Commission Regulation (EC) No 2734/1999 of 21 December 1999 opening and providing for the administration of Community tariff quotas for certain products originating in Slovenia and repealing Regulation (EC) No 428/97
Date: 1999-12-21
Institutions: European Commission
Subjects: Slovenia, customs duties, foodstuff, originating product, tariff quota

L 328/46

EN

Official Journal of the European Communities

22. 12. 1999

COMMISSION REGULATION (EC) No 2734/1999

of 21 December 1999

opening and providing for the administration of Community tariff quotas for certain products
originating in Slovenia and repealing Regulation (EC) No 428/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1569/1999 of 12
July 1999 on certain procedures for applying the Europe
Agreement establishing an association between the European
Communities and their Member States, of the one part, and the
Republic of Slovenia, of the other part (1), and in particular
Article 2(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The Europea Agreement establishing an association
between the European Communities and their Member
States, acting within the framework of the European
Union, of the one part, and the Republic of Slovenia, of
the other part (2), hereinafter referred to as ‘the Agree-
ment’, was signed in Luxembourg on 10 June 1996 and
entered into force on 1 February 1999.

Pending the entry into force of the Agreement, its provi-
sions on trade and trade-related matters had been given
effect by an Interim Agreement on trade and trade-
related matters between the European Community, the
European Coal and Steel Community and the European
Atomic Energy Community, of the one part, and the
Republic of Slovenia, of the other part (3), hereinafter
referred to as ‘the Interim Agreement’, since 1 January
1997.

The Agreement stipulates that certain products origin-
ating in Slovenia may be imported into the Community,
within the limits of tariff quotas or tariff ceilings, at a
reduced or a zero rate of customs duty.

Pursuant to Commission Regulation (EC) No 428/97 of
5 March 1997, opening and providing for the adminis-
tration of Community tariff quotas and tariff ceilings for
certain products originating in Slovenia and establishing
the provisions for adapting these quotas and ceilings (4),
the Commission has adopted implementing measures
for these tariff quotas and ceilings on the basis of the
Interim Agreement.

the Agreement provides

Article 10(2) of
the
complete abolition of customs duties, from 1 January
2000, for imports into the Community of the industrial
products which currently benefit from an exemption
form customs duties in the framework of tariff ceilings.

for

The Commission should adopt the implementing meas-
ures for the opening of the Community tariff quotas laid
down in the Agreement, which continue to apply. These

(1) OJ L 187, 20.7.1999, p. 1.
(2) OJ L 51, 26.2.1999, p. 3.
(3) OJ L 344, 31.12.1996, p. 3.
(4) OJ L 65, 6.3.1997, p. 28.

tariff quotas are annual and are repeated for an indeter-
minate period. The Agreement has already fixed the level
of the increase of the tariff quota volumes.

Commission 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 (5), as last amended by Regu-
lation (EC) No 1662/1999 (6), has codified the manage-
ment
tariff quotas designed to be used
following the chronological order of dates of customs
declarations.

rules

for

Particular care should be taken to ensure that all
Community importers have equal and continuous access
to the tariff quotas and that the rates laid down for the
quotas are applied uninterruptedly to all imports of the
products in question into all Member States until the
quotas are exhausted. In order to ensure the efficiency of
a common administration of these quotas, there is no
obstacle to authorising the Member States to draw from
the necessary quantities corre-
the quota volumes
sponding to actual
imports. However, this method of
administration requires close cooperation between the
Member States and the Commission and the latter must
in particular be able to monitor the rate at which the
quotas are used up and inform the Member States
accordingly.

Regulation (EC) No 428/97 should be repealed from 1
January 2000.

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
committee,

(7)

(8)

(9)

(10)

HAS ADOPTED THIS REGULATION:

Article 1

1. When products originating in Slovenia and listed in the
Annex are put into free circulation in the Community, accom-
panied by a proof of origin as provided for in Protocol 4 to the
Agreement, they shall benefit from a reduced customs duty
rate, at the levels, during the periods and within the limits of
the Community tariff quotas specified in that Annex.

The tariff quotas referred to in this Article shall be admin-
2.
istered by the Commission in accordance with Articles 308a to
308c of Regulation (EEC) No 2454/93.

(5) OJ L 253, 11.10.1993, p. 1.
(6) OJ L 197, 29.7.1999, p. 25.

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Official Journal of the European Communities

L 328/47

Each Member State shall ensure that importers of the
3.
products in question have equal and uninterrupted access to
the tariff quotas for as long as the balance of the relevant quota
volume so permits.

Article 3

Regulation (EC) No 428/97 is hereby repealed.

Article 2

Article 4

Member States and the Commission shall cooperate closely to
ensure that this Regulation is complied with.

This Regulation shall enter into force on 1 January 2000.

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

Done at Brussels, 21 December 1999.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

L 328/48

EN

Official Journal of the European Communities

22. 12. 1999

ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the
products is to be considered as having no more than an indicative value, the preferential scheme being determined, within
the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential schemes is
to be determined by application of the CN code and corresponding description taken together.

Order
number

CN code

Taric
subdivision

Description

09.1531

0301 91 90

Live fish:
– Other live fish:
– – Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus
clarki, Oncohynchus aguabonita, Oncorhynchus gilae)

Quota volume per
year or indicated
period (in tonnes)

Rate of duty (%) (1)

70

exemption

09.1532

0701 90

09.1533

0704 90

09.1534

0705 11 00

09.1535

0706 10 00

Potatoes, fresh or chilled, other than seed:
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

Cabbages, kohlrabi, kale and similar edible brassicas, fresh or
chilled, other than headed broccoli or Brussels sprouts:
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

Lettuce (Lactuca sativa), fresh or chilled:
– Cabbage lettuce (head lettuce):
– – 1 January to 31 December 2000
– – 1 January to 31 December 2001
– – 1 January to 31 December of subsequent years

Carrots and turnips, fresh or chilled:
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

09.1536

ex 0808 10 20
ex 0808 10 50
ex 0808 10 90

Apples, fresh, from 1 August to 31 December:
– 1 August to 31 December 2000
– 1 August to 31 December 2001
– 1 August to 31 December of subsequent years

09.1537

ex 0808 20 50

09.1538

0812 10 00

Pears, fresh, from 1 August to 31 December:
– 1 August to 31 December 2000
– 1 August to 31 December 2001
– 1 August to 31 December of subsequent years

Cherries, provisionally preserved (4):
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

195
210
225

130
140
150

130
140
150

1 040
1 120
1 200

1 950
2 100
2 250

2 210
2 380
2 550

260
280
300

20 % of CCT

20 % of CCT (2)

20 % of CCT (2)

20 % of CCT

20 % of CCT (3)

20 % of CCT (3)

exemption

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Official Journal of the European Communities

L 328/49

Order
number

CN code

Taric
subdivision

Description

09.1539

1210 10 00
1210 20 10

09.1540

1604 15

ex 1604 20 50

09.1541

ex 2004 90 30
2005 90 75

40
50

10

09.1542

ex 2008 60 39

11

2008 60 51
2008 60 61
2008 60 71
2008 60 91

09.1543

2009 80 71

09.1544

2009 90 11
2009 90 19
2009 90 31
2009 90 39

fresh or dried, whether or not ground,

Hop cones,
powdered or in the form of pellets;
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

lupulin:

Prepared or preserved fish:
– Fish, whole or in pieces, but not minced:
– – Mackerel
– Other prepared or preserved fish:
– – Other:
– – – Of mackerel of
Scomber japonicus

the species Scomber

scombrus and

Sauerkraut, frozen or not:
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

Cherries, otherwise prepared or preserved:
– containing added spirit:
– – Sweet cherries, clear-fleshed of a diameter not exceeding
18,9 millimetres, stoned, intended for the manufacture
of chocolate products (5)
– not containing added spirit:
– – sour cherries (Prunus cerasus) (4)

– 1 January to 31 December 2000

– 1 January to 31 December 2001

– 1 January to 31 December of subsequent years

Cherry juice, unfermented and not containing added spirit,
containing added sugar:
– 1 January to 31 December 2000
– 1 January to 31 December 2001
– 1 January to 31 December of subsequent years

Mixtures of apple and pear juice, unfermented and not
containing added spirit:
– 1 January to 31 December 2000

– 1 January to 31 December 2001

– 1 January to 31 December of subsequent years

Quota volume per
year or indicated
period (in tonnes)

Rate of duty (%) (1)

20 % of CCT

3 380
3 640
3 900

500

65
70
75

650

700

750

195
210
225

260

280

300

4

exemption

exemption

20 % of CCT

20 % of CCT (2)

(1) CCT = applicable Common Customs Tariff duty.
(2) Where the CCT duty consists of an ad valorem duty with a specific minimum or of an ad valorem duty plus a specific duty, the reduction applies to each duty element

separately.

(3) The reduction applies only to the ad valorem duty.
(4) Until 9 May 2000 subject to a minimum import price set by the Commission.
(5) Control of the usage for this end use shall be carried out pursuant to the relevant Community provisions.