CELEX: 32013R0286
Language: en
Date: 2013-03-22 00:00:00
Title: Commission Implementing Regulation (EU) No 286/2013 of 22 March 2013 on transitional measures to be adopted in respect of trade in agricultural products on the occasion of the accession of Croatia

26.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 86/7
            
         COMMISSION IMPLEMENTING REGULATION (EU) No 286/2013
   of 22 March 2013
   on transitional measures to be adopted in respect of trade in agricultural products on the occasion of the accession of Croatia
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 41 thereof,
   Whereas:
   
               (1)
            
            
               Transitional measures should be adopted in order to avoid the risk of deflection of trade, affecting the common organisation of agricultural markets due to the accession of Croatia to the European Union on 1 July 2013.
            
         
               (2)
            
            
               Trade deflections liable to disrupt the market organisations often involve products moved artificially with a view to benefit from enlargement of the Union and do not form part of the normal stocks of the acceding State concerned. Accumulation of such surplus quantities can also give rise to distortion of competition likely to affect the proper functioning of the common organisation of the markets. Surplus stocks may also result from national production. Provisions should, therefore, be made for effective, proportionate, and deterrent charges at the amount of the difference between import duties applicable in Croatia before accession and the import duties applicable in the Union increased with 20 %, to be levied on surplus stocks in Croatia.
            
         
               (3)
            
            
               It is necessary to prevent goods in respect of which export refunds were paid before 1 July 2013 from benefiting from a second export refund when exported to third countries after 30 June 2013.
            
         
               (4)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Scope
   This Regulation shall apply to products set out in the Annex.
   Article 2
   Definitions
   For the purposes of this Regulation ‘products’ means agricultural products and/or goods not included in Annex I to the Treaty on the Functioning of the European Union.
   Article 3
   Charges on holders of products in free circulation
   1.   Without prejudice to Section 3(a) of Annex IV to the Act of Accession, and where stricter legislation does not apply at national level, Croatia shall levy charges on holders of surplus stocks at 1 July 2013 of products in free circulation.
   2.   In order to determine the surplus stock of each holder, Croatia shall take into account:
   
               (a)
            
            
               averages of stocks available in the period from 1 July 2010 to 30 June 2013;
            
         
               (b)
            
            
               the pattern of trade in the period from 1 July 2010 to 30 June 2013;
            
         
               (c)
            
            
               the circumstances in which stocks were built up.
            
         The notion ‘surplus stocks’ applies to products imported into or originating from Croatia and to such products outside the customs territory of Croatia but intended for the market in Croatia.
   The recording of the stocks shall be performed on the basis of the Combined Nomenclature applicable on 1 July 2013.
   3.   The amount of the charge referred to in paragraph 1 shall, for each product concerned, be equal to the amount by which the import duty applicable in the Union in accordance with Annex I to Council Regulation (EEC) No 2658/87 (1), including any applicable additional duty on 30 June 2013, exceeds the import duty applicable in Croatia on that date, plus 20 % of that amount. The revenue of the charge collected by national authorities shall be assigned to the national budget of Croatia.
   4.   Croatia shall, without delay, carry out an inventory of stocks available as on 1 July 2013. To this end, it shall use a system for identifying holders of surplus stocks based on a risk analysis taking account of the following criteria:
   
               (a)
            
            
               type of activity of the holder;
            
         
               (b)
            
            
               capacity of storage facilities;
            
         
               (c)
            
            
               level of activity.
            
         Croatia shall notify the Commission any measures it has implemented prior to its accession, to avoid any speculative stock-piling due to the accession, in particular to monitor and track down import flows for products with high risk of stock-piling, by 1 July 2013.
   Croatia shall notify the Commission of the quantity of products in surplus stocks, except of those quantities in public stocks as referred to in Article 4, by 31 March 2014.
   5.   Where a CN code covers products for which the import duty referred to in paragraph 3 is not the same, the inventory of stocks as referred to in paragraph 4 shall be made for each product or group of products subject to a different import duty.
   Article 4
   Census of public stocks
   By 1 October 2013 at the latest, Croatia shall communicate the list and the quantities of goods which are in its public stocks as referred to in Section 3 of Annex IV to the Act of Accession.
   Article 5
   National security stocks
   The stocks as referred to in Article 3(4) and Article 4 shall not include national security stocks which may possibly have been constituted by Croatia. Croatia shall inform the Commission of all changes made to national security stocks together with the conditions governing the changes for the purposes of establishing the Union supply balance.
   Article 6
   Measures in the event of non-payment of charges
   If any Member State suspects that the charges provided for in Article 3 have not been paid in respect of a product, it shall inform Croatia so as to enable it to take appropriate measures.
   Article 7
   Proof of non-payment of refunds
   Products for which the declaration of export to third countries is accepted by Croatia during the period from 1 July 2013 to 30 June 2014 may qualify for an export refund if such refund has been fixed in accordance with Article 164 of Council Regulation (EC) No 1234/2007 (2) provided that it is established that no export refund has already been paid in respect of those products or their constituents.
   Article 8
   No double payment of market support measures
   Any product for which an export refund has been paid shall not be eligible for any intervention measure or aid as laid down in Article 3 of Council Regulation (EC) No 1290/2005 (3).
   Article 9
   Entry into force and applicability
   This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Croatia.
   It shall apply until 30 June 2015.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 March 2013.
      
         
            For the Commission
         
         
            The President
         
         José Manuel BARROSO
      
   
   
      (1)  OJ L 256, 7.9.1987, p. 1.
   
      (2)  OJ L 299, 16.11.2007, p. 1.
   
      (3)  OJ L 209, 11.8.2005, p. 1.
   
      ANNEX
      
         LIST OF PRODUCTS REFERRED TO IN ARTICLE 1
      
      
                  CN code
               
               
                  Description
               
            
                  0201
               
               
                  Meat of bovine animals, fresh or chilled
               
            
                  0202
               
               
                  Meat of bovine animals, frozen
               
            
                  0203 21
               
               
                  Meat of swine, fresh, chilled or frozen:
               
            
                  – Frozen:
               
            
                  – – Carcases and half-carcases
               
            
                  0203 22
               
               
                  – – Hams, shoulders and cuts thereof, with bone in
               
            
                  0203 29
               
               
                  – – Other
               
            
                  0204
               
               
                  Meat of sheep or goats, fresh, chilled or frozen
               
            
                  0206 10
               
               
                  Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen:
               
            
                  – Of bovine animals, fresh or chilled
               
            
                  0206 29
               
               
                  – – Other
               
            
                  0207 12
               
               
                  Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen
               
            
                  – Of fowls of the species Gallus domesticus
                  
               
            
                  – – Not cut in pieces, frozen
               
            
                  0207 14
               
               
                  – – Cuts and offal, frozen
               
            
                  0207 25
               
               
                  – Of turkeys
               
            
                  – – Not cut in pieces, frozen
               
            
                  0207 27
               
               
                  – – Cuts and offal, frozen
               
            
                  0210
               
               
                  Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal
               
            
                  0402 10
               
               
                  Milk and cream, concentrated or containing added sugar or other sweetening matter:
               
            
                  – In powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5 %
               
            
                  0402 21
               
               
                  – In powder, granules or other solid forms, of a fat content, by weight, exceeding 1,5 %;
               
            
                  – – Not containing added sugar or other sweetening matter
               
            
                  0402 29
               
               
                  – – Other
               
            
                  0405
               
               
                  Butter and other fats and oils derived from milk; dairy spreads
               
            
                  0406
               
               
                  Cheese and curd
               
            
                  0703 20 00
               
               
                  Garlic, fresh or chilled
               
            
                  0711 51 00
               
               
                  Mushrooms of the genus Agaricus, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption
               
            
                  0811 10 11
               
               
                  Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing sugar or other sweetening matter,
               
            
                  – – containing added sugar or other sweetening matter
               
            
                  – – – with a sugar content exceeding 13 % by weight
               
            
                  0811 10 19
               
               
                  Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing sugar or other sweetening matter,
               
            
                  – – containing added sugar or other sweetening matter
               
            
                  – – – other, with a sugar content not exceeding 13 % by weight
               
            
                  0811 10 90
               
               
                  Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing sugar or other sweetening matter,
               
            
                  – other than containing added sugar or other sweetening matter
               
            
                  1001
               
               
                  Wheat and meslin
               
            
                  1002
               
               
                  Rye
               
            
                  1003
               
               
                  Barley
               
            
                  1004
               
               
                  Oats
               
            
                  1005
               
               
                  Maize (corn)
               
            
                  1006 10
               
               
                  Rice in the husk (paddy or rough)
               
            
                  1006 20
               
               
                  Husked (brown) rice
               
            
                  1006 30
               
               
                  Semi-milled or wholly milled rice, whether or not polished or glazed
               
            
                  1006 40 00
               
               
                  Broken rice
               
            
                  1007
               
               
                  Grain sorghum
               
            
                  1008
               
               
                  Buckwheat, millet and canary seed; other cereals
               
            
                  1101 00
               
               
                  Wheat or meslin flour
               
            
                  1102
               
               
                  Cereal flours other than of wheat or meslin
               
            
                  1103
               
               
                  Cereal groats, meal and pellets
               
            
                  1104
               
               
                  Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006; germ of cereals, whole, rolled, flaked or ground
               
            
                  1107
               
               
                  Malt, whether or not roasted
               
            
                  1108
               
               
                  Starches; inulin
               
            
                  1109 00 00
               
               
                  Wheat gluten, whether or not dried
               
            
                  1602
               
               
                  Other prepared or preserved meat, meat offal or blood
               
            
                  2003 10
               
               
                  Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid
               
            
                  2008 30 55
               
               
                  Citrus fruit, otherwise prepared or preserved, not containing added spirit but containing added sugar, in immediate packings of a net content exceeding 1 kg:
               
            
                  – – – – Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids
               
            
                  2008 30 75
               
               
                  Citrus fruit, otherwise prepared or preserved, not containing added spirit but containing added sugar, in immediate packings of a net content not exceeding 1 kg:
               
            
                  – – – – Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids
               
            
                  Ex20083090
               
               
                  Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids
               
            
                  – – – Not containing added sugar
               
            
                  2008 70 92
               
               
                  Peaches, including nectarines;
               
            
                  – – – Not containing added spirit and sugar, in immediate packings of a net content of 5 kg or more
               
            
                  2204 30
               
               
                  – Other grape must
               
            
                  2207
               
               
                  – Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength
               
            
                  2208 90 91
               
               
                  – – Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol, in containers holding:
               
            
                  – – – 2 litres or less
               
            
                  2208 90 99
               
               
                  – – – More than 2 litres