Amended Proposal for a Council Regulation (EC) No …/… of […] introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (codified version)
Date: 2008-12-19
Institutions: European Commission
Subjects: Yugoslavia, agricultural product, codification of EU law, import, industrial product, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2008 
COM(2008) 889 final 

2008/0264 (CNS) 

Amended Proposal for a 

COUNCIL REGULATION (EC) No …/… 

of […] 

introducing exceptional trade measures for countries and territories participating in or 
linked to the European Union's Stabilisation and Association process (codified version) 

(presented by the Commission) 

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2008/0264 (CNS) 

Amended proposal for a 

COUNCIL REGULATION (EC) No …/… 

of […] 

introducing exceptional trade measures for countries and territories participating in or 
linked to the European Union's Stabilisation and Association process 

(Codified version) 

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1. 

2. 

3. 

EXPLANATORY MEMORANDUM 

On  5  September  2003,  the  Commission  presented  a  proposal  for  a  Council 
Regulation codifying 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 6/20001. 

In its opinion of 7 November 2003, the Consultative Working Party consisting of the 
respective  Legal  Services  of  the  European  Parliament,  the  Council  and  the 
Commission set up under the Interinstitutional Agreement of 20 December 1994 on 
an  accelerated  working  method  for  official  codification  of  legislative  texts2  stated 
that the proposal referred to in point 1 confined itself to straightforward codification, 
without any substantive changes to the acts covered by it. 

Having  regard  to  the  amendments  adopted3  in  respect  of  Regulation  (EC) 
No 2007/2000  and  in  view  of  the  work  already  carried  out  in  the  Council  on  the 
proposal  referred  to  in  point  1,  the  Commission  has  decided  to  present  –  in 
accordance  with  Article  250(2)  of  the  EC Treaty  –  an  amended  proposal  for 
codification of the Regulation in question.  

This amended proposal also takes account of the purely formal or editorial changes 
proposed by the Consultative Working Party of the Legal Services, where these are 
considered justified4. 

4. 

The changes made in this amended proposal, compared with the proposal referred to 
in point 1, are the following. 

(1) 

In Recital 1, footnote 3 is replaced by the following: 

“3 

OJ L 240, 23.9.2000, p. 1.” 

1 
2 
3 

4 

COM(2003) 537 final of 5 September 2003. 
OJ C 102, 4.4.1996, p. 2. 
Council Regulation (EC) No 374/2005 of 28 February 2005 amending 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  (OJ  L  59,  5.3.2005,  p.  1);  Commission 
Regulation (EC) No 1282/2005 of 3 August 2005 amending Council Regulation (EC) No 2007/2000 to 
take  account  of  Commission  Regulation  (EC)  No 1789/2003  and  of  Commission  Regulation  (EC) 
No 1810/2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff (OJ L 203, 4.8.2005, p. 6); Council Regulation (EC) 
No 1946/2005 of 14 November 2005 amending 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  (OJ  L  312,  29.11.2005,  p.  1);  Council  Regulation  (EC) 
No 530/2007  of  8  May  2007  amending  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  (OJ  L  125,  15.5.2007,  p.  1);  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 (OJ L 122, 8.5.2008, p. 7). 
See the opinion of the Consultative Working Party of 7 November 2003. 

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(2)  Recital 3 is replaced by the following: 

“(3)  A  continued  Community  market  opening  to  imports  from  the  Western 
Balkan countries is expected to contribute to the process of political and 
economic  stabilisation  in  the  region  while  not  creating  negative  effects 
for the Community.” 

(3)  Recital 8 is replaced by the following: 

“(8)  Bosnia  and  Herzegovina,  Serbia  and  Kosovo,  as  defined  by  the  United 
Nations Security Council Resolution 1244 (1999) subject to international 
civil administration by the United Nations Mission in Kosovo (UNMIK) 
(hereinafter referred to as ‘Kosovo’), fulfil these conditions, and similar 
trade  preferences  should  be  granted  to  all  of  them  in  order  to  avoid 
discrimination within the region.” 

(4)  The following Recitals 9 and 10 are inserted: 

“(9)  The  trade  measures  provided  for  in  this  Regulation  should  take  into 
account  that  Serbia  and  Kosovo  each  constitute  a  separate  customs 
territory. 

(10)  The Community has concluded an agreement on trade in textile products 

with Serbia*. 

___________ 

* 

OJ L 90, 8.4.2005, p. 36.” 

(5)  The  former  Recital  9  is  re-numbered  Recital  11  and  is  replaced  by  the 

following: 

“(11) Albania,  Croatia,  the  former  Yugoslav  Republic  of  Macedonia  and 
Montenegro should remain beneficiaries of this Regulation only in so far 
as  this  Regulation  provides  for  concessions  which  are  more  favourable 
than the concessions existing under the contractual regimes between the 
Community and those countries.” 

(6)  The  former  Recital  10  is  re-numbered  Recital  12  and  the  corresponding 

footnote is replaced by the following: 

“*  OJ L 253, 11.10.1993, p. 1.” 

(7)  The former Recital 11 is re-numbered Recital 13. 

(8)  The former Recital 12 is re-numbered Recital 14. 

(9)  The  former  Recital  13  is  re-numbered  Recital  15  and  is  replaced  by  the 

following: 

“(15) The  import  arrangements  provided  for  by  this  Regulation  should  be 
renewed on the basis of the conditions established by the Council and in 
the  light  of  the  experience  gained  in  granting  these  arrangements  under 

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this Regulation. It is appropriate to limit the duration of the arrangements 
to 31 December 2010,” 

(10)  Article 1 is replaced by the following: 

“Article 1 

Preferential arrangements 

1. 

2. 

3. 

Subject  to  the  special  provisions  laid  down  in  Article  3,  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,  0305,  1604,  1701,  1702  and  2204  of  the  Combined 
Nomenclature, shall be admitted for import into the Community without 
quantitative  restrictions  or  measures  having  equivalent  effect  and  with 
exemption from customs duties and charges having equivalent effect. 

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

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

(11)  Article 2 is replaced by the following: 

“Article 2 

Conditions for entitlement to the preferential arrangements 

1. 

Entitlement  to  benefit  from  the  preferential  arrangements  introduced  by 
Article 1 shall be subject to the following:  

(a) 

(b) 

compliance  with  the  definition  of  the  concept  of  ‘originating 
products’  provided  for  in  Part  I,  Title  IV,  Chapter  2,  Section 1, 
Subsection 1 of Regulation (EEC) No 2454/93; 

the abstention of the countries and territories referred to in Article 1 
from  introducing  new  duties  or  charges  having  equivalent  effect 
and  new  quantitative  restrictions  or  measures  having  equivalent 
effect in respect of imports originating in the Community or from 
increasing existing levels of duties or charges or from introducing 
any  other  restrictions  from  the date of  the  entry  into  force  of  this 
Regulation; and 

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(c) 

involvement  of  beneficiaries 

the 
in  effective  administrative 
cooperation  with  the  Community  in  order  to  prevent  any  risk  of 
fraud. 

2.  Without  prejudice  to  the  conditions  provided  for  in  paragraph 1, 
entitlement  to  benefit  from  the  preferential  arrangements  introduced  by 
Article 1 shall be subject to the readiness of the beneficiary countries to 
engage in  effective  economic  reforms  and  in  regional  cooperation  with 
other  countries  concerned  by  the  European  Union's  Stabilisation  and 
Association process, in particular through the establishment of free trade 
areas  in  conformity  with  Article XXIV  of  the  GATT  1994  and  other 
relevant WTO provisions. 

In the event of non-compliance in that respect, the Council may take the 
appropriate  measures  by  a  qualified  majority  vote,  on  the  basis  of  a 
Commission proposal.” 

(12)  Article 3 is deleted. 

(13)  Article 4 is re-numbered Article 3 and is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

“1.  For  certain  fishery  products  and  for  wine,  as  listed  in  Annex  I, 
originating  in  the  countries  and  territories  referred  to  in  Article  1, 
the customs duties applicable to imports into the Community shall 
be suspended during the periods, at the levels, within the limits of 
the Community tariff quotas and under the conditions indicated for 
each product and origin set out in that Annex.”;  

(b)  paragraph 2 is amended as follows: 

(i) 

in the second subparagraph: 

– 

the introductory sentence is replaced by the following: 

“The volume of the annual tariff quota of 11 475 tonnes shall 
be distributed among the beneficiary countries and territories, 
as follows:”; 

– 

point (b) is replaced by the following: 

“(b)  9 175 tonnes (carcass weight) for ‘baby-beef’ products 
originating  in  the  customs  territories  of  Serbia  or 
Kosovo.”; 

(ii) 

the fourth subparagraph is replaced by the following: 

“Any request for import within these quotas shall be accompanied 
by an authenticity certificate issued by the competent authorities of 
the  exporting  country  and  attesting that  the  goods  originate  in  the 
country  or  territory  concerned  and  correspond  to  the  definition  in 

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Annex II  to  this  Regulation.  This  certificate  shall  be  drawn  up  by 
the  Commission  in  accordance  with  the  procedure  referred  to  in 
Article 195(2) of Council Regulation (EC) No 1234/2007*. 

___________ 

* 

OJ L 299, 16.11.2007, p. 1.”; 

(c) 

the following new paragraph 3 is inserted after paragraph 2: 

“3. 

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  originating  in 
Bosnia and Herzegovina; 

(b)  180 000 tonnes (net weight) for sugar products originating in 

the customs territories of Serbia or Kosovo.”; 

(d) 

the former paragraph 3 is re-numbered paragraph 4. 

(14)  Article 5 is re-numbered Article 4 and is amended as follows: 

(a) 

the title is replaced by the following: 

“Implementation of tariff quotas for ‘baby beef’ and sugar”; 

(b) 

the following second paragraph is added: 

“The detailed rules for implementing the tariff quota for sugar products 
under heading Nos 1701 and 1702 of the Combined Nomenclature shall 
be determined by the Commission in accordance with the procedure laid 
down in Article 39(2) of Council Regulation (EC) No 318/2006*. 

__________ 

*  OJ L 58, 28.2.2006, p. 1.” 

(15)  Article  6  is  re-numbered  Article  5  and  the  first  paragraph  is  replaced  by  the 

following: 

“The  tariff  quotas  referred  to  in  Article  3(1)  of  this  Regulation  shall  be 
administered  by  the  Commission  in  accordance  with  Articles  308a,  308b  and 
308c of Regulation (EEC) No 2454/93.” 

(16)  Article 7 is re-numbered Article 6. 

(17)  Article 8 is re-numbered Article 7. 

(18)  Article 9 is re-numbered Article 8. 

(19)  Article 10 is re-numbered Article 9.  

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(20)  Article 11 is re-numbered Article 10. 

(21)  Article 12 is re-numbered Article 11. 

(22)  Article 13 is re-numbered Article 12 and the second paragraph is replaced by 

the following: 

“It shall apply until 31 December 2010.” 

(23)  The  text  of  Annex  I  is  replaced  by  the  text  of  the  Annex  to  Regulation  (EC) 

No 407/2008. 

(24)  In Annex III, left column, the following is added: 

“Council Regulation (EC) No 374/2005 
(OJ L 59, 5.3.2005, p. 1) 

Commission Regulation (EC) No 1282/2005 
(OJ L 203, 4.8.2005, p. 6) 

Council Regulation (EC) No 1946/2005 
(OJ L 312, 29.11.2005, p. 1) 

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

Commission Regulation (EC) No 407/2008 
(OJ L 122, 8.5.2008, p. 7)”. 

5. 

6. 

In  Annex  IV,  the  Correlation  Table  has  been  modified  in  accordance  with  the 
foregoing. 

To  facilitate  reading  and  examination,  the  full  text  of  the  amended  proposal  for 
codification is attached hereto. 

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(cid:208) 2007/2000 

 (COD) 

Amended Proposal for a 

COUNCIL REGULATION (EC) No …/… 

of […] 

introducing exceptional trade measures for countries and territories participating in or 
linked to the European Union's Stabilisation and Association process (codified version) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(cid:208)  

(1) 

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  6/20003,  has  been 
substantially amended several times4. In the interests of clarity and rationality the said 
Regulation should be codified. 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 240, 23.9.2000, p. 1.  
See Annex III. 

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(2) 

At its meeting in Lisbon on 23 and 24 March 2000, the European Council concluded 
that Stabilisation and Association Agreements with Western Balkan countries should 
be preceded by asymmetrical trade liberalisation. 

(cid:208) 2007/2000 Recital 1 

(3)  ⌦ A  continued  Community ⌫  market  opening  ⌦ to  imports  from  the  Western 
Balkan countries ⌫ is expected to contribute to the process of political and economic 
stabilisation in the region while not creating negative effects for the Community. 

(cid:208) 2007/2000 Recital 4 and 
1946/2005 Recital 3 (adapted) 

(4) 

It  is,  therefore,  appropriate  further  to  improve  the  Community’s  autonomous  trade 
preferences  by  removing  all  remaining  tariff  ceilings  for  industrial  products  and  by 
further  improving  access  to  the  Community  market  for  agricultural  and  fishery 
products, including processed products. 

(cid:208) 2007/2000 Recital 5 

(5) 

These measures are proposed as part of the EU Stabilisation and Association process, 
in a response to the specific situation in the Western Balkans. They will not constitute 
a precedent for Community trade policy with other third countries. 

(cid:208) 2007/2000 Recital 6 

(cid:208) 2007/2000 Recital 7 

(6) 

In accordance with the EU Stabilisation and Association process, based on the earlier 
Regional Approach and the Council Conclusions of 29 April 1997, the development of 
bilateral  relations  between  the  European  Union  and  the  Western  Balkan  countries  is 
subject to certain conditions. The granting of autonomous trade preferences is linked 
to  respect  for  fundamental  principles  of  democracy  and  human  rights  and  to  the 
readiness  of  the  countries  concerned  to  develop  economic  relations  between 
themselves.  The  granting  of  improved  autonomous  trade  preferences  in  favour  of 
countries  participating  in  the  EU  Stabilisation  and  Association  process  should  be 
linked  to  their  readiness  to  engage  in  effective  economic  reforms  and  in  regional 
cooperation, in particular through the establishment of free trade areas in accordance 
with  relevant  GATT/WTO  standards.  In  addition,  entitlement  to  benefit  from 
autonomous  trade  preferences  is  conditional  on  the  beneficiaries’  involvement  in 
effective administrative co-operation with the Community in order to prevent any risk 
of fraud. 

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(7) 

Trade preferences can only be granted to countries or territories possessing a customs 
administration. 

(cid:208) 2007/2000 Recital 8 

(cid:208) 2007/2000 Recital 9 (adapted) 

(8) 

Bosnia and Herzegovina, ⌦ Serbia and ⌫ Kosovo, as defined by the United Nations 
Security Council Resolution 1244 (1999) subject to international civil administration 
by  the  United  Nations  Mission  in  Kosovo  (UNMIK)  (hereinafter  referred  to  as 
‘Kosovo’), fulfil these conditions, and similar trade preferences should be granted to 
all of them in order to avoid discrimination within the region. 

(9) 

The  trade  measures  provided  for  in  ⌦ this ⌫  Regulation  should  take  into  account 
that Serbia and Kosovo each constitute a separate customs territory. 

(cid:208) 1946/2005 Recital 5 (adapted) 

(10)  The Community has concluded an agreement on trade in textile products with Serbia5. 

(cid:208) 1946/2005 Recital 6 

(cid:208) 2487/2001 Recital 5 (adapted) 

(11)  ⌦ Albania, ⌫  Croatia,  the  former  Yugoslav  Republic  of  Macedonia  ⌦ and 
Montenegro ⌫ should remain ⌦ beneficiaries ⌫ of this Regulation only in so far as 
this  Regulation  provides  for  concessions  which  are  more  favourable  than  the 
concessions  existing  under  the  contractual  regimes  ⌦ between  the  Community  and 
those countries ⌫. 

(12)  For the purposes of certification of origin and administrative co-operation procedures, 
the relevant provisions of 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 Code6 should be applied. 

(cid:208) 2007/2000 Recital 14 

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6 

OJ L 90, 8.4.2005, p. 36. 
OJ L 253, 11.10.1993, p. 1.  

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(13)  For the sake of rationalisation and simplification, it is appropriate to provide that the 
Commission  may,  after  consulting  the  Customs  Code  Committee  and  without 
prejudice  to  the  specific  procedures  provided  for  in  this  Regulation,  make  any 
necessary changes and technical amendments necessary to this Regulation. 

(cid:208) 2007/2000 Recital 15 

(14)  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 
procedures for the exercise of implementing powers conferred on the Commission7. 

(cid:208) 2007/2000 Recital 16 (adapted) 

(15)  ⌦ The ⌫  import  arrangements  ⌦ provided  for  by  this  Regulation ⌫  should  be 
renewed on the basis of the conditions established by the Council and in the light of 
the  experience  gained  in  granting  these  arrangements  under  this  Regulation.  It  is 
appropriate to limit the duration of the arrangements to 31 December ⌦ 2010 ⌫, 

(cid:208) 2007/2000 Recital 19 (adapted) 

HAS ADOPTED THIS REGULATION: 

(cid:208) 2007/2000 

(cid:208) 407/2008 Art. 1 pt. 1 

Article 1 

Preferential arrangements 

1. Subject to the special provisions laid down in Article 3 , 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,  0305,  1604,  1701,  1702  and  2204  of  the 
Combined  Nomenclature,  shall  be  admitted  for  import  into  the  Community  without 
quantitative  restrictions  or  measures  having  equivalent  effect  and  with  exemption  from 
customs duties and charges having equivalent effect. 

2. Imports of sugar products under headings 1701 and 1702 of the Combined Nomenclature 
originating in Bosnia and Herzegovina or in the customs territories of Serbia or Kosovo shall 
benefit from concessions provided for in Article 3. 

7 

OJ L 184, 17.7.1999, p. 23.  

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

(cid:208) 2007/2000 

Article 2 

Conditions for entitlement to the preferential arrangements 

1. Entitlement to benefit from the preferential arrangements introduced by Article 1 shall be 
subject to the following:  

(a) 

(b) 

compliance with the definition of the concept of ‘originating products’ provided for 
in  Part  I,  Title  IV,  Chapter  2,  Section  1,  Subsection  1  of  Regulation  (EEC)  No 
2454/93; 

(cid:208) 2007/2000 (adapted) 

 the  abstention  of  the  countries  and  territories  ⌦ referred  to ⌫  in  Article  1  from 
introducing  new  duties  or  charges  having  equivalent  effect  and  new  quantitative 
restrictions or measures having equivalent effect in respect of imports originating in 
the  Community  or  from  increasing  existing  levels  of  duties  or  charges  or  from 
introducing  any  other  restrictions  from  the   date  of  the  entry  into  force  of  this 
Regulation; ⌦ and ⌫ 

(c) 

 the  involvement  of  beneficiaries  in  effective  administrative  co-operation  with  the 
Community in order to prevent any risk of fraud. 

(cid:208) 2007/2000 

(cid:208) 2007/2000 (adapted) 
(cid:206)1 2487/2001 Art. 1 pt. 3 
(adapted) 

2. ⌦ Without prejudice to the conditions provided for in paragraph 1, entitlement ⌫ (cid:206)1 to 
benefit  from  the  preferential  arrangements  introduced  by  Article 1  shall  be  subject  to  the 
readiness  of  the  beneficiary  countries  to  engage   in  effective  economic  reforms  and  in 
regional  co-operation  with  other  countries  concerned  by  the  European  Union's  Stabilisation 
and  Association  process,  in  particular  through  the  establishment  of  free  trade  areas  in 
conformity with Article XXIV of the GATT 1994 and other relevant WTO provisions. 

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In the event of non-compliance in that respect, the Council may take the appropriate measures 
by a qualified majority vote, on the basis of a Commission proposal. 

(cid:208) 2007/2000 

Article 3 

Agricultural products — tariff quotas 

(cid:208) 2487/2001 Art. 1 pt. 6 
(adapted) 

1.  For  certain  fishery  products  and  for  wine, ⌦ as  listed  in  Annex  I, ⌫  originating  in  the 
countries and territories referred to in Article 1, the customs duties applicable to imports into 
the Community shall be suspended during the periods, at the levels, within the limits of the 
Community  tariff  quotas  and  under  the  conditions  indicated  for  each  product  and  origin  set 
out in that Annex. 

(cid:208) 2007/2000 
(cid:206)1 2487/2001 Art. 1 pt. 7(a) 

2.  The  customs  duties  applicable  to  imports  into  the  Community  of  ‘baby-beef’  products 
defined in Annex II and originating in the countries and territories referred to in Article 1(1) 
shall  be  20%  of  the  ad  valorem  duty  and  20%  of  the  specific  duty  as  laid  down  in  the 
Common Customs Tariff, within the limit of an annual tariff quota of (cid:206)1 11 475  tonnes 
expressed in carcass weight. 

The volume of the annual tariff quota of (cid:206)1 11 475  tonnes shall be distributed among the 
beneficiary ⌦ countries and territories ⌫ as follows: 

(cid:208) 2007/2000 (adapted) 
(cid:206)1 2487/2001 Art. 1 pt. 7(a) 

(a) 

1 500  tonnes  (  carcass  weight)  for  ‘baby-beef’  products  originating  in  Bosnia  and 
Herzegovina; 

(cid:208) 2007/2000 

(b) 

9 175  tonnes  (carcass  weight)  for  ‘baby-beef’  products  originating  in  the  customs 
territories of Serbia or Kosovo. 

(cid:208) 407/2008 Art. 1 pt. 3 

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Imports into the Community of ‘baby-beef’ products defined in Annex II and originating in 
Albania shall not benefit from a tariff concession. 

(cid:208) 2563/2000 Art. 1 pt. 6(c) 

(cid:208) 2007/2000 (adapted) 

Any request for import within these quotas shall be accompanied by an authenticity certificate 
issued  by  the  competent  authorities  of  the  exporting  country  and  attesting  that  the  goods 
originate  in  the  country  or  territory  concerned  and  correspond  to  the  definition  in  Annex  II 
⌦ to this Regulation ⌫. This certificate shall be drawn up by the Commission in accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  195(2)  of  Council  Regulation  (EC)  No  
1234/20078. 

(cid:208) 407/2008 Art. 1 pt. 4 (adapted) 

3. 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) 

(b) 

12 000 tonnes  (net  weight)  for  sugar  products  originating 
Herzegovina; 

in  Bosnia  and 

180 000  tonnes  (net  weight)  for  sugar  products  originating  ⌦ in ⌫  the  customs 
territories of Serbia or Kosovo. 

(cid:208) 2563/2000 Art. 1 pt. 7 
(adapted) 

4. Notwithstanding other provisions of this Regulation, and in particular Article 10, given the 
particular sensitivity of the agricultural and fishery markets, where imports of agricultural and 
fishery  products  cause  serious  disturbance  to  the  Community  markets  and  their  regulatory 
mechanisms, the Commission may take the appropriate measures in accordance with ⌦ the 
procedure referred to in Article 8(2) ⌫. 

8 

OJ L 299, 16.11.2007, p. 1. 

EN 

15 

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(cid:208) 2007/2000 

Article 4 

Implementation of tariff quotas for ‘baby beef’ and sugar 

(cid:208) 374/2005 Art. 1 pt. 3(a) 

The  detailed  rules  for  implementing  the  tariff  quota  for  ‘baby-beef’  products  shall  be 
determined by the Commission in accordance with the procedure referred to in Article 195(2) 
of Regulation (EC) 1234/2007. 

(cid:208) 2007/2000 

(cid:208) 374/2005 Art. 1 pt. 3(b) 
(adapted) 

The  detailed  rules  for  implementing  the  tariff  quota  for  sugar  products  under  heading 
Nos 1701  and  1702  ⌦ of  the  Combined  Nomenclature ⌫  shall  be  determined  by  the 
Commission in accordance with the procedure ⌦ referred to ⌫ in Article 39(2) of Council 
Regulation (EC) No 318/20069. 

(cid:208) 2007/2000 (adapted) 

Article 5 

Administration of tariff quotas 

The tariff quotas referred to in Article 3(1) ⌦ of this Regulation ⌫ shall be administered by 
the  Commission  in  accordance  with  Articles  308a,  308b  and  308c  of  Regulation  (EEC) 
No 2454/93. 

Communication  for  that  purpose  between  the  Member  States  and  the  Commission  shall  be 
effected, as far as possible, by telematic link. 

(cid:208) 2007/2000 

9 

OJ L 58, 28.2.2006, p. 1. 

EN 

16 

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Article 6 

Access to tariff quotas 

Each  Member  State  shall  ensure  that  importers  have  equal  and  uninterrupted  access  to  the 
tariff quotas for as long as the balance of the relevant quota volume so permits. 

Article 7 

Conferment of powers 

The Commission shall, in accordance with the procedure referred to in Article 8(2), adopt the 
provisions  necessary  for  the  application  of  this  Regulation,  other  than  those  provided  for  in 
Article 4, in particular: 

(a) 

(b) 

amendments  and  technical  adjustments  necessary  following  amendments  to  the 
Combined Nomenclature codes and to the TARIC-subdivisions; 

necessary  adjustments  following  the  conclusion  of  other  agreements  between  the 
Community and the countries and territories referred to in Article 1. 

Article 8 

Committee 

1.  The  Commission  shall  be  assisted  by  the  Customs  Code  Committee  instituted  by 
Article 247a  of  Council  Regulation  (EEC)  No  2913/9210,  hereinafter  referred  to  as  the 
‘Committee’. 

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall 
apply. 

The period referred to in Article 4(3) of Decision 1999/468/EC shall be one month. 

3. The Committee shall adopt its rules of procedure. 

Article 9 

Co-operation 

Member  States  and  the  Commission  shall  co-operate  closely  to  ensure  that  this  Regulation, 
and in particular the provisions set out in Article 10(1), are complied with. 

10 

OJ L 302, 19.10.1992, p. 1. 

EN 

17 

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(cid:208) 2007/2000 (adapted) 

Article 10 

Temporary suspension 

1. Where the Commission finds that there is sufficient evidence of fraud or failure to provide 
administrative co-operation as required for the verification of evidence of origin, or that there 
is a massive increase of exports into the Community above the level of normal production and 
export capacity or a failure of compliance with the provisions of Article 2(1) by countries and 
territories ⌦ referred to in Article 1 ⌫, it may take measures to suspend in whole or in part 
the arrangements provided for in this Regulation for a period of three months, provided that it 
has first: 

(a) 

(b) 

(c) 

informed the Committee; 

(cid:208) 2007/2000 

called on the Member States to take such precautionary measures as are necessary in 
order  to  safeguard  the  Community's  financial  interests  and/or  to  secure  compliance 
by the beneficiary countries and territories with Article 2(1); 

published  a  notice  in  the  Official  Journal  of  the  European  Union  stating  that  there 
are  grounds  for  reasonable  doubts  about  the  application  of  the  preferential 
arrangements  and/or  compliance  with  Article  2(1)  by  the  beneficiary  country  or 
territory  concerned  which  may  call  into  question  its  right  to  continue  enjoying  the 
benefits granted by this Regulation. 

2. A Member State may refer the Commission's decision to the Council within 10 days. The 
Council, acting by a qualified majority, may take a different decision within 30 days. 

3. On conclusion of the period of suspension, the Commission shall decide either to terminate 
the provisional suspension measure following consultation of the Committee or to extend the 
suspension measure in accordance with paragraph 1. 

(cid:208)  

Article 11 

Repeal 

Regulation (EC) No 2007/2000 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex IV. 

EN 

18 

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(cid:208) 2007/2000 (adapted) 
(cid:206)1 1946/2005 Art. 1 pt. 4 

Article 12 

Entry into force and application 

This  Regulation  shall  enter  into  force  on  the  ⌦ twentieth ⌫  day  following  that  of  its 
publication in the Official Journal of the European Union. 

It shall apply until (cid:206)1 31 December 2010 . 

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

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

19 

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(cid:208) 407/2008 Art. 1 pt. 5 and Annex 

ANNEX I 

CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 3(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. 

Quota volume 
per year(1) 

50 tonnes 

Beneficiaries 

Rate of duty 

Bosnia and Herzegovina, 
customs territories of Serbia 
or Kosovo 

Exemption 

Order 
No 

CN Code 

Description 

Trout (Salmo trutta, Oncorhynchus 
mykiss, Oncorhynchus clarki, 
Oncorhynchus aguabonita, 
Oncorhynchus gilae, 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, fit for human consumption 

09.1571 

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 

EN 

20 

EN 

 
  
 
Order 
No 

CN Code 

Description 

Quota volume 
per year(1) 

Beneficiaries 

Rate of duty 

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 

09.1573 

0301 93 00 

0302 69 11 

0303 79 11 

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 

110 tonnes 

Bosnia and Herzegovina, 
customs territories of Serbia 
or Kosovo 

Exemption 

EN 

21 

EN 

 
  
Order 
No 

CN Code 

Description 

Quota volume 
per year(1) 

Beneficiaries 

Rate of duty 

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 

09.1575 

ex 0301 99 80 

0302 69 61 

0303 79 71 

ex 0304 19 39 

ex 0304 19 99 

ex 0304 29 99 

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 

75 tonnes 

Bosnia and Herzegovina, 
customs territories of Serbia 
or Kosovo 

Exemption 

EN 

22 

EN 

 
  
Order 
No 

CN Code 

Description 

Quota volume 
per year(1) 

Beneficiaries 

Rate of duty 

ex 0304 99 99 

ex 0305 10 00 

ex 0305 30 90 

ex 0305 49 80 

ex 0305 59 80 

ex 0305 69 80 

09.1577 

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 

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

60 tonnes 

Bosnia and Herzegovina, 
customs territories of Serbia 
or Kosovo 

Exemption 

EN 

23 

EN 

 
  
Order 
No 

CN Code 

Description 

Quota volume 
per year(1) 

Beneficiaries 

Rate of duty 

ex 0305 49 80 

ex 0305 59 80 

ex 0305 69 80 

09.1561 

1604 16 00 

Prepared or preserved anchovies 

60 tonnes 

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

129 000 hl (2) 

1604 20 40 

09.1515 

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 

Bosnia and Herzegovina, 
customs territories of Serbia 
or Kosovo 

12.5 % 

Exemption 

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

EN 

24 

EN 

 
  
(1) 
(2) 

(3) 

(4) 

(5) 

(6) 

One global volume per tariff quota accessible to imports originating in the beneficiaries. 
The volume of this global tariff quota shall be reduced if the quota volumes of the individual tariff quota applicable under order No 09.1588 for certain wines originating 
in Croatia are increased. 
Access for wine originating in 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. 
Access for wine originating in 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. 
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. 
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. 

__________

EN 

25 

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(cid:208) 2007/2000 

ANNEX II 

DEFINITION OF ‘BABY BEEF’ PRODUCTS REFERRED TO IN ARTICLE 3(2) 

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. 

CN code 

TARIC 
subdivision 

Description 

Live bovine animals: 

– Other: 

– – Domestic species: 

– – – Of a weight exceeding 300 kg: 

– – – – Heifers (female bovines that have never calved): 

ex 0102 90 51 

– – – – – For slaughter: 

ex 0102 90 59 

ex 0102 90 71 

10 

11 

21 

31 

91 

10 

–  Not yet having any permanent teeth, of a weight 
of 320 kg or more but not exceeding 470 kg1 

– – – – – Other: 

–  Not yet having any permanent teeth, of a weight 
of 320 kg or more but not exceeding 470 kg1 

– – – – Other: 

– – – – – For slaughter: 

–  Bulls and steers not yet having permanent teeth, 
of a weight of 350 kg or more but not exceeding 
500 kg1 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

TARIC 
subdivision 

Description 

ex 0102 90 79 

– – – – – Other: 

21 

91 

–  Bulls and steers not yet having permanent teeth, 
of a weight of 350 kg or more but not exceeding 
500 kg1 

Meat of bovine animals, fresh or chilled: 

ex 0201 10 00 

– Carcasses and half-carcasses 

91 

–  Carcasses  of  a  weight  of  180 kg  or  more  but  not 
exceeding  300 kg,  and  half  carcasses  of  a  weight  of 
90 kg  or  more  but  not  exceeding  150 kg,  with  a  low 
degree  of  ossification  of  the  cartilages  (in  particular 
those  of 
the  vertebral 
apophyses), the meat of which is a light pink colour and 
the  fat  of  which,  of  extremely  fine  texture,  is  white  to 
light yellow in colour1 

the  symphysis  pubis  and 

– Other cuts with bone in: 

ex 0201 20 20 

– – ‘Compensated’ quarters: 

91 

– 

‘Compensated’  quarters  of  a  weight  of  90 kg  or  more 
but  not  exceeding  150 kg,  with  a  low  degree  of 
ossification of the cartilages (in particular those of the 
symphysis  pubis  and  the  vertebral  apophyses),  the 
meat  of  which  is  a  light  pink  colour  and  the  fat  of 
which,  of  extremely  fine  texture,  is  white  to  light 
yellow in colour1 

ex 0201 20 30 

– – Unseparated or separated forequarters: 

91 

–  Separated  forequarters,  of  a  weight  of  45 kg  or  more 
but  not  exceeding  75 kg,  with  a  low  degree  of 
ossification of the cartilages (in particular those of the 
vertebral apophyses), the meat of which is a light pink 
colour and the fat of which, of extremely fine texture, 
is white to light yellow in colour1 

EN 

27 

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CN code 

TARIC 
subdivision 

Description 

ex 0201 20 50 

– – Unseparated or separated hindquarters: 

91 

–  Separated  hindquarters  of  a  weight  of  45 kg  or  more 
but  not  exceeding  75 kg  (but  38 kg  or  more  and  not 
exceeding  68 kg  in  the  case  of  ‘Pistola’  cuts),  with  a 
low  degree  of  ossification  of  the  cartilages  (in 
particular  those  of  the  vertebral  apophyses),  the  meat 
of which is a light pink colour and the fat of which, of 
extremely  fine  texture,  is  white  to  light  yellow  in 
colour1 

1 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

__________

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28 

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(cid:207) 

ANNEX III 

Repealed Regulation with list of its successive amendments 

Council Regulation (EC) No 2007/2000 
(OJ L 240, 23.9.2000, p. 1) 

Council Regulation (EC) No 2563/2000 
(OJ L 295, 23.11.2000, p. 1) 

Commission Regulation (EC) No 2487/2001 
(OJ L 335, 19.12.2001, p. 9) 

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

only Article 1 

Council Regulation (EC) No 374/2005 
(OJ L 59, 5.3.2005, p. 1) 

Commission Regulation (EC) No 1282/2005 
(OJ L 203, 4.8.2005, p. 6) 

Council Regulation (EC) No 1946/2005 
(OJ L 312, 29.11.2005, p. 1) 

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

Commission Regulation (EC) No 407/2008 
(OJ L 122, 8.5.2008, p. 7) 

__________ 

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29 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EC) No 2007/2000 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 2 

Article 4(1) 

Article 1(1) 

Article 1(3) 

Article 1(2) 

Article 2 

Article 3(1) 

Article 4(2), first subparagraph 

Article 3(2), first subparagraph 

Article 
introductory wording 

4(2), 

second 

subparagraph, 

Article 
introductory wording 

3(2), 

second 

subparagraph, 

Article 4(2), second subparagraph, point (a) 

Article 3(2), second subparagraph, point (a) 

Article 4(2), second subparagraph, point (d) 

Article 3(2), second subparagraph, point (b) 

Article 4(2), third and fourth subparagraphs 

Article 3(2), third and fourth subparagraphs 

Article 4(3) 

Article 4(4) 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

EN 

Article 3(4) 

Article 3(3) 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

— 

— 

— 

— 

30 

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— 

Article 17 

Annex I 

Annex II 

— 

— 

Article 11 

Article 12 

Annex I 

Annex II 

Annex III 

Annex IV 

__________ 

EN 

31 

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