EC/Montenegro Stabilisation and Association Agreement: application. Codification

2014/0190(COD)

PURPOSE: to codify Council Regulation (EC) No 140/2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Montenegro, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and Montenegro, of the other part.

LEGISLATIVE ACT: Regulation (EU) 2015/752 of the European Parliament and of the Council 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.

CONTENT:  in the interests of clarity and rationality, the Regulation undertook a codification of Council Regulation (EC) No 140/2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Montenegro, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and Montenegro, of the other part.

The new Regulation supersedes the various acts incorporated in it; it fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

The Regulation lays down certain procedures for the adoption of detailed rules for the implementation of certain provisions of 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 (‘SAA’). It 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.

Tariff quotas: the Regulation sets out in particular:

  • concessions for fish and fishery products
  • certain tariff reductions.

Trade defence: the Regulation also lays down conditions as regards the safeguard clauses for agricultural and fishery products provided for in the Agreement as well as a general safeguard clause.

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 Council. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising, imperative grounds of urgency so require.

The Regulation sets out conditions as regards the administrative cooperation to facilitate the management of the Agreement.

ENTRY INTO FORCE: 8.6.2015. Regulation (EC) No 140/2008 is repealed.