Commission Regulation (EC) No 2497/2001 of 19 December 2001 opening and providing for the administration of Community tariff quotas for certain fish and fishery products originating in the Republic of Croatia
Date: 2001-12-19
Institutions: European Commission
Subjects: Croatia, customs duties, fishery product, originating product, sea fish, stabilisation and association agreement, tariff quota

20.12.2001

EN

Official Journal of the European Communities

L 337/27

COMMISSION REGULATION (EC) No 2497/2001

of 19 December 2001

opening and providing for the administration of Community tariff quotas for certain fish and
fishery products originating in the Republic of Croatia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2248/2001 of 19
November 2001 on certain procedures for applying the Stabili-
sation 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 (1), and in particular Articles 4 and 5
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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, herein-
after referred to as ‘the Stabilisation and Association
Agreement’.

Pending the completion of the procedure necessary for
the ratification and entry into force of the Stabilisation
and Association Agreement, the Council is also in the
process of concluding an Interim Agreement between
the European Community, of the one part, and the
Republic of Croatia, of the other part, covering trade and
trade-related matters, hereinafter
referred to as ‘the
Interim Agreement’, which will be applied as of 1
January 2002.

The Interim Agreement and the Stabilisation and Asso-
ciation Agreement stipulate that certain fish and fishery
products originating in Croatia may be imported into
the Community, within the limits of Community tariff
quotas, at a reduced or a zero-rate of customs duty.

The tariff quotas provided for in the Interim Agreement
and in the Stabilisation and Association Agreement are
annual and are repeated for an indeterminate period.
The Commission should adopt the implementing meas-
ures for the opening and the administration of
the
Community tariff quotas.

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 (2), as last amended by Regu-
lation (EC) No 993/2001 (3), has codified the manage-

(1) OJ L 304, 21.11.2001, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.
(3) OJ L 141, 28.5.2001, p. 1.

for

rules

ment
tariff quotas designed to be used
following the chronological order of dates of customs
declarations.

(6)

(7)

(8)

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. For
speed and efficiency,
communication between the Member States and the
Commission should, as far as possible, take place by
telematic link.

reasons of

This Regulation should be applied upon the entry into
force or the date of provisional application of
the
Interim Agreement and should remain in application
upon the entry into force of the Stabilisation and Asso-
ciation Agreement.

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

HAS ADOPTED THIS REGULATION:

Article 1

1. When products originating in Croatia and listed in the
Annex are put into free circulation in the Community, accom-
panied by a proof of origin as provided for in the Origin
Protocol to the Interim Agreement and to the Stabilisation and
Association Agreement, they shall benefit from a reduced or a
zero-rate of customs duty, at the levels and within the limits of
the annual Community tariff quotas specified in that Annex.

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

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Official Journal of the European Communities

20.12.2001

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

Communications referring to the management of tariff quotas between the Member States and the

4.
Commission shall be effected, as far as possible, by telematic link.

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 2

Article 3

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

It shall apply from 1 January 2002, and it shall remain in application upon the entry into force of the
Stabilisation and Association Agreement.

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

Done at Brussels, 19 December 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

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Official Journal of the European Communities

L 337/29

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 CN codes. Where ex CN codes are indicated, the preferential scheme is to be
determined by application of the CN code and corresponding description taken

Order No

CN code

TARIC
subdivision

Description

Quota volume
per year

Rate of
duty

30 tonnes

Free

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki,
Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache
live; fresh or chilled; frozen;
and Onchorhynchus chrysogaster):
dried, salted or in brine, smoked; fillets and other fish meat;
flours, meals and pellets, fit for human consumption

09.1581

0301 91 10

0301 91 90

0302 11 10

0302 11 90

0303 21 10

0303 21 90

0304 10 11

ex 0304 10 19

ex 0304 10 91

0304 20 11

ex 0304 20 19

40

10

50

ex 0304 90 10

11, 17, 40

09.1582

ex 0305 10 00

ex 0305 30 90

0305 49 45

ex 0305 59 90

ex 0305 69 90

0301 93 00

0302 69 11

0303 79 11

ex 0304 10 19

ex 0304 10 91

ex 0304 20 19

ex 0304 90 10

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 90

ex 0305 69 90

09.1583

ex 0301 99 90

0302 69 61

0303 79 71

ex 0304 10 38

ex 0304 10 98

ex 0304 20 95

ex 0304 90 97

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 90

ex 0305 69 90

10

50

61

61

30

20

40

16

20

60

30

63

63

80

80

77

50

82

30

70

40

65

65

Carp:
live; fresh or chilled; frozen; dried, salted or in brine,
smoked; fillets and other fish meat; flours, meals and pellets, fit
for human consumption

210 tonnes

Free

Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled;
frozen; dried, salted or in brine, smoked; fillets and other fish
meat; flours, meals and pellets, fit for human consumption

35 tonnes

Free

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Order No

CN code

TARIC
subdivision

09.1584

ex 0301 99 90

23, 28

0302 69 94

ex 0303 77 00

ex 0304 10 38

ex 0304 10 98

ex 0304 20 95

ex 0304 90 97

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 90

ex 0305 69 90

1604 13 11

1604 13 19

10

85

79

60

84

40

80

50

67

67

09.1585

ex 1604 20 50

10, 19

09.1586

1604 16 00

1604 20 40

Description

Sea bass (Dicentrarchus labrax):
frozen;
dried, salted or in brine, smoked; fillets and other fish meat;
flours, meals and pellets, fit for human consumption

fresh or chilled;

live;

Quota volume
per year

Rate of
duty

550 tonnes

Free

Prepared or preserved sardines

180 tonnes

6 %

Prepared or preserved anchovies

40 tonnes

12,5 %