CELEX: 32004R2088
Language: en
Date: 2004-12-07 00:00:00
Title: Commission Regulation (EC) No 2088/2004 of 7 December 2004 amending Regulation (EC) No 2497/2001 and Commission (EC) No 2597/2001 as regards tariff quotas for certain fish and fishery products originating in Croatia and for certain wines originating in Croatia, the former Yugoslav Republic of Macedonia and Slovenia

8.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 361/3
            
         
      COMMISSION REGULATION (EC) No 2088/2004
   of 7 December 2004
   amending Regulation (EC) No 2497/2001 and Commission (EC) No 2597/2001 as regards tariff quotas for certain fish and fishery products originating in Croatia and for certain wines originating in Croatia, the former Yugoslav Republic of Macedonia and Slovenia
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (1), and in particular Article 57(2) thereof,
   Having regard to Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement between the European Community and the Republic of Croatia (2) and in particular Article 7 thereof,
   Having regard to Council Regulation (EC) No 153/2002 of 21 January 2002 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, and for applying the Interim Agreement between the European Community and the former Yugoslav Republic of Macedonia (3), and in particular Article 7 thereof,
   Whereas:
   
               (1)
            
            
               By its Decision 2004/778/EC of 11 October 2004 (4) the Council has concluded a Protocol to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, hereinafter ‘the enlargement Protocol’. The enlargement Protocol applies on a provisional basis with effect from 1 May 2004.
            
         
               (2)
            
            
               By its Decision of 22 November 2004 (5) the Council has authorised for the signing and has provided for the provisional application from 1 May 2004 of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, hereinafter ‘the enlargement Protocol’.
            
         
               (3)
            
            
               Both enlargement protocols provide for new tariff quotas and for changes to the existing tariff quotas laid down in Commission Regulation (EC) No 2497/2001 of 19 December 2001 opening and providing for the administration of Community tariff quotas for certain fish and fishery products originating in the Republic of Croatia (6) and in Commission Regulation (EC) No 2597/2001 of 28 December 2001 opening and providing for the administration of Community tariff quotas for certain wines originating in the Republic of Croatia, in the former Yugoslav Republic of Macedonia and in the Republic of Slovenia (7).
            
         
               (4)
            
            
               To implement the new tariff quotas and the changes to existing tariff quotas provided in the enlargement protocols, it is necessary to amend Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001.
            
         
               (5)
            
            
               For the year 2004 the volumes of the new tariff quotas and the increases of the volumes of existing tariff quotas should be calculated as a pro rata of the basic volumes specified in the enlargement protocols, taking into account the part of the period elapsed before 1 May 2004.
            
         
               (6)
            
            
               In order to facilitate the management of certain existing tariff quotas provided for in Regulation (EC) No 2497/2001 and in Regulation (EC) No 2597/2001, the quantities imported within the framework of those quotas should be taken into account for charging on the tariff quotas opened in accordance with Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001, as amended by this Regulation.
            
         
               (7)
            
            
               After the accession of Slovenia to the European Union, the tariff quotas for wines originating in that Member State as provided for in Regulation (EC) No 2597/2001 should lapse. The references to those quotas should therefore be deleted.
            
         
               (8)
            
            
               Since the enlargement protocols apply from 1 May 2004, this Regulation should apply from the same date and should enter into force as soon as possible.
            
         
               (9)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EC) No 2497/2001 is replaced by Annex I to this Regulation.
   Article 2
   Regulation (EC) No 2597/2001 is amended as follows:
   
               1.
            
            
               The title is replaced by the following:
            
         
               2.
            
            
               Article 1 is replaced by the following:
               ‘Article 1
               1.   When wines, listed in the Annex, originating in the Republic of Croatia or in the former Yugoslav Republic of Macedonia are put into free circulation in the Community, they shall benefit from an exemption of customs duty, within the limits of the annual Community tariff quotas specified in this Annex and in accordance with the provisions set out in this Regulation.
               2.   If any of the countries concerned pay export subsidies in respect of the relevant products, exemption from customs duty within the tariff quotas provided for in the additional protocols concluded by Decisions 2001/919/EC, 2001/918/EC and 2001/916/EC (hereinafter additional protocols on wine) shall be suspended in the case of that country.’
            
         
               3.
            
            
               Article 3 is replaced by the following:
               ‘Article 3
               Notwithstanding the conditions laid down in point Annex I(5)(a) of to each of the additional protocols on wine, imports of wine within the Community tariff quotas referred to in Article 1(1) shall be subject to the provisions laid down in the applicable protocols on the definition of the concept of originating products and methods of administrative cooperation,
               
                           —
                        
                        
                           to the Interim Agreement between the European Community and the Republic of Croatia,
                        
                     
                           —
                        
                        
                           to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part,
                        
                     
                           —
                        
                        
                           and to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part.’
                        
                     
         
               4.
            
            
               Article 5 is replaced by the following:
               ‘Article 5
               1.   The individual tariff quota for the wines originating in Croatia referred to in Part I of the Annex under order number 09.1588 shall be increased every year.
               2.   The annual increase referred to in paragraph 1 may be applied only if at least 80 % of the respective volume opened within the previous year has been used.
               The Commission shall review the volumes used each year and shall adopt provisions to implement any necessary adjustment of those volumes for Croatia.’
            
         
               5.
            
            
               The Annex is replaced by the text set out in Annex II to this Regulation.
            
         Article 3
   The quantities which, pursuant to Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001, have been put into free circulation in the Community since 1 January 2004, within the tariff quotas with order numbers 09.1581, 09.1582, 09.1583, 09.1584, 09.1585, 09.1586, 09.1588, 09.1589, 09.1558 and 09.1559, shall at the entry into force of this Regulation be taken into account for charging on the respective tariff quotas laid down in the Annex to Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001, as amended by this Regulation.
   Article 4
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 May 2004.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 December 2004.
      
         
            For the Commission
         
         László KOVÁCS
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 236, 23.9.2003, p. 33.
   
      (2)  OJ L 304, 21.11.2001, p. 1. Regulation as amended by Regulation (EC) No 2/2003 (OJ L 1, 4.1.2003, p. 26).
   
      (3)  OJ L 25, 29.1.2002, p. 16. Regulation as amended by Regulation (EC) No 3/2003 (OJ L 1, 4.1.2003, p. 30).
   
      (4)  OJ L 350, 25.11.2004, p. 1.
   
      (5)  Not yet published in the Official Journal.
   
      (6)  OJ L 337, 20.12.2001, p. 27. Regulation as amended by Regulation (EC) No 607/2003 (OJ L 86, 3.4.2003, p. 18).
   
      (7)  OJ L 345, 29.12.2001, p. 35.
   
      ANNEX I
      
         
            ‘ANNEX
            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 as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
            
                        Order No
                     
                     
                        CN code
                     
                     
                        TARIC Sub-division
                     
                     
                        Description
                     
                     
                        Annual tariff quota volume
                        (net weight)
                     
                     
                        Tariff quota duty
                     
                  
                        09.1581
                     
                     
                        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 10 15
                        0304 10 17
                     
                     
                         
                     
                     
                        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
                     
                     
                        30 tonnes
                     
                     
                        Exemption
                     
                  
                        ex 0304 10 19
                     
                     
                        40
                     
                  
                        ex 0304 10 91
                        0304 20 15
                        0304 20 17
                     
                     
                        10
                     
                  
                        ex 0304 20 19
                     
                     
                        50
                     
                  
                        ex 0304 90 10
                     
                     
                        11, 17, 40
                     
                  
                        ex 0305 10 00
                     
                     
                        10
                     
                  
                        ex 0305 30 90
                        0305 49 45
                     
                     
                        50
                     
                  
                        ex 0305 59 80
                     
                     
                        61
                     
                  
                        ex 0305 69 80
                     
                     
                        61
                     
                  
                        09.1582
                     
                     
                        0301 93 00
                        0302 69 11
                        0303 79 11
                     
                     
                         
                     
                     
                        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
                     
                     
                        210 tonnes
                     
                     
                        Exemption
                     
                  
                        ex 0304 10 19
                     
                     
                        30
                     
                  
                        ex 0304 10 91
                     
                     
                        20
                     
                  
                        ex 0304 20 19
                     
                     
                        40
                     
                  
                        ex 0304 90 10
                     
                     
                        16
                     
                  
                        ex 0305 10 00
                     
                     
                        20
                     
                  
                        ex 0305 30 90
                     
                     
                        60
                     
                  
                        ex 0305 49 80
                     
                     
                        30
                     
                  
                        ex 0305 59 80
                     
                     
                        63
                     
                  
                        ex 0305 69 80
                     
                     
                        63
                     
                  
                        09.1583
                     
                     
                        ex 0301 99 90
                        0302 69 61
                        0303 79 71
                     
                     
                        80
                     
                     
                        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
                     
                     
                        35 tonnes
                     
                     
                        Exemption
                     
                  
                        ex 0304 10 38
                     
                     
                        80
                     
                  
                        ex 0304 10 98
                     
                     
                        77
                     
                  
                        ex 0304 20 94
                     
                     
                        50
                     
                  
                        ex 0304 90 97
                     
                     
                        82
                     
                  
                        ex 0305 10 00
                     
                     
                        30
                     
                  
                        ex 0305 30 90
                     
                     
                        70
                     
                  
                        ex 0305 49 80
                     
                     
                        40
                     
                  
                        ex 0305 59 80
                     
                     
                        65
                     
                  
                        ex 0305 69 80
                     
                     
                        65
                     
                  
                        09.1584
                     
                     
                        ex 0301 99 90
                        0302 69 94
                     
                     
                        15, 17, 28 (1)
                        
                     
                     
                        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
                     
                     
                        from 1 January to 31 December 2004: 550 tonnes + 66,66 tonnes increase from 1 May to 31 December 2004
                        from 1 January to 31 December 2005 and for every year thereafter: 650 tonnes
                     
                     
                        Exemption
                     
                  
                        ex 0303 77 00
                     
                     
                        10
                     
                  
                        ex 0304 10 38
                     
                     
                        85
                     
                  
                        ex 0304 10 98
                     
                     
                        79
                     
                  
                        ex 0304 20 94
                     
                     
                        60
                     
                  
                        ex 0304 90 97
                     
                     
                        84
                     
                  
                        ex 0305 10 00
                     
                     
                        40
                     
                  
                        ex 0305 30 90
                     
                     
                        80
                     
                  
                        ex 0305 49 80
                     
                     
                        50
                     
                  
                        ex 0305 59 80
                     
                     
                        67
                     
                  
                        ex 0305 69 80
                     
                     
                        67
                     
                  
                        09.1585
                     
                     
                        1604 13 11
                        1604 13 19
                     
                     
                         
                     
                     
                        Prepared or preserved sardines
                     
                     
                        from 1 January to 31 December 2004: 180 tonnes
                     
                     
                        6 %
                     
                  
                        ex 1604 20 50
                     
                     
                        10, 19
                     
                  
                        09.1586
                     
                     
                        1604 16 00
                        1604 20 40
                     
                     
                         
                     
                     
                        Prepared or preserved anchovies
                     
                     
                        from 1 January to 31 December 2004: 40 tonnes + 6,66 tonnes increase from 1 May to 31 December 2004
                     
                     
                        Exemption
                     
                  
                        09.1587
                     
                     
                        1604
                     
                     
                         
                     
                     
                        Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs
                     
                     
                        from 1 May to 31 December 2004: 860 tonnes
                        from 1 January to 31 December 2005 and for every year thereafter: 1 550 tonnes
                     
                     
                        Exemption
                     
                  
      
      
         (1)  From 1 January 2005 the TARIC subdivisions 15, 17 and 28 will be replaced by 22.’
   
   
      ANNEX II
      
         
            ‘ANNEX
            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 as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
            PART I: CROATIA
            
                        Order No
                     
                     
                        CN code
                     
                     
                        TARIC Sub-division
                     
                     
                        Description
                     
                     
                        Annual quota volume
                        (in hl)
                     
                     
                        Tariff quota duty
                     
                  
                        09.1588
                     
                     
                        ex 2204 10 19
                     
                     
                        91, 99
                     
                     
                        Sparkling wine, other than Champagne or Asti spumante
                     
                     
                        From 1 January to 31 December 2004: 30 000 + 9 333,33 increase from 1 May to 31 December 2004
                        For every year thereafter, from 1 January to 31 December: 44 000 (1)
                        
                     
                     
                        Exemption
                     
                  
                        ex 2204 10 99
                     
                     
                        91, 99
                     
                  
                        2204 21 10
                     
                     
                         
                     
                     
                        Other wine of fresh grapes, in containers holding 2 litres or less
                     
                  
                        ex 2204 21 79
                     
                     
                        79
                        80
                     
                  
                        ex 2204 21 80
                     
                     
                        79
                        80
                     
                  
                        ex 2204 21 83 (2)
                        
                     
                     
                        10
                        79
                        80
                     
                  
                        ex 2204 21 84 (3)
                        
                     
                     
                        10
                        79
                        80
                     
                  
                        ex 2204 21 94
                     
                     
                        10
                        30 (4)
                        
                     
                  
                        ex 2204 21 98
                     
                     
                        10
                        30 (4)
                        
                     
                  
                        ex 2204 21 99
                     
                     
                        10
                     
                  
                        09.1589
                     
                     
                        2204 29 10
                     
                     
                         
                     
                     
                        Other wine of fresh grapes, in containers holding more than 2 litres
                     
                     
                        From 1 January to 31 December 2004: 15 000 + 9 333,33 increase from 1 May to 31 December 2004
                        For every year thereafter, from 1 January to 31 December: 29 000
                     
                     
                        Exemption
                     
                  
                        2204 29 65
                     
                     
                         
                     
                  
                        ex 2204 29 75
                     
                     
                        10
                     
                  
                        2204 29 83
                     
                     
                         
                     
                  
                        ex 2204 29 84
                     
                     
                        10
                        30 (4)
                        
                     
                  
                        ex 2204 29 94
                     
                     
                        10
                        30 (4)
                        
                     
                  
                        ex 2204 29 98
                     
                     
                        10
                        30 (4)
                        
                     
                  
                        ex 2204 29 99
                     
                     
                        10
                     
                  
               
            PART II: FORMER YUGOSLAV REPUBLIC OF MACEDONIA
            
                        Order No
                     
                     
                        CN Code
                     
                     
                        TARIC Sub-division
                     
                     
                        Description
                     
                     
                        Annual quota volume
                        (in hl)
                     
                     
                        Tariff quota duty
                     
                  
                        09.1558
                     
                     
                        ex 2204 10 19
                     
                     
                        91, 99
                     
                     
                        Sparkling wine, other than Champagne or Asti spumante
                     
                     
                        From 1 January to 31 December 2004: 27 000 + 1 333,33 increase from 1 May to 31 December 2004
                        For every year thereafter, from 1 January to 31 December: 37 000 (5)
                        
                     
                     
                        Exemption
                     
                  
                        ex 2204 10 99
                     
                     
                        91, 99
                     
                  
                        2204 21 10
                     
                     
                         
                     
                     
                        Other wine of fresh grapes, in containers holding 2 litres or less
                     
                  
                        ex 2204 21 79
                     
                     
                        79
                        80
                     
                  
                        ex 2204 21 80
                     
                     
                        79
                        80
                     
                  
                        ex 2204 21 83 (6)
                        
                     
                     
                        10
                        79
                        80
                     
                  
                        ex 2204 21 84 (7)
                        
                     
                     
                        10
                        79
                        80
                     
                  
                        ex 2204 21 94
                     
                     
                        10
                        30 (8)
                        
                     
                  
                        ex 2204 21 98
                     
                     
                        10
                        30 (8)
                        
                     
                  
                        ex 2204 21 99
                     
                     
                        10
                     
                  
                        09.1559
                     
                     
                        2204 29 10
                     
                     
                         
                     
                     
                        Other wine of fresh grapes, in containers holding more than 2 litres
                     
                     
                        From 1 January to 31 December 2004: 273 000 + 59 666,66 increase from 1 May to 31 December 2004
                        For every year thereafter, from 1 January to 31 December: 354 500 (9)
                        
                     
                     
                        Exemption
                     
                  
                        2204 29 65
                     
                     
                         
                     
                  
                        ex 2204 29 75
                     
                     
                        10
                     
                  
                        2204 29 83
                     
                     
                         
                     
                  
                        ex 2204 29 84
                     
                     
                        10
                        30 (8)
                        
                     
                  
                        ex 2204 29 94
                     
                     
                        10
                        30 (8)
                        
                     
                  
                        ex 2204 29 98
                     
                     
                        10
                        30 (8)
                        
                     
                  
                        ex 2204 29 99
                     
                     
                        10
                     
                  
      
      
         (1)  This quota volume shall be increased annually by 10 000 hl, subject to at least 80 % of the eligible quantity having been utilised in the previous year. The annual increase shall be applied until the sum of the tariff quotas under order No 09.1588 and 09.1589 reaches a maximum of 98 000 hl.
      
         (2)  From 1 January 2005 the CN code ex 2204 21 83 will change to ex 2204 21 84 and the TARIC subdivisions 10, 79 and 80 will change to 59 and 70.
      
         (3)  From 1 January 2005 the CN code ex 2204 21 84 will change to ex 2204 21 85 and the TARIC subdivisions 10, 79 and 80 will change to 79 and 80.
      
         (4)  From 1 January 2005 the TARIC subdivisions 10 and 30 will change to 20.
      
         (5)  From 1 January 2006, this quota volume shall be increased annually by 6 000 hl.
      
         (6)  From 1 January 2005 the CN code ex 2204 21 83 will change to ex 2204 21 84 and the TARIC subdivisions 10, 79 and 80 will change to 59 and 70.
      
         (7)  From 1 January 2005 the CN code ex 2204 21 84 will change to ex 2204 21 85 and the TARIC subdivisions 10, 79 and 80 will change to 79 and 80.
      
         (8)  From 1 January 2005 the TARIC subdivisions 10 and 30 will change to 20.
      
         (9)  From 1 January 2006, this quota volume shall be reduced annually by 6 000 hl.’