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,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)
Council Regulation (EC) No 594/2008 has been substantially amended. 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 Bosnia and Herzegovina, of the other part (‘SAA’), was signed in Luxembourg on 16 June 2008.
(3)
On 16 June 2008 the Council concluded an Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (‘Interim Agreement’) which provided for the early entry into force of the trade and trade-related provisions of the SAA. The Interim Agreement entered into force on 1 July 2008.
(4)
It is necessary to lay down the procedures for applying certain provisions of the Interim Agreement. Since the trade and trade-related provisions of those instruments are to a very large extent identical, this Regulation should also apply to the implementation of the SAA after its entry into force.
(5)
The SAA and the Interim Agreement stipulate that fishery products originating in Bosnia and Herzegovina 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.
(6)
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 Council, Regulation (EU) 2015/479 of the European Parliament and of the Council, Council Regulation (EC) No 1225/2009 or, as the case may be, Council Regulation (EC) No 597/2009.
(7)
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 515/97.
(8)
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 Council.
(9)
The implementation of the bilateral safeguard clauses of the Interim Agreement and 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 Council.
(10)
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 24(5) and Article 25(4) of the Interim Agreement, and thereafter point (b) of Article 39(5) and Article 40(4) of the SAA, imperative grounds of urgency so require,
HAVE ADOPTED THIS REGULATION: