Commission Regulation (EC) No 2088/2004

law://eu/reg/2004/2088@2026-11-13

Contents

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^note, 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^note 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^note, and in particular Article 7 thereof,Whereas:

(1)By its Decision 2004/778/EC of 11 October 2004^note 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^note 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^note 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^note.

(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:‘opening and providing for the management of Community tariff quotas for certain wines originating in the Republic of Croatia and in the former Yugoslav Republic of Macedonia’.

2.Article 1 is replaced by the following:‘Article 11.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 3Notwithstanding 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 51.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.

Annex I

Annex II

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

PART I: CROATIA
Order No	CN code	TARIC Sub-division	Description	Annual quota volume(in hl)	Tariff quota duty
09.1588	ex22041019	91, 99	Sparkling wine, other than Champagne or Asti spumante	From 1 January to 31 December 2004: 30000 + 9333,33 increase from 1 May to 31 December 2004For every year thereafter, from 1 January to 31 December: 44000^note	Exemption
ex22041099	91, 99
22042110		Other wine of fresh grapes, in containers holding 2 litres or less
ex22042179	7980
ex22042180	7980
ex22042183^note	107980
ex22042184^note	107980
ex22042194	1030^note
ex22042198	1030^note
ex22042199	10
09.1589	22042910		Other wine of fresh grapes, in containers holding more than 2 litres	From 1 January to 31 December 2004: 15000 + 9333,33 increase from 1 May to 31 December 2004For every year thereafter, from 1 January to 31 December: 29000	Exemption
22042965
ex22042975	10
22042983
ex22042984	1030^note
ex22042994	1030^note
ex22042998	1030^note
ex22042999	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	ex22041019	91, 99	Sparkling wine, other than Champagne or Asti spumante	From 1 January to 31 December 2004: 27000 + 1333,33 increase from 1 May to 31 December 2004For every year thereafter, from 1 January to 31 December: 37000^note	Exemption
ex22041099	91, 99
22042110		Other wine of fresh grapes, in containers holding 2 litres or less
ex22042179	7980
ex22042180	7980
ex22042183^note	107980
ex22042184^note	107980
ex22042194	1030^note
ex22042198	1030^note
ex22042199	10
09.1559	22042910		Other wine of fresh grapes, in containers holding more than 2 litres	From 1 January to 31 December 2004: 273000 + 59666,66 increase from 1 May to 31 December 2004For every year thereafter, from 1 January to 31 December: 354500^note	Exemption
22042965
ex22042975	10
22042983
ex22042984	1030^note
ex22042994	1030^note
ex22042998	1030^note
ex22042999	10

Commission Regulation (EC) No 2088/2004

Commission Regulation (EC) No 2088/2004

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Annex I

Annex II

Key facts

Connections

History · 1 version

Article 1 #

Article 2 #

Article 3 #

Article 4 #

Annex I

Annex II