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Council Regulation (EC) No 55/2008Show full title

Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC

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Article 10Temporary suspension

1.Where the Commission finds that there is sufficient evidence of fraud, irregularities or systematic failure by Moldova to comply, or to ensure compliance, with the rules of origin of products and the procedures related thereto and to provide administrative cooperation as referred to in Article 2(1), or a failure to comply with any of the other the conditions defined in Article 2(1), it may take measures to suspend in whole or in part the preferential arrangements provided for in this Regulation for a period of not more than six months, provided that it has first:

(a)informed the Committee;

(b)called on the Member States to take such precautionary measures as are necessary in order to safeguard the Community’s financial interests and/or to secure compliance by Moldova with Article 2(1);

(c)published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubts concerning the application of the preferential arrangements and/or compliance with Article 2(1) by Moldova which may call into question its right to continue enjoying the benefits granted by this Regulation;

(d)informed Moldova of any decision taken in accordance with this paragraph, before it becomes effective.

2.A Member State may refer the Commission’s Decision to the Council within 10 days. The Council, acting by qualified majority, may take a different decision within 30 days.

3.On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure following consultation of the Committee or to extend the suspension measure in accordance with the procedure provided for in paragraph 1.

4.Member States shall communicate to the Commission all relevant information that may justify the suspension of preferences or its extension.

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