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-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 28. 11. 1997 COM(97) 637 final 97/0331 (ACQ Proposal for a COUNCIL REGULATION TEC) amending Regulation (EC) No 70/97 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia (presented by the Commission) 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-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia, expires on 31 December 1997. Regulation (EC) No 70/97, as last amended by Regulation (EC) 825/97, contains the autonomous preferential measures applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, 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 has yet to be concluded, Regulation 70/97 also grants autonomous and transitional concessions for imports of wines originating in Slovenia Awaiting the eventual replacement of these arrangements by provisions contained in bilateral Furthermore, the Cooperation agreements, Regulation 70/97 should be maintained. Agreement between the European Community and the former Yugoslav Republic of Macedonia now being expected to enter into force on 1 January 1998, the former Yugoslav Republic of Macedonia will, from that date, with the exception of wine, no longer benefit from the autonomous preferential regime under Regulation (EC) No 70/97. The aim of the attached proposal for a Council Regulation (EC) amending Regulation 70/97 is: - - - the extension of Regulation 70/97 to 1998, with the exception of the preferences granted to the FRY, given its non-compliance with political conditionality; the necessary amendments to this autonomous preferential regime following the entry into force of the Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia, the technical adjustments necessary following nomenclature, the amendments to the combined - the annual increase by 5 % of the amounts of the ceilings for industrial products The Commission recommends the attached proposal for a Council Regulation (EC) for adoption to the Council. 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-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in 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 Commission 1, 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-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia^, as last amended by Council Regulation (EC) No 825/97-*, expires on 31 December 1997; Whereas these arrangements will eventually have to be replaced by provisions contained in bilateral agreements to be negotiated with the countries in question; the Council has concluded a Cooperation Agreement between the European Whereas Community and the former Yugoslav Republic of Macedonia^; whereas from the date of entry into force of that Agreement, products originating in the former Yugoslav Republic of Macedonia will, with the exception of wine, no longer benefit from the autonomous preferential regime under Council Regulation No 70/97; Whereas the arrangements for the other beneficiary countries granted by Regulation (EC) No 70/97 should be maintained, with the exception of those for the Federal Republic of Yugoslavia; Whereas the amounts of the tariff ceilings for industrial products should be increased annually by 5 % as provided for in the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia signed on 2 April 1980 and denounced on 25 November 1991, Agreement on which the trade concessions provided for in Regulation (EC) No 70/97 are based; whereas following the amendments to the combined nomenclature, Regulation (EC) No 70/97 should be amended accordingly; 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 1 OJNoL of. 1997, p. 2 OJ No L 16 of 18. 1. 1997, p. 1. 3 OJ No L 119 of 8. 5. 1997, p. 4. 4 OJNoL of 1997, p. 3 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-Herzegovina, Croatia and the Federal Republic of Yugoslavia with these conditions; Whereas there has been some progress in Bosnia-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 1998; 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 autonomus 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 1998, without prejudice to the possibility of including the Federal Republic of Yugoslavia at a later stage should conditions so permit; Whereas Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organisation of the market in products processed from fruit and vegetables^, has been replaced by Council Regulation (EC) No 2201/96 of 28 October 19966, and Article 6 (2) of Regulation (EC) No 70/97 should be amended accordingly, HAS ADOPTED THIS REGULATION: Regulation (EC) No 70/97 is hereby amended as follows: Article 1 1. The title shall be replaced by the following: the "Council Regulation (EC) No 70/97 of 20 December 1996 concerning arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina and Croatia and to imports of wine originating in the former Yugoslav Republic of Macedonia and the Republic of Slovenia"; 2. Article 1 is amended as follows: in paragraph 1, "the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia" shall be deleted; in paragraph 2, "the former Yugoslav Republic of Macedonia and" shall be added before the words "the Republic of Slovenia" 5 OJ No L 49, 27. 2. 1986, p. 1. 6 OJNoL 297, 21. 11. 1996, p. 29. • v 3. Article 6 (2) shall be replaced by the following: "Paragraph 1 shall apply to sour cherries falling within CN codes ex 0811 90 19, ex 0811 90 39, 0811 90 75, ex 0812 10 00 and 2008 60 51, 2008 60 61, 2008 60 71 and 2008 60 91 on condition that the minimum import price set by the Commission pursuant to Article 13 of Council Regulation (EC) No 2201/96 on the common organisation of the market in products processed from fruit and vegetables is observed. Where that minimum price is not observed, a countervailing charge shall be. imposed. " 4. Article 7(1) and (2) shall be replaced by the following: (1) The customs duties applicable to imports into the Community of the products listed in Annex E which originate in the countries referred to in Article 1(1) and wine originating in the countries referred to in Article 1(1) and (2) shall be suspended during the periods, at the levels and within the limits of the Community tariff quotas indicated for each one (2) On import, plum spirit has to be accompanied by the authenticity certificate in conformity with the model appearing at Annex E, issued by the competent authority of the countries concerned. "; 5. In Article 8(2) of Regulation 70/97, the amount of "21 700 tonnes" shall be replaced by "10 900 tonnes". 6. In Article 11 (b) shall be inserted 'and (2)' after 'Article 1 (1)'. 7. The second sentence of Article 14 shall be replaced by the following: "It shall apply from 1 January 1997 to 31 December 1998. ' 8. 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 by the amounts given in the Annex to this Regulation. 9. The following amendments shall be made to the CN codes and the descriptions of products: (a) In Annex C I for order No 01. 0020, 3102 70 - Calcium cyanamide: 3102 70 90 - - Other shall be replaced by: 3102 70 00 - Calcium cyanamide x (b)In Annex C I for order No 01. 0040, Sheets, film or strip, coiled or not, of a tickness of less than 3920 71 11 3920 71 19 0,75 mm: Not printed Printed shall be replaced by: ~ 3920 7110 Sheets, film or strip, coiled or not, of a tickness of less than 0,75 mm (c) In Annex C I for order No 01. 0230, - - Of transformers and inductors: 8504 90 11 ---Ferrite cores 8504 90 19 - - - Other 8504 90 90 - - Of static converters shall be replaced by: - - Of transformers and inductors: 8504 90 05 — Electronic assemblies of machines of subheading 8504 50 30 - - - Other: 8504 90 11 Ferrite cores 8504 90 18 - - - - Other - - Of static converters: 8504 90 91 - - - Electronic assemblies of machines of subheading 8504 40 30 and 8504 40 35 8504 90 99 - - - Other (d)In Annex C IV, on page 36 for order No 06. 0070, the description of CN code 7214 99 90 shall be replaced by the following: '— Containing by weight 0,6 % or more of carbon'. 10. In Annex D, the following amendments shall be made: (a) In the heading of the last column, the words "Federal Republic of Yugoslavia" and "and FYROM" shall be removed; (b)The tariff concession for sour cherries (Prunus cerasus), fresh, shall be replaced by the following: '0809 20 05 Sour cherries (Prunus cerasus), fresh Free (2) 2 500 (ceiling) (3)' (c)The amount of 19 800 tonnes (3 x mentioned) of the ceiling for prepared sour cherries (falling within CN codes ex 0811 90 19, ex 0811 90 39, 0811 90 75, ex 0812 10 00 and 2008 60 51, 2008 60 61, 2008 60 71 and 2008 60 91) shall be replaced by 12 800 tonnes. (d)The amount of 3 000 tonnes of the reference quantity for prepared cucumbers (falling within CN code ex 2001 10 00), shall be replaced by 2 000 tonnes. 11. Annex E shall be amended as follows: (1 ) (2) (3) (4) In column 4 related to the tariff quota with order No 09. 1515, "the former Yugoslav Republic of Macedonia" shall be inserted before "Slovenia"; the tariff quota with order No 09. 1505 for tobacco of the 'Prilep' type and the TARIC Subdivisions for this quota shall be deleted; the model of the authenticity certificate for tobacco of the 'Prilep' type shall be deleted; The amounts given for the hereafter mentioned tariff quotas listed in column 4 shall be replaced by the following: 09. 1507 09. 1509 09. 1511 09. 1503 100 tonnes 700 tonnes 600 tonnes 4 920 hi. 12. In Annex G, the rows "Federal Republic of Yugoslavia 9975 tonnes (carcass weight)" and "Former Yugoslav Republic of Macedonia 825 tonnes (carcass weight)" shall be removed. Article 2 This 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 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. } ANNEX Order No Ceiling (tonnes) Annex C I 01. 00101 01. 0020 01. 0030 01. 0040 01. 0050 01. 0060 01. 0080 01. 0090 01. 0100 01. 0110 01. 0120 01. 0130 01. 0140 01. 0150 01. 0160 01. 0167 01. 0170 *~ 01. 0190 01. 0200 01. 0220 " 01. 0230 01. 0240 01. 0250 01. 0270 01. 0280 01. 0290 Annex C II T757 50 555 75 287 XÎÏÎ TTÔ9 JÔ22 58T 160 616 mJ 21750 720 856 356 8650 2678" Î4Ô63" 4858 1 356 1 345 4709 5W 3 123 374T 6ÏÔ 1 156 8913 7 953 03. 00101 1 008 000 S Annex C III 04. 00301 04. 0040 04. 0050 04. 0090 Annex C IV 06. 00101 06. 0020 06. 0030 06. 0040 06. 0050 06. 0060 06. 0070 4 457 T66T 1274 ï~542 39 548 39 042 37 832 5 394 7~585" 47 056 37 694 3 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 Regulation (EC) No 70/97 concerning the arrangements applicable to imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and to imports of wine originating in the Republic of Slovenia 4. Objective : The extension to 1998 of the autonomous preferential trade regime applicable to imports into the Community of products originating in the Republics of Bosnia- 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. ^o ISSN 0254-1475 COM(97) 637 final DOCUMENTS EN 02 il Catalogue number : CB-C0-97-654-EN-C ISBN 92-78-28291-X Office for Official Publications of the European Communities L-2985 Luxembourg --")• 1