Corrigendum to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part ( OJ L 169, 30.6.2008 )
Date: 2008-08-30
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, administrative cooperation, agricultural product, association agreement (EU), competition, fishery product, interim agreement (EU), protective clause, tariff quota, tariff reduction

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Official Journal of the European Union

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CORRIGENDA

Corrigendum to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the
Stabilisation and Association Agreement between the European Communities and their Member States, of the one
part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-
related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part

(Official Journal of the European Union L 169 of 30 June 2008)

Regulation (EC) No 594/2008 should read as follows:

COUNCIL REGULATION (EC) No 594/2008

of 16 June 2008

on certain procedures for applying the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the
other part, and for applying the Interim Agreement on trade and trade-related matters between the
European Community, of the one part, and Bosnia and Herzegovina, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) A Stabilisation and Association Agreement between the
European Communities and their Member States, of the
one part, and Bosnia and Herzegovina, of the other part,
(hereinafter
signed in
Luxembourg on 16 June 2008.

the SAA) was

referred to as

(2) On 16 June 2008 the Council concluded an Interim
Agreement on trade and trade-related matters between the
European Community, of the one part, and Bosnia and
Herzegovina, of the other part (1) (hereinafter referred to as
the Interim Agreement) which provides for the early entry
into force of the trade and trade-related provisions of the
SAA. The Interim Agreement is to enter into force on the
first day of the month following the date of the deposit of
the last instrument of ratification or approval.

(3)

It is necessary to lay down the procedures for applying
certain provisions of the Interim Agreement. Since the trade
and trade-related provisions of these instruments are to a
very large extent identical, this Regulation should also apply
to the implementation of the SAA after its entry into force.

(1) See page 6 of this Official Journal.

(4)

The SAA and the Interim Agreement stipulate that fishery
products originating in Bosnia and Herzegovina may be
imported into the Community at a reduced customs duty,
within the limits of tariff quotas. It is therefore necessary to
lay down provisions regulating the management of these
tariff quotas.

(5) Where trade defence measures become necessary,

laid

they
should be adopted in accordance with the general
provisions
down in Council Regulation (EC)
No 3285/94 of 22 December 1994 on the common rules
for imports (2), Council Regulation (EEC) No 2603/69 of
20 December 1969 establishing common rules
for
exports (3), Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries not members of the European Commu-
nity (4) or, as the case may be, Council Regulation (EC)
No 2026/97 of 6 October 1997 on protection against
subsidised imports from countries not members of the
European Community (5).

(6) Where a Member State provides the Commission with
information on a possible fraud or failure to provide
administrative cooperation, the relevant community legisla-
in particular Council Regulation (EC)
tion shall apply,
No 515/97 of 13 March 1997 on mutual assistance
the Member
between the administrative authorities of

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by
Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).
(3) OJ L 324, 27.12.1969, p. 25. Regulation as last amended by
Regulation (EEC) No 3918/91 (OJ L 372, 31.12.1991, p. 31).
(4) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(5) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

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latter and the
States and cooperation between the
Commission to ensure the correct application of the law
on customs and agricultural matters (1).

(7)

(8)

For the purposes of implementing the relevant provisions
of this Regulation the Commission should be assisted by
the Customs Code Committee established by Council
Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (2).

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
implementing powers
the exercise of
procedures
conferred on the Commission (3),

for

HAS ADOPTED THIS REGULATION:

(b)

EUR 1 or less per individual amount in the specific duties.

Article 4

Technical adaptations

to the provisions
Amendments and technical adaptations
adopted pursuant
to this Regulation rendered necessary by
changes to the Combined Nomenclature codes and to the TARIC
subdivisions or arising from the conclusion of new or modified
Agreements, Protocols, Exchanges of Letters or other acts
between the Community and Bosnia and Herzegovina, shall be
adopted in accordance with the management procedure referred
to in Article 12(2).

Article 1

Subject matter

Article 5

General safeguard clause

This Regulation lays down certain procedures for the adoption of
detailed rules for the implementation of certain provisions of the
Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and
Bosnia and Herzegovina, of the other part (hereinafter referred to
as the SAA), and of the Interim Agreement on trade and trade-
related matters between the European Community, of the one
part, and Bosnia and Herzegovina, of the other part (hereinafter
referred to as the Interim Agreement).

Without prejudice to Article 7, where the Community needs to
take a measure as provided for in Article 24 of the Interim
Agreement, and thereafter Article 39 of the SAA, it shall be
adopted in accordance with the conditions and procedures laid
down in Regulation (EC) No 3285/94, unless otherwise specified
in Article 24 of the Interim Agreement, and thereafter Article 39
of the SAA.

Article 2

Concessions for fish and fishery products

Article 6

Shortage clause

Detailed rules on the implementation of Article 13 of the Interim
Agreement, and thereafter Article 28 of the SAA, concerning the
tariff quotas for fish and fishery products, shall be adopted by the
Commission in accordance with the management procedure
referred to in Article 12(2) of this Regulation.

Without prejudice to Article 7, where the Community needs to
take a measure as provided for in Article 25 of the Interim
Agreement, and thereafter Article 40 of the SAA, it shall be
adopted in accordance with the procedures laid down in
Regulation (EEC) No 2603/69.

Article 3

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 the preferential
the following, the
duty pursuant to paragraph 1 is one of
preferential rate shall be considered a full exemption:

(a)

1 % or less in the case of ad valorem duties; or

(1) OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC)

No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Article 7

Exceptional and critical circumstances

Where exceptional and critical circumstances arise within the
meaning of Articles 24(5)(b) and 25(4) of
the Interim
Agreement, and thereafter Article 39(5)(b) and 40(4) of the
SAA, the Commission may take immediate measures as provided
for in Articles 24 and 25 of
the Interim Agreement, and
thereafter Article 39 and 40 of the SAA.

If the Commission receives a request from a Member State, it
shall take a decision thereon within five working days of receipt
of the request.

The Commission shall notify the Council of its decision.

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Any Member State may refer the Commission's decision to the
Council within 10 working days of receiving notification of the
decision.

Article 10

Competition

The Council, acting by a qualified majority, may take a different
decision within two months.

Article 8

Safeguard clause for agricultural and fishery products

1. Notwithstanding the procedures provided for in Articles 5
and 6 of this Regulation, where the Community needs to take a
safeguard measure as provided for in Article 24 of the Interim
Agreement, and thereafter Article 39 of the SAA, concerning
agricultural and fishery products, the Commission shall, at the
request of a Member State or on its own initiative, decide upon
the necessary measures after, where applicable, having had
recourse to the referral procedure provided for in Article 24 of
the Interim Agreement, and thereafter Article 39 of the SAA.

If the Commission receives a request from a Member State, it
shall take a decision thereon:

(a) within three working days following the receipt of a request,
where the referral procedure provided for in Article 24 of
the Interim Agreement, and thereafter Article 39 of the
SAA, does not apply; or

In the event of a practice that may justify application by the
1.
Community of the measures provided for in Article 36 of the
Interim Agreement, and thereafter Article 71 of the SAA, the
Commission shall, after examining the case, on its own initiative
or on the request of a Member State, decide whether such
practice is compatible with the Agreement.

The measures provided for in Article 36(10) of the Interim
Agreement, and thereafter Article 71(10) of the SAA, shall be
adopted in the cases of aid in accordance with the procedures
laid down in Regulation (EC) No 2026/97 and in the other cases
in accordance with the procedure laid down in Article 133 of the
Treaty.

2.
In the event of a practice that may cause measures to be
applied to the Community by Bosnia and Herzegovina on the
basis of Article 36 of the Interim Agreement, and thereafter
Article 71 of the SAA, the Commission shall, after examining the
case, decide whether
the practice is compatible with the
principles set out in the Interim Agreement, and thereafter the
SAA. Where necessary, it shall take appropriate decisions on the
basis of criteria which result from the application of Articles 81,
82 and 87 of the Treaty.

(b) within three days of the end of the 30 days period referred
to in Articles 24(5)(a) of
the Interim Agreement, and
thereafter Article 39(5)(a) of the SAA, where the referral
procedure provided for
the Interim
Agreement, and thereafter Article 39 of the SAA, applies.

in Article 24 of

The Commission shall notify the Council of the measures it
decided.

Article 11

Fraud or failure to provide administrative cooperation

Where the Commission, on the basis of information provided by
a Member State or on its own initiative, finds that the conditions
laid down in Article 29 of the Interim Agreement, and thereafter
in Article 44 of the SAA, are fulfilled, it shall, without undue
delay:

2. Measures decided on by the Commission pursuant
to
paragraph 1 may be referred to the Council by any Member State
within three working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
within one month following the date on which they were
referred to the Council.

Article 9

Dumping and subsidy

In the event of a practice which is liable to warrant application by
the Community of the measures provided for in Article 23(2) of
the Interim Agreement, and thereafter Article 38(2) of the SAA,
the introduction of anti-dumping and/or countervailing meas-
ures shall be decided upon in accordance with the provisions laid
respectively, Regulation (EC) No 384/96 and/or
down in,
Regulation (EC) No 2026/97.

(a)

inform the Council; and

(b)

notify the Interim Committee, and thereafter the Stabilisa-
tion and Association Committee, of its finding together
with the objective information, and enter into consultations
within the Interim Committee, and thereafter the Stabilisa-
tion and Association Committee.

Any publication under Article 29(5) of the Interim Agreement,
and thereafter in Article 44(5) of the SAA, shall be effected by
the Commission in the Official Journal of the European Union.

The Commission may decide, in accordance with the advisory
procedure referred to in Article 12(3) of this Regulation, to
suspend temporarily the relevant preferential treatment of the
the Interim
products as provided for
Agreement, and thereafter Article 44(4) of the SAA.

in Article 29(4) of

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Article 12

Committee

Article 13

Notification

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.

The Commission, acting on behalf of the Community, shall be
responsible for notification to the Interim Committee, and
thereafter the Stabilisation and Association Council and the
Stabilisation and Association Committee,
as
required by the Interim Agreement or the SAA.

respectively,

Article 14

Entry into force

3. Where reference is made to this paragraph, Articles 3 and 7
of Decision 1999/468/EC shall apply.

This Regulation shall enter
publication in the Official Journal of the European Union.

into force on the day of

its

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

Done at Luxembourg, 16 June 2008.

For the Council

The President

D. RUPEL