30.6.2008 EN Official Journal of the European Union L 169/1 
 I 
(Acts adopted under the EC Treaty/Euratom Tr eaty whose publica tion is obligatory) 
REGULATIONS 
Council Regulation (EC) No 594/2008 
of 16 June 2008 
on certain procedures for applying the Stabilisation and Association Agreement 
between the European Communities and their Member States, of the one part, 
and Bosnia and Herzegovina, of the other part, 
and for applying the Interim Agreemen t on trade and trade-related matters 
between the European Community, of the one part, 
and Bosnia and Herzegovina, of the other part 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in  particular Article 133 
thereof, 
Having regard to the proposal from the Commission, Whereas: 
(1) A Stabilisation and Association Agreement between the European Communities and their 
Member States, of the one part, and Bosnia a nd Herzegovina, of the ot her part, (hereinafter 
referred to as the SAA) was si gned in Luxembourg on 16 June 2008. 
L 169/2 EN Official Journal of the European Union 30.6.2008 
 (2) On 16 June 2008 the Council concluded an In terim Agreement on trade and trade-related 
matters between the European Community, of the one part, and Bosnia and Herzegovina, 
of the other part,1 (hereinafter referred to as the In terim Agreement) which provides for the 
early entry into force of the trade and trad e-related provisions of the SAA. The Interim 
Agreement is to enter into force on the firs t day of the month following the date of the 
deposit of the last instrument of ratification or approval. 
(3) It is necessary to lay down the procedures  for applying certain provisions of the Interim 
Agreement. Since the trade and trade-related pr ovisions of these instruments are to a very 
large extent identical, this Re gulation should also apply to the implementation of the SAA 
after its entry into force. 
(4) The SAA and the Interim Agreement stipulate that fishery products originating in Bosnia 
and Herzegovina may be imported into the Co mmunity at a reduced customs duty, within 
the limits of tariff quotas. It is therefore necessary to lay down pr ovisions regulating the 
management of these tariff quotas. 
(5) Where trade defence measures become necessary, they should be adopted in accordance 
with the general provisions laid down in  Council Regulation (E C) No 3285/94 of 22 
December 1994 on the common rules for imports2, Council Regulation (EEC) No 2603/69 
of 20 December 1969 establishing common rules for exports3, Council Regulation (EC) No 
384/96 of 22 December 1995 on protection agains t dumped imports from countries not 
members of the European Community4 or, as the case may be Council Regulation (EC) No 
2026/97 of 6 October 1997 on protection against subsidised imports from countries not 
members of the European Community1. 
(6) Where a Member State provi des the Commission with inform ation on a possible fraud or 
failure to provide administrative cooperati on, the relevant community legislation shall 
                                                 
1 See page  of this Official Journal. 
2 OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulati on (EC) No 2200/2004 
(OJ L 374, 22.12.2004, p. 1). 
3 OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regulati on (EEC) No 3918/91 
(OJ L 372, 31.12.1991, p. 31). 
4 OJ L 56, 6.3.1996, p. 1. Regulation as last am ended by Regulation (EC) No 2117/2005 (OJ 
L 340, 23.12.2005, p. 17). 
30.6.2008 EN Official Journal of the European Union L 169/3 
 apply, in particular Counc il Regulation (EC) No 515/97 of 13 March 1997 on mutual 
assistance between the administrative authorit ies of the Member States and cooperation 
between the latter and the Commission to en sure the correct application of the law on 
customs and agricultural matters2. 
(7) For the purposes of implementing the relevant provisions of this Regulation the 
Commission should be assisted by the Cust oms Code Committee established by Council 
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs 
Code3. 
(8) The measures necessary for the implementation of this Regulation should be adopted in 
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of impl ementing powers conferred on the Commission
4, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Subject matter 
This Regulation lays down certain procedures  for the adoption of detailed rules for the 
implementation of certain provisions of the Stab ilisation and Associati on Agreement between the 
European Communities and their Member States, of  the one part, and Bosnia and Herzegovina, of 
the other part, (hereinafter referred to as th e SAA), and of the Interim Agreement on trade and 
trade-related matters between the European Community, of the one part, and Bosnia and 
Herzegovina, of the other part (hereinafter  referred to as the Interim Agreement). 
                                                                                                                                                                  
1 OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 
(OJ L 77, 13.3.2004, p. 12). 
2 OJ L 82, 22.3.1997, p. 1. Regulation as ame nded by Regulation (EC) No 807/2003 (OJ 
L 122, 16.5.2003, p. 36). 
3 OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulati on (EC) No 1791/2006 
(OJ L 363, 20.12.2006, p. 1). 
4 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 
22.7.2006, p. 11). 
L 169/4 EN Official Journal of the European Union 30.6.2008 
 Article 2 
Concessions for fish and fishery products 
Detailed rules on the implementation of Article 13 of the Interim Agreement, and thereafter Article 
28 of the SAA, concerning the tariff quotas for fi sh and fishery products, shall be adopted by the 
Commission in accordance with the management pro cedure referred to in Article 12(2) of this 
Regulation. 
Article 3 
Tariff reductions 
1. Subject to paragraph 2, rates of  preferential duty shall be ro unded down to the first decimal 
place. 
2. Where the result of calculating the rate of the preferential du ty pursuant to paragraph 1 is 
one of the following, the preferential rate  shall be considered a full exemption: 
(a) 1 % or less in the case of ad valorem duties; or (b) EUR 1 or less per individual amount in the specific duties. 
Article 4 
Technical adaptations 
Amendments and technical adaptations to the pr ovisions adopted pursuant to this Regulation 
rendered necessary by changes to the Combin ed Nomenclature codes and to the TARIC 
subdivisions or arising from the c onclusion of new or modified Ag reements, Protocols, Exchanges 
of Letters or other acts between the Community a nd Bosnia and Herzegovina, shall be adopted in 
accordance with the management proce dure referred to in Article 12(2). 
30.6.2008 EN Official Journal of the European Union L 169/5 
 Article 5 
General safeguard clause 
Without prejudice to Article 7, where the Community needs to take a measure as provided for in 
Article 24 of the Interim Agreemen t, and thereafter Article 39 of the SAA, it shall be adopted in 
accordance with the conditions and procedures la id down in Regulation (EC) No 3285/94, unless 
otherwise specified in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA. 
Article 6 
Shortage clause 
Without prejudice to Article 7, where the Community needs to take a measure as provided for in 
Article 25 of the Interim Agreemen t, and thereafter Article 40 of the SAA, it shall be adopted in 
accordance with the procedures laid  down in Regulation (EEC) No 2603/69. 
Article 7 
Exceptional and critical circumstances 
Where exceptional and critical circumstances ar ise within the meaning of Articles 24(5)(b) and 
25(4) of the Interim Agreement, and thereafter  Article 39(5)(b) and 40(4) of the SAA, the 
Commission may take immediate meas ures as provided for in Articles 24 and 25 of the Interim 
Agreement, and thereafter Article 39 and 40 of the SAA. 
If the Commission receives a reques t from a Member State, it sha ll take a decision thereon within 
five working days of receipt of the request. 
The Commission shall notify the Council of its decision. 
Any Member State may refer the Commission’s deci sion to the Council within 10 working days of 
receiving notificati on of the decision. 
The Council, acting by a qualified majority, may ta ke a different decisi on within two months. 
L 169/6 EN Official Journal of the European Union 30.6.2008 
 Article 8 
Safeguard clause for agricultu ral and fishery products 
1. Notwithstanding the procedures provided for in Articles 5 and 6 of this Regulation, where 
the Community needs to take a safeguard m easure as provided for in Article 24 of the 
Interim Agreement, and thereafter Article 39 of the SAA, concer ning agricultural and 
fishery products, the Commission shall, at th e request of a Member State or on its own 
initiative, decide upon the necessary measures after, where applicable, having had recourse 
to the referral procedure provided for in Article 24 of the Interim Agreement, and 
thereafter Article 39 of the SAA. 
 If the Commission receives a re quest from a Member State, it shall take a decision thereon: 
(a) within three working days following the receipt of a request, where the referral 
procedure provided for in Article 24 of the Interim Agreement, and thereafter Article 
39 of the SAA, does not apply; or 
(b) within three days of the end of the 30 days period referre d to in Articles 24(5)(a) of 
the Interim Agreement, and thereafter Articl e 39(5)(a) of the SAA, where the referral 
procedure provided for in Article 24 of the Interim Agreement, and thereafter Article 
39 of the SAA, applies. 
 The Commission shall notify the Co uncil of the measures it decided. 
2. Measures decided on by the Commission pursuan t to paragraph 1 may be referred to the 
Council by any Member State within three work ing days of the date on which they were 
notified. The Council shall meet  without delay. It may, acti ng by qualified majority, amend 
or repeal the measures in ques tion within one month following the date on which they were 
referred to the Council. 
30.6.2008 EN Official Journal of the European Union L 169/7 
 Article 9 
Dumping and subsidy 
In the event of a practice which is liable to wa rrant application by the Co mmunity of the measures 
provided for in Article 23(2) of the Interim Agreem ent, and thereafter Article 38(2) of the SAA, the 
introduction of anti-dumping and/or countervaili ng measures shall be decided upon in accordance 
with the provisions laid down in, respectively, Regulation (EC) No 384/96 and/or Regulation (EC) 
No 2026/97. 
Article 10 
Competition 
1. In the event of a practice that may justify application by the Commun ity of the measures 
provided for in Article 36 of the Interim Agre ement, and thereafter Article 71 of the SAA, 
the Commission shall, after examining the case, on its own initiative or on the request of a 
Member State, decide whether such pract ice is compatible with the Agreement. 
 The measures provided for in Article 36(10) of the Interim Agreement, and thereafter 
Article 71(10) of the SAA, shall be adopted in the cases of aid in accordance with the 
procedures laid down in Regul ation (EC) No 2026/97 and in the other cases in accordance 
with the procedure laid down in Article 133 of the Treaty. 
2. In the event of a practice that may cause measures to be applied to the Community by 
Bosnia and Herzegovina on the basis of Ar ticle 36 of the Interim Agreement, and 
thereafter Article 71 of the SAA, the Commi ssion shall, after examining the case, decide 
whether the practice is compatible with the pr inciples set out in the Interim Agreement, 
and thereafter the SAA. Where necessary, it shal l take appropriate decisions on the basis of 
criteria which result from the applica tion of Articles 81, 82 and 87 of the Treaty. 
L 169/8 EN Official Journal of the European Union 30.6.2008 
 Article 11 
Fraud or failure to provide administrative cooperation 
Where the Commission, on the basis of informati on provided by a Member State or on its own 
initiative, finds that the conditions  laid down in Article 29 of the In terim Agreement, and thereafter 
in Article 44 of the SAA, are fulf illed, it shall, w ithout undue delay: 
(a) inform the Council; and 
(b) notify the Interim Committee, and thereafter th e Stabilisation and Association Committee, 
of its finding together with the objective info rmation, and enter into consultations within 
the Interim Committee, and thereafter the Stabilisation and Association Committee. 
Any publication under  Article 29(5) of the Interim Agreement, and thereafter in Article 44(5) of the 
SAA, shall be effected by the Commission in the Official Journal of the European Union . 
The Commission may decide, in accor dance with the advisory procedur e referred to in Article 12(3) 
of this Regulation, to suspend temporarily the rele vant preferential treatment  of the products as 
provided for in Article 29(4) of the Interim Agre ement, and thereafter Article 44(4) of the SAA.  
Article 12 
Committee 
1. The Commission shall be assisted by the Cu stoms Code Committee set up by Article 248a 
of Regulation (EEC) No 2913/92.  
2. Where reference is made to this paragra ph, Articles 4 and 7 of Decision 1999/468/EC shall 
apply. 
 The period laid down in Article  4(3) of Decision 1999/468/EC sh all be set at three months. 
3. Where reference is made to this paragra ph, Articles 3 and 7 of Decision 1999/468/EC shall 
apply. 
30.6.2008 EN Official Journal of the European Union L 169/9 
 Article 13 
Notification 
The Commission, acting on behalf of the Community, shall be responsible fo r notification to the 
Interim Committee, and thereafter the Stabilisat ion and Association Counc il and the Stabilisation 
and Association Committee, respectively, as re quired by the Interim Agreement or the SAA. 
Article 14 
Entry into force 
This Regulation shall ente r into force on the day of  its publication in the Official Journal of the 
European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Luxembourg, 16 June 2008. 
 For the Council 
 The President 
D. RUPEL 
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