Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on amending Council Regulation (EC) No 1215/2009 in relation to tariff quotas for wine
Date: 2013-04-08
Institutions: European Commission
Subjects: Western Balkans, fishery product, import (EU), tariff exemption, wine

EUROPEAN 
COMMISSION 

Brussels, 8.4.2013  
COM(2013) 187 final 

2013/0099 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on amending Council Regulation (EC) No 1215/2009 in relation to tariff quotas for wine

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  European  Union  grants  exceptional  unlimited  duty-free  access  to  the  EU  market  for 
nearly  all  products  originating  in  the  countries  benefiting  from  the  Stabilisation  and 
Association process, through Council Regulation (EC) No 1215/2009 of 30 November 2009, 
except wine and baby beef, which remain subject to tariff quotas. The 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. 

These trade preferences are granted for a period ending on 31 December 2015, and currently 
apply  to  Bosnia  and  Herzegovina,  Serbia,  Albania,  the  Republic  of  Croatia,  the  former 
Yugoslav Republic of Macedonia, Montenegro and Kosovo∗. 

Stabilisation and Association Agreements and Interim Agreements grant in some instances a 
tariff  quota  for  wine,  sugar  and  baby  beef.  An  additional  global  tariff  quota  for  wine,  of 
50.000 hl, is provided in Council Regulation (EC) N° 1215/2009, open to all the beneficiaries 
subject  to  exhaustion  of  their  specific  quota  available  under  the  respective  Stabilisation  and 
Association Agreements or the Interim Agreements. 

Kosovo has no Stabilisation and Association Agreement, and can only benefit of the general 
tariff quota. When this tariff quota is exhausted by other countries, Kosovan exporters have 
no preferential access to the EU market. 

Kosovo has demonstrated the potential to export wine to the EU, and exporters need a stable 
and reliable framework. 

Therefore, it is proposed to allocate a specific tariff quota of 20.000 hl to Kosovo, which is 
deducted  from  the  global  quota  of  50.000  hl  provided  for  in  Council  Regulation  (EC)  N° 
1215/2009,  hence  reduced  to  30.000  hl.  This  is  achieved  by  closing  the  current  tariff  quota 
and establishing two new ones for the said amounts. 

A mechanism is foreseen which eliminates the legal uncertainties deriving from the fact that 
the  quotas  are  allocated  on  a  first  come  –  first  served  basis,  and  that  the  date  of  entry  into 
force of this regulation can't be anticipated. In order to avoid expanding the overall volume of 
concessions, the quota reserved for Kosovo is applied on a pro-rata basis. 

This  reallocation  does  not  affect  the  global  volume  of  concession  to  the  countries  in  the 
Western  Balkans,  and  maintains  stable  wine  market  conditions  in  the  EU.  Specific  tariff 
quotas established in Stabilisation and Association Agreements or Interim Agreements are not 
affected. 

The  proposed  amendment  does  not  incur  costs  charged  to  the  EU  budget.  Its  application 
would also not entail any losses of customs revenue compared to the current situation. 

In  the  view  of  the  above  the  present  proposal  aims  to  amending  Annex  1  of  Council 
Regulation  (EC)  N°  1215/2009,  by  establishing  a  specific  quota  of  20.000  hl  for  wine 
originating in Kosovo and reducing proportionately the global quota. 

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 2013. 

∗ 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the 
ICJ Opinion on the Kosovo Declaration of Independence. 

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RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2. 

NA 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Having regards to the Treaty on the Functioning of the European Union, and in particular Art 
207 (2) thereof, and Council Regulation (EC) No 1215/2009 of 30 November 2009. 

BUDGETARY IMPLICATION  

4. 

NA 

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2013/0099 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on amending Council Regulation (EC) No 1215/2009 in relation to tariff quotas for wine 

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 European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

1 
∗ 

Since 2000 the Union grants unlimited duty free access to the Union market for almost 
all products originating in the Western Balkans. Currently, this system is provided for 
in  Council  Regulation  (EC)  No  1215/2009  of  30  November  2009  introducing 
exceptional  trade  measures  for  countries  participating  in  or  linked  to  the  European 
Union’s Stabilisation and Association process1. 

All  the  Western  Balkans  countries  benefit  from  preferential  trade  arrangements, 
including individual tariff quotas, under the Stabilisation and Association Agreements 
or  Interim  Agreements  on  trade  and  trade-related  matters  concluded  with  these 
countries, with the exception of Kosovo∗. 

Regulation (EC) No 1215/2009, made available a general quota of 50.000 hl for wine, 
on a first-come first-served basis to all the beneficiaries, subject to the exhaustion of 
their specific quotas available under the Stabilisation and Association Agreements or 
Interim Agreements. 

A  stable  access  to  the  market  of  the  Union  is  necessary  for  the  socio-economic 
development of Kosovo, which has demonstrated the capacity  to export wine. In the 
absence  of  an  individual  tariff  quota,  Kosovan  producers  lack  the  necessary 
predictability for their exports. 

It is appropriate to allocate a specific annual tariff quota of 20 000 hl for wine exports 
from Kosovo to the EU, and to reduce proportionately the general annual tariff quota 
for wine available to all the beneficiaries from 50 000 hl to 30 000 hl. 

The allocation of a specific tariff quota is achieved by closing the existing global tariff 
quota and opening two new ones, whose total volume is equivalent to the volume of 
the tariff quota closed. 

OJ L328, 15.12.2009, p. 1. 
This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the 
ICJ opinion on the Kosovo Declaration of Independence. 

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(7) 

(8) 

It  is  also  appropriate  to  introduce  a  mechanism  which  avoids  legal  uncertainties  as 
regards the tariff quotas available on the day of entry into force of this regulation, and 
to prevent that the overall volume of the concession exceeds 50 000 hl. 

As the total volume of the concessions is not modified, this regulation does not affect 
the wine sector of the Union. The specific concessions provided for in the Stabilisation 
and  Association  Agreements  or  the  Interim  Agreements  are  also  not  affected  by  this 
Regulation. 

(9) 

This  regulation  does  not  affect  obligations  of  the  Union  in  the  World  Trade 
Organisation (WTO) and does not need to receive a WTO waiver. 

(10)  Regulation (EC) N° 1215/2009 should therefore be amended accordingly. 

HAVE ADOPTED THIS REGULATION: 

Annex I to Regulation (EC) No 1215/2009 is replaced by the text set out in the Annex to this 
Regulation. 

Article 1 

Article 2 

The  following  transitional  measures  shall  apply  on  the  year  of  entry  into  force  of  this 
Regulation: 

(1) 

The  new  tariff  quotas  under  the  order  numbers  09.1530  and  09.1560  shall  inherit 
proportionally  the  balance  of  the  tariff  quota  09.1515  at  the  date  of  the  entry  into 
force of this regulation, with the following modalities: 

(a)  The  initial  amount  of  the  tariff  quota  09.1530  shall  be  calculated  using  the 

following formula: 
0.6 x balance of the tariff quota 09.15152 on the day of entry into force of this 
Regulation. 

(b)  The  initial  amount  of  the  tariff  quota  09.1560  shall  be  calculated  using  the 

following formula: 

0.4 x balance of the tariff quota 09.1515 on the day of entry into force of this 
Regulation. 

(c)  Both initial amounts shall be rounded to the whole unit (hectoliter). 

(2) 

The pending (not allocated) tariff quota requests for the tariff quota 09.1515 shall be 
transferred  to  the  tariff  quotas  09.1530  and  09.1560  respectively,  according  to  the 
origin of the wine. 

2 

The  balances  of  tariff  quotas  are  published  on  the  web  pages  of  the  European  Commission,  General 
Directorate of Taxation and Customs Union. 

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

Article 3 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX  

"ANNEX I 

TARIFF QUOTAS REFERRED TO IN ARTICLE 3(1) of Council Regulation (EC) 1215/2009. 

Notwithstanding  the  rules  for  the  interpretation  of  the  Combined  Nomenclature  (CN),  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. 

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Quota 
volume per 
year1 

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 14 10 

0303 14 20 

0303 14 90 

0304 42 10 

0304 42 50 

0304 42 90 

ex 0304 52 00 

0304 82 10 

0304 82 50 

0304 82 90 

ex 0304 99 21 

ex 0305 10 00 

ex 0305 39 90 

0305 43 00 

ex 0305 59 80 

ex 0305 69 80 

20 tonnes  

Customs 
territory of 
Kosovo 

0% 

09.1573 

0301 93 00 

0302 73 00 

0303 25 00 

ex 0304 39 00 

ex 0304 51 00 

ex 0304 69 00 

ex 0304 93 90 

Carp (Cyprinus carpio, 
Carassius carassius, 
Ctenopharyngodon idellus, 
Hypophthalmichthys spp., 
Cirrhinus spp., 
Mylopharyngodon piceus): 
live; fresh or chilled; frozen; 
dried, salted or in brine, 
smoked; fillets and other fish 
meat; flours, meals and pellets, 
fit for human consumption 

1 

One global volume per tariff quota accessible to imports originating in the beneficiaries. 

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8 

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Order 
No 

CN Code 

Description 

Quota 
volume per 
year1 

Beneficiaries 

Rate of duty 

ex 0305 10 00 

ex 0305 31 00 

ex 0305 44 90 

ex 0305 59 80 

ex 0305 64 00 

09.1575 

ex 0301 99 85 

0302 85 10 

0303 89 50 

ex 0304 49 90 

ex 0304 59 90 

ex 0304 89 90 

ex 0304 99 99 

ex 0305 10 00 

ex 0305 39 90 

ex 0305 49 80 

ex 0305 59 80 

ex 0305 69 80 

09.1577 

ex 0301 99 85 

0302 84 10 

0303 84 10 

ex 0304 49 90 

ex 0304 59 90 

ex 0304 89 90 

ex 0304 99 99 

ex 0305 10 00 

ex 0305 39 90 

45 tonnes 

Customs 
territory of 
Kosovo 

0% 

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 

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 

EN 

9 

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Order 
No 

CN Code 

Description 

Quota 
volume per 
year1 

Beneficiaries 

Rate of duty 

ex 0305 49 80 

ex 0305 59 80 

ex 0305 69 80 

EN 

10 

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Quota 
volume per 
year1 

Beneficiaries 

Rate of duty 

30 000 hl2  Albania3 

Exemption 

Bosnia and 
Herzegovina4 
Croatia5, former 
Yugoslav 
Republic of 
Macedonia,6 
Montenegro7, 
Serbia8, 
Customs 
territory of 
Kosovo9 

Order 
No 

CN Code 

Description 

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

09.1530 

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 

2 

3 

4 

5 

6 

7 

8 

9 

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. 
Access for wine originating in Albania 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  Albania.  This  individual 
quota is opened under order No 09.1512 and 09.1513. 
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. 
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. 
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. 
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. 
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. 
Access for wine originating in the customs territory of Kosovo to the global tariff quota is subject to the 
prior  exhaustion  of  the  tariff  quota  provided  for  in  this  Regulation.  This  individual  quota  is  opened 
under order No 09.1560. 

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Quota 
volume per 
year1 

20 000 hl 

Beneficiaries 

Rate of duty 

Customs 
territory of 
Kosovo 

Exemption 

Order 
No 

CN Code 

Description 

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

09.1560 

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 

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12 

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