Legal provisions of COM(1999)689 - Arrangements applicable to imports into the EC of products from the Republics of Bosnia and Herzegovina and Croatia and to imports of wine from Macedonia and Slovenia

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dossier COM(1999)689 - Arrangements applicable to imports into the EC of products from the Republics of Bosnia and Herzegovina and Croatia and to ...
document COM(1999)689 EN
date December 17, 1999

Contents

Article 1

1. Subject to the special provisions laid down in Articles 2 to 5, products originating in the Republics of Bosnia and Herzegovina and Croatia, other than those listed in Annex I to the Treaty establishing the European Community and in Annex A to this Regulation, shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and with exemption from customs duties and charges having equivalent effect.

2. Wine imports originating in the Republic of Slovenia and the former Yugoslav Republic of Macedonia shall benefit from concessions provided for in Article 5.

3. Entitlement to benefit from the preferential arrangements introduced by this Regulation shall be subject to respect for the definition of the concept of originating products provided for in title IV, Chapter 2, section 2 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.

Article 2 - Processed agricultural products

The import duties, namely the customs duties and agricultural components, applicable on import into the Community of the products listed in Annex B shall be those indicated for each product in the said Annex.

Article 3 - Textile Products

1. The textile products originating in the countries referred to in Article 1(1) of this Regulation and indicated in Annex III B of Council Regulation (EC) No 517/94 shall be admitted for import into the Community with exemption from customs duties and charges having equivalent effect within the annual Community quantitative limits fixed in Regulation (EC) No 517/94.

2. Re-importations following an outward processing operation, in accordance with Regulation (EC) No 3036/94 , shall be admitted within the limits of the Community annual quantities set in Annex VI to Council Regulation (EC) No 517/94 for the countries referred to in Article 1(1) of this Regulation and shall also be exempt from customs duties.

OJ L 322 ,15.12.1994, p. 1.

Article 4 - Industrial products - tariff ceilings

1. From 1 January to 31 December each year, imports into the Community of certain products originating in the countries referred to in Article 1 (1) of this Regulation and listed in Annexes C, shall benefit from an exemption from customs duties in accordance with the annual tariff ceilings specified in these Annexes.

The description of the products referred to in the first subparagraph, their Combined Nomenclature codes, their Taric-subdivisions and the corresponding ceilings are set out in the said Annexes. The amounts of the ceilings shall be increased annually by 5% of the volume of the previous year.

2. The tariff ceilings referred to in this Article shall be subject to Community surveillance managed by the Commission, in close co-operation with the Member States, in accordance with Article 308d of Regulation (EEC) No 2454/93. Communication for that purpose between the Member States and the Commission happens, as far as possible, by telematic link.

3. Quantities shall be charged against the ceilings as and when declarations for release for free circulation are lodged with customs authorities with an evidence of origin issued in accordance with the provisions of Article 1 (3).

Goods may be charged against a ceiling only if the evidence of origin is presented before the date on which customs duties are reintroduced.

4. As soon as a tariff ceiling is reached, the Commission may adopt a Regulation re-introducing, until the end of the calendar year, the customs duties applicable to third countries in respect of imports of the products concerned.

Article 5 - Agricultural products

1. Imports into the Community of products originating in the countries referred to in Article 1 (1) and listed in Annex D, shall benefit from the tariff concessions listed in that Annex.

2. The customs duties applicable to imports into the Community of the products listed in Annex E originating in the countries referred to in Article 1(1) and wine originating in the countries referred to in Article 1(1) and (2), shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas indicated for each one in that Annex.

The tariff quotas referred to in paragraph 2 of this Article shall be administered by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93. Communication for that purpose between the Member States and the Commission happens, as far as possible, by telematic link.

Each Member State shall ensure that importers of the products in question have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits.

3. The customs duties applicable to imports into the Community of baby-beef products defined in Annex F and originating in the republics referred to in Article 1(1), shall be 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff, within the limit of an annual tariff quota of 10.900 tonnes expressed in carcass weight.

The volume of the annual tariff quota of 10.900 tonnes shall be distributed among the beneficiary republics, as follows:

a) 1.500 tonnes (carcass weight) for baby-beef products originating in Bosnia and Herzegovina,

b) 9.400 tonnes (carcass weight) for baby-beef products originating in Croatia.

Any request for import within these quotas has to be accompanied by an authenticity certificate issued by the competent authorities of the exporting country and attesting that the goods are originating in the republic concerned and correspond to the definition in Annex F. This certificate shall be drawn up by the Commission according to the procedure provided for in Article 6.

General provisions

Article 6

The detailed rules for implementing the tariff quota for "baby-beef products shall be determined by the Commission according to the procedure provided for in Article 43 of Council Regulation (EC) No 1254/99 of 17 May 1999 on the common organisation of the market in beef and veal.

OJ L 160, 26.6.1999, p. 21.

Article 7

The provisions necessary for the application of this Regulation, other than those provided for in Article 4(4) and in Article 6, notably:

(a) amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the Taric-subdivisions,

(b) necessary adjustments following the conclusion of other agreements between the Community and the countries referred to in Article 1 (1) and (2) of this Regulation;

shall be adopted by the Commission in accordance with the procedure set out in Article 8.

Article 8

1. The Commission shall be assisted by the Customs Code Committee instituted by Article 247 of Regulation (EEC) No 2913/92.

2. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) thereof.

3. The period provided for in Article 4 (3) of Decision 1999/468/EC shall be one month.

Article 9

Member States and the Commission shall co-operate closely to ensure that this Regulation is complied with.

Article 10 - Temporary suspension clause

1. Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative co-operation as required for the verification of evidence of origin by countries covered by this Regulation, 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 Committee referred to in Article 8;

- called on the Member States to take such precautionary measures as are necessary in order to safeguard the Community's financial interests;

- published a notice in the Official Journal of the European Communities stating that there are grounds for reasonable doubts about the application of the preferential arrangements by the beneficiary country concerned which may call into question its right to continue enjoying the benefits granted by this Regulation.

2. A Member State may refer the Commission's decision to the Council within 10 days. The Council, acting by a qualified majority, may take a different decision within 30 days.

3. On conclusion of the period of suspension, the Commission shall decide either to:

- terminate the provisional suspension measure following consultation of the Committee referred to in paragraph 1; or

- extend the suspension measure in accordance with the procedure provided for in paragraph 1.

Article 11

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2000 to 31 December 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.