Interim Agreement on Trade and Trade-Related Matters Between the European Community, of the One Part, and the Republic of Serbia, of the Other Part
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ISSN 1725-2555 Official Journal L 28 of the European Union Volume 53 English edition Legislation 30 January 2010 Contents IV Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty 2010/36/EC: ★ Council Decision of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part . 1 Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part . 2 Price: EUR 10 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other acts are printed in bold type and preceded by an asterisk. EN 30.1.2010 EN Official Journal of the European Union L 28/1 IV (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COUNCIL DECISION of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (2010/36/EC) THE COUNCIL OF THE EUROPEAN UNION, HAS DECIDED AS FOLLOWS: Having regard to the Treaty establishing the European Article 1 Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, and Article 300(3), first 1. The Interim Agreement on trade and trade-related matters sentence thereof, between the European Community, of the one part, and the Republic of Serbia, of the other part, the Annexes and Having regard to the proposal from the Commission, Protocols annexed thereto, as well as the joint declarations and the declaration by the Community attached to the Final Whereas: Act are hereby approved on behalf of the Community. (1) Pending the entry into force of the Stabilisation and 2. The texts referred to in paragraph 1 are attached to this Association Agreement between the European Commu Decision. nities and their Member States, of the one part, and the Republic of Serbia, of the other part, signed in Luxembourg on 29 April 2008, it is necessary to Article 2 approve the Interim Agreement on trade and trade- related matters between the European Community, of The President of the Council is hereby authorised to designate the one part, and the Republic of Serbia, of the other the person(s) empowered, on behalf of the Community, to sign the Agreement and deposit the instrument of approval provided part (hereinafter referred to as ‘the Agreement’). for in Article 59 of the Agreement. (2) The commercial provisions contained in the Agreement are of an exceptional nature, connected with the policy implemented within the framework of the Stabilisation Done at Brussels, 29 April 2008. and Association Process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans. For the Council The President (3) The Agreement should be signed and approved, D. RUPEL L 28/2 EN Official Journal of the European Union 30.1.2010 INTERIM AGREEMENT on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and THE REPUBLIC OF SERBIA, hereinafter referred to as ‘Serbia’, of the other part, together referred to as ‘the Parties’, WHEREAS: (1) The Stabilisation and Association Agreement between the European Communities and its Member States, of the one part, and Serbia, of the other part (hereinafter referred to as ‘the Stabilisation and Association Agreement’ or ‘the SAA’), was signed in Luxembourg, on 29 April 2008. (2) The Stabilisation and Association Agreement is intended to establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Serbia to further strengthen and extend the already established relationship with the European Union. (3) It is necessary to ensure the development of trade links by strengthening and widening the relations established previously. (4) To this end it is necessary to implement as speedily as possible, by means of an Interim Agreement (hereinafter referred to as ‘this Agreement’), provisions of the Stabilisation and Association Agreement on trade and trade- related matters. (5) Some of the provisions included in Protocol 4 on land transport to the Stabilisation and Association Agreement, which are related to road transit traffic, are directly linked to the free movement of goods and should consequently be included in this Agreement. (6) In the absence of pre-existing contractual structures this Agreement establishes an Interim Committee for the implementation of this Agreement. (7) As trade in certain textile products is regulated by the Agreement of 31 March 2005 between the European Community and the Republic of Serbia, it is recognised that it will lapse upon the entry into force of the Stabilisation and Association Agreement, HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries: THE EUROPEAN COMMUNITY Dimitrij RUPEL, Minister for Foreign Affairs of the Republic of Slovenia, President of the Council of the European Union Olli REHN, Member of the Commission of the European Communities (hereinafter referred to as ‘European Commission’) with responsibility for Enlargement SERBIA Božidar ĐELIĆ, Deputy Prime Minister of the Republic of Serbia WHO, having exchanged their full powers, found in good and due form, 30.1.2010 EN Official Journal of the European Union L 28/3 HAVE AGREED AS FOLLOWS: TITLE I For each product, the basic duty to which the successive tariff reductions set out in this Agreement are to be applied shall be: GENERAL PRINCIPLES Article 1 (a) the Community Common Customs Tariff, established pursuant to Council Regulation (EEC) No 2658/87 ( 1 ) (SAA Article 2) actually applied erga omnes on the day of the signature of Respect for democratic principles and human rights as this Agreement; proclaimed in the Universal Declaration of Human Rights and as defined in the Convention for the Protection of Human (b) the Serbian applied tariff ( 2 ); Rights and Fundamental Freedoms, in the Helsinki Final Act and the Charter of Paris for a New Europe, respect for principles If, after the signature of this Agreement, any tariff reduction is of international law, including full cooperation with the Inter applied on an erga omnes basis, in particular reductions resulting: national Criminal Tribunal for the former Yugoslavia (ICTY), and the rule of law as well as the principles of market (a) from the tariff negotiations in the WTO or, economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of (b) in the event of the accession of Serbia to the WTO or, the domestic and external policies of the Parties and constitute essential elements of this Agreement. (c) from subsequent reductions after the accession of Serbia to the WTO. Article 2 (SAA Article 9) Such reduced duties shall replace the basic duty referred to in paragraph 4 as from the date when such reductions are applied. This Agreement shall be fully compatible with and implemented in a manner consistent with the relevant WTO provisions, in The Community and Serbia shall communicate to each other particular Article XXIV of the General Agreement on Tariffs and their respective basic duties and any changes thereof. Trade 1994 (GATT 1994) and Article V of the General Agreement on Trade in Services (GATS). CHAPTER I TITLE II Industrial products FREE MOVEMENT OF GOODS Article 4 Article 3 (SAA Article 19) (SAA Article 18) Definition The Community and Serbia shall gradually establish a bilateral The provisions of this Chapter shall apply to products orig free trade area over a period lasting a maximum of six years inating in the Community or in Serbia listed in Chapters 25 starting from the entry into force of this Agreement in to 97 of the Combined Nomenclature, with the exception of the accordance with the provisions of this Agreement and in products listed in Annex I, paragraph I, (ii) of the WTO conformity with those of the GATT 1994 and the WTO. In Agreement on Agriculture. so doing they shall take into account the specific requirements laid down hereinafter. Trade between the Parties in products covered by the Treaty establishing the European Atomic Energy Community shall be The Combined Nomenclature shall be applied to the classifi conducted in accordance with the provisions of that Treaty. cation of goods in trade between the Parties. The provisions of this Agreement shall apply to textile products subject to the Agreement of 31 March 2005 between the For the purpose of this Agreement customs duties and charges European Community and the Republic of Serbia on trade in having equivalent effect to customs duties include any duty or textile products. charge of any kind imposed in connection with the importation or exportation of a good, including any form of surtax or Article 5 surcharge in connection with such importation or exportation, but do not include any: (SAA Article 20) Community concessions on industrial products (a) charges equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of Article III of the 1. Customs duties on imports into the Community and GATT 1994; charges having equivalent effect shall be abolished upon the entry into force of this Agreement on industrial products orig inating in Serbia.