
COMMISSION REGULATION (EU) No 354/2011 of 12 April 2011 opening and providing for the management of tariff quotas of the Union for certain fish and fishery products originating in Bosnia and Herzegovina 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part, and in particular Article 2 thereof,
Whereas:

(1) A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Stabilisation and Association Agreement’), was signed in Luxembourg on 16 June 2008. The Stabilisation and Association Agreement is in the process of ratification.

(2) On 16 June 2008 an Interim Agreement was concluded on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (‘the Interim Agreement’), which was approved by Council Decision 2008/474/EC. The Interim Agreement provides for the early entry into force of the trade and trade-related provisions of the Stabilisation and Association Agreement. It entered into force on 1 July 2008.

(3) The Interim Agreement and the Stabilisation and Association Agreement provide that certain fish and fishery products originating in Bosnia and Herzegovina may be imported into the European Union, within the limits of tariff quotas of the Union (‘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 have been adopted for an indefinite period. It is necessary to open the tariff quotas for 2008 and following years and to provide for a common system for their management.

(5) This common management should ensure that all importers in the European Union 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 the system, Member States should be authorised to draw from the quota volumes the necessary quantities corresponding to actual imports. Close cooperation between the Member States and the Commission is required 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 electronic transmission.

(6) The quotas opened by this Regulation should therefore be managed in accordance with the system for management of tariff quotas designed to be used following the chronological order of dates of acceptance of customs declarations which is provided for in 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.

(7) As the Interim Agreement entered into force on 1 July 2008, this Regulation should apply from the same date and should remain in force after 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 
Fish and fishery products originating in Bosnia and Herzegovina and listed in the Annex that are put into free circulation in the European Union shall benefit from a reduced or a zero rate of customs duty, at the levels and within the limits of the annual tariff quotas of the Union set out in the Annex.
In order to benefit from these preferential rates, the products in question shall be accompanied by a proof of origin as provided for in Protocol 2 to the Interim Agreement with Bosnia and Herzegovina or in Protocol 2 to the Stabilisation and Association Agreement with Bosnia and Herzegovina.
Article 2 
The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447.
Article 3 
The Member States and the Commission shall cooperate closely to ensure compliance with 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 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products shall 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 CN codes. Where ex CN codes are indicated, the preferential scheme shall be determined by application of the CN code and the corresponding description taken together.
FISH AND FISHERY PRODUCTS 


Order No CN Code TARIC subdivisions Description Annual Tariff Quota volume(in tonnes net weight) Rate of quota duty
09.1594 0301 91  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 500 Free
0302 11 
0303 14 
0304 42 
0304 52 00 10
0304 82 
0304 99 21 11, 12, 20
0305 10 00 10
0305 39 90 10
0305 43 00 
0305 59 85 61
0305 69 80 61
09.1595 0301 93 00  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 140 Free
0302 73 00 
0303 25 00 
0304 39 00 20
0304 51 00 10
0304 69 00 20
0304 93 90 10
0305 10 00 20
0305 31 00 10
0305 44 90 10
0305 52 00 10
0305 64 00 10
09.1596 0301 99 85 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 30 Free
0302 85 10 
0303 89 50 
0304 49 90 60
0304 59 90 40
0304 89 90 30
0304 99 99 20
0305 10 00 30
0305 39 90 70
0305 49 80 40
0305 59 85 65
0305 69 80 65
09.1597 0301 99 85 22 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 30 Free
0302 84 10 
0303 84 10 
0304 49 90 70
0304 59 90 45
0304 89 90 40
0304 99 99 70
0305 10 00 40
0305 39 90 80
0305 49 80 50
0305 59 85 67
0305 69 80 67
09.1598 1604 13 11  Prepared or preserved sardines 50 6 %
1604 13 19 
1604 20 50 10, 19
09.1599 1604 16 00  Prepared or preserved anchovies 70 12,5 %
1604 20 40 
