EC/Serbia Stabilisation and Association Agreement: procedures for applying the Agreement and the Interim Agreement

PURPOSE: provide for certain procedures for applying the Stabilisation and Association Agreement between the European Union and Serbia.

LEGISLATIVE ACT: Regulation (EU) No 332/2014 of the European Parliament and of the Council 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 Serbia, of the other part

BACKGROUND: a Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, was signed in Luxemburg on 29 April 2008. 

This Agreement will enter into force when the Parties notify each other that their respective ratification procedures have been completed. The Interim Agreement (IA) between the same parties, signed on the same date to allow the early application of trade and trade-related provisions of the Stabilisation and Association Agreement (SAA), entered into force on 1 February 2010.

Accordingly, it is necessary to lay down rules for the implementation of certain provisions of the Interim Agreement, as well as the procedures for the adoption of detailed rules of implementation. 

CONTENT: the Regulation lays down the rules and procedures for the adoption of detailed rules for the implementation of certain provisions of the Stabilisation and Association Agreement as well as of the Interim Agreement (IA) between the EU and Serbia.

Scope of the application measures: the SAA and the IA stipulate that certain agricultural and fishery products originating in Serbia may be imported into the Union at a reduced customs duty, within the limits of tariff quotas. The Regulation lays down provisions regulating the management of these tariff quotas.

Implementation powers: in order to ensure uniform conditions for the implementation of the Interim Agreement and the SAA, implementing powers are 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 and in accordance with the examination procedure.

Safeguard clause for agricultural and fishery products: the SAA stipulates that certain agricultural and fishery products originating in Serbia 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 and review of those tariff quotas in order to allow for their thorough assessment. The Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures by means of implementing acts adopted in accordance with the examination procedure. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts.

The Regulation also provides for surveillance measures.  

Other technical provisions relating to the implementation of trade defence measures: where trade defence measures become necessary, they should be adopted in accordance with Council Regulation (EC) No 260/2009 on the common rules for imports, Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community or, as the case may be, Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community.

Notification of fraud and failure to provide administrative cooperation: where a Member State provides information to the Commission on a possible fraud or failure to provide administrative cooperation, the relevant community legislation shall apply, in particular Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters.

ENTRY INTO FORCE: 25.04.2014. However, the Regulation applies retroactively from 1 September 2013 except for certain measures which apply from 1 February 2010.