CELEX: 32008R0594
Language: en
Date: 2008-06-16
Title: Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part

30.6.2008         EN               Official Journal of the European Union                      L 169/1
                                                       I
         (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
                                        REGULATIONS
                                Council Regulation (EC) No 594/2008
                                             of 16 June 2008
         on certain procedures for applying the Stabilisation and Association Agreement
          between the European Communities and their Member States, of the one part,
                           and Bosnia and Herzegovina, of the other part,
           and for applying the Interim Agreement on trade and trade-related matters
                         between the European Community, of the one part,
                            and Bosnia and Herzegovina, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133
thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)       A Stabilisation and Association Agreement between the European Communities and their
          Member States, of the one part, and Bosnia and Herzegovina, of the other part, (hereinafter
          referred to as the SAA) was signed in Luxembourg on 16 June 2008.
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(2)      On 16 June 2008 the Council concluded an Interim Agreement on trade and trade-related
         matters between the European Community, of the one part, and Bosnia and Herzegovina,
         of the other part,1 (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 is to enter into force on the first day of the month following the date of the
         deposit of the last instrument of ratification or approval.
(3)      It is necessary to lay down the procedures for applying certain provisions of the Interim
         Agreement. 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.
(4)      The SAA and the Interim Agreement stipulate that fishery products originating in Bosnia
         and Herzegovina may be imported into the Community 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.
(5)      Where trade defence measures become necessary, they should be adopted in accordance
         with the general provisions laid down in Council Regulation (EC) No 3285/94 of 22
         December 1994 on the common rules for imports2, Council Regulation (EEC) No 2603/69
         of 20 December 1969 establishing common rules for exports3, Council Regulation (EC) No
         384/96 of 22 December 1995 on protection against dumped imports from countries not
         members of the European Community4 or, as the case may be Council Regulation (EC) No
         2026/97 of 6 October 1997 on protection against subsidised imports from countries not
         members of the European Community1.
(6)      Where a Member State provides the Commission with information on a possible fraud or
         failure to provide administrative cooperation, the relevant community legislation shall
1
        See page of this Official Journal.
2
        OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2200/2004
        (OJ L 374, 22.12.2004, p. 1).
3
        OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regulation (EEC) No 3918/91
        (OJ L 372, 31.12.1991, p. 31).
4
        OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ
        L 340, 23.12.2005, p. 17).
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          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 matters2.
(7)       For the purposes of implementing the relevant provisions of this Regulation the
          Commission should be assisted by the Customs Code Committee established by Council
          Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs
          Code3.
(8)       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 Commission4,
HAS ADOPTED THIS REGULATION:
                                                  Article 1
                                               Subject matter
This Regulation lays down certain 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 Bosnia and Herzegovina, of
the other part, (hereinafter referred to as the SAA), and of the Interim Agreement on trade and
trade-related matters between the European Community, of the one part, and Bosnia and
Herzegovina, of the other part (hereinafter referred to as the Interim Agreement).
1
        OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004
        (OJ L 77, 13.3.2004, p. 12).
2
        OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC) No 807/2003 (OJ
        L 122, 16.5.2003, p. 36).
3
        OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006
        (OJ L 363, 20.12.2006, p. 1).
4
        OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200,
        22.7.2006, p. 11).
 ---pagebreak--- L 169/4           EN                Official Journal of the European Union                     30.6.2008
                                                  Article 2
                                Concessions for fish and fishery products
Detailed rules on the implementation of Article 13 of the Interim Agreement, and thereafter Article
28 of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the
Commission in accordance with the management procedure referred to in Article 12(2) 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.
2.       Where the result of calculating the rate of the 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; 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, Protocols, Exchanges
of Letters or other acts between the Community and Bosnia and Herzegovina, shall be adopted in
accordance with the management procedure referred to in Article 12(2).
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                                                 Article 5
                                       General safeguard clause
Without prejudice to Article 7, where the Community needs to take a measure as provided for in
Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA, it shall be adopted in
accordance with the conditions and procedures laid down in Regulation (EC) No 3285/94, unless
otherwise specified in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA.
                                                 Article 6
                                             Shortage clause
Without prejudice to Article 7, where the Community needs to take a measure as provided for in
Article 25 of the Interim Agreement, and thereafter Article 40 of the SAA, it shall be adopted in
accordance with the procedures laid down in Regulation (EEC) No 2603/69.
                                                 Article 7
                                Exceptional and critical circumstances
Where exceptional and critical circumstances arise within the meaning of Articles 24(5)(b) and
25(4) of the Interim Agreement, and thereafter Article 39(5)(b) and 40(4) of the SAA, the
Commission may take immediate measures as provided for in Articles 24 and 25 of the Interim
Agreement, and thereafter Article 39 and 40 of the SAA.
If the Commission receives a request from a Member State, it shall take a decision thereon within
five working days of receipt of the request.
The Commission shall notify the Council of its decision.
Any Member State may refer the Commission’s decision to the Council within 10 working days of
receiving notification of the decision.
The Council, acting by a qualified majority, may take a different decision within two months.
 ---pagebreak--- L 169/6          EN                Official Journal of the European Union                     30.6.2008
                                                 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 Community needs to take a safeguard measure as provided for in Article 24 of the
        Interim Agreement, and thereafter Article 39 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 24 of the Interim Agreement, and
        thereafter Article 39 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 24 of the Interim Agreement, and thereafter Article
               39 of the SAA, does not apply; or
        (b)    within three days of the end of the 30 days period referred to in Articles 24(5)(a) of
               the Interim Agreement, and thereafter Article 39(5)(a) of the SAA, where the referral
               procedure provided for in Article 24 of the Interim Agreement, and thereafter Article
               39 of the SAA, applies.
        The Commission shall notify the Council of the measures it decided.
2.      Measures decided on by the Commission pursuant to paragraph 1 may be referred to the
        Council by any Member State within three working days of the date on which they were
        notified. The Council shall meet without delay. It may, acting by qualified majority, amend
        or repeal the measures in question within one month following the date on which they were
        referred to the Council.
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                                                   Article 9
                                           Dumping and subsidy
In the event of a practice which is liable to warrant application by the Community of the measures
provided for in Article 23(2) of the Interim Agreement, and thereafter Article 38(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 384/96 and/or Regulation (EC)
No 2026/97.
                                                   Article 10
                                                 Competition
1.        In the event of a practice that may justify application by the Community of the measures
          provided for in Article 36 of the Interim Agreement, and thereafter Article 71 of the SAA,
          the Commission shall, after examining the case, on its own initiative or on the request of a
          Member State, decide whether such practice is compatible with the Agreement.
          The measures provided for in Article 36(10) of the Interim Agreement, and thereafter
          Article 71(10) of the SAA, shall be adopted in the cases of aid in accordance with the
          procedures laid down in Regulation (EC) No 2026/97 and in the other cases in accordance
          with the procedure laid down in Article 133 of the Treaty.
2.        In the event of a practice that may cause measures to be applied to the Community by
          Bosnia and Herzegovina on the basis of Article 36 of the Interim Agreement, and
          thereafter Article 71 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 81, 82 and 87 of the Treaty.
 ---pagebreak--- L 169/8            EN                Official Journal of the European Union                     30.6.2008
                                                   Article 11
                          Fraud or failure to provide administrative cooperation
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 29 of the Interim Agreement, and thereafter
in Article 44 of the SAA, are fulfilled, it shall, without undue delay:
(a)       inform the Council; and
(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 29(5) of the Interim Agreement, and thereafter in Article 44(5) of the
SAA, shall be effected 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 12(3)
of this Regulation, to suspend temporarily the relevant preferential treatment of the products as
provided for in Article 29(4) of the Interim Agreement, and thereafter Article 44(4) of the SAA.
                                                   Article 12
                                                  Committee
1.        The Commission shall be assisted by the Customs Code Committee set up by Article 248a
          of Regulation (EEC) No 2913/92.
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 three months.
3.        Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall
          apply.
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                                                 Article 13
                                                Notification
The Commission, acting on behalf of the Community, 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 14
                                              Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 16 June 2008.
                                                For the Council
                                                The President
                                                D. RUPEL
                                               ___________