Council Regulation (EC) No 2863/98 of 30 December 1998 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: 1998-12-30
Institutions: Council of the European Union
Subjects: Yugoslavia, import, originating product, tariff policy, tariff quota

31. 12. 98

EN

Official Journal of the European Communities

L 358/85

COUNCIL REGULATION (EC) No 2863/98

of 30 December 1998

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 Commission,

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 Slovenia (1)
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 that Regulation; 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 (2)
amended Title IV, Chapter 2 of Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (3); 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,
the
it
concession for these products in the framework of a tariff
quota instead of a reference quantity;

is necessary to grant

in accordance with the conclusions of

Whereas,
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 auto-
nomous trade preferences is linked to respect for funda-

(1) OJ L 16, 18. 1. 1997, p. 1. Regulation as last amended by
Regulation (EC) No 2636/97 (OJ L 356, 31. 12. 1997, p. 16).

(2) OJ L 9, 13. 1. 1997, p. 1.
(3) OJ L 253, 11. 10. 1993, p. 1. Regulation as last amended by

Regulation (EC) No 75/98 (OJ L 7, 13. 1. 1998, p. 3).

it

is,

mental principles of democracy and human rights and to
the readiness of the countries concerned to allow the
development of economic relations between themselves;
whereas
the
compliance by Bosnia and Herzegovina, Croatia and the
Federal Republic of Yugoslavia with these conditions;
whereas the Council adopted conclusions on 9 November
1998 on progress in these countries in respect of these
conditions;

therefore, appropriate to monitor

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 for these
countries to continue to be included in the autonomous
trade regime for 1999;

Whereas when the autonomous trade preferences were
extended to the Federal Republic of Yugoslavia on 29
April 1997, the Council issued a declaration setting out its
expectations in terms of democratisation, 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 auto-
nomous 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 auto-
nomous trade regime for 1999, without prejudice to the
possibility of including the Federal Republic of Yugo-
slavia at a later stage should conditions so permit,

HAS ADOPTED THIS REGULATION:

Article 1

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

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 subparagraph of Article 14 shall be

replaced by the following:

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

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EN

Official Journal of the European Communities

31. 12. 98

3. the amounts given for the tariff ceilings listed in the fourth column 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 for the corresponding Order Nos;

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:

‘3921 19
3921 19 90

– Cellular:
– – Of other plastics:
– – – Other';

(b) in Annex C I for Order No 01.0220:

(i)

(ii)

‘8502 13 99

– – – – Of an output exceeding 750 kVA'

shall be replaced by:

‘8502 13 93

8502 13 98

– – – – Of an output exceeding 750 kVA but not

exceeding 2 000 kVA

– – – – Of an output exceeding 2 000 kVA';

‘8502 20 99

– – – Of an output exceeding 7,5 kVA'

shall be replaced by:

‘8502 20 92

– – – Of an output exceeding 7,5 kVA but not

8502 20 94

8502 20 98

exceeding 375 kVA

– – – Of an output exceeding 375 kVA but not

exceeding 750 kVA

– – – Of an output exceeding 750 kVA';

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

‘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:

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

Annex, shall be deleted;

(ii) CN code ‘2710 00 98' shall be replaced by CN code ‘2710 00 97';

31. 12. 98

EN

Official Journal of the European Communities

L 358/87

5. in Annex C V, Taric subdivisions:

(a)

the following shall be inserted in the appropriate columns:

‘06.0030

ex 7213 91 70

ex 7213 99 90

ex 7214 91 90

11
15
19
11
19
10';

(b) for Order No 06.0070, the Taric subdivisions for ex 7213 91 70 in the third column
shall be read ‘91 and 95', and the following shall be inserted in the appropriate
columns:

‘ex 7213 91 90
ex 7213 99 90
ex 7214 91 90

10
91
90';

6. in Annex D:

(a)

the following entry shall be deleted:

‘ex 2001 10 00

Cucumbers

Free

3 000 (reference quantity)';

(b) in the fourth column, for the tariff concession for Sauerkraut (mentioned as CN
code ex 2004 90 30 and 2005 90 75), the following text shall be inserted after
‘(reference quantity)':

‘(identified by Order No 18.0550)';

7. in Annex E:

(a)

the following shall be inserted:

‘09.1513

ex 2001 10 00

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

2 000 tonnes

Free';

(b) in the table ‘TARIC SUBDIVISIONS':

(i) the Taric subdivision ‘40' for Order No 09.1507, CN code ex 0703 20 00, shall

be deleted;

(ii) the following shall be inserted after Order No 09.1507:

‘09.1513

ex 2001 10 00

11
19'.

Article 2

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

It shall apply from 1 January 1999.

L 358/88

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Official Journal of the European Communities

31. 12. 98

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

Done at Brussels, 30 December 1998.

For the Council

The President

W. SCH(cid:154)SSEL

31. 12. 98

EN

Official Journal of the European Communities

L 358/89

ANNEX

Tariff ceilings referred to in point 3 of Article 1

Order No

Ceiling (tonnes)

ANNEX C I

01.0010
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
1 424
1 412
4 944
6 123
3 279
3 928
641
1 214
9 359
8 351

ANNEX C II

03.0010

1 058 400

ANNEX C III

ANNEX C IV

04.0030
04.0040
04.0050
04.0090

06.0010
06.0020
06.0030
06.0040
06.0050
06.0060
06.0070

4 680
1 744
1 338
1 619

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