Commission Regulation (EC) No 2597/2001 of 28 December 2001 opening and providing for the administration of Community tariff quotas for certain wines originating in the Republic of Croatia, in the former Yugoslav Republic of Macedonia and in the Republic of Slovenia
Date: 2001-12-28
Institutions: European Commission
Subjects: Croatia, North Macedonia, Slovenia, import (EU), originating product, tariff quota, wine

29.12.2001

EN

Official Journal of the European Communities

L 345/35

COMMISSION REGULATION (EC) No 2597/2001

of 28 December 2001

opening and providing for the administration of Community tariff quotas for certain wines
originating in the Republic of Croatia, in the former Yugoslav Republic of Macedonia and in the
Republic of Slovenia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

control of wine names and the reciprocal recognition, protec-
tion and control of designations for spirits and aromatised
drinks (4), and in particular Articles 3 and 4 thereof,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2001/919/EC of 3
December 2001 on the conclusion of an Additional Protocol
to the Interim Agreement between the European Community,
of the one part, and the Republic of Croatia, of the other part,
to take account of the outcome of the negotiations between the
parties on reciprocal preferential concessions for certain wines,
the reciprocal recognition, protection and control of wine
names and the reciprocal recognition, protection and control
of designations for spirits and aromatised drinks (1), and in
particular Articles 3 and 4 thereof,

Having regard to Council Decision 2001/918/EC of 3
December 2001 on the conclusion of an Additional Protocol
to 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, to take
account of the outcome of the negotiations between the parties
on reciprocal preferential concessions for certain wines, the
reciprocal recognition, protection and control of wine names
and the reciprocal recognition, protection and control of desig-
nations for spirits and aromatised drinks (2), and in particular
Articles 3 and 4 thereof,

Having regard to Council Decision 2001/917/EC of 3
December 2001 on the conclusion of an Additional Protocol
to the Interim Agreement between the European Community,
of the one part, and the former Yugoslav Republic of Mace-
donia, of the other part, to take account of the outcome of the
negotiations between the parties on reciprocal preferential
concessions
recognition,
protection and control of wine names and the reciprocal recog-
nition, protection and control of designations for spirits and
aromatised drinks (3), and in particular Articles 3 and 4 thereof,

for certain wines,

the reciprocal

Having regard to Council Decision 2001/916/EC of 3
December 2001 on the conclusion of an Additional Protocol
to the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one
part, and the former Yugoslav Republic of Macedonia, of the
other part, to take account of the outcome of the negotiations
between the parties on reciprocal preferential concessions for
recognition, protection and
certain wines,

the reciprocal

Having regard to Council Decision 2001/920/EC of 4
December 2001 on the conclusion of an Additional Protocol
adjusting the trade aspects of the Europe Agreement estab-
lishing an association between the European Communities and
their Member States, acting within the framework of the Euro-
pean Union, of the one part, and the Republic of Slovenia, of
the other part, to take account of the outcome of the nego-
tiations between the parties on reciprocal preferential conces-
sions for certain wines, the reciprocal recognition, protection
and control of wine names and the reciprocal recognition,
protection and control of designations for spirits and aroma-
tised drinks (5), and in particular Articles 3 and 4 thereof,

Whereas:

(1)

(2)

The additional protocols (hereinafter: additional proto-
cols on wine) concluded by Decisions 2001/919/EC,
2001/918/EC, 2001/917/EC, 2001/916/EC and 2001/
920/EC with the Republic of Croatia, with the former
Yugoslav Republic of Macedonia and with the Republic
of Slovenia, provide for reciprocal preferential conces-
sions for certain wines, reciprocal recognition, protec-
tion and control of wine names and reciprocal recogni-
tion, protection and control of designations for spirits
and aromatised drinks. Those Protocols
should be
applied with effect from 1 January 2002.

In Annex I to each of those Additional Protocols on
wine, individual tariff quotas are granted in respect of
imports into the Community of certain wines origin-
ating in the Republic of Croatia, the former Yugoslav
Republic of Macedonia and the Republic of Slovenia.
These individual tariff quotas are provided out of the
global tariff quota of 545 000 hl opened within Council
Regulation (EC) No 2007/2000 of 18 September 2000
introducing exceptional trade measures for countries and
territories participating in or linked to the European
Union's Stabilisation and Association process, amending
Regulation (EC) No 2820/98, and repealing Regulations
(EC) No 1763/1999 and (EC) No 6/2000 (6), as amended
by Regulation (EC) No 2563/2000 (7).

(1) OJ L 342, 27.12.2001, p. 60.
(2) OJ L 342, 27.12.2001, p. 42.
(3) OJ L 342, 27.12.2001, p. 24.

(4) OJ L 342, 27.12.2001, p. 6.
(5) OJ L 342, 27.12.2001, p. 79.
(6) OJ L 240, 23.9.2000, p. 1.
(7) OJ L 295, 23.11.2000, p. 1.

L 345/36

EN

Official Journal of the European Communities

29.12.2001

(3)

(4)

(5)

(6)

(7)

(8)

(9)

The individual tariff quotas provided for in the Addi-
tional Protocols on wine are annual and are repeated for
an indeterminate period. Therefore the Commission
should adopt
the
opening and the administration of those Community
tariff quotas.

the implementing measures

for

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 (1), as last amended by Regu-
lation (EC) No 993/2001 (2), 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 adminis-
tration of these quotas, Member States should be author-
ised to draw from the quota volumes the necessary
quantities corresponding 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 reasons of speed and efficiency,
communication between the Member States and the
Commission should, as far as possible, take place by
telematic link.

The benefit from the exemption of customs duty within
the tariff quotas provided for in the Additional Protocols
on wine should be suspended for the Republic of
Croatia, the former Yugoslav Republic of Macedonia or
the Republic of Slovenia if any of these countries pays
export subsidies for the products in question.

Entitlement to benefit from individual Community tariff
quotas should be subject to the presentation of a V I 1
document or a V I 2 extract
in accordance with
Commission Regulation (EC) No 883/2001 of 24 April
implementing
2001 laying down detailed rules for
Council Regulation (EC) No 1493/1999 as regards trade
with third countries in products in the wine sector (3).

The individual tariff quotas for certain wines originating
in the Republic of Croatia and in the Republic of Slov-
enia should be progressively increased subject to specific
conditions indicated in the Additional Protocols on
wine. In particular, the annual increase may be applied
tariff quotas
only if at
opened within the previous year has been used. Conse-

least 80 % of

the individual

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 141, 28.5.2001, p. 1.
(3) OJ L 128, 10.5.2001, p. 1.

quently, the Commission should review the volumes
used each year and should adopt provisions to imple-
ment any necessary adjustment of those volumes for
Croatia or Slovenia.

(10)

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 wines,
listed in the Annex, originating in the
Republic of Croatia, in the former Yugoslav Republic of Mace-
donia or in the Republic of Slovenia are put into free circula-
tion in the Community, they shall benefit from an exemption
of customs duty, within the limits of the annual Community
tariff quotas specified in this Annex and in accordance with the
provisions set out in this Regulation.

2.
If any of the countries concerned pay export subsidies in
respect of the relevant products, exemption from customs duty
within the tariff quotas provided for in the Additional Proto-
cols concluded by Decisions 2001/919/EC, 2001/918/EC,
2001/917/EC, 2001/916/EC and 2001/920/EC (hereinafter
additional protocols on wine) shall be suspended in the case of
that country.

Article 2

to benefit

Entitlement
from the Community tariff quotas
referred to in Article 1(1) shall be subject to the presentation of
a V I 1 document or a V I 2 extract in accordance with
Regulation (EC) No 883/2001.

Article 3

to the definition of

Notwithstanding the conditions laid down in point 5(a) of
Annex I to each of the Additional Protocols on wine, imports
of wine within the Community tariff quotas referred to in
Article 1(1) shall be subject to the provisions laid down in the
the
applicable Protocols with respect
concept of originating products and methods of administrative
cooperation, to the Interim Agreement between the European
Community and the Republic of Croatia and to the 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, to the Interim Agree-
ment between the European Community and the former Yugo-
slav Republic of Macedonia and to the Stabilisation and Asso-
ciation Agreement between the European Communities and
their Member States, of the one part, and the former Yugoslav
Republic of Macedonia, of the other part, as well as to the
Europe Agreement between the European Communities and
their Member States, acting within the framework of the Euro-
pean Union, of the one part, and the Republic of Slovenia, of
the other part.

29.12.2001

EN

Official Journal of the European Communities

L 345/37

Article 4

1.
The tariff quotas referred to in this Regulation shall be
administered by the Commission in accordance with Articles
308a to 308c of Regulation (EEC) No 2454/93.

Each Member State shall ensure that importers of the
2.
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.

Communications concerning the management of tariff
3.
quotas between the Member States and the Commission shall
be effected, as far as possible, by telematic link.

The annual increase referred to in paragraph 1 may be
2.
applied only if at least 80 % of the respective volume opened
within the previous year has been used.

The Commission shall review the volumes used each year and
shall adopt provisions to implement any necessary adjustment
of those volumes for Croatia or Slovenia.

Article 6

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

Article 5

Article 7

1.
The individual tariff quotas for the wines originating in
Croatia and Slovenia referred to in Parts I and III of the Annex
under order Nos 09.1588 and 09.1548 shall be increased every
year.

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.

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

Done at Brussels, 28 December 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

L 345/38

EN

Official Journal of the European Communities

29.12.2001

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 these Annexes, by the coverage of the 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 together.

CN code

TARIC
subdivision

PART I: CROATIA

Description

Sparkling wine, other than Champagne and than Asti
spumante

Other wine of fresh grapes,
litres or less

in containers holding 2

Quota volume per year
(hl)

Rate of duty

30 000 (1)

Free

Order
No

09.1588

09.1589

2204 10 19
2204 10 99

2204 21 10

2204 21 79

ex 2204 21 80

2204 21 83

ex 2204 21 84

ex 2204 21 94

ex 2204 21 98

ex 2204 21 99

2204 29 10
2204 29 65

ex 2204 29 75
2204 29 83

ex 2204 29 84

ex 2204 29 94

ex 2204 29 98

ex 2204 29 99

79
80

10
79
80

10
30

10
30

10

10

10
30

10
30

10
30

10

Other wine of fresh grapes, in containers holding more
than 2 litres

15 000

Free

(1) From 1 January janvier 2003 on, this quota volume shall be annually increased by 10 000 hl, subject to at least 80 % of the eligible quantity having been utilised in the

previous year. The annual

increase is applied until the sum of the tariff quotas under Nos 09.1588 and 09.1589 reaches a maximum of 70 000 hl.

29.12.2001

EN

Official Journal of the European Communities

L 345/39

PART II: FORMER YUGOSLAV REPUBLIC OF MACEDONIA

CN code

TARIC
Subdivision

Description

Sparkling wine, other than Champagne and than Asti
spumante

Other wine of fresh grapes,
litres or less

in containers holding 2

Quota volume per year
(in hl)

Rate of duty

15 000 (1)

Free

Order
No

09.1558

09.1559

2204 10 19
2204 10 99

2204 21 10

2204 21 79

ex 2204 21 80

2204 21 83

ex 2204 21 84

ex 2204 21 94

ex 2204 21 98

ex 2204 21 99

2204 29 10
2204 29 65

ex 2204 29 75
2204 29 83

ex 2204 29 84

ex 2204 29 94

ex 2204 29 98

ex 2204 29 99

79
80

10
79
80

10
30

10
30

10

10

10
30

10
30

10
30

10

(1) From 1 January 2003 on, this quota volume shall be annually increased by 6 000 hl.
(2) From 1 January 2003 on, this quota volume shall be annually reduced by 6 000 hl.

Other wine of fresh grapes, in containers holding more
than 2 litres

285 000 (2)

Free

L 345/40

EN

Official Journal of the European Communities

29.12.2001

PART III: SLOVENIA

CN code

TARIC
subdivision

Description

Sparkling wine, other than Champagne and than Asti
spumante

Other wine of fresh grapes,
litres or less

in containers holding 2

Quota volume per year
(hl)

Rate of duty

16 000 (1)

Free

Order
No

09.1548

09.1549

2204 10 19
2204 10 99

2204 21 10

2204 21 79

ex 2204 21 80

2204 21 83

ex 2204 21 84

ex 2204 21 94

ex 2204 21 98

ex 2204 21 99

2204 29 10
2204 29 65

ex 2204 29 75
2204 29 83

ex 2204 29 84

ex 2204 29 94

ex 2204 29 98

ex 2204 29 99

79
80

10
79
80

10
30

10
30

10

10

10
30

10
30

10
30

10

Other wine of fresh grapes, in containers holding more
than 2 litres

32 000

Free

(1) From 1 January 2003 on, this quota volume shall be annually increased by 4 800 hl, subject to at least 80 % of the eligible quantity having been utilised in the previous
increase is applied until the sum of the tariff quotas under Nos 09.1588 and 09.1549 reaches a maximum of 72 000 hl.

year. The annual