Commission Regulation (EC) No 2088/2004 of 7 December 2004 amending Regulation (EC) No 2497/2001 and Commission (EC) No 2597/2001 as regards tariff quotas for certain fish and fishery products originating in Croatia and for certain wines originating in Croatia, the former Yugoslav Republic of Macedonia and Slovenia

The Annex to Regulation (EC) No 2497/2001 is replaced by Annex I to this Regulation.

1 When wines, listed in the Annex, originating in the Republic of Croatia or in the former Yugoslav Republic of Macedonia are put into free circulation in the Community, they shall benefit from an exemption of customs duty, within the limits of the annual Community tariff quotas specified in this Annex and in accordance with the provisions set out in this Regulation.

2 If any of the countries concerned pay export subsidies in respect of the relevant products, exemption from customs duty within the tariff quotas provided for in the additional protocols concluded by Decisions 2001/919/EC, 2001/918/EC and 2001/916/EC (hereinafter additional protocols on wine) shall be suspended in the case of that country.’

Notwithstanding the conditions laid down in point Annex I(5)(a) of to each of the additional protocols on wine, imports of wine within the Community tariff quotas referred to in Article 1(1) shall be subject to the provisions laid down in the applicable protocols on the definition of the concept of originating products and methods of administrative cooperation, to the Interim Agreement between the European Community and the Republic of Croatia, to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, and to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part.’

1 The individual tariff quota for the wines originating in Croatia referred to in Part I of the Annex under order number 09.1588 shall be increased every year.

2 The annual increase referred to in paragraph 1 may be applied only if at least 80 % of the respective volume opened within the previous year has been used. The Commission shall review the volumes used each year and shall adopt provisions to implement any necessary adjustment of those volumes for Croatia.’

The quantities which, pursuant to Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001, have been put into free circulation in the Community since 1 January 2004, within the tariff quotas with order numbers 09.1581, 09.1582, 09.1583, 09.1584, 09.1585, 09.1586, 09.1588, 09.1589, 09.1558 and 09.1559, shall at the entry into force of this Regulation be taken into account for charging on the respective tariff quotas laid down in the Annex to Regulation (EC) No 2497/2001 and Regulation (EC) No 2597/2001, as amended by this Regulation.

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 May 2004.