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26.3.2013 Official
Journal
of
the
European
Union
L
86/7
COMMISSION IMPLEMENTING REGULATION (EU) No 286/2013
of 22 March 2013
on transitional measures to be adopted in respect of trade in agricultural products on the occasion
of the accession of Croatia
THE EUROPEAN COMMISSION,
Article 2
Definitions
Having regard to the Treaty on the Functioning of the European
For the purposes of this Regulation ‘products’ means agricultural
Union,
products and/or goods not included in Annex I to the Treaty on
the Functioning of the European Union.
Having regard to the Treaty of Accession of Croatia, and in
particular Article 3(4) thereof,
Article 3
Charges on holders of products in free circulation
Having regard to the Act of Accession of Croatia, and in
1. Without
prejudice
to
Section
3(a)
of
Annex
IV
to
the
Act
particular Article 41 thereof,
of Accession, and where stricter legislation does not apply at
national level, Croatia shall levy charges on holders of surplus
stocks at 1 July 2013 of products in free circulation.
Whereas:
2. In
order
to
determine
the
surplus
stock
of
each
holder,
(1) Transitional
measures
should
be
adopted
in
order
to Croatia shall take into account:
avoid the risk of deflection of trade, affecting the
common organisation of agricultural markets due to
the accession of Croatia to the European Union on
(a) averages of stocks available in the period from 1 July 2010
1 July 2013.
to 30 June 2013;
(2) Trade
deflections
liable
to
disrupt
the
market
organi
(b) the pattern of trade in the period from 1 July 2010 to
sations often involve products moved artificially with a
30 June 2013;
view to benefit from enlargement of the Union and do
not form part of the normal stocks of the acceding State
(c) the circumstances in which stocks were built up.
concerned. Accumulation of such surplus quantities can
also give rise to distortion of competition likely to affect
the proper functioning of the common organisation of
The notion ‘surplus stocks’ applies to products imported into or
the markets. Surplus stocks may also result from national
originating from Croatia and to such products outside the
production. Provisions should, therefore, be made for
customs territory of Croatia but intended for the market in
effective, proportionate, and deterrent charges at the
Croatia.
amount of the difference between import duties
applicable in Croatia before accession and the import
duties applicable in the Union increased with 20 %, to
The recording of the stocks shall be performed on the basis of
be levied on surplus stocks in Croatia.
the Combined Nomenclature applicable on 1 July 2013.
3. The
amount
of
the
charge
referred
to
in
paragraph
1
shall,
(3) It
is
necessary
to
prevent
goods
in
respect
of
which for each product concerned, be equal to the amount by which
export refunds were paid before 1 July 2013 from bene
the import duty applicable in the Union in accordance with
fiting from a second export refund when exported to
Annex I to Council Regulation (EEC) No 2658/87
(
third countries after 30 June 2013.

1 ),

including any applicable additional duty on 30 June 2013,
exceeds the import duty applicable in Croatia on that date,
plus 20 % of that amount. The revenue of the charge
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
collected by national authorities shall be assigned to the
Committee for the Common Organisation of Agricultural
national budget of Croatia.
Markets,
4. Croatia
shall,
without
delay,
carry
out
an
inventory
of
stocks available as on 1 July 2013. To this end, it shall use a
HAS ADOPTED THIS REGULATION:
system for identifying holders of surplus stocks based on a risk
analysis taking account of the following criteria:
Article 1
(a) type of activity of the holder;
Scope
This Regulation shall apply to products set out in the Annex.
( 1 ) OJ L 256, 7.9.1987, p. 1.

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L 86/8
EN
Official Journal of the European Union
26.3.2013
(b) capacity of storage facilities;
Article 6
(c) level of activity.
Measures in the event of non-payment of charges
If any Member State suspects that the charges provided for in
Croatia shall notify the Commission any measures it has imple
Article 3 have not been paid in respect of a product, it shall
mented prior to its accession, to avoid any speculative stock-
inform Croatia so as to enable it to take appropriate measures.
piling due to the accession, in particular to monitor and track
down import flows for products with high risk of stock-piling,
by 1 July 2013.
Article 7
Proof of non-payment of refunds
Croatia shall notify the Commission of the quantity of products
in surplus stocks, except of those quantities in public stocks as
Products for which the declaration of export to third countries
referred to in Article 4, by 31 March 2014.
is accepted by Croatia during the period from 1 July 2013 to
30 June 2014 may qualify for an export refund if such refund
5. Where
a
CN
code
covers
products
for
which
the
import has been fixed in accordance with Article 164 of Council Regu
duty referred to in paragraph 3 is not the same, the inventory
lation (EC) No 1234/2007 ( 1 ) provided that it is established that
of stocks as referred to in paragraph 4 shall be made for each
no export refund has already been paid in respect of those
product or group of products subject to a different import duty.
products or their constituents.
Article 4
Article 8
Census of public stocks
No double payment of market support measures
By 1 October 2013 at the latest, Croatia shall communicate the
list and the quantities of goods which are in its public stocks as
Any product for which an export refund has been paid shall not
referred to in Section 3 of Annex IV to the Act of Accession.
be eligible for any intervention measure or aid as laid down in
Article 3 of Council Regulation (EC) No 1290/2005 ( 2 ).
Article 5
National security stocks
Article 9
The stocks as referred to in Article 3(4) and Article 4 shall not
Entry into force and applicability
include national security stocks which may possibly have been
This Regulation shall enter into force subject to and on the date
constituted by Croatia. Croatia shall inform the Commission of
of the entry into force of the Treaty of Accession of Croatia.
all changes made to national security stocks together with the
conditions governing the changes for the purposes of estab
lishing the Union supply balance.
It shall apply until 30 June 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 209, 11.8.2005, p. 1.

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EN
26.3.2013 Official
Journal
of
the
European
Union
L
86/9
ANNEX
LIST OF PRODUCTS REFERRED TO IN ARTICLE 1
CN code Description
0201 Meat
of
bovine
animals,
fresh
or
chilled
0202 Meat
of
bovine
animals,
frozen
0203 21 Meat
of
swine,
fresh,
chilled
or
frozen:
– Frozen:
– – Carcases and half-carcases
0203 22 –
– Hams, shoulders and cuts thereof, with bone in
0203 29 –
– Other
0204
Meat of sheep or goats, fresh, chilled or frozen
0206 10 Edible
offal
of
bovine
animals,
swine,
sheep,
goats,
horses,
asses,
mules
or
hinnies,
fresh,
chilled
or
frozen:
– Of bovine animals, fresh or chilled
0206 29 –
– Other
0207 12
Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen
– Of fowls of the species Gallus domesticus
– – Not cut in pieces, frozen
0207 14 –
– Cuts and offal, frozen
0207 25
– Of turkeys
– – Not cut in pieces, frozen
0207 27 –
– Cuts and offal, frozen
0210
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat
offal
0402 10
Milk and cream, concentrated or containing added sugar or other sweetening matter:
– In powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5 %
0402 21
– In powder, granules or other solid forms, of a fat content, by weight, exceeding 1,5 %;
– – Not containing added sugar or other sweetening matter
0402 29 –
– Other
0405 Butter
and
other
fats
and
oils
derived
from
milk;
dairy
spreads
0406 Cheese
and
curd
0703 20 00 Garlic,
fresh
or
chilled
0711 51 00 Mushrooms
of
the
genus Agaricus, provisionally preserved (for example, by sulphur dioxide gas, in
brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate
consumption

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L 86/10
EN
Official Journal of the European Union
26.3.2013
CN code Description
0811 10 11
Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing
sugar or other sweetening matter,
– – containing added sugar or other sweetening matter
– – – with a sugar content exceeding 13 % by weight
0811 10 19
Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing
sugar or other sweetening matter,
– – containing added sugar or other sweetening matter
– – – other, with a sugar content not exceeding 13 % by weight
0811 10 90
Strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing
sugar or other sweetening matter,
– other than containing added sugar or other sweetening matter
1001 Wheat
and
meslin
1002 Rye
1003 Barley
1004 Oats
1005 Maize
(corn)
1006 10 Rice
in
the
husk
(paddy
or
rough)
1006 20 Husked
(brown)
rice
1006 30
Semi-milled or wholly milled rice, whether or not polished or glazed
1006 40 00 Broken
rice
1007 Grain
sorghum
1008 Buckwheat,
millet
and
canary
seed;
other
cereals
1101 00 Wheat
or
meslin
flour
1102 Cereal
flours
other
than
of
wheat
or
meslin
1103 Cereal
groats,
meal
and
pellets
1104 Cereal
grains
otherwise
worked
(for
example,
hulled,
rolled,
flaked,
pearled,
sliced
or
kibbled),
except
rice of heading 1006; germ of cereals, whole, rolled, flaked or ground
1107 Malt,
whether
or
not
roasted
1108 Starches;
inulin
1109 00 00 Wheat
gluten,
whether
or
not
dried
1602
Other prepared or preserved meat, meat offal or blood
2003 10 Mushrooms
of
the
genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid

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EN
26.3.2013 Official
Journal
of
the
European
Union L
86/11
CN code Description
2008 30 55 Citrus
fruit,
otherwise
prepared
or
preserved,
not
containing
added
spirit
but
containing
added
sugar,
in immediate packings of a net content exceeding 1 kg:
– – – – Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus
hybrids
2008 30 75 Citrus
fruit,
otherwise
prepared
or
preserved,
not
containing
added
spirit
but
containing
added
sugar,
in immediate packings of a net content not exceeding 1 kg:
– – – – Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus
hybrids
Ex 2008 30 90
Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids
– – – Not containing added sugar
2008 70 92 Peaches,
including
nectarines;
– – – Not containing added spirit and sugar, in immediate packings of a net content of 5 kg or more
2204 30
– Other grape must
2207
– Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol
and other spirits, denatured, of any strength
2208 90 91 –
– Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol, in containers
holding:
– – – 2 litres or less
2208 90 99
– – – More than 2 litres

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