Commission Regulation (EC) No 2497/2001

Contents

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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^note, and in particular Articles 4 and 5 thereof,Whereas:

(1)The Council is in the process of concluding a 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, hereinafter referred to as ‘the Stabilisation and Association Agreement’.

(2)Pending the completion of the procedure necessary for the ratification and entry into force of the Stabilisation and Association Agreement, the Council is also in the process of concluding an Interim Agreement between the European Community, of the one part, and the Republic of Croatia, of the other part, covering trade and trade-related matters, hereinafter referred to as ‘the Interim Agreement’, which will be applied as of 1 January 2002.

(3)The Interim Agreement and the Stabilisation and Association Agreement stipulate that certain fish and fishery products originating in Croatia may be imported into the Community, within the limits of Community tariff quotas, at a reduced or a zero-rate of customs duty.

(4)The tariff quotas provided for in the Interim Agreement and in the Stabilisation and Association Agreement are annual and are repeated for an indeterminate period. The Commission should adopt the implementing measures for the opening and the administration of the Community tariff quotas.

(5)Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code^note, as last amended by Regulation (EC) No 993/2001^note, has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations.

(6)Particular care should be taken to ensure that all Community importers have equal and continuous access to the tariff quotas and that the rates laid down for the quotas are applied uninterruptedly to all imports of the products in question into all Member States until the quotas are exhausted. In order to ensure the efficiency of a common administration of these quotas, there is no obstacle to authorising the Member States to draw from the quota volumes the necessary quantities corresponding to actual imports. However, this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly. For reasons of speed and efficiency, communication between the Member States and the Commission should, as far as possible, take place by telematic link.

(7)This Regulation should be applied upon the entry into force or the date of provisional application of the Interim Agreement and should remain in application upon the entry into force of the Stabilisation and Association Agreement.

(8)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1 #

1.When products originating in Croatia and listed in the Annex are put into free circulation in the Community, accompanied by a proof of origin as provided for in the Origin Protocol to the Interim Agreement and to the Stabilisation and Association Agreement, they shall benefit from a reduced or a zero-rate of customs duty, at the levels and within the limits of the annual Community tariff quotas specified in that Annex.

2.The tariff quotas referred to in this Article shall be administered by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

3.Each Member State shall ensure that importers of the products in question have equal and uninterrupted access to the tariff quotas for as long as the balance of the relevant quota volume so permits.

4.Communications referring to the management of tariff quotas between the Member States and the Commission shall be effected, as far as possible, by telematic link.

Article 2 #

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 3 #

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.It shall apply from 1 January 2002, and it shall remain in application upon the entry into force of the Stabilisation and Association Agreement.

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	03019110030191900302111003021120030211800303211003032120030321800304101503041017		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
ex03041019	40
ex030410910304201503042017	10
ex03042019	50
ex03049010	11, 17, 40
ex03051000	10
ex0305309003054945	50
ex03055980	61
ex03056980	61
09.1582	030193000302691103037911		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
ex03041019	30
ex03041091	20
ex03042019	40
ex03049010	16
ex03051000	20
ex03053090	60
ex03054980	30
ex03055980	63
ex03056980	63
09.1583	ex030199900302696103037971	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
ex03041038	80
ex03041098	77
ex03042094	50
ex03049097	82
ex03051000	30
ex03053090	70
ex03054980	40
ex03055980	65
ex03056980	65
09.1584	ex0301999003026994	15, 17, 28^note	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 2004from 1 January to 31 December 2005 and for every year thereafter: 650 tonnes	Exemption
ex03037700	10
ex03041038	85
ex03041098	79
ex03042094	60
ex03049097	84
ex03051000	40
ex03053090	80
ex03054980	50
ex03055980	67
ex03056980	67
09.1585	1604131116041319		Prepared or preserved sardines	from 1 January to 31 December 2004: 180 tonnes	6 %
ex16042050	10, 19
09.1586	1604160016042040		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 tonnesfrom 1 January to 31 December 2005 and for every year thereafter: 1550 tonnes	Exemption

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