Considerations on COM(2022)503 - Exceptional trade measures for countries and territories participating in or linked to the Stabilisation and Association process (codification)

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(1) Council Regulation (EC) No 1215/2009 6 has been substantially amended several times 7 . In the interests of clarity and rationality, that Regulation should be codified.


 2020/2172 recital 2 (adapted)

(2) Stabilisation and Association Agreements have now been concluded with all six   participants in the Stabilisation and Association process   beneficiary parties. The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo( 8 *), of the other part, is the last one to be concluded and entered into force on 1 April 2016.


 1215/2009 recital 3 (adapted)

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


 2020/2172 recital 5 (adapted)

(4) The extension of the period of application of Regulation (EC) No 1215/2009 is considered to be a suitable guarantee of the Union’s enhanced engagement and commitment to the trade integration of the Western Balkans. The current system of autonomous trade measures   originally established by Council Regulation (EC) No 2007/2000  9  remains   constitutes   a valuable support for the economies of the Western Balkan partners.


 1215/2009 recital 5 (adapted)

(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   should  not constitute a precedent for Community   Union  trade policy with other third countries.


 1215/2009 recital 6 (adapted)

(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   beneficiary parties   in effective administrative cooperation with the Community   Union  in order to prevent any risk of fraud.


 1215/2009 recital 7

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


 1215/2009 recital 9 (adapted)

(8) The trade measures provided for in this Regulation should take into account that Serbia and  Kosovo( 10 *) each constitute a separate customs territory.


 1215/2009 recital 12

(9) For the purposes of certification of origin and administrative cooperation procedures, the relevant provisions of Commission Delegated Regulation (EU) 2015/2446 11 and Commission Implementing Regulation (EU) 2015/2447 12 should be applied.


 1336/2011 recital 9 (adapted)

(10) In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the necessary amendments and technical adjustments to Annexes I and II following amendments to the Combined Nomenclature codes and to the  integrated tariff of the European Union  (TARIC) subdivisions, as well as the necessary adjustments following the granting of trade preferences under other arrangements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level  , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 13   . The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to   In particular, to ensure equal participation in the preparation of delegated acts,   the European Parliament and to the Council   receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts  .


 1336/2011 recital 10

(11) In order to ensure uniform conditions for the implementation of this Regulation with regard to the suspension of the entitlement to benefit from the preferential arrangements in the event of non-compliance, the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 14 .


 1215/2009 recital 15 (adapted)

(12) 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   period   of the   application of this Regulation   arrangements to 31 December 2010   2025  ,


 1215/2009

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