Commission Delegated Regulation (EU) 2017/1464 of 2 June 2017 amending Council Regulation (EC) No 1215/2009 as regards trade concessions granted to Kosovo following the entry into force of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part
Grade B
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Address https://gelex.eu/eli/EU/regulation/2017/1464@2017-06-02/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, and in particular Article 7(a) and (b) thereof,
Whereas:
(1) Regulation (EC) No 1215/2009 provided for unlimited duty free access to the Union market for nearly all products originating in the countries and territories benefiting from the Stabilisation and Association process to the extent and until such time as bilateral agreements with those countries and territories were concluded.
(2) The last of such bilateral agreements, the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, was signed and concluded. It entered into force on 1 April 2016.
(3) The Stabilisation and Association Agreement establishes a contractual trade regime between the Union and Kosovo. The bilateral trade concessions on the Union side are comparable to the unilateral preferences granted by Regulation (EC) No 1215/2009.
(4) Pursuant to Article 7 of Regulation (EC) No 1215/2009 the Commission is empowered to adopt delegated acts to introduce the necessary amendments and technical adjustments to Annexes I and II of that Regulation, following amendments to the Combined Nomenclature codes and to the TARIC subdivisions, as well as the necessary adjustments following the granting of trade preferences under other arrangements between the Union and the countries and territories referred to in that Regulation.
(5) The continuation of the unilateral preference granted to all the Western Balkan countries and territories in the form of the suspension of all duties for products covered by Chapters 7 and 8 of the Combined Nomenclature and their access to the global wine tariff rate quota of 30000 hl should be ensured. Moreover, since the baby-beef tariff-rate quota granted to Kosovo is included in the Stabilisation and Association Agreement with Kosovo, Regulation (EC) No 1215/2009 should be amended accordingly.
(6) In addition, since Commission Implementing Regulation (EU) 2016/1821 made changes to the Combined Nomenclature for certain fishery and wine products covered by Regulation (EC) No 1215/2009, Annex I to that Regulation should be amended and adjusted accordingly, for reasons of clarity.
(7) Regulation (EC) No 1215/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1215/2009 is amended as follows:
(1) Article 1 is replaced by the following:
Article 1
(1)
Article 1 Preferential arrangements
1. The products originating in Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the customs territory of Kosovo, Montenegro, and in Serbia covered by Chapters 7 and 8 of the Combined Nomenclature shall be admitted for import into the Union without quantitative restrictions or measures having equivalent effect and with exemption from custom duties and charges having equivalent effect.
2. Products originating in Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the customs territory of Kosovo, Montenegro and in Serbia shall continue to benefit from the provisions of this Regulation where so indicated. Such products shall also benefit from any concession provided for in this Regulation which is more favourable than that provided for under bilateral agreements between the Union and those countries.;
Article 1
(2) in Article 3, in the first subparagraph of paragraph 2, 475 tonnes is replaced by 0 tonnes;
(3) Annex I is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 June 2017. For the Commission The President Jean-Claude Juncker
ANNEX
ANNEX
ANNEX I CONCERNING THE TARIFF QUOTAS REFERRED TO IN ARTICLE 3(1)
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is deemed to be indicative only, and the preferential scheme is determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by the combined application of the CN code and the corresponding description. Order No CN Code Description Quota volume per year Beneficiaries Rate of duty 09.1571 03019100 03021100 03031400 03044200 ex03045200 03048200 ex03049921 ex03051000 ex03053990 03054300 ex03055985 ex03056980 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 0 tonne Customs territory of Kosovo 0 % 09.1573 03019300 03027300 03032500 ex03043900 ex03045100 ex03046900 ex03049390 ex03051000 ex03053100 ex03054490 ex03055200 ex03056400 Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama 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 0 tonne Customs territory of Kosovo 0 % 09.1575 ex03019985 03028510 03038950 ex03044990 ex03045990 ex03048990 ex03049999 ex03051000 ex03053990 ex03054980 ex03055985 ex03056980 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 0 tonne Customs territory of Kosovo 0 % 09.1577 ex03019985 03028410 03038410 ex03044990 ex03045990 ex03048990 ex03049999 ex03051000 ex03053990 ex03054980 ex03055985 ex03056980 European 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 0 tonne Customs territory of Kosovo 0 % 09.1530 ex22042193 ex22042194 ex22042195 ex22042196 ex22042197 ex22042198 ex22042293 ex22042294 ex22042295 ex22042296 ex22042297 ex22042298 ex22042993 ex22042994 ex22042995 ex22042996 ex22042997 ex22042998 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 30000 hl Albania, Bosnia and Herzegovina, Customs territory of Kosovo, the former Yugoslav Republic of Macedonia, Montenegro, Serbia. Exemption 09.1560 ex22042193 ex22042194 ex22042195 ex22042196 ex22042197 ex22042198 ex22042293 ex22042294 ex22042295 ex22042296 ex22042297 ex22042298 ex22042993 ex22042994 ex22042995 ex22042996 ex22042997 ex22042998 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 0 hl Customs territory of Kosovo 0 %
Versions
Cited by
- Regulation (EU) 2020/2172 of the European Parliament and of the Council of 16 December 2020 amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process Regulation · Grade B
Commission Delegated Regulation (EU) 2017/1464 amended Regulation (EC) No 1215/2009, removing the bilateral preferences granted to Kosovo but maintaining the unilateral preference granted to all Western Balkan beneficiary parties in the form of the suspension of all duties for products covered by Chapters 7 and 8 of the Combined Nomenclature and their access to the global wine tariff rate quota of 30000 hl.
- Commission Implementing Regulation (EU) 2017/1467 of 11 August 2017 amending Regulation (EU) No 1255/2010 as regards the import tariff quota for baby beef products originating in Kosovo Regulation · Grade B
The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (the Agreement), was concluded on behalf of the Union by the Council by Decision (EU) 2016/342 and it is the new instrument governing trade relations with Kosovo. Article 28(3) of the Agreement provides for a tariff quota of 475 tonnes for baby beef products originating in the customs territory of Kosovo. As a consequence, the tariff quota for baby beef products provided for in the first subparagraph of Article 3(2) of Regulation (EC) N
- Commission Implementing Regulation (EU) 2017/1466 of 11 August 2017 on opening and providing for the administration of Union tariff quotas for wines originating in Kosovo Regulation · Grade B
Council Regulation (EC) No 1215/2009 provides for an annual import tariff quota for certain products originating in the customs territory of Kosovo. Following the entry into force of the SAA, these autonomous trade measures are adjusted by Commission Delegated Regulation (EU) 2017/1464. In particular, specific wine tariff rate quotas for Kosovo are no longer applicable under the autonomous regime provided for by Regulation (EC) No 1215/2009 since these concessions have been included in the SAA regime.
- Regulation (EU) 2024/823 of the European Parliament and of the Council of 28 February 2024 on exceptional trade measures for countries and territories participating in or linked to the Stabilisation and Association process (codification) Regulation · Grade B
Council Regulation (EC) No 1215/2009 (OJ L 328, 15.12.2009, p. 1). Regulation (EU) No 1336/2011 of the European Parliament and of the Council (OJ L 347, 30.12.2011, p. 1). Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p. 1). Only Article 1(1), point (n), 5th indent, and point 16.5 of the Annex Regulation (EU) No 1202/2013 of the European Parliament and of the Council (OJ L 321, 30.11.2013, p. 1). Regulation (EU) 2015/2423 of the European Parliament and of the Council (OJ L 341, 24.12.2015, p. 18). Commission Delegated Regulation (EU) 2017/1464 (OJ L 209, 12.8.2017, p. 1). Regulatio