Council Regulation (EC) No 77/98Show full title

Council Regulation (EC) No 77/98

of 9 January 1998

on certain procedures for applying the Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas the Council has concluded a Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia(1), hereinafter referred to as ‘the Agreement’;

Whereas it is necessary to lay down the procedures for applying certain provisions of the Agreement;

Whereas the Agreement stipulates that certain products originating in the former Yugoslav Republic of Macedonia may be imported into the Community, within the limits of tariff quotas or tariff ceilings or in the framework of reference quantities, at a reduced or a zero rate of customs duty; whereas the Agreement already specifies the products eligible for those tariff measures, their volumes and annual increase of the volumes, their duties, periods and any eligibility criteria; whereas amendments to the Combined Nomenclature and Taric codes and adaptations arising from the conclusion of agreements, protocols or exchanges of letters between the Community and the former Yugoslav Republic of Macedonia do not involve changes of substance; whereas, in the interest of simplicity, provision should therefore be made for the Commission, assisted by the Customs Code Committee, to adopt the implementing regulations opening and providing for the administration of the tariff quotas and tariff ceilings, to establish the Community statistical surveillance system for imports in the framework of reference quantities as well as to make the necessary amendments and technical adaptations to the annexes of the implementing Regulations;

Whereas the Agreement provides for the Community to have the possibility to replace a reference quantity by an equal tariff ceiling when a reference quantity is exceeded; whereas in these circumstances, provision should be made for the Commission to adopt the necessary measures;

Whereas, as soon as a tariff ceiling is reached, the Community may reintroduce, until the end of the calendar year, the customs duties applicable to third countries in respect of the product concerned; whereas, with a view to protecting the interests of Community producers, those measures may need to be adopted on a very short timescale; whereas the Agreement provides for the Community to have the possibility to suspend a tariff ceiling if, during two consecutive years, imports of a product listed in Annex C thereto have been less than 80 % of the ceiling volume; whereas the Agreement also provides for the Community to have the possibility to extend for a period of one year the ceiling or ceilings set for the preceding year if it is considered appropriate to postpone the annual increase by 5 % of the ceiling volume; whereas provision should therefore be made for the Commission to adopt those measures rapidly,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 348, 18. 12. 1997, p. 2.