Commission Implementing Regulation (EU) 2017/822 of 15 May 2017 amending Implementing Regulation (EU) No 343/2011 opening and providing for the administration of Union tariff quotas for wines originating in Bosnia and Herzegovina
Commission Implementing Regulation (EU) 2017/822of 15 May 2017amending Implementing Regulation (EU) No 343/2011 opening and providing for the administration of Union tariff quotas for wines originating in Bosnia and Herzegovina THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 187 thereof,Whereas:(1)The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other partOJ L 164, 30.6.2015, p. 2. ("the SAA") was signed on 16 June 2008 and entered into force on 1 June 2015.(2)The Protocol to 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, to take account of the accession of the Republic of Croatia to the European UnionOJ L 12, 17.1.2017, p. 3. ("the Protocol") was signed on 15 December 2016. Its signature on behalf of the Union and its Member States and its provisional application has been authorised by Council Decision (EU) 2017/75Council Decision (EU) 2017/75 of 21 November 2016 on the signing, on behalf of the Union and its Member States, and provisional application of the Protocol to 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, to take account of the accession of the Republic of Croatia to the European Union (OJ L 12, 17.1.2017, p. 1).. The Protocol applies provisionally with effect from 1 February 2017.(3)Article 5 of the Protocol and Annex IV thereto provide for changes to the existing tariff quotas for wines originating in Bosnia and Herzegovina with effect from 1 February 2017. The relevant quotas for wines have been increased from 12800 hl to 25500 hl, applying to positions ex220410 and ex220421, and from 3200 hl to 15100 hl, applying to positions ex220422 and ex220429.(4)The SAA specifies that the preferential zero-duty within the tariff quotas is granted subject to the condition that no export subsidies are paid for exports of these quantities by Bosnia and Herzegovina. In addition, the Protocol specifies that for the year 2017 the full amount of the quotas applies irrespective of the date of entry into force or provisional application of the Protocol.(5)To implement the Union tariff quotas for wine laid down in the Protocol, Commission Implementing Regulation (EU) No 343/2011Commission Implementing Regulation (EU) No 343/2011 of 8 April 2011 opening and providing for the administration of Union tariff quotas for wines originating in Bosnia and Herzegovina (OJ L 96, 9.4.2011, p. 12). should therefore be amended accordingly.(6)Since the Protocol applies from 1 February 2017, the proposed amendments should apply from the same date.(7)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION:
Article 1The Annex to Implementing Regulation (EU) No 343/2011 is replaced by the text set out in the Annex to this Regulation.
Article 2This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.It shall apply from 1 February 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 15 May 2017.For the CommissionThe PresidentJean-Claude JunckerANNEX

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ANNEXTariff quotas for wines originating in Bosnia and Herzegovina imported into the Union
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 CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.Consultations at the request of one of the Parties may be held to adapt the quotas by transferring quantities from the quota applying to positions ex220422 and ex220429 (order number 09.1529) to the quota applying to positions ex220410 and ex220421 (order number 09.1528). For the year 2017 the full amount of the quotas shall apply, irrespective of the date of entry into force or provisional application of the Protocol.The VI1 certificate established according to Article 43 of Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.6.2008, p. 1), shall mention compliance with this requirement as follows: "The products listed on this certificate do not benefit from export subsidies".
Order NoCN codeTARIC ExtensionDescriptionAnnual quota volume (in hl)Tariff quota duty
09.152822041093"Quality sparkling wine; other wine of fresh grapes, in containers holding 2 litres or less".25500Exemption
22041094
22041096
22041098
22042106
22042107
22042108
22042109
ex2204219319, 29, 31, 41 and 51
ex2204219419, 29, 31, 41 and 51
22042195
ex2204219611, 21, 31, 41 and 51
22042197
ex2204219811, 21, 31, 41 and 51
09.152922042210Other wine of fresh grapes, in containers holding more than 2 litres but not more than 10 litres15100Exemption
2204229311, 21, 31, 41 and 51
ex22042294
2204229511, 21, 31, 41 and 51
ex22042296
2204229711, 21, 31, 41 and 51
22042298
22042910
22042993
ex2204299411, 21, 31, 41 and 51
22042995
ex2204299611, 21, 31, 41 and 51
22042997
ex2204299811, 21, 31, 41 and 51