CELEX: 51998PC0729
Language: en
Date: 1998-12-10
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia and Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 10.12.1998
                                                  COM(1998) 729 final
                                                  98/0337 (ACC)
                                   Proposal for a
                         COUNCIL REGULATION (EC)
amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports
     into the Community of products originating in the Republics of Bosnia and
 Herzegovina and Croatia and to imports of wine originating in the former Yugoslav
                Republic of Macedonia and the Republic of Slovenia
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
Council Regulation (EC) No 70/97 concerning the arrangements applicable to imports into
the Community of products originating in the Republics of Bosnia and Herzegovina and
Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia
and the Republic of Slovenia, expires on 31 December 1998.
Regulation (EC) No 70/97, as last amended by Regulation (EC) No 2636/97, contains the
autonomous preferential measures applicable to imports into the Community of products
originating in the Republics of Bosnia and Herzegovina and Croatia, countries formerly part
of Yugoslavia with which no bilateral agreements have yet entered into force. Furthermore,
as the agreement on 'wines and spirits' envisaged by the Europe Agreement between the
European Community and the Republic of Slovenia and by the Cooperation Agreement
between the European Community and the former Yugoslav Republic of Macedonia have yet
to be concluded, Regulation 70/97 also grants autonomous and transitional concessions for
imports of wines originating in Slovenia and the former Yugoslav Republic of Macedonia.
Awaiting the eventual replacement of these arrangements by provisions contained in bilateral
 agreements, Regulation 70/97 should be maintained. The aim of the attached proposal for a
 Council Regulation (EC) amending Regulation 7Ô/97 is:
- the extension of Regulation 70/97 to 1999 for products originating in the Republics of
    Bosnia and Herzegovina and Croatia and to imports of wine originating in the former
    Yugoslav Republic of Macedonia and the Republic of Slovenia,
-    the technical adjustments necessary following the amendments to the combined
    nomenclature and to the Taric subdivisions,
-    the annual increase by 5 % of the amounts of the tariff ceilings for industrial products.
 The Commission recommends the attached proposal for a Council Regulation (EC) for
 adoption to the Council.
                                                %
 ---pagebreak---                                             Proposal for a
                                  COUNCIL REGULATION (EC)
  amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports into
    the Community of products originating in the Republics of Bosnia and Herzegovina and
 Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and
                                       the Republic of Slovenia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113
thereof,
Having regard to the Proposal from the Commission1,
Whereas Council Regulation (EC) No 70/97 of 20 December 1996 concerning the arrangements
applicable to imports into the Community of products originating in the Republics of Bosnia and
Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of
Macedonia and the Republic of Slovenia2, as last amended by Council Regulation (EC) No 2636/973,
expires on 31 December 1998;
Whereas these arrangements will eventually have to be replaced by provisions contained in bilateral
agreements to be negotiated with the countries in question; whereas in the meantime the arrangements
granted by Regulation (EC) No 70/97 should be maintained; whereas the amounts of the tariff
ceilings for industrial products should be increased annually by 5 % as provided for in Article 4(1) of
Regulation (EC) No 70/97; whereas following the amendments to the combined nomenclature and to
the Taric subdivisions, Regulation (EC) No 70/97 should be amended accordingly;
 Whereas Commission Regulation (EC) No 12/97 of 18 December 19964, has amended Title IV,
 Chapter 2, of Regulation (EEC) No 2454/93 laying down provisions for the implementation of
 Council Regulation (EEC) No 2913/92 establishing the Community Customs Code5; Whereas Article
 1 (3) of Regulation (EC) No 70/97 should therefore be amended accordingly;
 Whereas in order to avoid damage to the Community industry for cucumbers, it is necessary,to grant
the concession for these products in the framework of a tariff quota instead of a reference quantity;
 Whereas in accordance with the conclusions of the Council of 29 April 1997, the development of
bilateral relations between the European Union and the successor republics of the former Yugoslavia,
other than Slovenia, is subject to certain conditions; whereas the renewal 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 allow the development of economic relations between
themselves; whereas it is, therefore, appropriate to monitor the compliance by Bosnia and
Herzegovina, Croatia and the Federal Republic of Yugoslavia with these conditions;
Whereas there has been some progress in Bosnia and Herzegovina and Croatia in strengthening
democracy and human rights and in developing relations with their neighbours; whereas it is therefore
appropriate to continue the inclusion of these countries in the autonomous trade regime for 1999;
2
     OJL 16, 18.1.1997, p. 1.
3
     OJL 356, 31.12.1997, p. 16.
4
     OJ L 9, 13.1.1997, p. 1.
5
     OJ L 253, 11.10.1993, p. 1.
                                                     3
 ---pagebreak--- Whereas at the time of the extension of the autonomous trade preferences to the Federal Republic of
Yugoslavia on 29 April 1997, the Council issued a declaration setting out its expectations in terms of
démocratisation, in particular the full and speedy implementation of the "Gonzalez" report; whereas it
also noted that in the absence of progress towards meeting these criteria, the decision granting
autonomous trade preferences would be reviewed; whereas no significant progress has been made
with.regard to the relevant conditions, it is not appropriate at this time to include the Federal Republic
of Yugoslavia in the autonomous trade regime for 1999, without prejudice to the possibility of
including the Federal Republic of Yugoslavia at a later stage should conditions so permit,
HAS ADOPTED THIS REGULATION:
                                                     Article 1
Regulation (EC) No 70/97 is hereby amended as follows:
1.   In Article 1 (3), 'section 3 of Commission Regulation (EEC) No 2454/93', shall be replaced by
     'section 2 of Commission Regulation (EEC) No 2454/93'.
2.   The second paragraph of Article 14 shall be replaced by the following:
         'It shall apply from 1 January 1997 to 31 December 1999.'
3.   The amounts given for the tariff ceilings listed in column 4 in Annexes C I, C II, C III and C IV
     shall be replaced for 1999 by the amounts given in the Annex to this Regulation.
4.   The following amendments shall be made to the CN codes and the descriptions of products and
     footnotes:
     (a) In Annex C I for order No 01.0050, the following shall be deleted:
                             - Cellular:
           3921 19           - - O f other plastics:
           3921 19 90        - - - Other
     (b) In Annex C I for order No 01.0220,
       (1)
           8502 13 99     I          Of an output exceeding 750 kVA
         shall be replaced by:
           8502 13 93      I         Of an output exceeding 750 kVA but not exceeding 2 000
                                       kVA
           8502 13 98                Of an output exceeding 2 000 kVA                         ~
       (2)
           8502 20 99      I - - - Of an output exceeding 7,5 kVA
         shall be replaced by:
           8502 20 92      I - - - Of an output exceeding 7,5 kVA but not exceeding 375 kVA
           8502 20 94        - - - Of an output exceeding 375 kVA but not exceeding 750 kVA
           8502 20 98        - - - Of an output exceeding 750 kVA
 ---pagebreak---    (c) At the end of Annex C I, footnote (1), shall be replaced by the following:
       '(1) Entry under this subheading is subject to conditions laid down in the relevant
            Community provisions.'
   (d) In Annex C II for order No 03.0010,
     (1)CN code 2710 00 85 and its description, as well as footnote (1) at the end of the Annex,
         shall be deleted;
     (2)CN code 2710 00 98 shall be replaced by CN code 2710 00 97.
5. In Annex C V, Taric subdivisions,
   (a) the following shall be inserted:
           06.0030       ex    7213 9170        11
                                                15
                                                19
                         ex    7213 99 90       11
                                                19
                         ex    7214 9190        10
   (b) for order No 06.0070, the Taric subdivisions for ex 7213 91 70 shall be read '91 and 95', and
         the following shall be inserted:
                ex     7213 91 90         10
                ex     7213 99 90         91
                ex     7214 9190          90
6.     In Annex D,
    (a) the tariff concession in the framework of a reference quantity for cucumbers falling within
         CN code ex 2001 10 00, shall be deleted;
    (b) in column 4, for the tariff concession for sauerkraut (mentioned twice), the following text
         shall be inserted after the words 'reference quantity': 'with order No 18.0550'.
7. In Annex E,
    (a)          the following shall be inserted:
      09.1513         ex    2001 10 00       Cucumbers, prepared or 2 000              Free
                                             preserved by vinegar or tonnes
                                             acetic acid, from 1 January to
                                             31 December
    (b)          at the end of this Annex,
          (1)    the Taric subdivision '40' for order No 09.1507, CN code ex 0703 20 00, shall
                 be deleted;
          (2)    the following shall be inserted:
            09.1513         ex 2001 10 00         11
                                                  19
                                                       i"
 ---pagebreak---                                                 Article 2
 Phis Regulation shall enter into force on the day following its publication in the Official Journal of
the European Community.
It shall apply from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done in Brussels on
By the Council
The President
                                                       £
 ---pagebreak---                                      ANNEX
Order No               Ceiling (tonnes)
            Annex C I
  01.00101                       6 045
  01.0020                       53 083
  01.0030                       79 051
  01.0040                        1 861
  01.0050                        1 164
  01.0060                        5 273
  01.0080                          610
  01.0090                      168 647
  01.0100                       22 838
  01.0110                          756
  01.0120                          899
  01.0130                          374
  01.0140                        9 083
  01.0150                        2 812
  01.0160                       14 766
  01.0167                        5 101
  01.0170                        1424
  01.0190                        1412
  01.0200                        4 944
  01.0220                        6 123
  01.0230                        3 279
  01.0240                        3 928
  01.0250                          641
  01.0270                        1214
  01.0280                        9 359
  01.0290]                       8 351
           Annex C II
  03.00101                   1058 400
           Annex C HI
  04.00301                       4 680
  04.0040                        1 744
  04.0050                        1338
  04.00901                       1 619
           Annex C I V
  06.00101                      41 525
  06.0020                       40 994
  06.0030                       39 724
  06.0040                        5 664
  06.0050                        7 964
  06.0060                       49 409
  06.00701                      39 579
                                        *
 ---pagebreak---                               FINANCIAL STATEMENT
1.  Budget heading involved : Chapter 12, Article 120.
2*  Legal Basis :     Article 113 of the Treaty.
3.  Title of the measure :
    Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 70/97
    concerning the arrangements applicable to imports into the Community of products
    originating in the Republics of Bosnia and Herzegovina and Croatia and to imports of
    wine originating in the former Yugoslav Republic of Macedonia and the Republic of
    Slovenia.
4.  Objective :
    The extension to 1999 of the autonomous preferential trade regime applicable to
    imports into the Community of products originating in the Republics of Bosnia and
    Herzegovina and Croatia and to imports of wine originating in the former Yugoslav
    Republic of Macedonia and the Republic of Slovenia.
 5. Financial repercussions :
    This Regulation does not entail any financial losses or gains, other than those foreseen
    for the application of the current arrangements under Regulation 70/97 of 20 December
     1996.
 6. Fight against fraud :
    Provisions on the management of tariff quotas and tariff ceilings include the measures
    necessary for preventing and protecting against fraud and irregularities.
                                                 t>
 ---pagebreak---                                                                  ISSN 0254-1475
                                                           COM(98) 729 final
                                              DOCUMENTS
EN                                                           11 09 02 03
                                    Catalogue number : CB-CO-98-733-EN-C
Office for Official Publications of the European Communities
L-2985 Luxembourg
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