Commission Regulation (EC) No 2088/2004 of 7 December 2004 amending Regulation (EC) No 2497/2001 and Commission (EC) No 2597/2001 as regards tariff quotas for certain fish and fishery products originating in Croatia and for certain wines originating in Croatia, the former Yugoslav Republic of Macedonia and Slovenia
Date: 2004-12-07
Institutions: European Commission
Subjects: Croatia, North Macedonia, Slovenia, fishery product, originating product, sea fish, tariff quota, wine

8.12.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 2088/2004

of 7 December 2004

amending Regulation (EC) No 2497/2001 and Commission (EC) No 2597/2001 as regards tariff
quotas for certain fish and fishery products originating in Croatia and for certain wines originating
in Croatia, the former Yugoslav Republic of Macedonia and Slovenia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Act concerning the conditions of accession
of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic and
the adjustments to the Treaties on which the European Union is
founded (1), and in particular Article 57(2) thereof,

Having regard to Council Regulation (EC) No 2248/2001 of 19
November 2001 on certain procedures for applying the Stabi-
lisation 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 (2) and in particular Article 7
thereof,

Having regard to Council Regulation (EC) No 153/2002 of 21
January 2002 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 former Yugoslav Republic of Macedonia, of the other part,
and for applying the Interim Agreement between the European
Community and the former Yugoslav Republic of Macedonia (3),
and in particular Article 7 thereof,

Whereas:

(1)

concluded a Protocol

By its Decision 2004/778/EC of 11 October 2004 (4) the
Council has
Interim
Agreement on trade and trade-related matters between
the European Community, of
the one part, and the
Republic of Croatia, of the other part, to take account
of the accession of the Czech Republic, the Republic of

to the

(1) OJ L 236, 23.9.2003, p. 33.
(2) OJ L 304, 21.11.2001, p. 1. Regulation as amended by Regulation

(EC) No 2/2003 (OJ L 1, 4.1.2003, p. 26).

(3) OJ L 25, 29.1.2002, p. 16. Regulation as amended by Regulation

(EC) No 3/2003 (OJ L 1, 4.1.2003, p. 30).

(4) OJ L 350, 25.11.2004, p. 1.

the Republic of Cyprus,
the Republic of Latvia,
the Republic of Malta,

the Republic of
Estonia,
the Republic of
Hungary,
the Republic of
Lithuania,
Poland,
the Republic of Slovenia, and the Slovak
Republic to the European Union, hereinafter ‘the enlar-
gement Protocol’. The enlargement Protocol applies on a
provisional basis with effect from 1 May 2004.

By its Decision of 22 November 2004 (5) the Council has
authorised for the signing and has provided for the
provisional application from 1 May 2004 of a 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
the Republic of
accession of
the Republic of
Estonia,
the Republic of
Hungary,
Lithuania,
the Republic of
Poland,
the Republic of Slovenia, and the Slovak
Republic to the European Union, hereinafter ‘the enlar-
gement Protocol’.

the Czech Republic,
the Republic of Cyprus,
the Republic of Latvia,
the Republic of Malta,

Both enlargement protocols provide for new tariff quotas
and for changes to the existing tariff quotas laid down in
Commission Regulation (EC) No 2497/2001 of 19
December 2001 opening and providing for the adminis-
tration of Community tariff quotas for certain fish and
fishery products originating in the Republic of Croatia (6)
and in 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 (7).

(2)

(3)

(4)

To implement the new tariff quotas and the changes to
existing tariff quotas provided in the
enlargement
protocols, it is necessary to amend Regulation (EC) No
2497/2001 and Regulation (EC) No 2597/2001.

(5) Not yet published in the Official Journal.
(6) OJ L 337, 20.12.2001, p. 27. Regulation as amended by Regulation

(EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18).

(7) OJ L 345, 29.12.2001, p. 35.

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Official Journal of the European Union

8.12.2004

(5)

(6)

(7)

(8)

(9)

For the year 2004 the volumes of the new tariff quotas
and the increases of the volumes of existing tariff quotas
should be calculated as a pro rata of the basic volumes
specified in the enlargement protocols,
taking into
account the part of the period elapsed before 1 May
2004.

In order to facilitate the management of certain existing
in Regulation (EC) No
tariff quotas provided for
2497/2001 and in Regulation (EC) No 2597/2001, the
quantities
those
quotas should be taken into account for charging on
the tariff quotas opened in accordance with Regulation
(EC) No 2497/2001 and Regulation (EC) No 2597/2001,
as amended by this Regulation.

imported within the framework of

After the accession of Slovenia to the European Union,
the tariff quotas for wines originating in that Member
State as provided for in Regulation (EC) No 2597/2001
should lapse. The references to those quotas should
therefore be deleted.

Since the enlargement protocols apply from 1 May 2004,
this Regulation should apply from the same date and
should enter into force as soon as possible.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2497/2001 is replaced by
Annex I to this Regulation.

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
protocols
2001/919/EC,
additional
2001/918/EC and 2001/916/EC (hereinafter
protocols on wine) shall be suspended in the case of that
country.’

concluded

Decisions

by

3. Article 3 is replaced by the following:

‘Article 3

to each of

Notwithstanding the conditions laid down in point Annex
I(5)(a) 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 applicable protocols on the definition of the
concept of originating products and methods of adminis-
trative cooperation,

— to the

Interim Agreement between the European

Community and the Republic of Croatia,

— 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,

— and 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.’

Article 2

Regulation (EC) No 2597/2001 is amended as follows:

4. Article 5 is replaced by the following:

1. The title is replaced by the following:

‘Article 5

‘opening and providing for the management of Community
tariff quotas for certain wines originating in the Republic of
Croatia and in the former Yugoslav Republic of Macedonia’.

2. Article 1 is replaced by the following:

‘Article 1

The individual tariff quota for the wines originating in
the Annex under order
I of

1.
Croatia referred to in Part
number 09.1588 shall be increased every year.

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

1. When wines,
listed in the Annex, originating in the
Republic of Croatia or in the former Yugoslav Republic of
Macedonia are put into free circulation in the Community,
from an exemption of customs duty,
they shall benefit

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

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5. The Annex is replaced by the text set out in Annex II to this

Regulation.

Article 3

of this Regulation be taken into account for charging on the
respective tariff quotas laid down in the Annex to Regulation
(EC) No 2497/2001 and Regulation (EC) No 2597/2001, as
amended by this Regulation.

to Regulation (EC) No
The quantities which, pursuant
2497/2001 and Regulation (EC) No 2597/2001, have been
put into free circulation in the Community since 1 January
2004, within the tariff quotas with order numbers 09.1581,
09.1582, 09.1583, 09.1584, 09.1585, 09.1586, 09.1588,
09.1589, 09.1558 and 09.1559, shall at the entry into force

Article 4

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 May 2004.

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

Done at Brussels, 7 December 2004.

For the Commission

László KOVÁCS
Member of the Commission

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ANNEX I

‘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 as they exist at the time of adoption of this Regulation.
Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and
corresponding description taken together.

Order No

CN code

TARIC Sub-
division

Description

Annual tariff quota volume
(net weight)

30 tonnes

Tariff quota
duty

Exemption

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

fit

09.1581

09.1582

09.1583

0301 91 10
0301 91 90
0302 11 10
0302 11 20
0302 11 80
0303 21 10
0303 21 20
0303 21 80
0304 10 15
0304 10 17

ex 0304 10 19

ex 0304 10 91
0304 20 15
0304 20 17

ex 0304 20 19

40

10

50

ex 0304 90 10

11, 17, 40

ex 0305 10 00

ex 0305 30 90
0305 49 45

ex 0305 59 80

ex 0305 69 80

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 80

ex 0305 69 80

ex 0301 99 90
0302 69 61
0303 79 71

ex 0304 10 38

ex 0304 10 98

ex 0304 20 94

ex 0304 90 97

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

10

50

61

61

30

20

40

16

20

60

30

63

63

80

80

77

50

82

30

70

40

65

65

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

210 tonnes

Exemption

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

35 tonnes

Exemption

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Tariff quota
duty

Exemption

Description

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

and other
fit

Annual tariff quota volume
(net weight)

from 1 January to 31 December
2004:
550 tonnes + 66,66 tonnes
increase from 1 May to 31
December 2004
from 1 January to 31 December
2005 and for every year
thereafter:
650 tonnes

Order No

CN code

09.1584

09.1585

09.1586

ex 0301 99 90
0302 69 94
ex 0303 77 00
ex 0304 10 38
ex 0304 10 98
ex 0304 20 94
ex 0304 90 97
ex 0305 10 00
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80

1604 13 11
1604 13 19
ex 1604 20 50

1604 16 00
1604 20 40

TARIC Sub-
division

15, 17, 28 (1)

10
85
79
60
84
40
80
50
67
67

10, 19

Prepared or preserved sardines

Prepared or preserved anchovies

from 1 January to 31 December
2004:
180 tonnes

6 %

Exemption

Exemption

from 1 January to 31 December
2004:
40 tonnes + 6,66 tonnes
increase from 1 May to 31
December 2004

from 1 May to 31 December
2004:
860 tonnes
from 1 January to 31 December
2005 and for every year
thereafter: 1 550 tonnes

09.1587

1604

Prepared or preserved fish; caviar and
caviar substitutes prepared from fish eggs

(1) From 1 January 2005 the TARIC subdivisions 15, 17 and 28 will be replaced by 22.’

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Official Journal of the European Union

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ANNEX II

‘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 as they exist at the time of adoption of this Regulation.
Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and
corresponding description taken together.

Order No

CN code

09.1588

09.1589

ex 2204 10 19

ex 2204 10 99

2204 21 10
ex 2204 21 79

ex 2204 21 80

ex 2204 21 83 (2)

ex 2204 21 84 (3)

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

TARIC
Sub-division

91, 99

91, 99

79
80
79
80
10
79
80
10
79
80

10
30 (4)
10
30 (4)
10

10

10
30 (4)
10
30 (4)
10
30 (4)
10

PART I: CROATIA

Description

Annual quota volume
(in hl)

Sparkling wine, other than Champagne or
Asti spumante

Other wine of fresh grapes, in containers
holding 2 litres or less

From 1 January to 31 December
2004:
30 000 + 9 333,33 increase
from 1 May to 31 December
2004

Tariff quota
duty

Exemption

For every year thereafter, from
1 January to 31 December:
44 000 (1)

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

Exemption

From 1 January to 31 December
2004:
15 000 + 9 333,33 increase
from 1 May to 31 December
2004

For every year thereafter, from
1 January to 31 December:
29 000

(1) This quota volume shall be increased annually by 10 000 hl, subject to at least 80 % of the eligible quantity having been utilised in the previous year. The annual increase

shall be applied until the sum of the tariff quotas under order No 09.1588 and 09.1589 reaches a maximum of 98 000 hl.

(2) From 1 January 2005 the CN code ex 2204 21 83 will change to ex 2204 21 84 and the TARIC subdivisions 10, 79 and 80 will change to 59 and 70.
(3) From 1 January 2005 the CN code ex 2204 21 84 will change to ex 2204 21 85 and the TARIC subdivisions 10, 79 and 80 will change to 79 and 80.
(4) From 1 January 2005 the TARIC subdivisions 10 and 30 will change to 20.

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PART II: FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Order No

CN Code

09.1558

09.1559

ex 2204 10 19

ex 2204 10 99
2204 21 10

ex 2204 21 79

ex 2204 21 80

ex 2204 21 83 (2)

ex 2204 21 84 (3)

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

TARIC
Sub-division

91, 99

91, 99

79
80

79
80

10
79
80

10
79
80
10
30 (4)
10
30 (4)
10

10

10
30 (4)
10
30 (4)
10
30 (4)
10

Description

Sparkling wine, other than Champagne or
Asti spumante

Other wine of fresh grapes, in containers
holding 2 litres or less

Tariff quota
duty

Exemption

Annual quota volume
(in hl)

From 1 January to 31 December
2004:
27 000 + 1 333,33 increase
from 1 May to 31 December
2004

For every year thereafter, from
1 January to 31 December:
37 000 (1)

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

Exemption

From 1 January to 31 December
2004:
273 000 + 59 666,66 increase
from 1 May to 31 December
2004

For every year thereafter, from
1 January to 31 December:
354 500 (5)

(1) From 1 January 2006, this quota volume shall be increased annually by 6 000 hl.
(2) From 1 January 2005 the CN code ex 2204 21 83 will change to ex 2204 21 84 and the TARIC subdivisions 10, 79 and 80 will change to 59 and 70.
(3) From 1 January 2005 the CN code ex 2204 21 84 will change to ex 2204 21 85 and the TARIC subdivisions 10, 79 and 80 will change to 79 and 80.
(4) From 1 January 2005 the TARIC subdivisions 10 and 30 will change to 20.
(5) From 1 January 2006, this quota volume shall be reduced annually by 6 000 hl.’