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

Article 1 Preferential arrangements

1. Products originating in Moldova, other than those included in tables 1 and 2 in Annex I, shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and with exemption of customs duties and charges having equivalent effect.

2. Products originating in Moldova and included in Annex I shall be admitted for import into the Community subject to the special provisions laid down in Article 3.

Article 2 Conditions for entitlement to the preferential arrangements

1. Entitlement to benefit from the preferential arrangements introduced by Article 1 shall be subject to:

(a) compliance with the rules of origin of products and the procedures related thereto as provided for in Title IV, Chapter 2, section 2 of Regulation (EEC) No 2454/93;

(b) compliance with the methods of administrative cooperation as provided for in Articles 121 and 122 of Regulation (EEC) No 2454/93;

(c) Moldova’s involvement in effective administrative cooperation with the Community in order to prevent any risk of fraud;

(d) Moldova’s abstention from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Community or from increasing existing levels of duties or charges or from introducing any other restrictions from the day of the entry into force of this Regulation;

(e) Moldova’s continued engagement in the implementation of the priorities set in the ENP Action Plan for Moldova of 2005, in particular as regards effective economic reform; and

(f) Moldova’s maintaining the ratification and effective implementation of the covenants, conventions and protocols listed in Annex II and accepting regular monitoring and review of its implementation record in accordance with the implementation provisions of the covenants, conventions and protocols it has ratified.

2. The Commission shall keep under review the status of ratification and effective implementation of the relevant covenants, conventions and protocols referred to in paragraph 1(f).

3. In the event of non-compliance with the conditions set in paragraph 1, the Commission may, in accordance with Article 10, take measures to suspend the preferential arrangements provided for in Article 1.

Article 3 Tariff quotas and price thresholds for certain agricultural products

1. Products listed in Table 1 of Annex I shall be admitted for import into the Community with exemption of customs duties within the limits of Community tariff quotas as set out in that table.

2. Products listed in Table 2 of Annex I shall be admitted for import into the Community with exemption of the ad valorem component of the import duty.

3. Notwithstanding other provisions of this Regulation, in particular Article 10, if imports of agricultural products cause serious disturbance to the Community markets and their regulatory mechanisms, the Commission may take the appropriate measures in accordance with the procedure laid down in the applicable Community law to the products in question.

Article 4 Implementation of tariff quotas for dairy products

The detailed rules for implementing the tariff quotas for headings 0401 to 0406 shall be determined by the Commission in accordance with the procedure referred to in Article 42 of Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1).

Article 5 Administration of tariff quotas

The tariff quotas referred to in Article 3(1) and listed in Annex I, except tariff quotas for dairy products referred to in Article 4, shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 6 Access to tariff quotas

Member States shall ensure that importers have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits.

Article 7 Conferment of powers

The Commission shall, in accordance with the procedure referred to in Article 8(2), adopt the provisions necessary for the application of this Regulation, other than those referred to in Article 4, notably:

(a)

amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;

(b)

necessary adjustments following the conclusion of other agreements between the Community and Moldova.

Article 8 Committee procedure

1. The Commission shall be assisted by the Customs Code Committee instituted by Article 248a of Regulation (EEC) No 2913/92(2), hereinafter referred to as ‘the Committee’.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Article 9 Cooperation

Member States and the Commission shall cooperate closely to ensure that this Regulation, and in particular the provisions set out in Article 10(1), are complied with.

Article 10 Temporary 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.

Article 11 Safeguard clause

1. Where a product originating in Moldova is imported on terms which cause, or threaten to cause, serious difficulties to a Community producer of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time by the Council acting by qualified majority on a proposal from the Commission.

2. At the request of a Member State or on the Commission’s initiative, the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed four months from the date of publication of the notice, within which interested parties may make their views known in writing.

3. The Commission shall seek all information it deems necessary and may verify the information received with Moldova and any other relevant source. It may be assisted by officials of the Member States on whose territory verification might be sought, if that Member State so requests.

4. In examining whether there are serious difficulties, the Commission shall take account, inter alia, of the following factors concerning Community producers where the information is available:

• market share,

• production,

• stocks,

• production capacity,

• capacity utilisation,

• employment,

• imports,

• prices.

5. The investigation shall be completed within six months after the publication of the notice referred to in paragraph 2. The Commission may, in the case of exceptional circumstances, extend this period in accordance with the procedure referred to in Article 8(2).

6. The Commission shall take a decision within three months, in accordance with the procedure referred to in Article 8(2). Such decision shall enter into force within one month as from its publication.

7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary.

Article 12 Surveillance measures in the agricultural sector

Products in Chapters 17, 18, 19 and 21 of the Harmonised System, originating in Moldova, shall be subject to a special surveillance measure in order to avoid disturbances in the Community market.

If Moldova does not comply with the rules of origin or does not provide administrative cooperation, as required in Article 2, for the aforementioned Chapters 17, 18, 19 and 21, or if imports of products under these Chapters subject to the preferential arrangements granted under this Regulation significantly exceed the usual levels of exports of Moldova, appropriate measures shall be taken in accordance with the procedures in Article 3(3), Article 10 or Article 11.

Article 13 Amendments to Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC

1. In Annex I to Regulation (EC) No 980/2005, the entry ‘MD Moldova, Republic of’ shall be deleted.

2. In the Sole Article of Decision 2005/924/EC, the entry ‘(MD) Republic of Moldova’ shall be deleted.

Article 14 Transitional measures

1. The benefit of the generalised tariff preferences established by Regulation (EC) No 980/2005 shall continue to be granted in respect of goods originating in Moldova which are put into free circulation in the Community before the first day of the third month following the entry into force of this Regulation, provided that:

(a) the goods concerned are covered by a purchase contract concluded before the date of entry into force of this Regulation; and

(b) it can be shown to the satisfaction of the customs authorities that those goods left the country of origin no later than the date of entry into force of this Regulation.

2. The customs authorities may regard paragraph 1(b) as having been satisfied if one of the following documents is submitted to them:

(a) in the case of transport by sea or waterway, the bill of loading showing that loading took place before the date of entry into force of this Regulation;

(b) in the case of transport by rail, the consignment note accepted by the railways of the expediting country before the date of entry into force of this Regulation;

(c) in the case of transport by road, the international road transport TIR carnet issued before the date of entry into force of this Regulation by the customs office in the country of origin or any other appropriate document authenticated by the relevant customs authorities of the country of origin before that date;

(d) in the case of transport by air, the air consignment note showing that the airline received the goods before the date of entry into force of this Regulation.

Article 15 Application of Community veterinary legislation

The provisions of this Regulation shall not affect any restrictions or import rules which are included in Community veterinary legislation.

Article 16 Entry into force and application

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from the first day of the second month after its entry into force until 31 December 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 January 2008.

For the Council

The President

I. Jarc