Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement between the European Community and the Republic of Croatia
Date: 2001-11-19
Institutions: Council of the European Union
Subjects: Croatia, association agreement (EU), beef, fishery product, import (EU), tariff reduction

21.11.2001

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Official Journal of the European Communities

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2248/2001

of 19 November 2001

on certain procedures for applying the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one part, and the Republic of Croatia, of
the other part and for applying the Interim Agreement between the European Community and the
Republic of Croatia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The Council is in the process of concluding a Stabilisa-
tion and Association Agreement between the European
Communities and their Member States, of the one part,
and the Republic of Croatia, of the other part, which
was signed at Luxembourg on 29 October 2001 (herein-
after referred to as ‘the Stabilisation and Association
Agreement’).

Meanwhile the Council
is also in the process of
concluding an Interim Agreement between the European
Community and the Republic of Croatia (1) signed at
Luxembourg on 29 October 2001 (hereinafter referred
to as the ‘Interim Agreement’) which will provide for the
early entry into force of
the trade and trade-related
provisions of the Stabilisation and Association Agree-
ment.

It
is necessary to lay down the procedures for the
application of certain provisions of these Agreements.

These Agreements stipulate that certain products origin-
ating in the Republic of Croatia may be imported into
the Community, within the limits of tariff quotas, at a
reduced or zero rate of customs duty. It is therefore
necessary to lay down provisions for the calculation of
the reduced rates of customs duties.

These Agreements already specify the products eligible
for those tariff measures,
the relevant volumes (and
increases
the applicable duties, periods of
thereof),
application and any eligibility criteria.

Council or Commission Decisions
the
Combined Nomenclature and Taric codes do not entail
any substantive changes.

amending

In the interest of simplicity and of timely publication of
regulations
implementing Community tariff quotas,
provision should be made for the Commission, assisted

by the Committee set up by Article 248a of Council
Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (2), to adopt
the regulations opening and providing for the adminis-
tration of the tariff quotas for fishery products. The
Commission should adopt, assisted by the Committee
provided for in Article 42 of Council Regulation (EC) No
1254/1999 of 17 May 1999 on the common organ-
isation of the market in beef and veal (3), the regulations
opening up and providing for the administration of the
tariff quotas for ‘baby-beef’ products.

(8)

(9)

(10)

Duties should be totally suspended where preferential
treatment results in ad valorem duties of 1 % or less, or in
specific duties of EUR 1 or less.

This Regulation should be applied upon the entry into
force or provisional application of the Interim Agree-
ment and will remain in application upon the entry into
force of the Stabilisation and Association Agreement.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (4),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation aims at defining certain procedures for the
adoption of detailed rules for the implementation of various
provisions of
the Stabilisation and Association Agreement
between the European Communities and their Member States,
of the one part, and the Republic of Croatia, of the other part
(hereinafter referred to as the ‘Stabilisation and Association
Agreement’) and the Interim Agreement between the European
Community and the Republic of Croatia (hereinafter referred to
as the ‘Interim Agreement’).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

(1) The Interim Agreement will be published in an Official

dated 14 December 2001.

Journal

(3) OJ L 160, 26.6.1999, p. 21.
(4) OJ L 184, 17.7.1999, p. 23.

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Article 2

Concessions on baby-beef

Detailed rules for the implementation of Article 14(2) of the
Interim Agreement, and thereafter Article 27(2) of the Stabilisa-
tion and Association Agreement, concerning the tariff quota
for ‘baby-beef’ products shall be adopted by the Commission in
accordance with the procedure referred to in Article 3(2).

Article 3

Committee

1.
The Commission shall be assisted by the Committee
provided for in Article 42 of Regulation (EC) No 1254/1999.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its rules of procedure.

Article 4

Concessions on fishery products

Detailed rules for the implementation of Article 15(1) of the
Interim Agreement, and thereafter Article 28(1) of the Stabilisa-
tion and Association Agreement, concerning the tariff quotas
for fish and fishery products listed in Annex Va of both Agree-
ments, shall be adopted by the Commission in accordance with
the procedure set out in Article 5(2).

Article 5

Committee

1.
The Commission shall be assisted by the Customs Code
Committee set up by Article 248a of Regulation (EEC) No
2913/92.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 6

Tariff reductions

Subject to paragraph 2, rates of preferential duty shall be

1.
rounded down to the first decimal place.

2. Where the result of calculating the rate of preferential
duty in accordance with paragraph 1 is one of the following,
the preferential rate shall be considered a full exemption:

(a) 1 % or less in the case of ad valorem duties, or

(b) EUR 1 or less per individual amount in the case of specific

duties.

Article 7

Technical adaptations

Amendments and technical adaptations to the detailed rules on
implementation adopted pursuant to this Regulation, which are
necessary following changes to the Combined Nomenclature
codes and to the Taric-subdivisions or arising from the conclu-
sion of new agreements, protocols, exchanges of letters or
other acts between the Community and Croatia, shall be
adopted in accordance with the procedures set out in Article
3(2) and Article 5(2) of this Regulation.

Article 8

Entry into force and application

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Regulation shall be applicable from the date of entry into
force or the date of provisional application of the Interim
Agreement. That date will be published in the Official Journal of
the European Communities.

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

Done at Brussels, 19 November 2001.

For the Council

The President

L. MICHEL