COUNCIL REGULATION (EEC) N° 3953/92 of 21 December 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the territory of the former Yugoslav Republic of Macedonia

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof;

Having regard to the proposal from the Commission,

Whereas by Regulation (EEC) N° 545/92 (1), the Council granted the Republics of Croatia and Slovenia and the Yugoslav Republics of Bosnia-Herzegovina, Macedonia and Montenegro the benefit of trade provisions which are equivalent to those of the Cooperation Agreement concluded by the Community with the former Socialist Federal Republic of Yugoslavia;

Whereas by Regulation (EEC) N° 1433/92 (2), the Council removed Montenegro from the list of beneficiaries of these measures;

Whereas these measures should be maintained for 1993,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the special provisions laid down in Articles 2 to 8, products other than those listed in Annex II to the Treaty establishing the European Economic Community and in Annex A to this Regulation, originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and in the territory of the former Yugoslav Republic of Macedonia, shall be admitted for import into the Community without quantitative restrictions or measures having equivalent effect and exempt from customs duties and charges having equivalent effect.

This Article shall be without prejudice to the provisions of Council Regulation (EEC) N° 3301/91 of 11 November 1991 concerning import arrangements for certain textile products originating in Yugoslavia (3).

Article 2

The import duties, namely the customs duties and levies (variable 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

1. The import of products listed in Annexes C I, C II, C III, and C IV shall be subject, from 1 January to 31 December, to annual ceilings, indicated for each product, above which the customs duties actually applied in respect of third countries may be reintroduced in accordance with the provisions of paragraph 2.

2. As soon as a ceiling set for the import of a product has been reached, the Commission may reintroduce, by means of a regulation, the levying of the customs duties referred to in paragraph 1 until the end of the calendar year.

Article 4

1. In respect of products listed in Annex D and originating in the Republics and territory referred to in this Regulation, customs duties on imports into the Community shall be reduced to the levels indicated in the said Annex for each product.

2. In the case of products for which annual Community tariff quotas are indicated in Annex D, these reduced levels shall be granted within the limits of the quotas.

For quantities imported exceeding the quota, the Community shall apply the customs duties actually applied in respect of third countries.

3. With a view to the reduction of the customs duties in respect of certain products listed in Annex D and originating in the Republics and territory referred to in this Regulation, the annual reference quantity is set out in the said Annex.

4. For tobacco of the 'Prilep` type falling within CN codes ex 2401 10 60 and ex 2401 20 60 originating in and coming from the Republics and territory concerned, paragraphs 1 and 2 shall apply within the limits of an annual Community tariff quota of 1 500 tonnes.

5. For plum spirit marketed under the name of 'Sljivovica` falling within CN code ex 2208 90 33, paragraphs 1 and 2 shall apply within the limits of an annual quota of 5 420 hl.

6. For sweet cherries, clear fleshed, preserved in alcohol and intended for the manufacture of chocolate products, falling within CN code ex 2008 60 39, originating in the Republics and territory concerned, paragraphs 1 and 2 shall apply within the limits of an annual tariff quota of 3 000 tonnes.

Article 5

1. For sour cherries falling within CN codes 0809 20 20, 0809 20 60, ex 0811 90 10, ex 0811 90 30, 0811 90 75, 0812 10 00, 2008 60 51, 2008 60 61, 2008 60 71 or 2008 60 91 originating in the Republics concerned, the customs duties payable shall be those referred to in Annex D.

2. Paragraph 1 shall apply within the limits of a ceiling of 3 000 tonnes to sour cherries falling within CN codes 0809 20 20 and 0809 20 60 and of 19 900 tonnes to sour cherries falling within the other CN codes referred to therein. Where these ceilings are exceeded, the issuing of the import certificates provided for in respect of the products concerned may be suspended.

Paragraph 1 shall apply to sour cherries falling within CN codes ex 0811 90 10, ex 0811 90 30, 0811 90 75, 2008 60 51, 2008 60 61, 2008 60 71 or 2008 60 91 on condition that the minimum import price set by the Community is applied. Where the minimum price is not applied, a countervailing charge shall be payable.

Article 6

1. For wines of fresh grapes falling withing CN codes ex 2204 21 or 2204 29 originating in the Republics concerned, import duties shall be reduced to the levels set out in Annex D. This provision shall apply within the limit of an annual Community tariff quota of 545 000 hl. For quantities imported in excess of the quota, the Community shall apply the duty laid down in the common customs tariff.

2. Paragraph 1 shall apply on condition that the import price of the wines imported into the Community and originating in the Republics coincerned, increased by the customs duties actually collected, is at all times at least equal to the Community reference prices.

Article 7

The following provisions shall apply to 'baby-beef` products defined in Annex E:

1. Within the limits of a first annual Community quota of 25 000 tonnes, the amount of levy collected on imports into the Community shall be equivalent to 20 % of the basic levy. This provision shall apply on condition that the free-at-frontier offer price, increased by customs duty and the reduced levy, is equal to or higher than the Community intervention price for the category AU 3 increased by 5 %.

2. Within the limits of a second annual Community quota of 25 400 tonnes, to be used after the quota referred to in paragraph 1 is used up, the amount of levy collected on imports into the Community shall be equivalent to 50 % of the basic levy. This provision shall apply on condition that the free-at-frontier offer price, increased by customs duty and the reduced levy, is equal to or higher than the price resulting from application of the standard levy.

3. To help stabilize the Community's internal market, the Commission shall ensure that each Republic concerned maintains an appropriate delivery rate and shall adopt any measures required to ensure the orderly growth of its exports to the Community, in particular through effective controls on each consignment by means of a certificate stating that the goods originate in and come from the Republic concerned and correspond exactly to the definition in Annex E. The text of this certificate shall be drawn up by the Community.

4. Where the Community market price is less than 98 % of the guide price, paragraphs 1 and 2 shall apply within the limit of a volume of 4 200 tonnes per month. Where, during a certain month, this volume has not been entirely used up, the remaining quantity may only be carried over to the following month.

5. The Commission shall ensure that each Republic concerned transmits any relevant information concerning export prices together with the quantities and presentation of the products exported (livestock, carcases or quarters) to the Community authorities.

Article 8

The Kingdom of Spain and the Portuguese Republic shall apply, mutatis mutandis, customs duties calculated in accordance with Regulation (EEC) N° 4150/87 (1).

Article 9

The ceilings, reference quantities and quotas provided for in this Regulation shall apply as a whole to all the Republics to which this Regulation refers.

Article 10

The detailed rules for implementing the agricultural provisions referred to in this Regulation shall be determined by the Commission.

The rules of origin shall be adopted in accordance with the procedure laid down in Article 14 of Council Regulation (EEC) N° 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (2).

Article 11

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

It shall be applicable from 1 January to 31 December 1993.

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

Done at Brussels, 21 December 1992.

For the Council

The President

D. HURD

(1) OJ N° L 63, 7. 3. 1992, p. 1.

(2) OJ N° L 151, 3. 6. 1992, p. 7.

(3) OJ N° L 315, 15. 11. 1991, p. 3. Regulation as amended by Regulation (EEC) N° 52/92 (OJ N° L 6, 11. 1. 1992, p. 1).

(1) OJ N° L 389, 31. 12. 1987, p. 1.

(2) OJ N° L 54, 28. 2. 1991, p. 4. Regulation as last amended by Regulation (EEC) N° 546/91 (OJ N° L 54, 28. 2. 1991, p. 4).

ANNEX A

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ANNEX B

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ANNEX C I (a) (b)

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ANNEX C II (a) (b)

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ANNEX C III

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ANNEX C IV (a) (b)

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ANNEX CV

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ANNEX D

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ANNEX E

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