PURPOSE: to lay down certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part.

LEGISLATIVE ACT: Regulation (EU) 2017/355 of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part.

CONTENT: the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part, was signed on 27 October 2015. The Agreement entered into force on 1 April 2016.

This Regulation lays down rules for the implementation of certain provisions of the Agreement, as well as the procedures for the adoption of detailed rules of implementation .

Implementing powers : in order to ensure uniform conditions for the implementation of the Agreement, the Regulation confers implementing powers on the Commission.

The examination procedure will apply in particular to the adoption of implementing acts concerning the common commercial policy (e.g. technical adaptations, safeguard clause, shortage clause). The advisory procedure may, however, apply in duly justified cases.

The Commission shall:

adopt immediately implementing acts where the Agreement provides for the possibility, in exceptional and critical circumstances, to apply forthwith measures necessary to deal with the situation; adopt immediately applicable implementing acts where, in duly justified cases relating to measures concerning agricultural and fishery products, imperative grounds of urgency so require.

Tariff quota management : under the Agreement certain agricultural and fishery products originating in Kosovo 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 and review of these tariff quotas in order to allow for their thorough assessment.

Fraud or failure to provide administrative cooperation : where a Member State provides the Commission with information on possible fraud or a lack of administrative cooperation, the Commission shall inform the European Parliament and the Council and report its findings to the Stabilisation and Association Committee.

It may decide, by means of implementing acts, to temporarily suspend the preferential treatment of the products.

ENTRY INTO FORCE: 23.3.2017. The Regulation shall apply from 1.4.2016.

The European Parliament adopted by 519 to 83, with 69 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part.

The proposed Regulation lays down the rules and procedures for the adoption of detailed rules for the implementation of certain provisions of the Agreement, signed on 27 October 2015 and which entered into force on 1 April 2016.

The Agreement stipulated that certain agricultural and fishery products originating in Kosovo may be imported into the Union at a reduced customs duty, within the limits of tariff quotas. The proposed Regulation lays down provisions regulating the management and review of these tariff quotas in order to allow for their thorough assessment.

The European Parliament’s position adopted at first reading, following the ordinary legislative procedure, amended the Commission proposal so as to specify that, in accordance with the proposed Regulation, the examination procedure shall apply, in particular, for the adoption of implementing acts relating to the common commercial policy. However, the advisory procedure shall apply in duly justified cases.

Where the Agreement provides for the possibility, in exceptional and critical circumstances, to apply forthwith measures necessary to deal with the situation, the Commission should adopt such implementing acts immediately .

The Committee on International Trade adopted the report by Adam SZEJNFELD (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part.

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows.

The report stipulated that in accordance with the proposed Regulation, the examination procedure shall apply, in particular, for the adoption of implementing acts relating to the common commercial policy. However, the advisory procedure shall apply in duly justified cases. Where the Agreement provides for the possibility, in exceptional and critical circumstances , to apply forthwith measures necessary to deal with the situation, the Commission should adopt such implementing acts immediately.

Members deleted Article 9 of the proposed Regulation which provided that for the purposes of implementing Article 34 of the Agreement, a Union surveillance of imports of goods listed in Annex V of Protocol 3 to the Agreement shall be established.

PURPOSE: to lay down certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: a Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo of the other part, was signed on 27 October 2015 and entered into force on 1 April 2016. It is necessary to lay down rules for the implementation of certain provisions of the Agreement, as well as the procedures for the adoption of detailed rules of implementation.

CONTENT: the proposal lays down the rules and procedures for the adoption of detailed rules for the implementation of certain provisions of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part.

In order to ensure uniform conditions for the implementation of the Agreement, implementing powers should be conferred on the Commission . Given that the implementing acts form part of the common commercial policy, the examination procedure should be used for their adoption.

The Commission should adopt such implementing acts immediately :

where the Agreement provides for the possibility, in exceptional and critical circumstances, to apply urgent measures necessary to deal with the situation; for measures concerning agricultural and fishery products, in cases of duly justified imperative grounds of urgency.

Under the Agreement, certain agricultural and fishery products originating in Kosovo may be imported into the Union at a reduced customs duty, within the limits of tariff quotas. The proposal lays down provisions regulating the management and review of these tariff quotas in order to allow for their thorough assessment.