2010/0036 (COD)  Proposal for a Regulation of the European Parliament and of the Council on amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process
Date: 2010-02-22
Institutions: European Commission
Subjects: association agreement (EU), customs duties, import, originating product, tariff preference, tariff quota, third country, trade agreement (EU)

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 22.2.2010 
COM(2010)54 final 

2010/0036 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on amending Council Regulation (EC) No 1215/2009 introducing exceptional trade 
measures for countries and territories participating in or linked to the European 
Union's Stabilisation and Association process 

EN 

   EN 

 
 
 
  
(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

EXPLANATORY MEMORANDUM 

By  Regulation  (EC)  No  2007/20001,  the  European  Union  has  granted  exceptional 
unlimited duty-free access to the EU market for nearly all products originating in the 
countries and territories benefiting from the Stabilisation and Association process. The 
key  aim  of  these  measures  is  to  revitalise  the  Western  Balkan  economies  through  a 
privileged  access  to  the  EU  market.  In  turn,  economic  development  is  to  foster 
political stability in the entire region. 

As Council Regulation (EC) No 2007/2000 was substantially amended several times, 
it was codified by Council Regulation (EC) No 1215/2009 of 30 November 20092. 

These trade preferences were granted for a period ending on 31 December 2010 and 
currently  apply  to  Bosnia  and  Herzegovina,  Serbia  and  Kosovo3  for  all  the  products 
under  the  scope  of  Regulation  (EC)  No  1215/2009.  The  products  originating  in 
Albania, in the Republic of Croatia, in the former Yugoslav Republic of Macedonia or 
in  Montenegro  continue  to  benefit  from  the  provisions  of  Regulation  (EC)  No 
1215/2009 when so indicated or from any measures provided in Regulation (EC) No 
1215/2009 which are more favourable than the trade concessions provided for in the 
framework of bilateral agreements between the European Union and these countries. 

On  the  16  June  2008  the  Stabilisation  and  Association  Agreement  between  the 
European Union and Bosnia and Herzegovina was signed. Pending the conclusion of 
ratification  procedures,  the  Interim  Agreement  on  trade  and  trade-related  matters 
between the European Union and Bosnia and Herzegovina entered into force on 1 July 
2008.  

On 29 April 2008 the Stabilisation and Association Agreement between the European 
Union and Serbia was signed. Pending its entry into force, the Interim Agreement on 
trade  and  trade-related  matters  between  the  European  Union  and  Serbia  is 
implemented since 8 December 2009 and entered into force on 1 February 2010. 

As the Interim Agreements / Stabilisation and Association Agreements (SAAs) grant 
trade  concessions  to  Bosnia  and  Herzegovina  and  Serbia  on  the  same  products 
identified  in  the  autonomous  trade  preferences,  these  concessions  have  to  be 
withdrawn  from  the  Council  Regulation  (EC)  No  1215/2009.  These  concern  the 
preferential  tariff  quotas  for  baby  beef,  sugar  and  sugar  products,  certain  wines,  as 
well as for certain fishery products.  

On  14  October  2009  the  European  Commission  adopted  a  Communication  entitled 
Kosovo  -  Fulfilling  its  European  Perspective  and  it  recommended  to  extend  the 
Autonomous Trade Measures. 

The  General  Affairs  Council  in  its  Conclusions  of  8  December  2009  states  that  in 
respect to the EU's relations with Kosovo it attaches importance to measures on trade, 
without prejudice to Member States' positions on status. 

1 
2 
3 

OJ L 240, 23.9.2000, p. 1. 
OJ L 328, 15.12.2009, p. 1. 
As defined by UNSCR 1244/99. 

EN 

2 

   EN 

 
                                                 
(9) 

The  European  Parliament  in  its  Resolution  on  26  November  2009  Enlargement 
strategy  2009  concerning  the  countries  of  the  Western  Balkans  Iceland  and  Turkey 
calls  on  the  Commission  to  make  every  possible  effort  to  mitigate  the  effect  of  the 
economic crisis on the Western Balkans.  

(10)  The  termination  of  the  trade  preferences  would  take  from  the  beneficiaries  an 
objective  economic  advantage  in  their  trade  with  the  EU.  This  could  have  very 
negative  consequences  on  the  overall  economic  performances  of  Western  Balkans, 
with  consequent  negative  repercussions  on  their  domestic  reform  and  transition 
processes. Moreover, their economic recovery could be seriously jeopardised.  

(11)  This proposal amends certain elements of Regulation (EC) No 1215/2009 to permit the 
extension  of  its  validity  to  31  December  2015  and  make  certain  adjustments 
consequent  to  the  entry  into  force  of  bilateral  agreements  with  Bosnia  and 
Herzegovina  and  Serbia.  Regulation  (EC)  No  1215/2009  also  contains,  in  Articles  2 
and  10,  certain  powers  reserved  to  the  Council  and  which  are  not  based  on  Council 
Decision  1999/468/EC  laying  down  the  procedures  for  the  exercise  of  implementing 
powers  conferred  on  the  Commission.  The  Commission  will  make  a  proposal  which 
will  revise  all  such  procedures  in  the  common  commercial  policy  in  the  light  of  the 
system of implementing acts set out in Article 291 of the Treaty on the Functioning of 
the European Union and the regulation on the rules and general principles concerning 
the Commission's exercise of the implementing powers adopted on the basis of Article 
291(3).  That  proposal  will  also  address  Articles  2  and  10  of  Regulation  (EC)  No 
1215/2009. This proposal will be presented as soon as possible after the Commission 
has  adopted  a  proposal  on  the  rules  and  general  principles  concerning  the 
Commission's exercise of the implementing powers.  

(12)  The Regulation does not incur costs charged to the EC budget. Its application would 
also not entail any losses of customs revenue compared to the current situation.  

(13) 

(14) 

In the  view  of  the above the present  proposal aims to extend the  validity of Council 
Regulation  (EC)  No  1215/2009  to  31  December  2015.  The  present  proposal  amends 
the  Council  Regulation  (EC)  No  1215/2009  in  order  to  take  into  consideration  the 
changes in respect to the products coverage. 

In  order  not  to  disrupt  trade,  this  Regulation  has  to  be  adopted  and  published  in  the 
Official Journal of the European Union before 31 December 2010. In the event this is 
not possible, the recital number 8 and the second paragraph of Article 3, which feature 
brackets in the Proposal, should be fully inserted in the Regulation in order to ensure, 
exceptionally, its retroactive application. 

EN 

3 

   EN 

 
2010/0036 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on amending Council Regulation (EC) No 1215/2009 introducing exceptional trade 
measures for countries and territories participating in or linked to the European 
Union's Stabilisation and Association process 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the Commission, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EC) No 2007/2000 of 18 September 20004 introduced exceptional 
trade measures for countries and territories participating in or linked to the European 
Union's  Stabilisation  and  Association  process,  which  provide  for  unlimited  duty  free 
access  to  the  Union  market  for  nearly  all  products  originating  in  the  countries  and 
customs  territories  benefiting  from  the  Stabilisation  and  Association  process.  As 
Council  Regulation  (EC)  No  2007/2000  was  substantially  amended  several  times,  it 
was codified by Council Regulation (EC) No 1215/2009 of 30 November 20095. 

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 
was signed in Luxemburg on 16 June 2008. 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  Bosnia  and 
Herzegovina,  of  the  other  part  was  signed  and  concluded.  The  Interim  Agreement 
entered into force on 1 July 20086. 

A  Stabilisation  and  Association  Agreement  between  the  European  Communities  and 
their Member States of the one part, and the Republic of Serbia, of the other part was 
signed  in  Luxemburg  on  29  April  2008.  Pending  the  completion  of  the  procedures 
necessary  for  its  entry  into  force,  an  Interim  Agreement  on  trade  and  trade-related 

4 
5 
6 

OJ L 240, 23.9.2000, p. 1. 
OJ L 328, 15.12.2009, p. 1. 
OJ L 233 30.8.2008, p. 6. 

EN 

4 

   EN 

 
                                                 
matters between the European Community, of the one part, and the Republic of Serbia, 
of the other part was signed and concluded. The Interim Agreement entered into force 
on 1 February 20107. 

The Stabilisation and Association Agreements and the Interim Agreements establish a 
contractual  trade  regime  between  the  European  Union  and  Bosnia  and  Herzegovina, 
and  between  the  European  Union  and  Serbia.  It  is  therefore  necessary  to  amend 
Regulation (EC) No 1215/2009 by removing Bosnia and Herzegovina and Serbia from 
the list of beneficiaries of the tariff concessions granted for the same products under 
the  contractual  regime  and  to  adjust  the  global  tariff  quota  volumes  for  specific 
products  for  which  tariff  quotas  have  been  granted  under  the  contractual  regimes. 
Bosnia  and  Herzegovina  and  Serbia  should  however  remain  beneficiaries  of 
Regulation  (EC)  No  1215/2009  insofar  as  that  Regulation  provides  for  concessions 
which are more favourable than the concessions existing under the contractual regime. 
Council  Regulation  (EC)  No  1215/2009  expires  on  31  December  2010.  Council 
Regulation (EC) No 1215/2009 remains the main instrument governing trade relations 
with Kosovo8. Continued access to the market of the European Union is crucial for the 
economic  recovery  of  Kosovo  and  the  whole  region.  At  the  same  time,  it  will  not 
create negative effects for the European Union. 

For these  reasons  it  is  appropriate to extend  the  validity  of  Council  Regulation  (EC) 
No 1215/2009 to 31 December 2015.  

In order to ensure the respect of the Union's international obligations, the preferences 
contained in this Regulation should be made conditional on continuation or renewal of 
the existing waiver from WTO obligations obtained by the European Union.  

To protect the economic interest of operators it is necessary to provide for transitional 
measures for goods that are, at the date of entry into force of this Regulation in transit 
or in temporary storage in customs warehouses. 

[In order not to disrupt trade, it is necessary for this Regulation to be applied as of 1 
January 2011 given that Council Regulation (EC) 1215/2009 expires on 31 December 
2010,] 

(4) 

(5) 

(6) 

(7) 

(8) 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1215/2009 is amended as follows: 

(1) 

Article 1 is replaced by the following: 

7 
8 

OJ L 28, 30.1.2010, p. 2. 
As defined by UNSCR 1244/99. 

EN 

5 

   EN 

 
                                                 
"Article 1 

Preferential arrangements  

1. 

2. 

Subject to the special provisions laid down in Article 3, products originating in the 
customs  territory  of  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  Union  without  quantitative  restrictions  or 
measures  having  equivalent  effect  and  with  exemption  from  customs  duties  and 
charges having equivalent effect. 

Products originating in Albania, in Bosnia and Herzegovina, in Croatia, in the former 
Yugoslav  Republic  of  Macedonia,  in  Montenegro  or  in  Serbia  shall  continue  to 
benefit  from  the  provisions  of  this  Regulation  when  so  indicated.  They  shall  also 
benefit  from  any  concession  provided  for  in  this  Regulation  which  is  more 
favourable  than  the  one  provided  for  in  the  framework  of  bilateral  agreements 
between the European Union and these countries." 

(2) 

In Article 2, paragraph 1, sub-paragraph (a) is replaced by the following: 

"(a)  compliance  with  the  definition  of  'originating  products'  provided  for  in  Part  I, 
Title IV, Chapter 2, Section 2 of Regulation (EEC) No 2454/93;" 

(3) 

In Article 3, paragraph 2 is replaced by the following: 

"2.  The  customs  duties  applicable  to  imports  into  the  Union  of  ‘baby-beef’ 
products  defined  in  Annex  II  and  originating  in  the  customs  territory  of  Kosovo, 
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 475 tonnes 
expressed in carcase weight. 

Any  request  for  import  within  this  quota  shall  be  accompanied  by  an  authenticity 
certificate issued by the competent authorities of the exporting territory and attesting 
that the goods originate in the 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 1234/2007 establishing a common organisation of agricultural markets and 
on specific provisions for certain agricultural products (Single CMO Regulation)9." 

(4) 

(5) 

In Article 3, paragraph 3 is deleted. 

Article 4 is replaced by the following: 

9 

OJ L 299, 16.11.2007, p. 1. 

EN 

6 

   EN 

 
                                                 
"Article 4 

Implementation of tariff quota for 'baby beef' 

"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  Council  Regulation  (EC)  No  1234/2007  establishing  a  common 
organisation  of  agricultural  markets  and  on  specific  provisions  for  certain 
agricultural products (Single CMO Regulation)." 

(6) 

In Article 12, the second subparagraph is replaced by the following:  

"It  shall  apply  until  31  December  2015.  The  preferences  provided  for  in  this 
Regulation shall cease to apply, in whole or in part, should the preferences provided 
in  this  Regulation  not  be  permitted  by  a  waiver  granted  by  the  World  Trade 
Organisation. Such cessation of effects shall apply from the day on which the waiver 
is no longer in effect. Sufficiently prior to that date, the Commission shall publish a 
notice  in  the  Official  Journal  of  the  European  Union  to  inform  operators  and  the 
competent  authorities.  The  notice  shall  specify  which  preferences  provided  for  by 
this Regulation are no longer in effect and the date from which the preferences are no 
longer in effect." 

(7) 

Annex I is replaced by the text in the Annex to this Regulation. 

Article 2 

Goods which, on 1 January 2011, are either in transit or are in the Union in temporary storage 
in  customs  warehouses  or  in  free  zones  and  for  which  before  that  date  a  proof  of  origin  of 
Bosnia  and  Herzegovina  or  Serbia  has  been  properly  issued  in  accordance  with  Title  IV, 
Chapter  2,  Section  2  of  Commission  Regulation  (EEC)  2454/9310,  shall  continue  to  benefit 
from Regulation (EC) No 1215/2009 until 1 May 2011. 

Article 3 

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

[It shall apply from 1 January 2011].  

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

10 

OJ L 253, 11.10.1993, p. 1. 

EN 

7 

   EN 

 
                                                 
Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

8 

   EN 

 
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. 

Quota 
volume per 
year 1 

15 tonnes 

Beneficiaries 

Rate of duty 

customs 
territory of 
Kosovo 

0% 

Order 
No 

09.1571 

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 

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 18 

ex 0304 19 91 

0304 29 15 

 0304 29 17 

ex 0304 29 18 

ex 0304 99 21 

ex 0305 10 00 

ex 0305 30 90 

0305 49 45 

 ex 0305 59 80 

ex 0305 69 80 

EN 

9 

   EN 

 
Quota 
volume per 
year 1 

20 tonnes  

Beneficiaries 

Rate of duty 

customs 
territory of 
Kosovo 

0% 

45 tonnes 

customs 
territory of 
Kosovo 

0% 

Order 
No 

CN Code 

Description 

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 

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 

09.1573 

0301 93 00 

0302 69 11 

0303 79 11 

ex 0304 19 18 

ex 0304 19 91 

ex 0304 29 18 

ex 0304 99 21 

ex 0305 10 00 

ex 0505 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 

ex 0304 99 99 

ex 0305 10 00 

ex 0305 30 90 

ex 0305 49 80 

ex 0305 59 80 

EN 

10 

   EN 

 
 
Order 
No 

CN Code 

Description 

Quota 
volume per 
year 1 

Beneficiaries 

Rate of duty 

30 tonnes 

customs 
territory of 
Kosovo 

0% 

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 

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 

ex 0305 49 80 

 ex 0305 59 80 

 ex 0305 69 80 

EN 

11 

   EN 

 
Quota 
volume per 
year 1 

Beneficiaries 

Rate of duty 

 50 000hl2  Albania5, 

Exemption 

Bosnia and 
Herzegovina7 
Croatia3, 
former 
Yugoslav 
Republic of 
Macedonia4, 
Montenegro6, 
Serbia 8 or 
customs 
territory of 
Kosovo 

Order 
No 

CN Code 

Description 

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

09.1515 

ex 2204 21 93 

ex 2204 21 94 

ex 2204 21 95 

ex 2204 21 96 

ex 2204 21 97 

ex 2204 21 98 

ex 2204 29 93 

ex 2204 29 94 

ex 2204 29 95 

ex 2204 29 96 

ex 2204 29 97 

ex 2204 29 98 

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  Croatia  to  this  global  tariff  quota,  is  subject  to  the  prior 
exhaustion  of  both  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. 

4 Access for wine originating in the former Yugoslav Republic of Macedonia to this global tariff quota is subject 
to the prior exhaustion of both 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. 

5  Access  for  wine  originating  in  the  Republic  of  Albania  to  this  global  tariff  quota  is  subject  to  the  prior 
exhaustion  of  both  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. 

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. 

EN 

12 

   EN 

 
 
 
7  Access  for  wine  originating  in  Bosnia  and  Herzegovina  to  the  global  tariff  quota  is  subject  to  the  prior 
exhaustion  of  both  individual  tariff  quotas  provided  for  in  the  Protocol  on  wine  concluded  with  Bosnia  and 
Herzegovina. These individual quotas are opened under order Nos 09.1528 and 09.1529. 

8  Access  for  wine  originating  in  Serbia  to  the  global  tariff  quota  is  subject  to  the  prior  exhaustion  of  both 
individual tariff quotas provided for in the Protocol on wine concluded with Serbia. These individual quotas are 
opened under order Nos 09.1526 and 09.1527. 

EN 

13 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Regulation  of  the  European  Parliament  and  of  the  Council  amending  Council 
Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries 
and  territories  participating  in  or  linked  to  the  European  Union's  Stabilisation  and 
Association process 

2. 

BUDGET LINES: 

Chapter and Article: 120 

Amount budgeted for the year concerned (2010): 14 079 700 000 € 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

X 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place)  

Budget line 

Revenue11 

12 month period, 
starting 01/01/2011 

[Year n] 

Article 120 

Impact on own resources 

0.3 

11 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs 

EN 

14 

   EN 

 
 
 
 
 
 
                                                 
Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

Article … 

4. 

ANTI-FRAUD MEASURES 

In case of fraud or failure to provide administrative cooperation for the verification 
of evidence of origin or in case of a failure of compliance with the conditions set for 
the entitlement of the preferential arrangement, the Commission may take measures 
to  suspend,  in  whole  or  in  part,  the  arrangement  provided  for  in  the  Council 
Regulation (EC) No 1215/2009. 

5. 

OTHER REMARKS 

The  calculation  of  the  financial  impact  is  based  on  trade  weighted  MFN  tariffs  at 
HS2 level. The calculation was made on the basis of 2008 figures.  

The  impact  on  own  resources  is  expressed  as  a  net  amount  (i.e.  calculated  by 
deducting from the gross amount a 25% collection costs). 

In respect to the preferential treatment for fruits and vegetables the calculation was 
based on the full elimination of the tariff. However, the actual loss is a fraction of the 
amounts  indicated,  because  the  preferential  treatment  refers  only  to  a  specific 
element of the total MFN value. 

Table 2: EU main imports from Kosovo by import regime and estimated "loss" 
of EU tariff revenue, 2008 (€ million and %) 

HS2 

Sub-total 

Other HS2 imports 

ALL PRODUCTS  

EU  
imports* 
€ million 

Preferential
imports 

MFN-0 
imports 

MFN 
tariff** 

"Tariff loss" 

€ million 

€ million 

% 

€ million 

64.2 

13.9 

78.1 

8.7 

0.4 

9.2 

54.8 

n.a. 

13.3 

n.a. 

68.1 

n.a. 

0.4 

n.a. 

n.a. 

Source: COMEXT and TRAINS. Note: * Minus imports under 'unknown' regime. ** 
Trade weighted  

EN 

15 

   EN