the objective information it is based on, and enter into consultations within the 
Stabilisation and Association Committee. 

Any  publication  under  Article  48(5)  of  the  Agreement  shall  be  done  by  the 
Commission in the Official Journal of the European Union. 

The Commission may decide, by means of implementing acts adopted in accordance 
with  the  examination  procedure  referred  to  in  Article  13(3)  of  this  Regulation,  to 
suspend  temporarily  the  relevant  preferential  treatment  of  the  products  as  provided 
for in Article 48(4) of the Agreement. 

Article 13 

Committee procedure 

For the purposes of Articles 2, 4 and 12 of this Regulation, the Commission shall be 
assisted by the Customs Code Committee set up by Article 285 of Regulation (EU) 
No 952/2013.  That  Committee  shall  be  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011. 

For  the  purposes  of  Articles  5  to  8  of  this  Regulation,  the  Commission  shall  be 
assisted by the Committee set up 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,  the  examination  procedure  pursuant  to 
Article 5 of Regulation (EU) No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  paragraphs  1  to  4  of  Article 8  of 
Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. 

Article 14 

Notification 

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

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Article 15 

Entry into force 

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

It shall apply from 1 April 2016. 

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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