REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE … · 1215/2009, it is suggested to prolong the...
Transcript of REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE … · 1215/2009, it is suggested to prolong the...
EN EN
EUROPEAN COMMISSION
Brussels, 3.4.2020
COM(2020) 135 final
2020/0051 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Council Regulation (EC) No 1215/2009 introducing exceptional trade
measures for countries and territories participating in or linked to the European
Union's Stabilisation and Association process
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EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposed autonomous trade measures (ATMs) are one of the instruments to implement
the EU’s policy towards the Western Balkans as defined within the Stabilisation and
Association process launched by the European Commission in May 1999. At its meeting in
Lisbon on 23 and 24 March 2000, the European Council concluded that Stabilisation and
Association Agreements with Western Balkan parties should be preceded by asymmetrical
trade liberalisation. Asymmetrical trade liberalisation has been provided for by means of
Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries
and territories participating in or linked to the Stabilisation and Association process, with a
validity period until 31 December 2020.
Stabilisation and Association Agreements have now been concluded between the Union and
all concerned Western Balkan parties; the last one with Kosovo* entered into force on 1 April
2016.
Having regard to differences in the scope of the tariff liberalisation under the contractual
regimes which have been developed between the Union and all participants to the
Stabilisation and Association process and the preferences granted under Regulation (EC) No
1215/2009, it is suggested to prolong the duration of Regulation (EC) No 1215/2009 until 31
December 2025.
• Consistency with existing policy provisions in the policy area
The proposal is consistent with the continued support of the EU towards the region’s gradual
economic integration into the EU and the individual accession processes.
Even though most of the trade preferences initially granted to the Western Balkans through
the autonomous trade regime have now been integrated in their respective Stabilisation and
Association Agreement with the Union, the limited preferences granted through this
Regulation still provide a valuable support to the regional economy. These preferences allow
for the suspension of the specific duties normally applied to fruits and vegetables and for the
inclusion of a global wine quota available after exhaustion of the countries’ respective
national wine quotas.
The ATMs system contributed to the expansion of the total trade between the EU and the
Western Balkans which exceeded EUR 54 billion in 2018. The EU is the leading trade partner
accounting for over 72% of the region's total trade.
• Consistency with other Union policies
This proposal is fully in line with the Sofia Declaration of 17 May 2018 where the EU
committed to strengthening and intensifying its engagement at all levels to support the
region’s political, economic and social transformation. It is also consistent with the political
guidelines of the new Commission, which has reaffirmed the European perspective of the
Western Balkans and its important role in the continued reform process across the region. The
European Union aims to promote peace, stability and economic development in the region
and open up the prospect of EU integration.
* 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.
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2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for the proposal is Article 207(2) of the Treaty on the Functioning of the
European Union.
• Subsidiarity (for non-exclusive competence)
Not applicable.
• Proportionality
The proposed measures have shown to have had a positive impact on the beneficiary countries
by contributing to their economic development notably through the establishment of strong
partnerships between EU businesses and the local producers in the Western Balkan region.
The proposal to extend the measures for an additional five years is therefore considered the
most suitable measure to ensure the sustained economic development of the Western Balkan
partners, while avoiding a very long and complex process of amending each individual
bilateral trade agreement as part of the Stabilisation and Association Agreements.
• Choice of the instrument
Autonomous trade measures allow the European Union -under exceptional circumstances- to
grant very specific and targeted preferences, which would otherwise not be granted in the
context of a free trade agreement, as they would create precedents not in the interest of the
Union.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
No formal ex-post evaluation has been carried out given the very limited scope of the
measures.
• Stakeholder consultations
No formal stakeholders consultations have taken place but there is a unanimous and repeated
interest for the continuation of the measures among the beneficiary parties while no objections
have been raised by European economic operators through the various communication
platforms set up by the Commission services for the EU industry.
• Collection and use of expertise
Not applicable.
• Impact assessment
The better regulation toolbox explicitly exempts prolongation of existing protocols with third
countries from impact assessments.
The proposed measures have been in place for nearly twenty years, but are now much reduced
as most of the preferences were gradually integrated in the individual Stabilisation and
Association Agreements between the EU and the beneficiaries. While the estimated impact is
considered minimal in terms of duties foregone by the EU -about EUR 23.5 million for the
combined six beneficiaries, based on import value in 2018- the prolongation of the measures
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is considered the best guarantee of the EU’s commitment to the trade integration of the
Western Balkans. It would also contribute to ensuring the stability of market access
conditions for economic operators both in the region and in the EU.
Based on the Commission’s assessment following field visits in the region, the measures have
been shown to benefit a large number of small agricultural producers and many of these local
producers have established strong partnerships with businesses in the EU. Should Regulation
1215/2009 not be extended by 31 December 2020, the Western Balkans will be temporarily
deprived of this liberalised market access for key agricultural products (fruits and vegetables)
which are critically important for this sensitive region.
The EU should by all means avoid a repetition of the situation of 2010 when the extension
could not be voted in time thereby creating serious disturbances in the agricultural markets of
the Western Balkans. Retroactive application for recovery of customs duties should not be an
alternative as it is complicated/takes a lot of red tape and months before operators are
reimbursed. Disturbance in the legal framework would not only create immediate economic
damage but would also send a signal of unstable and insecure business environment.
• Regulatory fitness and simplification
As the proposed measures have already been in place for almost 20 years, the beneficiaries
are very well informed and know how to comply with the conditionalities foreseen in the
Regulation. In addition, the proposed Regulation also removes the paragraphs that have
become obsolete bringing it up to date and removing obsolete provisions.
• Fundamental rights
Article 2.1(d) of Regulation (EC) No 1215/2009 makes the entitlement to benefit from the
preferences subject to the abstention of the beneficiaries 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.
4. BUDGETARY IMPLICATIONS
The proposed Regulation does not incur additional costs in the EU budget. For the years 2020
to 2025 there will be no additional tariff revenue foregone in respect of products produced by
the current beneficiaries. Hypothetical revenue that could have been collected from additional
new imports is not considered as a loss of tariff revenue.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
In the context of the sub-committee meetings taking place under the umbrella of the
Stabilisation and Association Agreements, monitoring and reporting on the use of bilateral
preferences is regularly on the agenda of bilateral discussions with the Western Balkan
partners.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
The proposal includes three sets of provisions concerning:
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(1) A change of denomination of two beneficiaries to reflect the latest agreed
terminology, namely by replacing “the former Yugoslav Republic of Macedonia” by
“North Macedonia” and replacing “the customs territory of Kosovo” by “Kosovo*”,
as used in the Stabilisation and Association Agreement with the EU. On that basis,
all references to “countries” or “countries and territories” are replaced by “parties”.
(2) An update of Article 3 following the amendments introduced in Commission
Delegated Regulation (EU) 2017/1464 of 2 June 2017: since the unilateral
preferences to Kosovo were included in the EU-Kosovo Stabilisation and
Association Agreement, which entered into force on 1 April 2016, the autonomous
trade preferences do no longer concern any fishery or beef trade concessions. For the
purpose of clarity, it is therefore proposed to remove any references to these two
categories of products.
(3) An extension of the application of the Regulation until 31 December 2025.
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2020/0051 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Council Regulation (EC) No 1215/2009 introducing exceptional trade
measures for countries and territories participating in or linked to the European
Union's Stabilisation and Association process
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,
Whereas:
(1) Council Regulation (EC) No 1215/20091 provided for unlimited duty free access to the
Union market for nearly all products originating in the participants of the Stabilisation
and Association process to the extent and until such time as bilateral agreements with
those parties were concluded.
(2) Stabilisation and Association Agreements have now been concluded with all six
parties, the last one between the European Union and the European Atomic Energy
Community, of the one part, and Kosovo*, of the other part, entered into force on 1
April 2016.
(3) Commission Delegated Regulation (EU) 2017/14642 amended Regulation (EC) No
1215/2009 to remove the bilateral preferences granted to Kosovo but maintaining the
unilateral preference granted to all Western Balkan beneficiaries in the form of the
suspension of all duties for products covered by Chapters 7 and 8 of the Combined
Nomenclature and their access to the global wine tariff rate quota of 30 000 hl.
(4) Having regard to these differences in the scope of the tariff liberalisation under the
contractual regimes which have been developed between the Union and all participants
to the Stabilisation and Association process and the preferences granted under
Regulation (EC) No 1215/2009, it is suggested to extend the period of application of
Regulation (EC) No 1215/2009 until 31 December 2025.
1 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 (OJ L 328, 15.12.2009, p. 1). * 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. 2 Commission Delegated Regulation (EU) 2017/1464 of 2 June 2017 amending Council Regulation (EC)
No 1215/2009 as regards trade concessions granted to Kosovo* following the entry into force 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.
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(5) The extension of the period of application of Regulation (EC) No 1215/2009 is
considered the best guarantee of the Union’s commitment to the trade integration of
the Western Balkans. It should also contribute to ensuring the stability of market
access conditions for economic operators both in the region and in the Union.
(6) In addition, the denomination of two beneficiaries need to be amended to reflect the
latest agreed terminology.
(7) Regulation (EC) No 1215/2009 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1215/2009 is amended as follows:
(1) Article 1 is replaced by the following:
‘Article 1
Preferential arrangements
1. Products originating in Albania, Bosnia and Herzegovina, Kosovo*,
Montenegro, North Macedonia, and Serbia 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 Albania, Bosnia and Herzegovina, Kosovo,
Montenegro, North Macedonia, and Serbia shall continue to benefit from the
provisions of this Regulation where so indicated. 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 parties.’.
(2) Article 2 is amended as follows:
(a) In paragraph 1, points (a), (b), (c) and (d) are replaced by the following:
‘(a) compliance with the definition of ‘originating products’ provided for in
Commission Delegated Regulation 2015/2446 Title II, Chapter 1, Section 2,
Subsections 4 and 5, and Commission Implementing Regulation 2015/2447 Title II,
Chapter 2, Section 2, Subsections 10 and 11;
(b) the abstention of the parties referred to in Article 1 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 or from
increasing existing levels of duties or charges or from introducing any other
restrictions from 30 September 2000;
(c) the involvement of beneficiaries in effective administrative cooperation with the
Union in order to prevent any risk of fraud; and
(d) The abstention of the parties referred to in Article 1 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.’.
* 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.
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(b) Paragraph 3 is replaced by the following:
‘In the event of non-compliance by a party with point (a), (b) or (c) of paragraph 1 or
with paragraph 2, the Commission may, by means of implementing acts, suspend, in
whole or in part, the entitlement of the 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).’.
(3) Article 3 is amended as follows:
(a) Paragraph 1 is replaced by the following:
‘For certain wine products, as listed in Annex I, originating in the beneficiaries
referred to in Article 1, 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.’.
(b) Paragraph 2 is deleted.
(4) Article 4 is deleted.
(5) In Article 5, the first paragraph is replaced by the following:
‘The tariff quotas referred to in Article 3(1) of this Regulation shall be administered
by the Commission in accordance with Commission Implementing Regulation
2015/2447 Title II, Chapter 1, Section 1.’
(6) In Article 7, points (b) and (c) are replaced by the following:
‘(b) Necessary adjustments following the granting of trade preferences under other
arrangements between the Union and the parties referred to in Article 1;
(c) Suspension, in whole or in part, of the entitlement of a party concerned to
benefits under this Regulation, in the event of non-compliance by that party with the
conditions set out in point (d) of Article 2(1).’.
(7) Article 10(1) is amended as follows:
(a) the introductory sentence of the first subparagraph is replaced by the
following:
‘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 the provisions
of point (a), (b) or (c) of Article 2(1) by the parties referred to in Article 1, 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:’.
(b) points (b) and (c) of the first subparagraph are replaced by the following:
‘(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);
(8) (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
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which may call into question its right to continue enjoying the benefits granted by
this Regulation.’.
(9) In Article 12, the second paragraph is replaced by the following:
‘It shall apply until 31 December 2025.’.
(10) Annex I is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that 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 Brussels,
For the European Parliament For the Council
The President The President
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EN EN
EUROPEAN COMMISSION
Brussels, 3.4.2020
COM(2020) 135 final
ANNEX
ANNEX
to the
Proposal for a Regulation of the European Parliament and the Council
amending Council Regulation (EC) No 1215/2009 introducing exceptional trade
measures for countries and territories participating in or linked to the European
Union's Stabilisation and Association process
EN 1 EN
ANNEX
ANNEX I
CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 1(2)
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 application of the CN code and corresponding description taken together.
Order No CN Code Description
Quota
volume per
year1
Beneficiaries Rate of duty
09.1530 ex 2204 21 94
ex 2204 21 95
ex 2204 21 96
ex 2204 21 97
ex 2204 21 98
ex 2204 22 93
ex 2204 22 94
ex 2204 22 95
ex 2204 29 93
ex 2204 29 94
ex 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 Albania2,
Bosnia and
Herzegovina3,
Kosovo4, ,
Montenegro5,
North
Macedonia6,
Serbia7.
Exemption
1 One global volume per tariff quota accessible to imports originating in the beneficiaries.
2 Access for wine originating in Albania to the global tariff quota is subject to the prior exhaustion of the
individual tariff quota provided for in the Protocol on wine concluded with Albania. That individual
quota is opened under order No 09.1512 and 09.15.13. 3 Access for wine originating in Bosnia and Herzegovina to the global tariff quota is subject to the prior
exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Bosnia
and Herzegovina. Those individual quotas are opened under order Nos 09.1528 and 09.1529. 4 Access for wine originating in Kosovo to the global tariff quota is subject to the prior exhaustion of
both individual tariff quotas provided for in the Protocol on wine concluded with Kosovo. Those
individual quotas are opened under order Nos 09.1570 and 09.1572. 5 Access for wine originating in Montenegro to the global tariff quota, insofar as it concerns products of
CN code 2204 21, is subject to the prior exhaustion of the individual tariff quota provided for in the
Protocol on wine concluded with Montenegro. That individual tariff quota is opened under order No
09.1514. 6 Access for wine originating in North Macedonia to the global tariff quota is subject to the prior
exhaustion of both individual tariff quotas provided for in the Additional Protocol on wine concluded
with North Macedonia. Those individual quotas are opened under order Nos 09.1558 and 09.1559. 7 Access for wine originating in Serbia to the global tariff quota is subject to the prior exhaustion of both
individual tariff quotas provided for in the Protocol on wine concluded with Serbia. Those individual
quotas are opened under order Nos 09.1526 and 09.1527.
Com 135 (2020)
Information Note
1. Proposal
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending
Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories
participating in or linked to the European Union’s Stabilisation and Association process.
2. Date of Commission document
03/04/2020
3. Number of Commission document
COM (2020) 135
4. Number of Council document:
7195 2020
5. Dealt with in Brussels by
Trade Policy Committee
6. Department with primary responsibility
Department of Business, Enterprise and Innovation
7. Other Departments involved
Department of Foreign Affairs and Trade
8. Background to, Short summary and aim of the proposal
The proposed autonomous trade measures (ATMs) are one of the instruments to implement the EU’s policy
towards the Western Balkans as defined within the Stabilisation and Association process launched by the
European Commission in May 1999. In 2000 the European Council concluded that Stabilisation and
Association Agreements with Western Balkan parties should be preceded by asymmetrical trade
liberalisation by means of Council Regulation (EC) No 1215/2009 which introduced exceptional trade
measures for countries and territories participating in or linked to the Stabilisation and Association process,
with a validity period until 31 December 2020.
This proposal extends that period to 31 December 2025.
9. Legal basis of the proposal
Article 207(2) of the Treaty on the Functioning of the European Union.
10. Voting Method
QMV
11. Role of the EP
Assent
12. Category of proposal
Little significance – extension of existing Regulation.
13. Implications for Ireland & Ireland's Initial View'
Ireland supports the continued efforts of the European Union to ensure trade stability with countries within
the Balkan group (Albania, Bosnia & Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia).
While the estimated impact is considered minimal in terms of duties foregone by the EU -about EUR 23.5
million for the combined six beneficiaries, based on import value in 2018- the prolongation of the measures
is considered the best guarantee of the EU’s commitment to the trade integration of the Western Balkans. It
would also contribute to ensuring the stability of market access conditions for economic operators both in
the region and in the EU.
14. Impact on the public
N/A
15. Have any consultations with Stakeholders taken place or are there any plans to do so?
No formal stakeholder consultations have taken place but there is a unanimous and repeated interest for the
continuation of the measures among the beneficiary parties while no objections have been raised by
European economic operators through the various communication platforms set up by the Commission
services for the EU industry.
16. Are there any subsidiarity issues for Ireland?
No
17. Anticipated negotiating period
N/A
18. Proposed implementation date
This Regulation shall enter into force on the seventh day following that of its publication in the Official
Journal of the European Union.
19. Consequences for national legislation
None
20. Method of Transposition into Irish law
N/A
21. Anticipated Transposition date
N/A
22. Consequences for the EU budget in Euros annually
None
23. Contact name, telephone number and e-mail address of official in Department with primary
responsibility
Alan Cromie
Trade Policy Unit
Department of Business, Enterprise and Innovation
23 Kildare Street
Dublin 2
01 631 2345
Date: 06 April 2020