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30.12.2011 Official
Journal
of
the
European
Union
L
347/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1336/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
the one part, and Bosnia and Herzegovina, of the other
EUROPEAN UNION,
part ( 4 ), was signed and concluded ( 5 ) and entered into
force on 1 July 2008.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 207(2) thereof,
(3) A
Stabilisation
and
Association
Agreement
between
the
European Communities and their Member States, of the
Having regard to the proposal from the European Commission,
one part, and the Republic of Serbia, of the other part
was signed in Luxembourg on 29 April 2008. Pending
the completion of the procedures necessary for its entry
After transmission of the draft legislative act to the national
into force, an Interim Agreement on trade and trade-
parliaments,
related matters between the European Community, of
the one part, and the Republic of Serbia, of the other
part ( 6 ), was signed and concluded ( 7 ) and entered into
Acting in accordance with the ordinary legislative procedure ( 1 ),
force on 1 February 2010.
Whereas:
(4)
The Stabilisation and Association Agreements and the
Interim Agreements establish a contractual trade regime
(1) Council
Regulation
(EC)
No
2007/2000
of
18
September
between the European Union and Bosnia and Herze
2000 introducing exceptional trade measures for
govina, and between the European Union and Serbia. It
countries and territories participating in or linked to
is therefore necessary to amend Regulation (EC) No
the European Union’s Stabilisation and Association
1215/2009 by removing Bosnia and Herzegovina and
process (
Serbia from the list of beneficiaries of the tariff

2 ) introduced exceptional trade measures which
provide for unlimited duty free access to the Union
concessions for the same products under the contractual
market for almost all products originating in the
trade regime and to adjust the global tariff quota volumes
countries and customs territories benefiting from the
for specific products for which tariff quotas have been
Stabilisation and Association process. As Regulation
granted under the contractual trade regime. Bosnia and
(EC) No 2007/2000 was substantially amended several
Herzegovina and Serbia should, however, remain bene
times, in the interests of clarity and rationality it was
ficiaries under Regulation (EC) No 1215/2009 in so far
codified by Council Regulation (EC) No 1215/2009 (
as that Regulation provides for concessions which are

3 ).
more favourable than those under the bilateral
agreements.
(2) 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,
(5) Regulation
(EC)
No
1215/2009
remains
the
main
was signed in Luxembourg on 16 June 2008. Pending
instrument governing trade relations with Kosovo ( 8 ).
the completion of the procedures necessary for its entry
Kosovo’s continued access to the Union market
into force, an Interim Agreement on trade and trade-
related matters between the European Community, of
( 4 ) OJ L 233, 30.8.2008, p. 6.
( 5 ) OJ L 169, 30.6.2008, p. 10. Corrected version in OJ L 233,
( 1 ) Position of the European Parliament of 13 October 2011 (not yet
30.8.2008, p. 5.
published in the Official Journal) and decision of the Council of
( 6 ) OJ L 28, 30.1.2010, p. 2.
24 November 2011.
( 7 ) OJ L 28, 30.1.2010, p. 1.
( 2 ) OJ L 240, 23.9.2000, p. 1.
( 8 ) As defined by United Nations Security Council Resolution
( 3 ) OJ L 328, 15.12.2009, p. 1.
1244(1999).

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Official Journal of the European Union
30.12.2011
is crucial for Kosovo’s economic recovery and for the
HAVE ADOPTED THIS REGULATION:
whole region. At the same time, such access will not
have negative consequences for the Union.
Article 1
Regulation (EC) No 1215/2009 is amended as follows:
(6) For
those
reasons
and
given
the
fact
that
Regulation
(EC)
No 1215/2009 ceased to apply on 31 December 2010,
it is appropriate to extend the validity of Regulation (EC)
(1) Article 1 is replaced by the following:
No 1215/2009 until 31 December 2015.
‘Article 1
(7)
In order to ensure the Union’s compliance with its inter
Preferential arrangements
national obligations, the preferential arrangements set out
in this Regulation should be made conditional on the
1. Subject
to
the
special
provisions
laid
down
in
continuation or renewal of the existing waiver from
Article 3, products originating in the customs territory
World Trade Organization (WTO) obligations obtained
of Kosovo, other than those of headings 0102, 0201,
by the Union.
0202, 0301, 0302, 0303, 0304, 0305, 1604, 1701,
1702 and 2204 of the Combined Nomenclature, shall
be admitted for import into the Union without quanti
(8) In
order
to
protect
the
economic
interests
of
operators,
it
tative restrictions or measures having equivalent effect
is necessary to provide for transitional measures in
and with exemption from customs duties and charges
respect of goods that are, at the date of application of
having equivalent effect.
this Regulation, in transit or in temporary storage in
customs warehouses or in free zones.
2. Products
originating
in
Albania,
Bosnia
and
Herze
govina, Croatia, the former Yugoslav Republic of
(9)
In order to adopt the provisions necessary for the appli
Macedonia, Montenegro or Serbia shall continue to
cation of this Regulation, the power to adopt acts in
benefit from the provisions of this Regulation where so
accordance with Article 290 of the Treaty on the Func
indicated. Such products shall also benefit from any
tioning of the European Union should be delegated to
concession provided for in this Regulation which is
the Commission in respect of the necessary amendments
more favourable than that provided for under bilateral
and technical adjustments to Annexes I and II following
agreements between the Union and those countries.’;
amendments to the Combined Nomenclature codes and
to the TARIC subdivisions, as well as the necessary
(2) Article 2 is amended as follows:
adjustments following the granting of trade preferences
under other arrangements between the Union and the
countries and territories referred to in this Regulation.
(a) point (a) of paragraph 1 is replaced by the following:
It is of particular importance that the Commission
carry out appropriate consultations during its preparatory
‘(a) compliance with the definition of “originating
work, including at expert level. The Commission, when
products” provided for in Part I, Title IV,
preparing and drawing up delegated acts, should ensure a
Chapter 2, Section 2 of Regulation (EEC) No
simultaneous, timely and appropriate transmission of
2454/93.’;
relevant documents to the European Parliament and to
the Council.
(b) the following paragraph is added:
(10) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation with regard to the suspension of
‘3. In
the
event
of
non-compliance
by
a
country
or
the entitlement to benefit from the preferential
territory with paragraphs 1 or 2, the Commission may,
arrangements in the event of non-compliance, the
by means of implementing acts, suspend, in whole or
issuing of authenticity certificates attesting that the
in part, the entitlement of the country or territory
goods originate in the country or territory concerned
concerned to benefits under this Regulation. Those
and correspond to the definition in this Regulation,
implementing acts shall be adopted in accordance
and for the temporary suspension, in whole or in part,
with the examination procedure referred to in
of the arrangements provided for in this Regulation,
Article 8(4).’;
implementing powers should be conferred on the
Commission. Those powers should be exercised in
(3) Article 3 is amended as follows:
accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council of 16 February
(a) paragraph 2 is replaced by the following:
2011 laying down the rules and general principles
concerning mechanisms for control by Member States
of the Commission’s exercise of implementing powers ( 1 ).
‘2. The
customs
duties
applicable
to
imports
into
the Union of “baby-beef” products defined in Annex
II and originating in the customs territory of Kosovo,
(11) In
order
not
to
disrupt
trade,
it
is
necessary
for
this
shall be 20 % of the ad valorem duty and 20 % of the
Regulation to apply retroactively, as of 1 January 2011,
specific duty as laid down in the Common Customs
Tariff, within the limit of an annual tariff quota of 475
( 1 ) OJ L 55, 28.2.2011, p. 13.
tonnes expressed in carcase weight.

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30.12.2011 Official
Journal
of
the
European
Union
L
347/3
Any request for import within this quota shall be
2. The power to adopt delegated acts referred to in
accompanied by an authenticity certificate issued by
Article 7 shall be conferred on the Commission until the
the competent authorities of the exporting territory
date of expiry of this Regulation. The Commission shall
and attesting that the goods originate in the territory
draw up a report in respect of the delegation of power not
concerned and correspond to the definition in Annex
later than 9 months before that date.
II to this Regulation. That certificate shall be drawn up
by the Commission by means of implementing acts.
Those implementing acts shall be adopted in
3. The power to adopt delegated acts referred to in
accordance with the examination procedure referred
Article 7 may be revoked at any time by the European
to in Article 8(4).’;
Parliament or by the Council. A decision to revoke shall
put an end to the delegation of the power specified in that
(b) paragraph 3 is deleted;
decision. It shall take effect on the day following the
publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It
(c) paragraph 4 is replaced by the following:
shall not affect the validity of any delegated acts already
in force.
‘4. Notwithstanding
other
provisions
of
this
Regu
lation, and in particular Article 10, given the particular
sensitivity of the agricultural and fishery markets,
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
where imports of agricultural and fishery products
shall notify it simultaneously to the European Parliament
cause serious disturbance to Union markets and their
and to the Council.
regulatory mechanisms, the Commission may adopt
appropriate measures by means of implementing
acts. Those implementing acts shall be adopted in
5. A
delegated
act
adopted
pursuant
to
Article
7
shall
accordance with the examination procedure referred
enter into force only if no objection has been expressed
to in Article 8(4).’;
either by the European Parliament or the Council within a
period of 2 months of notification of that act to the
European Parliament and the Council or if, before the
(4) Article 4 is replaced by the following:
expiry of that period, the European Parliament and the
Council have both informed the Commission that they
‘Article 4
will not object. That period shall be extended by 2
months at the initiative of the European Parliament or
Implementation of tariff quota for “baby beef”
of the Council.’;
The detailed rules for implementing the tariff quota for
“baby-beef” products shall be determined by the
Commission by means of implementing acts. Those imple
(7) Article 8 is replaced by the following:
menting acts shall be adopted in accordance with the
examination procedure referred to in Article 8(4).’;
‘Article 8
(5) Article 7 is replaced by the following:
Committee procedure
1. For
the
purposes
of
Articles
2
and
10,
the
‘Article 7
Commission shall be assisted by the Western Balkans
Implementation Committee. That Committee shall be a
Conferral of powers
committee within the meaning of Regulation (EU) No
The Commission shall be empowered to adopt delegated
182/2011 of the European Parliament and of the
acts in accordance with Article 7a concerning:
Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by
(a) necessary amendments and technical adjustments to
Member States of the Commission’s exercise of imple
Annexes I and II following amendments to the
menting powers (*).
Combined Nomenclature codes and to the TARIC
subdivisions;
2. For the purposes of Article 3(4), the Commission
shall be assisted by the committee established by
(b) necessary adjustments following the granting of trade
Article 4(1) of Council Regulation (EC) No 260/2009 of
preferences under other arrangements between the
26 February 2009 on the common rules for imports (**).
Union and the countries and territories referred to in
That Committee shall be a committee within the meaning
Article 1.’;
of Regulation (EU) No 182/2011.
(6) the following Article is inserted:
3. For the purposes of Article 3(2) and Article 4, the
Commission shall be assisted by the committee established
‘Article 7a
by Article 195(1) of Council Regulation (EC) No
Exercise of the delegation
1234/2007 of 22 October 2007 establishing a common
organisation of agricultural markets and on specific
1. The
power
to
adopt
delegated
acts
is
conferred
on
provisions for certain agricultural products (Single CMO
the Commission subject to the conditions laid down in
Regulation) (***). That Committee shall be a committee
this Article.
within the meaning of Regulation (EU) No 182/2011.

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Official Journal of the European Union
30.12.2011
4. Where
reference
is
made
to
this
paragraph,
Article
5
‘It shall apply until 31 December 2015.
of Regulation (EU) No 182/2011 shall apply.
The preferences provided for in this Regulation shall cease
___________
to apply, in whole or in part, in the event that they would
(*) OJ L 55, 28.2.2011, p. 13.
not be permitted by a waiver granted by the WTO. Such
(**) OJ L 84, 31.3.2009, p. 1.
cessation shall apply from the day on which the waiver is
(***) OJ L 299, 16.11.2007, p. 1.’;
no longer in effect. The Commission shall, sufficiently
prior to that date, publish a notice in the Official Journal
of the European Union to inform operators and the
(8) Article 10 is amended as follows:
competent authorities thereof. The notice shall specify
which preferences provided for in this Regulation are no
(a) paragraph 1 is amended as follows:
longer in effect and the date on which they cease to
apply.’;
(i) point (a) is replaced by the following:
(10) Annex I is replaced by the text appearing in the Annex to
‘(a) informed the Western Balkans Implementation
this Regulation.
Committee;’;
Article 2
(ii) the following subparagraph is added:
Goods which, on 1 January 2011, are either in transit or in the
‘The measures referred to in the first subparagraph
Union in temporary storage in customs warehouses or in free
shall be adopted by means of implementing acts.
zones and for which before that date a proof of origin of Bosnia
Those implementing acts shall be adopted in
and Herzegovina or Serbia has been properly issued in
accordance with the examination procedure
accordance with Part I, Title IV, Chapter 2, Section 2 of
referred to in Article 8(4).’;
Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council
(b) paragraph 2 is deleted;
Regulation (EEC) No 2913/92 establishing the Community
Customs Code ( 1 ), shall continue to benefit from Regulation
(c) paragraph 3 is replaced by the following:
(EC) No 1215/2009 for a period of 4 months from the date
of application of this Regulation.
‘3. On conclusion of the period of suspension, the
Commission shall decide either to terminate the provi
Article 3
sional suspension measure or to extend the suspension
measure in accordance with paragraph 1.’;
This Regulation shall enter into force on the day of its publi
cation in the Official Journal of the European Union.
(9) in Article 12, the second paragraph is replaced by the
following:
It shall apply from 1 January 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR
( 1 ) OJ L 253, 11.10.1993, p. 1.

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EN
30.12.2011 Official
Journal
of
the
European
Union
L
347/5
ANNEX
‘ANNEX I
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 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 the 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.
Order No CN
Code Description
Quota volume
per year ( 1 )
Beneficiaries Rate
of
duty
09.1571 0301
91
10
Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki,
15 tonnes customs
territory
of
0 %
0301 91 90 Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus
Kosovo
0302 11 10 apache and Oncorhynchus chrysogaster): live; fresh or chilled;
0302 11 20 frozen; dried, salted or in brine, smoked; fillets and other
0302 11 80 fish meat; flours, meals and pellets, fit for human
0303 21 10 consumption
0303 21 20
0303 21 80
0304 19 15
0304 19 17
ex 0304 19 18
ex 0304 19 91
0304 29 15
0304 29 17
ex 0304 29 18
ex 0304 99 21
ex 0305 10 00
ex 0305 30 90
0305 49 45
ex 0305 59 80
ex 0305 69 80
09.1573 0301
93
00
Carp: live; fresh or chilled; frozen; dried, salted or in brine,
20 tonnes customs
territory
of
0 %
0302 69 11 smoked; fillets and other fish meat; flours, meals and pellets,
Kosovo
0303 79 11 fit for human consumption
ex 0304 19 18
ex 0304 19 91
ex 0304 29 18
ex 0304 99 21
ex 0305 10 00
ex 0505 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80
09.1575 ex
0301
99
80
Sea bream (Dentex dentex and Pagellus spp.): live; fresh or 45 tonnes customs
territory
of
0 %
0302 69 61 chilled; frozen; dried, salted or in brine, smoked; fillets and
Kosovo
0303 79 71 other fish meat; flours, meals and pellets, fit for human
ex 0304 19 39 consumption
ex 0304 19 99
ex 0304 29 99
ex 0304 99 99
ex 0305 10 00
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80
09.1577 ex
0301
99
80
Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; 30 tonnes customs
territory
of
0 %
0302 69 94 dried; salted or in brine, smoked; fillets and other fish meat;
Kosovo
ex 0303 77 00 flours, meals and pellets, fit for human consumption
ex 0304 19 39
ex 0304 19 99
ex 0304 29 99
ex 0304 99 99
ex 0305 10 00

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L 347/6
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Official Journal of the European Union
30.12.2011
Order No CN
Code Description
Quota volume
per year ( 1 )
Beneficiaries Rate
of
duty
ex 0305 30 90
ex 0305 49 80
ex 0305 59 80
ex 0305 69 80
09.1515 ex
2204
21
93
Wine of fresh grapes, of an actual alcoholic strength by 50 000 hl ( 2 ) Albania
( 3 ), Bosnia and
Exemption
ex 2204 21 94 volume not exceeding 15 % vol, other than sparkling wine
Herzegovina ( 4 ),
ex 2204 21 95
Croatia ( 5 ), the former
ex 2204 21 96
Yugoslav Republic of
ex 2204 21 97
Macedonia ( 6 ),
ex 2204 21 98
Montenegro ( 7 ),
ex 2204 29 93
Serbia ( 8 ) or customs
ex 2204 29 94
territory of Kosovo
ex 2204 29 95
ex 2204 29 96
ex 2204 29 97
ex 2204 29 98
( 1 ) One global volume per tariff quota accessible to imports originating in the beneficiaries.
( 2 ) The volume of this global tariff quota shall be reduced if the quota volume of the individual tariff quota applicable under order No 09.1588 for certain wines originating
in Croatia is increased.
( 3 ) Access for wine originating in Albania to this global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Additional Protocol
on wine concluded with Albania. These individual tariff quotas are opened under order Nos 09.1512 and 09.1513.
( 4 ) Access for wine originating in Bosnia and Herzegovina to this global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the
Protocol on wine concluded with Bosnia and Herzegovina. These individual tariff quotas are opened under order Nos 09.1528 and 09.1529.
( 5 ) Access for wine originating in Croatia to this global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Additional Protocol
on wine concluded with Croatia. These individual tariff quotas are opened under order Nos 09.1588 and 09.1589.
( 6 ) Access for wine originating in the former Yugoslav Republic of Macedonia to this global tariff quota is subject to the prior exhaustion of both individual tariff quotas
provided for in the Additional Protocol on wine concluded with the former Yugoslav Republic of Macedonia. These individual tariff quotas are opened under order Nos
09.1558 and 09.1559.
( 7 ) Access for wine originating in Montenegro to this global tariff quota is subject to the prior exhaustion of the individual tariff quota provided for in the Protocol on wine
concluded with Montenegro. This individual tariff quota is opened under order No 09.1514.
( 8 ) Access for wine originating in Serbia to this global tariff quota is subject to the prior exhaustion of both individual tariff quotas provided for in the Protocol on wine
concluded with Serbia. These individual tariff quotas are opened under order Nos 09.1526 and 09.1527.’.

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