CELEX: 31992R3953
Language: en
Date: 1992-12-21 00:00:00
Title: Council Regulation (EEC) No 3953/92 of 21 December 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Bosnia- Herzegovina, Croatia and Slovenia and the territory of the former Yugoslav Republic of Macedonia

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31992R3953

Council Regulation (EEC) No 3953/92 of 21 December 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Bosnia- Herzegovina, Croatia and Slovenia and the territory of the former Yugoslav Republic of Macedonia  

Official Journal L 406 , 31/12/1992 P. 0001 - 0039

COUNCIL REGULATION (EEC) N° 3953/92 of 21 December 1992 concerning the arrangements  applicable to the import into the Community of products originating in the Republics of  Bosnia-Herzegovina, Croatia and Slovenia and the territory of the former Yugoslav Republic of  MacedoniaTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof; Having regard to the proposal from the Commission, Whereas by Regulation (EEC) N° 545/92 (1), the Council granted the Republics of Croatia and  Slovenia and the Yugoslav Republics of Bosnia-Herzegovina, Macedonia and Montenegro the benefit of  trade provisions which are equivalent to those of the Cooperation Agreement concluded by the  Community with the former Socialist Federal Republic of Yugoslavia; Whereas by Regulation (EEC) N° 1433/92 (2), the Council removed Montenegro from the list of  beneficiaries of these measures; Whereas these measures should be maintained for 1993, HAS ADOPTED THIS REGULATION: Article 1Subject to the special provisions laid down in Articles 2 to 8,  products other than those listed in Annex II to the Treaty establishing the European Economic  Community and in Annex A to this Regulation, originating in the Republics of Bosnia-Herzegovina,  Croatia and Slovenia and in the territory of the former Yugoslav Republic of Macedonia, shall be  admitted for import into the Community without quantitative restrictions or measures having  equivalent effect and exempt from customs duties and charges having equivalent effect. This Article shall be without prejudice to the provisions of Council Regulation (EEC) N° 3301/91 of  11 November 1991 concerning import arrangements for certain textile products originating in  Yugoslavia (3). Article 2The import duties, namely the customs duties and levies (variable components)  applicable on import into the Community of the products listed in Annex B shall be those indicated  for each product in the said Annex. Article 31. The import of products listed in Annexes C I, C II, C III, and C IV shall be  subject, from 1 January to 31 December, to annual ceilings, indicated for each product, above which  the customs duties actually applied in respect of third countries may be reintroduced in accordance  with the provisions of paragraph 2. 2. As soon as a ceiling set for the import of a product has been reached, the Commission may  reintroduce, by means of a regulation, the levying of the customs duties referred to in paragraph 1  until the end of the calendar year. Article 41. In respect of products listed in Annex D and originating in the Republics and  territory referred to in this Regulation, customs duties on imports into the Community shall be  reduced to the levels indicated in the said Annex for each product. 2. In the case of products for which annual Community tariff quotas are indicated in Annex D, these  reduced levels shall be granted within the limits of the quotas. For quantities imported exceeding the quota, the Community shall apply the customs duties actually  applied in respect of third countries. 3. With a view to the reduction of the customs duties in respect of certain products listed in  Annex D and originating in the Republics and territory referred to in this Regulation, the annual  reference quantity is set out in the said Annex. 4. For tobacco of the 'Prilep` type falling within CN codes ex 2401 10 60 and ex 2401 20 60  originating in and coming from the Republics and territory concerned, paragraphs 1 and 2 shall  apply within the limits of an annual Community tariff quota of 1 500 tonnes. 5. For plum spirit marketed under the name of 'Sljivovica` falling within CN code ex 2208 90 33,  paragraphs 1 and 2 shall apply within the limits of an annual quota of 5 420 hl. 6. For sweet cherries, clear fleshed, preserved in alcohol and intended for the manufacture of  chocolate products, falling within CN code ex 2008 60 39, originating in the Republics and  territory concerned, paragraphs 1 and 2 shall apply within the limits of an annual tariff quota of  3 000 tonnes. Article 51. For sour cherries falling within CN codes 0809 20 20, 0809 20 60, ex 0811 90 10, ex  0811 90 30, 0811 90 75, 0812 10 00, 2008 60 51, 2008 60 61, 2008 60 71 or 2008 60 91 originating in  the Republics concerned, the customs duties payable shall be those referred to in Annex D. 2. Paragraph 1 shall apply within the limits of a ceiling of 3 000 tonnes to sour cherries falling  within CN codes 0809 20 20 and 0809 20 60 and of 19 900 tonnes to sour cherries falling within the  other CN codes referred to therein. Where these ceilings are exceeded, the issuing of the import  certificates provided for in respect of the products concerned may be suspended. Paragraph 1 shall apply to sour cherries falling within CN codes ex 0811 90 10, ex 0811 90 30, 0811  90 75, 2008 60 51, 2008 60 61, 2008 60 71 or 2008 60 91 on condition that the minimum import price  set by the Community is applied. Where the minimum price is not applied, a countervailing charge  shall be payable. Article 61. For wines of fresh grapes falling withing CN codes ex 2204 21 or 2204 29 originating  in the Republics concerned, import duties shall be reduced to the levels set out in Annex D. This  provision shall apply within the limit of an annual Community tariff quota of 545 000 hl. For  quantities imported in excess of the quota, the Community shall apply the duty laid down in the  common customs tariff. 2. Paragraph 1 shall apply on condition that the import price of the wines imported into the  Community and originating in the Republics coincerned, increased by the customs duties actually  collected, is at all times at least equal to the Community reference prices. Article 7The following provisions shall apply to 'baby-beef` products defined in Annex E: 1. Within the limits of a first annual Community quota of 25 000 tonnes, the amount of levy  collected on imports into the Community shall be equivalent to 20  % of the basic levy. This  provision shall apply on condition that the free-at-frontier offer price, increased by customs duty  and the reduced levy, is equal to or higher than the Community intervention price for the category  AU 3 increased by 5  %. 2. Within the limits of a second annual Community quota of 25 400 tonnes, to be used after the  quota referred to in paragraph 1 is used up, the amount of levy collected on imports into the  Community shall be equivalent to 50  % of the basic levy. This provision shall apply on condition  that the free-at-frontier offer price, increased by customs duty and the reduced levy, is equal to  or higher than the price resulting from application of the standard levy. 3. To help stabilize the Community's internal market, the Commission shall ensure that each  Republic concerned maintains an appropriate delivery rate and shall adopt any measures required to  ensure the orderly growth of its exports to the Community, in particular through effective controls  on each consignment by means of a certificate stating that the goods originate in and come from the  Republic concerned and correspond exactly to the definition in Annex E. The text of this  certificate shall be drawn up by the Community. 4. Where the Community market price is less than 98  % of the guide price, paragraphs 1 and 2 shall  apply within the limit of a volume of 4 200 tonnes per month. Where, during a certain month, this  volume has not been entirely used up, the remaining quantity may only be carried over to the  following month. 5. The Commission shall ensure that each Republic concerned transmits any relevant information  concerning export prices together with the quantities and presentation of the products exported  (livestock, carcases or quarters) to the Community authorities. Article 8The Kingdom of Spain and the Portuguese Republic shall apply, mutatis mutandis, customs  duties calculated in accordance with Regulation (EEC) N° 4150/87 (1). Article 9The ceilings, reference quantities and quotas provided for in this Regulation shall  apply as a whole to all the Republics to which this Regulation refers. Article 10The detailed rules for implementing the agricultural provisions referred to in this  Regulation shall be determined by the Commission. The rules of origin shall be adopted in accordance with the procedure laid down in Article 14 of  Council Regulation (EEC) N° 802/68 of 27 June 1968 on the common definition of the concept of the  origin of goods (2). Article 11This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities. It shall be applicable from 1 January to 31 December 1993. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 21 December 1992. For the CouncilThe PresidentD. HURD(1) OJ N° L 63, 7. 3. 1992, p. 1. (2) OJ N° L 151, 3. 6. 1992, p. 7. (3) OJ N° L 315, 15. 11. 1991, p. 3. Regulation as amended by Regulation (EEC) N° 52/92 (OJ N° L 6,  11. 1. 1992, p. 1). (1) OJ N° L 389, 31. 12. 1987, p. 1. (2) OJ N° L 54, 28. 2. 1991, p. 4. Regulation as last amended by Regulation (EEC) N° 546/91 (OJ N°  L 54, 28. 2. 1991, p. 4).  ANNEX A  >TABLE> ANNEX B  >TABLE> ANNEX C I (a) (b) >TABLE> ANNEX C II (a) (b) >TABLE> ANNEX C III   >TABLE> ANNEX C IV (a) (b) >TABLE> ANNEX CV  >TABLE> ANNEX D  >TABLE> ANNEX E  >TABLE>