Definition
1. The provisions of this Chapter shall apply to trade in agricultural and fishery products originating in the Community or in Croatia.
2. The term ‘agricultural and fishery products’ refers to the products listed in Chapters 1 to 24 of the Combined Nomenclature and the products listed in Annex I, § I, (ii) of the Agreement on agriculture (GATT, 1994).
3. This definition includes fish and fisheries products covered by chapter 3, headings 1604 and 1605, and subheadings 0511 91, 2301 20 and ex 1902 20 (‘stuffed pasta containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates’).
Protocol 3 lays down the trade arrangements for processed agricultural products which are listed therein.
1. On the date of entry into force of this Agreement, the Community shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in Croatia.
2. On the date of entry into force of this Agreement, Croatia shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in the Community.
Agricultural products
1. From the date of entry into force of this Agreement, the Community shall abolish the customs duties and charges having equivalent effect on imports of agricultural products originating in Croatia, other than those of heading Nos 0102, 0201, 0202 and 2204 of the Combined Nomenclature.
For the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.
2. From the date of entry into force of this Agreement, the Community shall fix the customs duties applicable to imports into the Community of ‘baby-beef’ products defined in Annex III and originating in Croatia at 20 % of the ad valorem duty and 20 % of the specific duty as laid down in the Common Customs Tariff of the European Communities, within the limit of an annual tariff quota of 9 400 tonnes expressed in carcase weight.
3.
(a)
From the date of entry into force of this Agreement, Croatia shall:
(i)
abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (a);
(ii)
abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (b) within the limits of tariff quotas indicated for each product in that Annex. The tariff quotas will be increased yearly by a quantity indicated for each product in that Annex.
(b)
From the first year after the date of entry into force of this Agreement, Croatia shall
(i)
abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (c).
(c)
From the date of entry into force of this Agreement, Croatia shall
(i)
abolish progressively the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (d) within the limits of tariff quotas and in accordance with the timetable indicated for each product in that Annex.
(ii)
reduce progressively to 50 % of the MFN duty the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (e) in accordance with the timetable indicated for each product in that Annex.
(iii)
reduce progressively to 50 % of the MFN duty the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex IV (f) within the limits of tariff quotas in accordance with the timetable indicated for each product in that Annex.
4. The trade arrangements to apply to wine and spirit products will be defined in an additional protocol on wine and spirits.
Fisheries products
1. From the entry into force of this Agreement, the Community shall totally eliminate customs duties on fish and fisheries products, other than those listed in Annex V (a), originating in Croatia. Products listed in Annex V (a) shall be subject to the provisions laid down therein.
2. From the entry into force of this Agreement, Croatia shall abolish all charges having an equivalent effect to a custom duty and totally eliminate customs duties on fish and fisheries products, other than those listed in Annex V (b), originating in the European Community. Products listed in Annex V (b) shall be subject to provisions laid down therein.
Taking account of the volume of trade in agricultural and fishery products between the Parties, of their particular sensitivities, of the rules of the Community common policies and of the Croatian policies for agriculture and fisheries, of the role of agriculture and fisheries in Croatia's economy and of the consequences of the multilateral trade negotiations under the WTO, the Community and Croatia shall examine in the Stabilisation and Association Council, no later than 1 July 2006 product by product and on an orderly and appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to implementing greater liberalisation of the trade in agricultural and fishery products.
The provisions of this Chapter shall in no way affect the application, on a unilateral basis, of more favourable measures by one or the other Party.
Notwithstanding other provisions of this Agreement, and in particular Article 38, given the particular sensitivity of the agricultural and fisheries markets, if imports of products originating in one of the two Parties, which are the subject of concessions granted pursuant to Article 25, 27 and 28, cause serious disturbance to the markets or to their domestic regulatory mechanisms, in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the appropriate measures it deems necessary.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
