This document is an excerpt from the EUR-Lex website
Document 02009R1215-20201222
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)
Consolidated text: 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)
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)
No longer in force
)
02009R1215 — EN — 22.12.2020 — 006.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this 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 (OJ L 328 15.12.2009, p. 1) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
REGULATION (EU) No 1336/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 |
L 347 |
1 |
30.12.2011 |
|
L 158 |
1 |
10.6.2013 |
||
REGULATION (EU) No 1202/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 |
L 321 |
1 |
30.11.2013 |
|
REGULATION (EU) 2015/2423 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 |
L 341 |
18 |
24.12.2015 |
|
COMMISSION DELEGATED REGULATION (EU) 2017/1464 of 2 June 2017 |
L 209 |
1 |
12.8.2017 |
|
REGULATION (EU) 2020/2172 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2020 |
L 432 |
7 |
21.12.2020 |
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)
Article 1
Preferential arrangements
Article 2
Conditions for entitlement to the preferential arrangements
Entitlement to benefit from the preferential arrangements introduced by Article 1 shall be subject to the following conditions:
abstention of the beneficiary parties from introducing new duties and charges having equivalent effect and new quantitative restrictions or measures having equivalent effect in respect of imports originating in the Union, from increasing existing levels of duties or charges or from introducing any other restrictions from 30 September 2000;
the involvement of beneficiary parties in effective administrative cooperation with the Union in order to prevent any risk of fraud; and
abstention of the beneficiary parties from engaging in serious and systematic violations of human rights, including core labour rights, of fundamental principles of democracy and of the rule of law.
In the event of non-compliance with the first subparagraph, the Council may take the appropriate measures by a qualified majority vote, on the basis of a Commission proposal.
In the event of non-compliance by a beneficiary party with point (a), (b) or (c) of paragraph 1 or with paragraph 2 of this Article, the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the beneficiary party concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).
Article 3
Agricultural products — tariff quotas
▼M6 —————
▼M1 —————
▼M6 —————
Article 5
Administration of tariff quotas
The tariff quotas referred to in Article 3(1) of this Regulation shall be administered by the Commission in accordance with Title II, Chapter 1, Section 1 of Implementing Regulation (EU) 2015/2447.
Communication for that purpose between the Member States and the Commission shall be effected, as far as possible, by telematic link.
Article 6
Access to tariff quotas
Each Member State 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
Conferral of powers
The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:
necessary amendments and technical adjustments to Annexes I and II following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;
necessary adjustments following the granting of trade preferences under other arrangements between the Union and the beneficiary parties;
suspension, in whole or in part, of the entitlement of a beneficiary party concerned to benefits under this Regulation, in the event of non-compliance by that beneficiary party with point (d) of Article 2(1).
Article 7a
Exercise of the delegation
Article 8
Committee procedure
▼M6 —————
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
Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase in exports into the Union above the level of normal production and export capacity or a failure of compliance with point (a), (b) or (c) of Article 2(1) by the beneficiary parties, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:
informed the Western Balkans Implementation Committee;
called on the Member States to take such precautionary measures as are necessary in order to safeguard the Union’s financial interests and/or to secure compliance by the beneficiary parties with Article 2(1);
published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubts about the application of the preferential arrangements and/or compliance with Article 2(1) by the beneficiary party concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.
The measures referred to in the first subparagraph of this paragraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).
▼M1 —————
Article 11
Repeal
Regulation (EC) No 2007/2000 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 3(1)
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by the application of the CN code and the corresponding description, taken together.
Order No |
CN Code |
Description |
Quota volume per year (1) |
Beneficiary parties |
Rate of duty |
09.1530 |
ex 2204 21 94 ex 2204 21 95 ex 2204 21 96 ex 2204 21 97 ex 2204 21 98 ex 2204 22 93 ex 2204 22 94 ex 2204 22 95 ex 2204 29 93 ex 2204 29 94 ex 2204 29 95 |
Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine |
30 000 hl |
Albania (2), Bosnia and Herzegovina (3), Kosovo (4), Montenegro (5), North Macedonia (6), Serbia (7). |
Exemption |
(1)
One global volume per tariff quota accessible to imports originating in the beneficiary parties.
(2)
Access for wine originating in Albania to the global tariff quota is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine concluded with Albania. That individual quota is opened under order No 09.1512 and 09.1513.
(3)
Access for wine originating in Bosnia and Herzegovina to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Bosnia and Herzegovina. Those individual quotas are opened under order Nos 09.1528 and 09.1529.
(4)
Access for wine originating in Kosovo to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Kosovo. Those individual quotas are opened under order Nos 09.1570 and 09.1572.
(5)
Access for wine originating in Montenegro to the global tariff quota, insofar as it concerns products of CN code 2204 21, is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine concluded with Montenegro. That individual tariff quota is opened under order No 09.1514.
(6)
Access for wine originating in North Macedonia to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Additional Protocol on wine concluded with North Macedonia. Those individual quotas are opened under order Nos 09.1558 and 09.1559.
(7)
Access for wine originating in Serbia to the global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine concluded with Serbia. Those individual quotas are opened under order Nos 09.1526 and 09.1527. |
▼M6 —————
ANNEX III
Repealed Regulation
with list of its successive amendments
Council Regulation (EC) No 2007/2000 (OJ L 240, 23.9.2000, p. 1). |
|
Council Regulation (EC) No 2563/2000 (OJ L 295, 23.11.2000, p. 1). |
|
Commission Regulation (EC) No 2487/2001 (OJ L 335, 19.12.2001, p. 9). |
|
Commission Regulation (EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18). |
only Article 1 |
Council Regulation (EC) No 374/2005 (OJ L 59, 5.3.2005, p. 1). |
|
Commission Regulation (EC) No 1282/2005 (OJ L 203, 4.8.2005, p. 6). |
|
Council Regulation (EC) No 1946/2005 (OJ L 312, 29.11.2005, p. 1). |
|
Council Regulation (EC) No 530/2007 (OJ L 125, 15.5.2007, p. 1). |
|
Commission Regulation (EC) No 407/2008 (OJ L 122, 8.5.2008, p. 7). |
|
ANNEX IV
Correlation table
Regulation (EC) No 2007/2000 |
This Regulation |
Article 1(1) |
Article 1(1) |
Article 1(2) |
Article 1(3) |
Article 1(3) |
Article 1(2) |
Article 2 |
Article 2 |
Article 4(1) |
Article 3(1) |
Article 4(2), first subparagraph |
Article 3(2), first subparagraph |
Article 4(2), second subparagraph, introductory wording |
Article 3(2), second subparagraph, introductory wording |
Article 4(2), second subparagraph, point (a) |
Article 3(2), second subparagraph, point (a) |
Article 4(2), second subparagraph, point (d) |
Article 3(2), second subparagraph, point (b) |
Article 4(2), third and fourth subparagraphs |
Article 3(2), third and fourth subparagraphs |
Article 4(3) |
Article 3(4) |
Article 4(4) |
Article 3(3) |
Article 6 |
Article 4 |
Article 7 |
Article 5 |
Article 8 |
Article 6 |
Article 9 |
Article 7 |
Article 10 |
Article 8 |
Article 11 |
Article 9 |
Article 12 |
Article 10 |
Article 13 |
— |
Article 14 |
— |
Article 15 |
— |
Article 16 |
— |
— |
Article 11 |
Article 17 |
Article 12 |
Annex I |
Annex I |
Annex II |
Annex II |
— |
Annex III |
— |
Annex IV |
( *1 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
( 1 ) This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
( 2 ) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).
( 3 ) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
( 4 ) OJ L 55, 28.2.2011, p. 13.
( 5 ) OJ L 84, 31.3.2009, p. 1.