
COUNCIL REGULATION (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process (codified version) 

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) Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) No 1763/1999 and (EC) No 6/2000, has been substantially amended several times. In the interests of clarity and rationality the said Regulation should be codified.

(2) At its meeting in Lisbon on 23 and 24 March 2000, the European Council concluded that Stabilisation and Association Agreements with Western Balkan countries should be preceded by asymmetrical trade liberalisation.

(3) A continued Community market opening to imports from the Western Balkan countries is expected to contribute to the process of political and economic stabilisation in the region while not creating negative effects for the Community.

(4) It is, therefore, appropriate further to improve the Community’s autonomous trade preferences by removing all remaining tariff ceilings for industrial products and by further improving access to the Community market for agricultural and fishery products, including processed products.

(5) These measures are proposed as part of the EU Stabilisation and Association process, in a response to the specific situation in the Western Balkans. They will not constitute a precedent for Community trade policy with other third countries.

(6) In accordance with the EU Stabilisation and Association process, based on the earlier Regional Approach and the Council Conclusions of 29 April 1997, the development of bilateral relations between the European Union and the Western Balkan countries is subject to certain conditions. The granting of autonomous trade preferences is linked to respect for fundamental principles of democracy and human rights and to the readiness of the countries concerned to develop economic relations between themselves. The granting of improved autonomous trade preferences in favour of countries participating in the EU Stabilisation and Association process should be linked to their readiness to engage in effective economic reforms and in regional cooperation, in particular through the establishment of free trade areas in accordance with relevant GATT/WTO standards. In addition, entitlement to benefit from autonomous trade preferences is conditional on the involvement of the beneficiaries in effective administrative cooperation with the Community in order to prevent any risk of fraud.

(7) Trade preferences can only be granted to countries or territories possessing a customs administration.

(8) Bosnia and Herzegovina, Serbia and Kosovo, as defined by the United Nations Security Council Resolution 1244 (1999) subject to international civil administration by the United Nations Mission in Kosovo (UNMIK) (hereinafter referred to as Kosovo), fulfil these conditions, and similar trade preferences should be granted to all of them in order to avoid discrimination within the region.

(9) The trade measures provided for in this Regulation should take into account that Serbia and Kosovo each constitute a separate customs territory.

(10) The Community has concluded an agreement on trade in textile products with Serbia.

(11) Albania, Croatia, the former Yugoslav Republic of Macedonia and Montenegro should remain beneficiaries of this Regulation only in so far as this Regulation provides for concessions which are more favourable than the concessions existing under the contractual regimes between the Community and those countries.

(12) For the purposes of certification of origin and administrative cooperation procedures, the relevant provisions of 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 Code should be applied.

(13) For the sake of rationalisation and simplification, it is appropriate to provide that the Commission may, after consulting the Customs Code Committee and without prejudice to the specific procedures provided for in this Regulation, make any necessary changes and technical amendments necessary to this Regulation.

(14) 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 Commission.

(15) The import arrangements provided for by this Regulation should be renewed on the basis of the conditions established by the Council and in the light of the experience gained in granting these arrangements under this Regulation. It is appropriate to limit the duration of the arrangements to 31 December 2010,
HAS ADOPTED THIS REGULATION:

Preferential arrangements
Article 1 

1. Products originating in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia (‘the beneficiary parties’) covered by Chapters 7 and 8 of the Combined Nomenclature shall be admitted for import into the Union without quantitative restrictions or measures having equivalent effect, and with exemption from custom duties and charges having equivalent effect.
2. Products originating in the beneficiary parties shall continue to benefit from the provisions of this Regulation where so indicated therein. Such products shall also benefit from any concession provided for in this Regulation which is more favourable than that provided for under bilateral agreements between the Union and those beneficiary parties.
Conditions for entitlement to the preferential arrangements
Article 2 

1. Entitlement to benefit from the preferential arrangements introduced by Article 1 shall be subject to the following conditions:
(a) compliance with the definition of ‘originating products’ provided for in Title II, Chapter 1, Section 2, Subsections 4 and 5 of Commission Delegated Regulation (EU) 2015/2446, and Title II, Chapter 2, Section 2, Subsections 10 and 11 of Commission Implementing Regulation (EU) 2015/2447;
(b) abstention of the beneficiary parties from introducing new duties and charges having equivalent effect and new quantitative restrictions or measures having equivalent effect in respect of imports originating in the Union, from increasing existing levels of duties or charges or from introducing any other restrictions from 30 September 2000;
(c) the involvement of beneficiary parties in effective administrative cooperation with the Union in order to prevent any risk of fraud; and
(d) abstention of the beneficiary parties from engaging in serious and systematic violations of human rights, including core labour rights, of fundamental principles of democracy and of the rule of law.
2. Without prejudice to the conditions set out in paragraph 1 of this Article, entitlement to benefit from the preferential arrangements referred to in Article 1 shall be subject to the readiness of the beneficiary parties to engage in effective economic reforms and in regional cooperation with other countries involved in the European Union’s Stabilisation and Association process, in particular through the establishment of free trade areas in accordance with Article XXIV of the GATT 1994 and other relevant WTO provisions.In the event of non-compliance with the first subparagraph, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal.
3. In the event of non-compliance by a beneficiary party with point (a), (b) or (c) of paragraph 1 or with paragraph 2 of this Article, the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the beneficiary party concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).
Agricultural products — tariff quotas
Article 3 

1. For certain wine products, as listed in Annex I, originating in the beneficiary parties, the customs duties applicable to imports into the Union shall be suspended during the periods, at the levels, within the limits of the Union tariff quota and under the conditions indicated for each product and origin set out in that Annex.
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4. Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).
Implementation of tariff quota for ‘baby beef’
Article 4 
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Administration of tariff quotas
Article 5 
The tariff quotas referred to in Article 3(1) of this Regulation shall be administered by the Commission in accordance with Title II, Chapter 1, Section 1 of Implementing Regulation (EU) 2015/2447.
Communication for that purpose between the Member States and the Commission shall be effected, as far as possible, by telematic link.
Access to tariff quotas
Article 6 
Each Member State shall ensure that importers have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits.
Conferral of powers
Article 7 
The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:

((a)) necessary amendments and technical adjustments to Annexes I and II following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;
((b)) necessary adjustments following the granting of trade preferences under other arrangements between the Union and the beneficiary parties;
((c)) suspension, in whole or in part, of the entitlement of a beneficiary party concerned to benefits under this Regulation, in the event of non-compliance by that beneficiary party with point (d) of Article 2(1).
Exercise of the delegation
Article 7a 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from 3 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Committee procedure
Article 8 

1. For the purposes of Articles 2 and 10, the Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a committee within the meaning of 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.
2. For the purposes of Article 3(4), the Commission shall be assisted by the committee established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
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4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Cooperation
Article 9 
Member States and the Commission shall cooperate closely to ensure that this Regulation, and in particular the provisions set out in Article 10(1), are complied with.
Temporary suspension
Article 10 

1. Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase in exports into the Union above the level of normal production and export capacity or a failure of compliance with point (a), (b) or (c) of Article 2(1) by the beneficiary parties, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:
(a) informed the Western Balkans Implementation Committee;
(b) called on the Member States to take such precautionary measures as are necessary in order to safeguard the Union’s financial interests and/or to secure compliance by the beneficiary parties with Article 2(1);
(c) published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubts about the application of the preferential arrangements and/or compliance with Article 2(1) by the beneficiary party concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.The measures referred to in the first subparagraph of this paragraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).
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3. On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure or to extend the suspension measure in accordance with paragraph 1.
Repeal
Article 11 
Regulation (EC) No 2007/2000 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.
Entry into force and application
Article 12 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply until 31 December 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 3(1)

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by the application of the CN code and the corresponding description, taken together.

Order No CN Code Description Quota volume per year Beneficiary parties Rate of duty
09.1530 ex 2204 21 94ex 2204 21 95ex 2204 21 96ex 2204 21 97ex 2204 21 98ex 2204 22 93ex 2204 22 94ex 2204 22 95ex 2204 29 93ex 2204 29 94ex 2204 29 95 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 30 000 hl Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia. Exemption







ANNEX II
Definition of ‘baby beef’ products referred to in Article 3(2)

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ANNEX III

Repealed Regulationwith list of its successive amendmentsCouncil Regulation (EC) No 2007/2000(OJ L 240, 23.9.2000, p. 1). 
Council Regulation (EC) No 2563/2000(OJ L 295, 23.11.2000, p. 1). 
Commission Regulation (EC) No 2487/2001(OJ L 335, 19.12.2001, p. 9). 
Commission Regulation (EC) No 607/2003(OJ L 86, 3.4.2003, p. 18). only Article 1
Council Regulation (EC) No 374/2005(OJ L 59, 5.3.2005, p. 1). 
Commission Regulation (EC) No 1282/2005(OJ L 203, 4.8.2005, p. 6). 
Council Regulation (EC) No 1946/2005(OJ L 312, 29.11.2005, p. 1). 
Council Regulation (EC) No 530/2007(OJ L 125, 15.5.2007, p. 1). 
Commission Regulation (EC) No 407/2008(OJ L 122, 8.5.2008, p. 7). 
ANNEX IV

Correlation tableRegulation (EC) No 2007/2000 This Regulation
Article 1(1) Article 1(1)
Article 1(2) Article 1(3)
Article 1(3) Article 1(2)
Article 2 Article 2
Article 4(1) Article 3(1)
Article 4(2), first subparagraph Article 3(2), first subparagraph
Article 4(2), second subparagraph, introductory wording Article 3(2), second subparagraph, introductory wording
Article 4(2), second subparagraph, point (a) Article 3(2), second subparagraph, point (a)
Article 4(2), second subparagraph, point (d) Article 3(2), second subparagraph, point (b)
Article 4(2), third and fourth subparagraphs Article 3(2), third and fourth subparagraphs
Article 4(3) Article 3(4)
Article 4(4) Article 3(3)
Article 6 Article 4
Article 7 Article 5
Article 8 Article 6
Article 9 Article 7
Article 10 Article 8
Article 11 Article 9
Article 12 Article 10
Article 13 —
Article 14 —
Article 15 —
Article 16 —
— Article 11
Article 17 Article 12
Annex I Annex I
Annex II Annex II
— Annex III
— Annex IV