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 and Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia
Date: 1998-12-10
Institutions: European Commission
Subjects: Yugoslavia, import policy, originating product, tariff quota, wine

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  10.12.1998 
COM(1998) 729 final 

98/0337 (ACC) 

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 and 
Herzegovina  and Croatia  and to imports of wine originating in the former  Yugoslav 
Republic of Macedonia and 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  and  Herzegovina  and 
Croatia  and  to  imports  of  wine  originating  in  the  former  Yugoslav  Republic  of  Macedonia 
and the Republic of Slovenia, expires on 31 December 1998. 

Regulation  (EC)  No  70/97,  as  last  amended  by  Regulation  (EC)  No  2636/97,  contains  the 
autonomous  preferential  measures  applicable  to  imports  into  the  Community  of  products 
originating  in the Republics  of Bosnia and Herzegovina  and Croatia, 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  and  by  the  Cooperation  Agreement 
between the European Community and the former Yugoslav Republic of Macedonia have yet 
to be  concluded,  Regulation  70/97  also  grants  autonomous  and  transitional  concessions  for 
imports of wines originating in Slovenia and the former Yugoslav Republic of Macedonia. 

Awaiting the eventual replacement of these arrangements by provisions contained in bilateral 
agreements, Regulation  70/97 should be maintained.  The aim of the attached proposal  for a 
Council Regulation (EC) amending Regulation 7Ô/97 is: 

- 

the  extension  of  Regulation  70/97  to  1999  for  products  originating  in  the  Republics  of 
Bosnia  and  Herzegovina  and  Croatia  and  to  imports  of  wine  originating  in  the  former 
Yugoslav Republic of Macedonia and the Republic of Slovenia, 

- 

the  technical  adjustments  necessary  following  the  amendments  to  the  combined 
nomenclature and to the Taric subdivisions, 

- 

the annual increase by 5 % of the amounts of the tariff 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 and Herzegovina  and 
Croatia  and to imports of wine originating in the former  Yugoslav Republic of Macedonia  and 
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 Commission1, 

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  and 
Herzegovina  and  Croatia  and  to  imports  of  wine  originating  in  the  former  Yugoslav  Republic  of 
Macedonia and the Republic of Slovenia2, as last amended by Council Regulation  (EC) No 2636/973, 
expires on 31 December 1998; 

Whereas these  arrangements  will  eventually  have to be replaced by provisions contained  in bilateral 
agreements to be negotiated with the countries in question; whereas in the meantime the arrangements 
granted  by  Regulation  (EC)  No  70/97  should  be  maintained;  whereas  the  amounts  of  the  tariff 
ceilings for industrial products should be increased annually by 5 % as provided for in Article 4(1) of 
Regulation (EC) No 70/97; whereas following  the amendments to the combined nomenclature  and to 
the Taric subdivisions, Regulation (EC) No 70/97 should be amended accordingly; 

Whereas  Commission  Regulation  (EC)  No  12/97  of  18  December  19964,  has  amended  Title  IV, 
Chapter  2,  of  Regulation  (EEC)  No  2454/93  laying  down  provisions  for  the  implementation  of 
Council Regulation  (EEC) No 2913/92 establishing the Community Customs Code5; Whereas Article 
1 (3) of Regulation (EC) No 70/97 should therefore be amended  accordingly; 

Whereas in order to avoid damage to the Community  industry  for  cucumbers, it is necessary,to grant 
the concession  for these products in the framework  of a tariff quota instead of a reference  quantity; 

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  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  and 
Herzegovina, Croatia and the Federal Republic of Yugoslavia with these conditions; 

Whereas  there  has  been  some  progress  in  Bosnia  and  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  1999; 

2  OJL  16, 18.1.1997, p. 1. 
3  OJL  356, 31.12.1997, p. 16. 
4  OJ L 9,  13.1.1997, p. 1. 
5  OJ L 253, 11.10.1993, p. 1. 

3 

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 
autonomous  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  1999,  without  prejudice  to  the  possibility  of 
including the Federal  Republic of Yugoslavia at a later stage should conditions so permit, 

HAS ADOPTED THIS REGULATION: 

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

Article 1 

1. 

In Article  1 (3), 'section  3 of Commission  Regulation  (EEC) No 2454/93', shall be replaced by 
'section 2 of Commission Regulation (EEC) No 2454/93'. 

2.  The second paragraph of Article  14 shall be replaced by the  following: 

'It shall apply from  1  January  1997 to 31 December  1999.' 

3.  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 for  1999 by the amounts given in the Annex to this Regulation. 

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

footnotes: 

(a) In Annex C I for order No 01.0050, the following  shall be deleted: 

- Cellular: 

3921  19 

- - Of  other plastics: 

3921  19 90 

- - - Other 

(b) In Annex C I for order No 01.0220, 

(1) 

8502  13 99 

I 

Of an output exceeding 750 kVA 

shall be replaced by: 

8502  13 93 

I 

Of an output exceeding 750 kVA but not exceeding 2 000 

kVA 

8502 13 98 

Of an output exceeding 2 000 kVA 

~ 

(2) 

8502 20 99 

I - - - Of an output exceeding 7,5 kVA 

shall be replaced by: 

8502 20 92 

I - - - Of an output exceeding 7,5 kVA but not exceeding 375 kVA 

8502 20 94 

- - - Of an output exceeding 375 kVA but not exceeding 750 kVA 

8502 20 98 

- - - Of an output exceeding 750 kVA 

(c) At the end of Annex C I, footnote (1), shall be replaced by the  following: 

'(1)  Entry under this subheading is subject to conditions laid down in the relevant 

Community provisions.' 

(d) In Annex C II for order No 03.0010, 

(1)CN code 2710 00 85 and its description, as well as footnote (1) at the end of the Annex, 

shall be deleted; 

(2)CN code 2710 00 98 shall be replaced by CN code 2710 00 97. 

5. 

In Annex C V, Taric subdivisions, 

(a) the following  shall be inserted: 

06.0030 

ex 

7213 9170 

ex 

7213 99 90 

ex 

7214 9190 

11 
15 
19 
11 
19 
10 

(b) for order No 06.0070, the Taric subdivisions for ex 7213 91 70 shall be read  '91 and 95', and 

the following  shall be inserted: 

ex 
ex 
ex 

7213 91 90 
7213 99 90 
7214 9190 

10 
91 
90 

6. 

In Annex D, 

(a)  the tariff  concession  in the framework  of a reference  quantity  for  cucumbers  falling  within 

CN code ex 2001  10 00, shall be deleted; 

(b) in  column  4,  for  the  tariff  concession  for  sauerkraut  (mentioned  twice), the  following  text 

shall be inserted after the words 'reference quantity': 'with order No  18.0550'. 

7. 

In Annex E, 

(a) 

the  following  shall be  inserted: 
2001  10 00 

ex 

09.1513 

prepared 

Cucumbers, 
or 
preserved  by  vinegar  or 
acetic acid, from  1  January to 
31 December 

2 000 
tonnes 

Free 

(b) 

at the end  of this  Annex, 
the Taric  subdivision  '40'  for  order No 09.1507, CN  code ex 0703 20 00, shall 
be  deleted; 
the  following  shall be  inserted: 

(1) 

(2) 

09.1513 

ex 2001  10 00 

11 
19 

i" 

Article 2 

Phis 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  1999. 

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

Done in Brussels on 

By the Council 

The President 

£ 

ANNEX 

Order No 

Ceiling (tonnes) 

Annex CI 

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] 

6 045 
53 083 
79 051 
1 861 
1 164 
5 273 
610 
168 647 
22 838 
756 
899 
374 
9 083 
2 812 
14 766 
5 101 
1424 
1412 
4 944 
6 123 
3 279 
3 928 
641 
1214 
9 359 
8 351 

Annex C II 

03.00101 

1058 400 

Annex C HI 

04.00301 
04.0040 
04.0050 
04.00901 

Annex C IV 

06.00101 
06.0020 
06.0030 
06.0040 
06.0050 
06.0060 
06.00701 

4 680 
1 744 
1338 
1 619 

41 525 
40 994 
39 724 
5 664 
7 964 
49 409 
39 579 

* 

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

4.  Objective : 

The  extension  to  1999  of  the  autonomous  preferential  trade  regime  applicable  to 
imports  into  the  Community  of  products  originating  in  the  Republics  of  Bosnia  and 
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. 

t> 

ISSN 0254-1475 

COM(98) 729  final 

DOCUMENTS 

EN 

11  09  02  03 

Catalogue number  :  CB-CO-98-733-EN-C 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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