Regulation (EU) 2015/939 of the European Parliament and of the Council of 9 June 2015 on 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 Albania, of the other part (codification)
Regulation (EU) 2015/939 of the European Parliament and of the Council of 9 June 2015 on 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 Albania, of the other part (codification)
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(2) 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(1),
Whereas:
Council Regulation (EC) No 1616/2006(2) has been substantially amended(3). In the interests of clarity and rationality, that Regulation should be codified.
A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part(4) (‘SAA’), was signed in Luxembourg on 12 June 2006 and entered into force on 1 April 2009.
It is necessary to lay down the procedures for applying certain provisions of the SAA.
The SAA stipulates that fishery products originating in Albania 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 those tariff quotas.
Where trade defence measures become necessary, they should be adopted in accordance with the general provisions laid down in Regulation (EU) 2015/478 of the European Parliament and of the Council(5), Regulation (EU) 2015/479 of the European Parliament and of the Council(6), Council Regulation (EC) No 1225/2009(7) or, as the case may be, Council Regulation (EC) No 597/2009(8).
Where a Member State provides information to the Commission on a possible fraud or failure to provide administrative cooperation, the relevant Union legislation shall apply, in particular Council Regulation (EC) No 515/97(9).
For the purposes of implementing the relevant provisions of this Regulation the Commission should be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013 of the European Parliament and of the Council(10).
The implementation of the bilateral safeguard clauses of the SAA requires uniform conditions for the adoption of safeguard and other measures. Those measures should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(11).
The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 39(4) of the SAA, imperative grounds of urgency so require,
HAVE 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 the Republic of Albania, of the other part (‘SAA’).
Article 2 Concessions for fish and fishery products
Detailed rules for the implementation of Article 28(1) of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 9(3) of this Regulation.
Article 3 Tariff reductions
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 preferential duty pursuant to paragraph 1 is one of the following, the preferential rate shall be considered a full exemption:
1 % or less in the case of ad valorem duties; or
EUR 1 or less per individual amount in the case of specific duties.
Article 4 Technical adaptations
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 TARIC subdivisions, or arising from the conclusion of new or modified agreements, protocols, exchanges of letters or other acts between the Union and Albania, shall be adopted in accordance with the examination procedure referred to in Article 9(3).