Legal provisions of COM(2014)374 - Procedures for applying the Stabilisation and Association Agreement with Montenegro (codification) - Main contents
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dossier | COM(2014)374 - Procedures for applying the Stabilisation and Association Agreement with Montenegro (codification). |
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document | COM(2014)374 ![]() |
date | April 29, 2015 |
Contents
- Article 1 - Subject matter
- Article 2 - Concessions for fish and fishery products
- Article 3 - Tariff reductions
- Article 4 - Technical adaptations
- Article 5 - General safeguard clause
- Article 6 - Shortage clause
- Article 7 - Exceptional and critical circumstances
- Article 8 - Safeguard clause for agricultural and fishery products
- Article 9 - Committee procedure
- Article 10 - Dumping and subsidy
- Article 11 - Competition
- Article 12 - Fraud or failure to provide administrative cooperation
- Article 13 - Notification
- Article 14 - Repeal
- Article 15 - Entry into force
Article 1 - Subject matter
Article 2 - Concessions for fish and fishery products
Article 3 - Tariff reductions
2. 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:
(a) | 1 % or less in the case of ad valorem duties; or |
(b) | EUR 1 or less per individual amount in the case of specific duties. |
Article 4 - Technical adaptations
Article 5 - General safeguard clause
Article 6 - Shortage clause
Article 7 - Exceptional and critical circumstances
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 take the measures referred to in the first paragraph in accordance with the examination procedure referred to in Article 9(3) of this Regulation. In cases of urgency, Article 9(4) of this Regulation shall apply.
Article 8 - Safeguard clause for agricultural and fishery products
If the Commission receives a request from a Member State, it shall take a decision thereon:
(a) | within three working days of the receipt of a request, where the referral procedure provided for in Article 41 of the SAA does not apply; or |
(b) | within three days of the end of the 30-day period referred to in point (a) of Article 41(5) of the SAA, where the referral procedure provided for in Article 41 of the SAA applies. |
The Commission shall notify the Council of the measures upon which it has decided.
2. The Commission shall take such measures in accordance with the examination procedure referred to in Article 9(3). In cases of urgency, Article 9(4) shall apply.
Article 9 - Committee procedure
2. For the purpose of Articles 5 to 8 of this Regulation, the Commission shall be assisted by the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Article 10 - Dumping and subsidy
Article 11 - Competition
The measures provided for in Article 73(10) of the SAA shall be adopted, in the cases of aid, in accordance with the procedures laid down in Regulation (EC) No 597/2009 and, in other cases, in accordance with the procedure laid down in Article 207 of the Treaty.
2. In the event of a practice which may cause measures to be applied to the Union by Montenegro on the basis of Article 73 of the SAA, the Commission shall, after examining the case, decide whether the practice is compatible with the principles set out in the SAA. Where necessary, the Commission shall take appropriate decisions on the basis of criteria which result from the application of Articles 101, 102 and 107 of the Treaty.
Article 12 - Fraud or failure to provide administrative cooperation
(a) | inform the Council; and |
(b) | notify the Stabilisation and Association Committee of its finding together with the objective information, and enter into consultations within the Stabilisation and Association Committee. |
Any publication under Article 46(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 examination procedure set out in Article 9(3) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 46(4) of the SAA.
Article 13 - Notification
Article 14 - Repeal
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 II.
Article 15 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.