Regulation (EU) 2015/752 of the European Parliament and of the Council

of 29 April 2015

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 Montenegro, of the other part

(codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

Whereas:

(1)
Council Regulation (EC) No 140/20083 has been substantially amended4. In the interests of clarity and rationality, that Regulation should be codified.
(2)
A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part5 (‘SAA’), was signed on 15 October 2007 and entered into force on 1 May 2010.
(3)

It is necessary to lay down the procedures for applying certain provisions of the SAA.

(4)

The SAA stipulates that fishery products originating in Montenegro 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 of those tariff quotas.

(5)
Where trade defence measures become necessary, they should be adopted in accordance with the general provisions laid down in Regulation (EU) 2015/478 of the European Parliament and of the Council6, Regulation (EU) 2015/479 of the European Parliament and of the Council7, Council Regulation (EC) No 1225/20098 or, as the case may be, Council Regulation (EC) No 597/20099.
(6)
Where a Member State provides the Commission with information on a possible fraud or failure to provide administrative cooperation, the relevant Union legislation shall apply, in particular Council Regulation (EC) No 515/9710.
(7)
For the purposes of implementing the relevant provisions of this Regulation the Commission should be assisted by the Customs Code Committee established by Article 285 of Regulation (EU) No 952/2013 of the European Parliament and of the Council11.
(8)
The implementation of the bilateral safeguard clauses of the SAA requires uniform conditions for the adoption of safeguard and other measures. Those measures should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council12.
(9)

The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of point (b) of Article 41(5) and Article 42(4) of the SAA, imperative grounds of urgency so require,

HAVE ADOPTED THIS REGULATION: