COUNCIL REGULATION (EEC) N° 4150/87 of 21 December 1987 laying down arrangements for Spain's and Portugal's trade with Yugoslavia and amending Regulation (EEC) N° 449/86 and N° 2573/87

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 a Cooperation Agreement has been concluded between the European Economic Community and the Socialist Federal Republic of Yugoslavia(1);

Whereas the Protocol to the abovementioned Agreement which is to be concluded as a result of the accession of Spain and Portugal to the Community must be approved by the Contracting Parties in accordance with their own procedures;

Whereas pending completion of those procedures, without which the Protocol cannot enter into force, it is necessary to establish the arrangements for Spain's and Portugal's trade with Yugoslavia which are to replace the arrangements established by Council Regulation (EEC) N° 449/86(2), as amended by Regulation (EEC) N° 2573/87(3) Whereas Regulation (EEC) N° 2573/87 laid down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other, pending the entry into force of the Protocols to be concluded with those countries following the accession of Spain and Portugal;

Whereas Regulation (EEC) N° 2573/87 should be adjusted insofar as trade between Spain and Portugal with Yugoslavia is concerned; whereas those adjustments should appear in the Annex to this Regulation;

Whereas it is necessary to amend Article 1 of Regulation (EEC) N° 449/86,

HAS ADOPTED THIS REGULATION:

Article 1

1. The Kingdom of Spain and the Portuguese Republic shall apply to trade in the products covered by the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia the arrangements resulting from that Agreement, subject to the specific conditions provided for in Regulation (EEC) N° 2573/87.

2. Regulation (EEC) N° 2573/87 shall apply to trade with Yugoslavia subject to the special arrangements set out in the Annex to this Regulation.

Article 2

In Article 1 of Regulation (EEC) N° 449/86, 'Yugoslavia' shall be added to the Mediterranean non-member countries.

Article 3

This Regulation shall enter into force on 1 January 1988.

It shall apply until the entry into force of the Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia, consequent upon the accession of the Kingdom of Spain and the Portuguese Republic to the Community.

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

Done at Brussels, 21 December 1987.

For the CouncilThe PresidentB. HAARDER

(1)OJ N° L 41, 14. 2. 1983, p. 2.

(2)OJ N° L 50, 28. 2. 1986, p. 40.

(3)OJ N° L 250, 1. 9. 1987, p. 1.

ANNEX Special arrangements for applying the provisions of Regulation (EEC) N° 2573/87 to trade between Spain and Portugal and Yugoslavia

The provisions of the Articles and Annexes of Regulation (EEC) N° 2573/87 which are indicated below shall be applied subject to the following special arrangements:

Article 2 This Article shall be replaced where Yugoslavia is concerned by the following:

'1. For products originating in Yugoslavia, the Kingdom of Spain shall progressively align its customs duties on those resulting from the application of the Agreement, as provided for in paragraphs 2 to 5.

2. The Kingdom of Spain shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:

-on the date of entry into force of this Regulation, the difference shall be reduced to 62,5 % of the initial difference,

-on 1 January 1989 the difference shall be reduced to 47,5 % of the initial difference,

-on 1 January 1990 the difference shall be reduced to 35 % of the initial difference,

-on 1 January 1991 the difference shall be reduced to 22,5 % of the initial difference,

-on 1 January 1992 the difference shall be reduced to 10 % of the initial difference.

The Kingdom of Spain shall apply the preferential rates in full from 1 January 1993.

3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place.' Article 3 This Article shall be replaced where Yugoslavia is concerned by the following:

'1. The basic duty for each product to which the successive reductions provided for in Article 2 (2) are to be applied shall be the duty actually applied by the Kingdom of Spain vis-à-vis the Community on 1 January 1985.

2. By way of derogation from paragraph 1:

-in the case of products listed in Annex I, the basic duty shall be the duty applied by the Kingdom of Spain vis-à-vis Yugoslavia on 1 January 1985,

-for crude petroleum oils or oils obtained from bituminous minerals originating in Yugoslavia, the basic duty applied by the Kingdom of Spain shall be zero.' Article 6 This Article shall be replaced where Yugoslavia is concerned by the following:

'For products covered by Regulation (EEC) N° 3033/80, listed in Annex B to the Cooperation Agreement and originating in Yugoslavia, the Kingdom of Spain shall:

-progressively align its customs duties on the duties constituting the fixed component of the charge resulting from the application of the Agreement, starting from the basic duties indicated in Annex V and in accordance with the timetable laid down in Article 3 (2),

-from the date of entry into force of this Regulation, apply the preferential rates resulting from the Agreement to the variable component of the charge.' Article 12 This Article shall be replaced where Yugoslavia is concerned by the following:

'1. For products originating in Yugoslavia, the Portuguese Republic shall align its customs duties, from the date of entry into force of this Regulation, on the duties resulting from the application of the Agreement.

2. By way of derogation from paragraph 1, for the products referred to in Annex X, originating in Yugoslavia, the Portuguese Republic shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable:

-on the date of entry into force of this Regulation, the difference shall be reduced to 65 % of the initial difference,

-on 1 January 1989 the difference shall be reduced to 50 % of the initial difference,

-on 1 January 1990 the difference shall be reduced to 40 % of the initial difference,

-on 1 January 1991 the difference shall be reduced to 30 % of the initial difference,

-on 1 January 1992 the difference shall be reduced to 15 % of the initial difference.

The Portuguese Republic shall apply the preferential rates in full from 1 January 1993.

3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place by deleting the second decimal.' Article 13 Paragraph 2 of this Article shall be replaced where Yugoslavia is concerned by the following:

'By way of derogation from paragraph 1, for the products listed in Annex XI, the basic duties to which the successive reductions provided for in Article 12 (2) are to be applied shall be the duties indicated in that Annex, provided the said duties are higher than the duties actually applied by the Portuguese Republic vis-à-vis Yugoslavia on 1 January 1985.' Article 17 This Article shall be supplemented by the following:

'The Portuguese Republic may apply quantitative restrictions to imports of the following product until 31 December 1992 provided that it applies similar measures vis-à-vis non-preferential third countries; the restrictions shall take the form of a quota:

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The quota shall be increased by 20 % at the beginning of each year; each successive increase shall be added to the quota and the following increase calculated on the basis of the total thus obtained. Where it is found that Portuguese imports of the product concerned originating in Yugoslavia have been less than 90 % of the quota level in two consecutive years, imports thereof shall be liberalized at the beginning of the year following the two years in question.' Article 18 This Article shall be replaced where Yugoslavia is concerned by the following:

'For products covered by Regulation (EEC) N° 3033/80, listed in Annex B to the Cooperation Agreement, originating in Yugoslavia, the Portuguese Republic shall:

-progressively align its customs duties on the duties constituting the fixed component of the charge resulting from the application of the Cooperation Agreement, starting from the basic duties indicated in Annex XIII and in accordance with the timetable laid down in Article 12 (2),

-in respect to the variable component of this charge, apply the preferential rates provided for the Agreement from the date in the first year of the second stage of the transitional arrangements on which the second-stage rules come into force in respect of the commodities whose marketing year starts the latest.' Article 25 For Yugoslavia the date '1 September 1987' shall be replaced by that of '1 January 1988'.

ANNEX I List provided for in Article 2, applicable to Yugoslavia

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ANNEX II List provided for in the first indent of Article 5 (1), applicable to Yugoslavia

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ANNEX III List provided for in the second indent of Article 5 (1), applicable to Yugoslavia:

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ANNEX IV List provided for in the last subparagraph of Article 5 (1), applicable to Yugoslavia:

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ANNEX V List provided for in Article 6 applicable to Yugoslavia

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ANNEX X List provided for in Article 12 (2) applicable to Yugoslavia

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ANNEX XIII List provided for in Article 18 applicable to Yugoslavia

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