Commission Regulation (EC) No 407/2008 of 7 May 2008 amending Council Regulation (EC) No 2007/2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process
Date: 2008-05-07
Institutions: European Commission
Subjects: Albania, Western Balkans, association agreement, economic stabilisation, market access, originating product, tariff quota

8.5.2008

EN

Official Journal of the European Union

L 122/7

COMMISSION REGULATION (EC) No 407/2008

of 7 May 2008

amending Council Regulation (EC) No 2007/2000 introducing exceptional trade measures for
countries and territories participating in or linked to the European Union's Stabilisation and
Association process

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 Regu-
lations (EC) No 1763/1999 and (EC) No 6/2000 (1), and in
particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 2007/2000 provides for unlimited
duty-free access to the Community market for nearly
all products originating in the countries and territories
benefiting from the Stabilisation and Association process.

A Stabilisation and Association Agreement between the
European Communities and their Member States of the
one part, and Montenegro, of the other part was signed
in Luxemburg on 15 October 2007. Pending the
completion of
the procedures necessary for its entry
into force, an Interim Agreement on trade and trade-
related matters between the European Community, of
the one part, and Montenegro, of the other part was
signed and concluded and entered into force on
1 January 2008 (2).

The Stabilisation and Association Agreement and the
Interim Agreement establish a contractual trade regime
between the Community and Montenegro. The bilateral
trade concessions on the Community side are equivalent
concessions applicable within the unilateral
to the
autonomous
Regulation
(EC) No 2007/2000.

trade measures

under

It is therefore appropriate to amend Regulation (EC) No
2007/2000 to take into account these developments. In
particular it is appropriate to remove Montenegro from
the list of beneficiaries of the tariff concessions granted
for the same products under the contractual regime. In

addition, it is necessary to adjust the global tariff quota
volumes for specific products for which tariff quotas have
been granted under the contractual regimes.

imports of

By Commission Regulation (EC) No 1398/2007 (3),
Montenegro and Kosovo (4) have been removed from
the scope of application of
the Council Regulation
(EC) No 517/94 of 7 March 1994 on common rules
for
from certain third
countries not covered by bilateral agreements, protocols
or other arrangements, or by other specific Community
rules (5); Article 3 of Regulation (EC) No
import
2007/2000 has therefore become obsolete and should
be deleted.

textile products

Montenegro will
remain beneficiary of Regulation
(EC) No 2007/2000 insofar as that Regulation provides
for concessions which are more favourable than the
concessions existing under the contractual regime.

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,
referred to in Article 10 of Regulation
(EC) No 2007/2000,

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 2007/2000 is amended as follows:

Article 1

1. Article 1 is replaced by the following:

‘Article 1

Preferential arrangements

1.
Subject to the special provisions laid down in Article 4,
products originating in Bosnia and Herzegovina or in the
customs territories of Serbia or Kosovo, other than those
of headings 0102, 0201, 0202, 0301, 0302, 0303, 0304,
the Combined
0305, 1604, 1701, 1702 and 2204 of
Nomenclature,
into the
Community without quantitative restrictions or measures
having equivalent effect and with exemption from customs
duties and charges having equivalent effect.

shall be admitted for

import

(1) OJ L 240, 23.9.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 530/2007 (OJ L 125, 15.5.2007, p. 1).

(2) OJ L 345, 28.12.2007, p. 1.

(3) OJ L 311, 29.11.2007, p. 5.
(4) As defined by UNSCR 1244.
(5) OJ L 67, 10.3.1994, p. 1. Regulation as last amended by Regulation

(EC) No 1398/2007 (OJ L 311, 29.11.2007, p. 5).

L 122/8

EN

Official Journal of the European Union

8.5.2008

Products originating in Albania,

in the Republic of
2.
Croatia,
in the former Yugoslav Republic of Macedonia or
in Montenegro shall continue to benefit from the provisions
of this Regulation when so indicated or from any measures
provided in this Regulation which are more favourable than
the trade concessions provided for in the framework of
bilateral agreements between the European Community and
these countries.

Imports of sugar products under headings 1701 and
3.
1702 of the Combined Nomenclature originating in Bosnia
and Herzegovina or in the customs territories of Serbia or
Kosovo, shall benefit
in
Article 4.’

from concessions provided for

2. Article 3 is repealed.

3. In Article 4(2), point (d) is replaced by the following:

‘(d) 9 175 tonnes (carcass weight) for “baby-beef” products
territories of Serbia or

originating in the customs
Kosovo’.

4. In Article 4, paragraph 4 is replaced by the following:

‘4.
Imports of sugar products under headings 1701 and
1702 of the Combined Nomenclature originating in Bosnia
and Herzegovina and the customs territories of Serbia or
Kosovo, shall be subject to the following annual duty-free
tariff quotas:

(a) 12 000 tonnes (net weight) for sugar products originat-

ing in Bosnia and Herzegovina;

(b) 180 000 tonnes (net weight) for sugar products originat-
ing and the customs territories of Serbia or Kosovo.’

5. Annex I is replaced by the text in the Annex to this Regu-

lation.

Article 2

Goods which, on the date of entry into force of this Regulation,
are either in transit or are in the Community in temporary
storage in customs warehouses or
in free zones and for
which before that date a proof of origin of Montenegro has
been properly issued in accordance with Title IV, Chapter 2,
Section 2 of Commission Regulation (EEC) No 2454/93 (1),
shall continue to benefit from Regulation (EC) No 2007/2000
for a period of four months from the entry into force of this
Regulation.

Article 3

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 7 May 2008.

For the Commission

Peter MANDELSON
Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.

8.5.2008

EN

Official Journal of the European Union

L 122/9

ANNEX

‘ANNEX I

CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 4(1)

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 scheme is
to be determined by application of the CN code and corresponding description taken together.

Order No

CN Code

Description

Quota volume
per year (1)

Beneficiaries

Rate of duty

50 tonnes

Bosnia and Herzegovina, customs
territories of Serbia or Kosovo

Exemption

(Salmo trutta, Oncorhynchus mykiss,
Trout
agua-
clarki, Oncorhynchus
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;
flours, meals and pellets,
for human
consumption

fit

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

in brine,

smoked;

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

fillets and other
fit

flours, meals and pellets,

110 tonnes

Bosnia and Herzegovina, customs
territories of Serbia or Kosovo

Exemption

75 tonnes

Bosnia and Herzegovina, customs
territories of Serbia or Kosovo

Exemption

09.1571

09.1573

09.1575

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 19 15
0304 19 17
ex 0304 19 19
ex 0304 19 91
0304 29 15
0304 29 17
ex 0304 29 19
ex 0304 99 21
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 19 19
ex 0304 19 91
ex 0304 29 19
ex 0304 99 21
ex 0305 10 00
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80

ex 0301 99 80
0302 69 61
0303 79 71
ex 0304 19 39
ex 0304 19 99
ex 0304 29 99
ex 0304 99 99
ex 0305 10 00
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80

L 122/10

EN

Official Journal of the European Union

8.5.2008

Order No

CN Code

Description

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

pellets,

for

fit

Quota volume
per year (1)

60 tonnes

Beneficiaries

Rate of duty

Bosnia and Herzegovina, customs
territories of Serbia or Kosovo

Exemption

09.1577

09.1561

09.1515

ex 0301 99 80
0302 69 94
ex 0303 77 00
ex 0304 19 39
ex 0304 19 99
ex 0304 29 99
ex 0304 99 99
ex 0305 10 00
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80

1604 16 00
1604 20 40

ex 2204 21 79
ex 2204 21 80
ex 2204 21 84
ex 2204 21 85
2204 29 65
ex 2204 29 75
2204 29 83
ex 2204 29 84

Prepared or preserved anchovies

60 tonnes

Bosnia and Herzegovina, customs
territories of Serbia or Kosovo

12,5 %

Wine of fresh grapes, of an actual alcoholic
strength by volume not exceeding 15 %
vol, other than sparkling wine

129 000 hl (2) Albania (3), Bosnia and Herzegovina,
Croatia (4), former Yugoslav Republic
of Macedonia (5), Montenegro (6),
customs territories of Serbia or
Kosovo

Exemption

(1) One global volume per tariff quota accessible to imports originating in the beneficiaries.
(2) The volume of this global tariff quota shall be reduced if the quota volume of the individual tariff quota applicable under order No 09.1588 for certain wines originating

in Croatia is increased.

(3) Access for wine originating in the Republic of Albania to this global tariff quota is subject to the prior exhaustion of the individual tariff quotas provided for in the

Additional Protocol on wine concluded with Albania. These individual tariff quotas are opened under order Nos 09.1512 and 09.1513.

(4) Access for wine originating in the Republic of Croatia to this global tariff quota, is subject to the prior exhaustion of the individual tariff quotas provided for in the

Additional Protocol on wine concluded with Croatia. These individual tariff quotas are opened under order Nos 09.1588 and 09.1589.

(5) Access for wine originating in the former Yugoslav Republic of Macedonia to this global tariff quota is subject to the prior exhaustion of the individual tariff quotas
provided for in the Additional Protocol on wine concluded with the former Yugoslav Republic of Macedonia. These individual tariff quotas are opened under order Nos
09.1558 and 09.1559.

(6) Access for wine originating in Montenegro to the global tariff quota is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine

concluded with Montenegro. This individual quota is opened under order No 09.1514.’