Exceptional trade measures for countries and territories involved with the EU’s stabilisation and association process

SUMMARY OF:

Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the EU’s stabilisation and association process

WHAT IS THE AIM OF THE REGULATION?

The western Balkans (Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia) benefit from exceptional trade measures for their imports into the EU. These countries and territories are part of the stabilisation and association process.
Under the bilateral agreements concluded with the western Balkans, nearly all products originating from those countries and territories already have unlimited duty-free access to the EU market.
The regulation provides additional trade preferences for some agricultural products (fruits, vegetables and wine) originating from the region. The measures which originally applied until 31 December 2010 were extended until 31 December 2020 by Regulation (EU) 2015/2423, which amends Regulation (EC) No 1215/2009.

Trade preferences

Products originating in the western Balkans and covered in Chapters 7 and 8 of the EU’s Combined Nomenclature * (fruits and vegetables) may be imported into the EU without customs duties* or charges having equivalent effect and without quantitative restrictions* or measures having equivalent effect. The exceptional preferences also include a global wine quota of 30.000 hl which can be used by each country or territory after exhaustion of its national quota under its bilateral agreement concluded with the EU.

Conditions for entitlement

To benefit from the preferential measures, countries and territories must:

comply with the definition of originating products provided for in Regulation (EU) No 952/2013 in the EU Customs Code — the products must have been wholly manufactured or have undergone sufficient processing in the country or territory;
undertake not to increase the level of taxes or restrictions on products imported from the EU;
combat fraud by means of administrative cooperation with the EU;
not engage in serious and systematic violations of human rights, including core labour rights, and respect the principles of democracy and the rule of law.

Beneficiaries should also engage in effective economic reforms and in cooperation with other countries concerned by the stabilisation and association process, in particular through the creation of a regional free-trade area.

The European Commission may propose that trade preferences be suspended in whole or in part if a country or territory fails to comply with its obligations.

Regulation (EU) No 1308/2013 sets out procedures for the implementation of tariff quotas * in relation to agricultural products. Currently, the system applies to wine of fresh grapes not exceeding 15% volume, other than sparkling wine for which there is an exemption in relation to a quota of 30.000 hl shared between the various western Balkan countries and territories. The share of this quota per country is laid down in the protocols on wine signed with each of them when they signed their respective stabilisation and association agreements with the EU.

The Commission may take protective measures if imports of agricultural products cause serious disturbance to the EU’s internal market.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 4 January 2010. Regulation (EC) No 1215/2009 codifies and replaces Regulation (EC) No 2007/2000 (and its subsequent amendments).

BACKGROUND

For more information, see:

Enhanced EU engagement with the western Balkans (European Commission).

KEY TERMS

Combined Nomenclature: a means of classifying goods to determine which rate of customs duty applies and how the goods are treated for statistical purposes or for other EU policies.

Customs duties: a duty which alters the price of an imported product, irrespective of its name or technique, which results in a restriction on the free movement of goods.

Quantitative restriction: any trade regulation which may have the effect of limiting imports of goods, in terms of quantity or value (e.g. import quota).

Tariff quota: a trade measure which permits the total or partial suspension of the duties normally paid on an imported product, during a period of time or for a limited volume.

MAIN DOCUMENT

Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s stabilisation and association process (codified version) (OJ L 328, 15.12.2009, pp. 1-9)

Successive amendments to Regulation (EC) No 1215/2009 have been incorporated into the original text. This consolidated version is of documentary value only.