Proposal for a Council Regulation (EC) amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia
Date: 1997-11-28
Institutions: European Commission
Subjects: Yugoslavia, import (EU), originating product, trade agreement, wine

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.11.1997 
COM(97) 637 final 

97/0331 (ACQ 

Proposal for a 

COUNCIL REGULATION TEC) 

amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports 
into the Community of products originating in the Republics of Bosnia-Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of 
Macedonia and to imports of wine originating in the Republic of Slovenia 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

Council  Regulation  (EC)  No  70/97  concerning  the  arrangements  applicable  to  imports  into 
the Community  of products originating  in the Republics of Bosnia-Herzegovina,  Croatia, the 
Federal  Republic  of  Yugoslavia  and  the  former  Yugoslav  Republic  of  Macedonia  and  to 
imports of wine originating in the Republic of Slovenia, expires on 31 December  1997. 

Regulation  (EC)  No  70/97,  as  last  amended  by  Regulation  (EC)  825/97,  contains  the 
autonomous  preferential  measures  applicable  to  imports  into  the  Community  of  products 
originating  in  the  Republics  of  Bosnia-Herzegovina,  Croatia,  the  Federal  Republic  of 
Yugoslavia  and  the  former  Yugoslav  Republic  of  Macedonia,  countries  formerly  part  of 
Yugoslavia with which no bilateral  agreements have yet entered  into force.  Furthermore, as 
the  agreement  on  'wines  and  spirits'  envisaged  by  the  Europe  Agreement  between  the 
European  Community  and  the  Republic  of  Slovenia  has  yet  to  be  concluded,  Regulation 
70/97 also grants autonomous and transitional concessions for imports of wines originating in 
Slovenia 

Awaiting the eventual replacement of these arrangements by provisions contained  in bilateral 
Furthermore,  the  Cooperation 
agreements,  Regulation  70/97  should  be  maintained. 
Agreement  between  the  European  Community  and  the  former  Yugoslav  Republic  of 
Macedonia  now  being  expected  to  enter  into  force  on  1 January  1998, the  former  Yugoslav 
Republic  of  Macedonia  will,  from  that  date,  with  the  exception  of  wine,  no  longer  benefit 
from the autonomous preferential  regime under Regulation (EC) No 70/97. 

The aim of the attached  proposal  for  a Council  Regulation  (EC) amending  Regulation  70/97 
is: 

- 

- 

- 

the extension of Regulation 70/97 to  1998, with the exception of the preferences  granted to 
the FRY, given its non-compliance with political conditionality; 

the necessary amendments to this autonomous preferential  regime following  the entry into 
force  of  the  Cooperation  Agreement  between  the  European  Community  and  the  former 
Yugoslav Republic of Macedonia, 

the  technical  adjustments  necessary  following 
nomenclature, 

the  amendments 

to  the  combined 

- 

the annual increase by 5 % of the amounts of the ceilings for industrial products 

The  Commission  recommends  the  attached  proposal  for  a  Council  Regulation  (EC)  for 
adoption to the Council. 

Proposal for a 

COUNCIL REGULATION (EC) 

amending Regulation  (EC) No 70/97 concerning the arrangements applicable to imports 
into the Community of products originating in the Republics of Bosnia-Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of 
Macedonia and to imports of wine originating in the Republic of Slovenia 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

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

Having regard to the Proposal from  the Commission 1, 

Whereas  Council  Regulation  (EC)  No  70/97  of  20  December  1996  concerning  the 
arrangements  applicable  to  imports  into  the  Community  of  products  originating  in  the 
Republics  of  Bosnia-Herzegovina,  Croatia,  the  Federal  Republic  of  Yugoslavia  and  the 
former  Yugoslav  Republic  of Macedonia  and to  imports  of wine originating  in the  Republic 
of  Slovenia^,  as  last  amended  by  Council  Regulation  (EC)  No  825/97-*,  expires  on  31 
December  1997; 

Whereas  these  arrangements  will  eventually  have to  be  replaced  by  provisions  contained  in 
bilateral agreements to be negotiated with the countries in question; 

the  Council  has  concluded  a  Cooperation  Agreement  between  the  European 
Whereas 
Community  and the  former  Yugoslav  Republic  of  Macedonia^;  whereas  from  the  date  of 
entry  into  force  of that Agreement,  products originating  in the  former  Yugoslav  Republic  of 
Macedonia  will,  with  the  exception  of  wine,  no  longer  benefit  from  the  autonomous 
preferential  regime under Council Regulation No 70/97; 

Whereas the arrangements  for the other beneficiary  countries granted by Regulation  (EC) No 
70/97  should  be  maintained,  with  the  exception  of  those  for  the  Federal  Republic  of 
Yugoslavia; 

Whereas  the  amounts  of  the  tariff  ceilings  for  industrial  products  should  be  increased 
annually  by  5  %  as  provided  for  in  the  Cooperation  Agreement  between  the  European 
Economic  Community  and  the  Socialist  Federal  Republic  of  Yugoslavia  signed  on  2  April 
1980  and  denounced  on  25  November  1991,  Agreement  on  which  the  trade  concessions 
provided  for  in Regulation  (EC) No  70/97 are based;  whereas  following  the  amendments  to 
the combined nomenclature, Regulation (EC) No 70/97 should be amended  accordingly; 

Whereas  in  accordance  with  the  conclusions  of  the  Council  of  29  April  1997,  the 
development of bilateral relations between the European Union and the successor republics of 
the  former  Yugoslavia,  other  than  Slovenia,  is  subject  to  certain  conditions;  whereas  the 

1  OJNoL 

of 

.1997, p. 

2  OJ No L  16 of  18.1.1997, p. 1. 

3  OJ No L  119 of 8.5.1997, p. 4. 

4  OJNoL 

of 

1997, p.  . 

3 

renewal  of  autonomous  trade  preferences  is  linked  to  respect  for  fundamental  principles  of 
democracy  and  human  rights  and  to  the  readiness  of  the  countries  concerned  to  allow  the 
development  of economic  relations  between  themselves; whereas  it  is, therefore,  appropriate 
to  monitor  the  compliance  by  Bosnia-Herzegovina,  Croatia  and  the  Federal  Republic  of 
Yugoslavia with these conditions; 

Whereas there has been  some progress  in Bosnia-Herzegovina  and  Croatia  in  strengthening 
democracy  and human rights and in developing relations with their neighbours; whereas  it is 
therefore  appropriate  to  continue  the  inclusion  of  these  countries  in  the  autonomous  trade 
regime for  1998; 

Whereas  at  the  time  of  the  extension  of  the  autonomous  trade  preferences  to  the  Federal 
Republic  of  Yugoslavia  on  29  April  1997,  the  Council  issued  a  declaration  setting  out  its 
expectations  in terms of démocratisation, in particular the full  and  speedy  implementation  of 
the "Gonzalez" report; whereas it also noted that in the absence of progress towards  meeting 
these  criteria,  the  decision  granting  autonomus  trade  preferences  would  be  reviewed; 
whereas no significant  progress has been made with regard to the relevant conditions, it is not 
appropriate  at  this  time  to  include  the  Federal  Republic  of  Yugoslavia  in  the  autonomous 
trade regime  for  1998, without prejudice  to the possibility  of including  the Federal  Republic 
of Yugoslavia at a later stage should conditions so permit; 

Whereas  Council  Regulation  (EEC)  No  426/86  of  24  February  1986  on  the  common 
organisation  of  the  market  in  products  processed  from  fruit  and  vegetables^,  has  been 
replaced  by Council  Regulation  (EC) No 2201/96 of 28 October  19966, and  Article  6 (2) of 
Regulation (EC) No 70/97 should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 70/97 is hereby amended as follows: 

Article 1 

1. 

The title shall be replaced by the following: 

the 
"Council  Regulation  (EC)  No  70/97  of  20  December  1996  concerning 
arrangements applicable to imports into the Community  of products originating  in the 
Republics  of  Bosnia-Herzegovina  and  Croatia  and  to  imports  of  wine  originating  in 
the former  Yugoslav Republic of Macedonia and the Republic of Slovenia"; 

2. 

Article  1  is amended as follows: 

in paragraph  1, "the Federal Republic of Yugoslavia  and the former  Yugoslav 
Republic of Macedonia" shall be deleted; 

in  paragraph  2,  "the  former  Yugoslav  Republic  of  Macedonia  and"  shall  be 
added before the words "the Republic of Slovenia" 

5  OJ No L 49, 27.2.1986, p. 1. 

6  OJNoL  297, 21.11.1996, p.29. 

•  v 

3.  Article 6 (2) shall be replaced  by the  following: 

"Paragraph  1 shall apply  to sour cherries falling  within  CN codes ex 0811 90  19, ex 
0811 90 39, 0811 90 75, ex 0812  10 00 and 2008 60 51, 2008 60 61, 2008 60 71 and 
2008  60  91  on  condition  that  the  minimum  import  price  set  by  the  Commission 
pursuant  to  Article  13  of  Council  Regulation  (EC)  No  2201/96  on  the  common 
organisation  of  the  market  in  products  processed  from  fruit  and  vegetables  is 
observed. Where that minimum price is not observed, a countervailing charge shall be. 
imposed." 

4. 

Article 7(1) and (2) shall be replaced by the following: 

(1) 

The customs duties applicable to imports  into the Community  of the  products 
listed  in Annex  E which  originate  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 

(2) 

On import, plum spirit has to be accompanied by the authenticity  certificate  in 
conformity  with  the  model  appearing  at  Annex  E,  issued  by  the  competent 
authority of the countries concerned."; 

5. 

In Article 8(2) of Regulation 70/97, the amount of "21 700 tonnes" shall be replaced by 
"10 900 tonnes". 

6. 

In Article  11 (b) shall be inserted 'and (2)' after  'Article  1 (1)'. 

7. 

The second sentence of Article  14 shall be replaced by the  following: 

"It shall apply from  1  January  1997 to 31 December  1998.' 

8.  The amounts given for the tariff ceilings listed in column 4 in Annexes C I, C II, C III 
and C IV shall be replaced by the amounts given in the Annex to this Regulation. 

9.  The following amendments shall be made to the CN codes and the descriptions of 

products: 

(a) In Annex C I for order No 01.0020, 

3102 70 

- Calcium cyanamide: 

3102 70 90 

- - Other 

shall be replaced by: 

3102 70 00 

- Calcium cyanamide 

x 

(b)In Annex C I for order No 01.0040, 

Sheets, film  or strip, coiled or not, of a tickness of less than 

3920 71 11 

3920 71  19 

0,75 mm: 

Not printed 

Printed 

shall be replaced by: 

~ 

3920 7110 

Sheets, film or strip, coiled or not, of a tickness of less than 
0,75 mm 

(c) In Annex C I for order No 01.0230, 

- - Of transformers  and inductors: 

8504 90 11 

---Ferrite cores 

8504 90  19 

- - - Other 

8504 90 90 

- - Of static converters 

shall be replaced by: 

- - Of transformers  and inductors: 

8504 90 05  —  Electronic assemblies of machines of subheading 8504 50 30 

- - - Other: 

8504 90 11 

Ferrite cores 

8504 90 18 

- - - - Other 

- - Of static converters: 

8504 90 91 

- - - Electronic assemblies of machines of subheading 8504 40 30 

and 8504 40 35 

8504 90 99 

- - - Other 

(d)In Annex C IV, on page 36 for order No 06.0070, the description of CN code 7214 99 

90 shall be replaced by the  following: 

'—  Containing by weight 0,6 % or more of carbon'. 

10.  In Annex D, the following  amendments shall be made: 

(a) In the heading of the last column, the words "Federal Republic of Yugoslavia" and 

"and FYROM" shall be removed; 

(b)The tariff concession for sour cherries (Prunus cerasus), fresh,  shall be replaced  by the 

following: 

'0809 20 05 

Sour cherries (Prunus cerasus), fresh  Free (2) 

2 500 
(ceiling) (3)' 

(c)The amount of  19 800 tonnes (3 x mentioned) of the ceiling for prepared sour cherries 
(falling within CN codes ex 0811 90  19, ex 0811 90 39, 0811 90 75, ex 0812  10 00 
and 2008 60 51, 2008 60 61, 2008 60 71 and 2008 60 91) shall be replaced by 
12 800 tonnes. 

(d)The amount of 3 000 tonnes of the reference quantity for prepared cucumbers  (falling 

within CN code ex 2001  10 00), shall be replaced by 2 000 tonnes. 

11. 

Annex E shall be amended as follows: 

(1 ) 

(2) 

(3) 

(4) 

In column 4 related to the tariff quota with order No 09.1515, "the  former 
Yugoslav Republic of Macedonia" shall be inserted before  "Slovenia"; 

the tariff quota with order No 09.1505 for tobacco of the 'Prilep' type and the 
TARIC Subdivisions for this quota shall be deleted; 

the model of the authenticity certificate  for tobacco of the 'Prilep' type shall be 
deleted; 

The amounts given for the hereafter  mentioned tariff quotas listed in column 4 
shall be replaced by the following: 

09.1507 

09.1509 

09.1511 

09.1503 

100 tonnes 

700 tonnes 

600 tonnes 

4 920 hi. 

12. 

In Annex G, the rows "Federal Republic of Yugoslavia  9975 tonnes (carcass 
weight)" and "Former Yugoslav Republic of Macedonia 825 tonnes (carcass weight)" 
shall be removed. 

Article 2 

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

It shall apply from 1  January  1998. 

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

} 

ANNEX 

Order  No 

Ceiling  (tonnes) 

Annex C I 

01.00101 

01.0020 

01.0030 

01.0040 

01.0050 

01.0060 

01.0080 

01.0090 

01.0100 

01.0110 

01.0120 

01.0130 

01.0140 

01.0150 

01.0160 

01.0167 

01.0170 

*~ 

01.0190 

01.0200 

01.0220 

" 

01.0230 

01.0240 

01.0250 

01.0270 

01.0280 

01.0290 

Annex C  II 

T757 

50 555 

75 287 

XÎÏÎ 

TTÔ9 

JÔ22 

58T 
160 616 mJ 

21750 

720 

856 

356 

8650 

2678" 

Î4Ô63" 

4858 

1  356 

1  345 

4709 

5W 

3 123 

374T 

6ÏÔ 

1 156 

8913 

7 953 

03.00101 

1  008 000 

S 

Annex C  III 

04.00301 

04.0040 

04.0050 

04.0090 

Annex C IV 

06.00101 

06.0020 

06.0030 

06.0040 

06.0050 

06.0060 

06.0070 

4 457 

T66T 

1274 

ï~542 

39 548 

39 042 

37 832 

5 394 

7~585" 

47 056 

37 694 

3 

FINANCIAL  STATEMENT 

1. 

Budget heading involved :  Chapter  12, Article 120. 

2. 

Legal Basis :  Article  113 of the Treaty. 

3. 

Title of the measure: 

Proposal  for  a  Council  Regulation  (EC)  amending  Regulation  (EC)  No  70/97 
concerning  the  arrangements  applicable  to  imports  into  the  Community  of  products 
originating  in  the  Republics  of  Bosnia-Herzegovina,  Croatia,  the  Federal  Republic  of 
Yugoslavia  and  the  former  Yugoslav  Republic  of  Macedonia  and  to  imports  of  wine 
originating in the Republic of Slovenia 

4.  Objective : 

The  extension  to  1998  of  the  autonomous  preferential  trade  regime  applicable  to 
imports  into  the  Community  of  products  originating  in  the  Republics  of  Bosnia-
Herzegovina  and  Croatia  and  to  imports  of  wine  originating  in  the  former  Yugoslav 
Republic of Macedonia and the Republic of Slovenia. 

5. 

Financial  repercussions : 

This Regulation  does not entail any financial  losses or gains, other than those  foreseen 
for the application of the current arrangements under Regulation 70/97 of 20 December 
1996. 

6. 

Fight against fraud  : 

Provisions  on the management  of tariff  quotas and  tariff  ceilings  include the  measures 
necessary for preventing and protecting against fraud and irregularities. 

^o 

ISSN 0254-1475 

COM(97) 637 final 

DOCUMENTS 

EN 

02 

il 

Catalogue number  :  CB-C0-97-654-EN-C 

ISBN 92-78-28291-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

--")•  1