L 328 Official Journal
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ISSN 1725-2555 Official Journal L 328 of the European Union Volume 52 English edition Legislation 15 December 2009 Contents I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory REGULATIONS ★ 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 . 1 ★ Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products 10 ★ Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community . 27 II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory DECISIONS Council 2009/947/EC: ★ Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services . 39 (Continued overleaf) Price: EUR 4 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 Contents (continued) AGREEMENTS Council ★ Notice concerning the entry into force of the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union . 40 ★ Notice concerning the entry into force of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products . 41 III Acts adopted under the EU Treaty ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY ★ Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conf licts of exercise of jurisdiction in criminal proceedings . 42 ★ Council Decision 2009/949/JHA of 30 November 2009 adjusting the basic salaries and allowances applicable to Europol staff . 48 V Acts adopted from 1 December 2009 under the Treaty on European Union, the Treaty on the Functioning of the European Union and the Euratom Treaty ACTS WHOSE PUBLICATION IS OBLIGATORY Commission Regulation (EU) No 1218/2009 of 14 December 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables . 50 ★ Commission Regulation (EU) No 1219/2009 of 14 December 2009 laying down detailed rules for the application in 2010 of the import tariff quotas for ‘baby beef’ products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia, Kosovo and Montenegro . 52 EN (Continued on inside back cover) 15.12.2009 EN Official Journal of the European Union L 328/1 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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) THE COUNCIL OF THE EUROPEAN UNION, (5) These measures are proposed as part of the EU Stabili sation and Association process, in a response to the specific situation in the Western Balkans. They will not Having regard to the Treaty establishing the European constitute a precedent for Community trade policy with Community, and in particular Article 133 thereof, other third countries. Having regard to the proposal from the Commission, (6) In accordance with the EU Stabilisation and Association Whereas: process, based on the earlier Regional Approach and the Council Conclusions of 29 April 1997, the development of bilateral relations between the European Union and (1) Council Regulation (EC) No 2007/2000 of 18 September the Western Balkan countries is subject to certain 2000 introducing exceptional trade measures for conditions. The granting of autonomous trade pref countries and territories participating in or linked to erences is linked to respect for fundamental principles the European Union’s Stabilisation and Association of democracy and human rights and to the readiness process, amending Regulation (EC) No 2820/98, and of the countries concerned to develop economic repealing Regulations (EC) No 1763/1999 and (EC) No relations between themselves. The granting of improved 6/2000 ( 1), has been substantially amended several autonomous trade preferences in favour of countries times ( 2 ). In the interests of clarity and rationality the participating in the EU Stabilisation and Association said Regulation should be codified. process should be linked to their readiness to engage in effective economic reforms and in regional coop eration, in particular through the establishment of free (2) At its meeting in Lisbon on 23 and 24 March 2000, the trade areas in accordance with relevant GATT/WTO European Council concluded that Stabilisation and standards. In addition, entitlement to benefit from Association Agreements with Western Balkan countries autonomous trade preferences is conditional on the should be preceded by asymmetrical trade liberalisation. involvement of the beneficiaries in effective adminis trative cooperation with the Community in order to prevent any risk of fraud. (3) A continued Community market opening to imports from the Western Balkan countries is expected to contribute to the process of political and economic stabilisation in the region while not creating negative (7) Trade preferences can only be granted to countries or effects for the Community. territories possessing a customs administration. (4) It is, therefore, appropriate further to improve the Community’s autonomous trade preferences by removing all remaining tariff ceilings for industrial (8) Bosnia and Herzegovina, Serbia and Kosovo, as defined products and by further improving access to the by the United Nations Security Council Resolution 1244 Community market for agricultural and fishery (1999) subject to international civil administration by the products, including processed products. United Nations Mission in Kosovo (UNMIK) (hereinafter referred to as Kosovo), fulfil these conditions, and similar ( 1 ) OJ L 240, 23.9.2000, p. 1. trade preferences should be granted to all of them in ( 2 ) See Annex III. order to avoid discrimination within the region. L 328/2 EN Official Journal of the European Union 15.12.2009 (9) The trade measures provided for in this Regulation Herzegovina or in the customs territories of Serbia or Kosovo should take into account that Serbia and Kosovo each shall benefit from concessions provided for in Article 3. constitute a separate customs territory. 3. Products originating in Albania, in Croatia, in the former (10) The Community has concluded an agreement on trade in Yugoslav Republic of Macedonia or in Montenegro shall textile products with Serbia ( 1 ). continue to benefit from the provisions of this Regulation where so indicated or from any measures provided for in this (11) Albania, Croatia, the former Yugoslav Republic of Regulation which are more favourable than the trade Macedonia and Montenegro should remain beneficiaries concessions provided for in the framework of bilateral of this Regulation only in so far as this Regulation agreements between the Community and these countries. provides for concessions which are more favourable than the concessions existing under the contractual regimes between the Community and those countries. Article 2 Conditions for entitlement to the preferential (12) For the purposes of certification of origin and adminis arrangements trative cooperation procedures, the relevant provisions of Commission Regulation (EEC) No 2454/93 of 2 July 1. Entitlement to benefit from the preferential arrangements 1993 laying down provisions for the implementation introduced by Article 1 shall be subject to the following: of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 2) should be applied. (a) compliance with the definition of ‘originating products’ provided for in Part I, Title IV, Chapter 2, Section 1, (13) For the sake of rationalisation and simplification, it is Subsection 1 of Regulation (EEC) No 2454/93; appropriate to provide that the Commission may, after consulting the Customs Code Committee and without prejudice to the specific procedures provided for in this (b) the abstention of the countries and territories referred to in Regulation, make any necessary changes and technical Article 1 from introducing new duties or charges having amendments necessary to this Regulation. equivalent effect and new quantitative restrictions or measures having equivalent effect in respect of imports orig (14) The measures necessary for the implementation of this inating in the Community or from increasing existing levels Regulation should be adopted in accordance with of duties or charges or from introducing any other Council Decision 1999/468/EC of 28 June 1999 laying restrictions from 30 September 2000; and down the procedures for the exercise of implementing powers conferred on the Commission ( 3). (c)