
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 

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 30 000 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:
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Preferential arrangements
Article 1 

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.';
((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

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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 0301 91 000302 11 000303 14 000304 42 00ex 0304 52 000304 82 00ex 0304 99 21ex 0305 10 00ex 0305 39 900305 43 00ex 0305 59 85ex 0305 69 80 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 0301 93 000302 73 000303 25 00ex 0304 39 00ex 0304 51 00ex 0304 69 00ex 0304 93 90ex 0305 10 00ex 0305 31 00ex 0305 44 90ex 0305 52 00ex 0305 64 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 0 tonne Customs territory of Kosovo 0 %
09.1575 ex 0301 99 850302 85 100303 89 50ex 0304 49 90ex 0304 59 90ex 0304 89 90ex 0304 99 99ex 0305 10 00ex 0305 39 90ex 0305 49 80ex 0305 59 85ex 0305 69 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 0 tonne Customs territory of Kosovo 0 %
09.1577 ex 0301 99 850302 84 100303 84 10ex 0304 49 90ex 0304 59 90ex 0304 89 90ex 0304 99 99ex 0305 10 00ex 0305 39 90ex 0305 49 80ex 0305 59 85ex 0305 69 80 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 ex 2204 21 93ex 2204 21 94ex 2204 21 95ex 2204 21 96ex 2204 21 97ex 2204 21 98ex 2204 22 93ex 2204 22 94ex 2204 22 95ex 2204 22 96ex 2204 22 97ex 2204 22 98ex 2204 29 93ex 2204 29 94ex 2204 29 95ex 2204 29 96ex 2204 29 97ex 2204 29 98 Wine of fresh grapes, of an actual alcoholic strength by volume not exceeding 15 % vol, other than sparkling wine 30 000 hl Albania, Bosnia and Herzegovina, Customs territory of Kosovo, the former Yugoslav Republic of Macedonia, Montenegro, Serbia. Exemption
09.1560 ex 2204 21 93ex 2204 21 94ex 2204 21 95ex 2204 21 96ex 2204 21 97ex 2204 21 98ex 2204 22 93ex 2204 22 94ex 2204 22 95ex 2204 22 96ex 2204 22 97ex 2204 22 98ex 2204 29 93ex 2204 29 94ex 2204 29 95ex 2204 29 96ex 2204 29 97ex 2204 29 98 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 %







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