Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, 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

COUNCIL DECISION

Brussels, 6.10.2016

COM(2016) 640 final

2016/0311(NLE)

Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States,of the Protocol to the Stabilisation and Association Agreement betweenthe European Communities and their Member States, of the one part, andBosnia and Herzegovina, of the other part, to take accountof the accession of the Republic of Croatia to the European Union

2016/0311 (NLE)

Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, 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

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the conclusion of a 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 (hereinafter referred to as 'the Protocol').

According to its Act of Accession, Croatia shall accede to the international agreements signed or concluded by the European Union and its Member States by means of a Protocol to those agreements.

The Stabilisation and Association Agreement between the European Communities and its Member States, of the one part, and Bosnia and Herzegovina, of the other part, hereinafter referred to as 'the Agreement', was signed in Luxembourg on 16 June 2008 and entered into force on 1 June 2015.

On 24 September 2012 the Council authorised the Commission to open negotiations, on behalf of the European Union and its Member States and the Republic of Croatia, with Bosnia and Herzegovina in order to conclude a 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.

Several rounds of negotiations took place between 13 December 2012 and 28 April 2016. Following further technical consultations and correspondence, the Protocol was initialled by the Commission and Bosnia and Herzegovina on 18 July 2016.

The Commission proposes that the Council decides on the conclusion of the Protocol on behalf of the European Union and its Member States. Signature and provisional application of the Protocol are subject to a proposal for a separate Council decision. The conclusion of the Protocol on behalf of the European Atomic Energy Community (EAEC) follows a separate procedure, by which the Commission recommends that the Council gives its approval, pursuant to the second paragraph of Article 101 of the Treaty establishing the EAEC.

The attached proposal is for a Council decision on the conclusion of the Protocol. The Commission proposes that the Council:

concludes the Protocol on behalf of the European Union and its Member States.

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States,
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

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of the second subparagraph of Article 218(6) and the second subparagraph of Article 218(8) thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

In accordance with Council Decision 2016/…/EU ¹ 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 Union (the "Protocol"), was signed on […], subject to its conclusion at a later date.
The conclusion of the Protocol is subject to a separate procedure as regards matters falling under the Treaty establishing the European Atomic Energy Community.
The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

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 is approved on behalf of the Union and its Member States ³ .

Article 2

The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 7 of the Protocol.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

ANNEX to the COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, 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

Brussels, 6.10.2016

COM(2016) 640 final

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

THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Contracting Parties to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the 'Member States', and

THE EUROPEAN UNION and THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as 'the European Union',

of the one part, and

BOSNIA AND HERZEGOVINA,

of the other part,

Having regard to the accession of the Republic of Croatia (hereinafter referred to as 'Croatia') to the European Union on 1 July 2013,

Whereas:

The Interim Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, was signed in Luxemburg on 16 June 2008 and was in force from 1 July 2008 until 31 May 2015.

The Treaty concerning the accession of Croatia to the European Union (hereinafter referred to as 'the Treaty of Accession') was signed in Brussels on 9 December 2011.

Croatia acceded to the European Union on 1 July 2013.

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 (hereinafter referred to as 'SAA') was signed in Luxembourg on 16 June 2008 and entered into force on 1 June 2015.

Pursuant to Article 6(2) of the Act of Accession of Croatia, the accession of Croatia to the SAA shall be agreed by the conclusion of a protocol to the SAA.

Consultations pursuant to Article 37(3) of the SAA have taken place so as to ensure that account is taken of the mutual interests of the European Union and Bosnia and Herzegovina stated in that Agreement,

HAVE AGREED AS FOLLOWS:

Section I

Contracting Parties

Article 1

Croatia shall be Party 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 (hereinafter referred to as 'SAA') signed in Luxembourg on 16 June 2008 and shall respectively adopt and take note, in the same manner as the other Member States of the European Union, of the texts of the SAA, as well as of the Joint Declarations, and the Unilateral Declarations annexed to the Final Act signed on the same date.

Section II

ADJUSTMENTS TO THE TEXT OF THE SAA INCLUDING ITS ANNEXES AND PROTOCOLS

AGricultural Products

Article 2

Agricultural Products sensu stricto

1. In Article 27 (3) of the SAA the following new subparagraph two is added:

From the date of entry into force of the Protocol to take account of the accession of Croatia to the European Union or, in case this Protocol is applied provisionally, from the date of its provisional application, the annual tariff quota set out in the first subparagraph shall be 13 210 tonnes (net weight).

2. In Article 27 of the SAA the following new paragraph 4a is added:

4a. In addition to paragraph 4, from the date of entry into force of the Protocol to take account of the accession of Croatia to the European Union or, in case this Protocol is applied provisionally, from the date of its provisional application Bosnia and Herzegovina shall abolish the customs duties applicable on imports of certain agricultural products originating in the Union, listed in Annex III (f) within the limit of the tariff quota indicated for the products concerned.

3. Annex I to this Protocol shall be added as Annex III (f) to the SAA and shall form an integral part of the SAA.

Article 3

Fish and fishery products

1. In Article 28 of the SAA the following paragraph shall be added as paragraph 1a:

1a. From the date of entry into force of the Protocol to take account of the accession of Croatia to the European Union or, in case this Protocol is applied provisionally, from the date of its provisional application, the Union shall abolish all customs duties or charges having equivalent effect of fish and fishery products originating in Bosnia and Herzegovina, other than those listed in Annex IVa. Products listed in Annex IVa shall be subject to the provisions laid down therein.

2. In Article 28 of the SAA the following paragraph shall be added as paragraph 3:

3. From the date of entry into force of the Protocol to take account of the accession of Croatia to the European Union or, in case this Protocol is applied provisionally, from the date of its provisional application, Bosnia and Herzegovina shall open a duty free quota for imports of live carp under CN code 0301 93 00 within the limit of an annual tariff quota of 75 tonnes. Imports outside the quota limits shall be subject to the duties laid down in Annex V to the SAA.

3. Annex II to this Protocol shall be added as Annex IVa to the SAA and shall form an integral part of the SAA.

Article 4

Processed agricultural products

Annex III to this Protocol shall be added as Annex III to Protocol 1 to the SAA and shall form an integral part of the SAA.

Article 5

Wine Agreement

From the date of entry into force of the Protocol to take account of the accession of Croatia to the European Union or, in case this Protocol is applied provisionally, from the date of its provisional application, Annex I to Protocol 7 to the SAA referred to in Article 27 (5) of the SAA shall be amended as set out in Annex IV to this Protocol.

Section III

GENERAL AND FINAL PROVISIONS

Article 6

This Protocol and the Annexes thereto shall form an integral part of the SAA.

Article 7

1. This Protocol shall be approved by the European Union and its Member States and by Bosnia and Herzegovina in accordance with their own procedures.

2. The Parties shall notify each other of the completion of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

Article 8

1. This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.

2. If not all the instruments of approval of this Protocol have been deposited before the first day of the second month following the date of signature, this Protocol shall apply provisionally. The date of provisional application shall be the first day of the second month following the date of signature.

Article 9

This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Irish, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish, Bosnian and Serbian languages, each of these texts being equally authentic.

ANNEXES

ANNEX I

'ANNEX III (f)

TARIFF CONCESSIONS OF BOSNIA AND HERZEGOVINA FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE EUROPEAN UNION

(Referred to in Article 27(4a) of the SAA)

From the date of entry into force or provisional application of the Protocol to take account of the accession of Croatia to the European Union, duty shall be abolished for the products below within the Tariff Quota quantities set out below. For imports out of quota the MFN duty rate shall apply. For the year 2017 the full amount of the quota shall apply, irrespective of the date of entry into force or provisional application of the Protocol.

CN Code	Description	Tariff quota (tonnes)
0102	Live bovine animals:
	- Cattle:
0102 29	- - Other:
	- - - Other:
	- - - - Of a weight exceeding 300 kg:
	- - - - - Cows:
0102 29 61	- - - - - - For slaughter	1 935
	- - - - - Other:
0102 29 91	- - - - - - For slaughter	190
0103	Live swine:
	- Other:
0103 92	- - Weighing 50 kg or more:
	- - - Domestic species:
0103 92 11	- - - - Sows having farrowed at least once, of a weight of not less than 160 kg	575
0103 92 19	- - - - Other	1 755
0103 92 90	- - - Other	195
0105	Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls:
	- Other:
0105 94 00	- - Fowls of the species Gallus domesticus	1 455
0207	Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen:
	- Of fowls of the species Gallus domesticus:
0207 12	- - Not cut in pieces, frozen:
0207 12 90	- - - Plucked and drawn, without heads and feet and without necks, hearts, livers and gizzards, known as '65 % chickens', or otherwise presented	80
0207 13	- - Cuts and offal, fresh or chilled:
	- - - Cuts:
0207 13 10	- - - - Boneless	90
	- - - - With bone in:
0207 13 30	- - - - - Whole wings, with or without tips	55
0207 13 60	- - - - - Legs and cuts thereof	320
	- - - Offal:
0207 13 99	- - - - Other	25
0207 14	- - Cuts and offal, frozen:
	- - - Cuts:
	- - - - With bone in:
0207 14 20	- - - - - Halves or quarters	30
0207 14 60	- - - - - Legs and cuts thereof	130
	- - - Offal:
0207 14 99	- - - - Other	50
0401	Milk and cream, not concentrated nor containing added sugar or other sweetening matter:
0401 40	- Of a fat content, by weight, exceeding 6 % but not exceeding 10 %:
0401 40 10	- - In immediate packings of a net content not exceeding two litres	80
0401 50	- Of a fat content, by weight, exceeding 10 %:
	- - Not exceeding 21 %:
0401 50 11	- - - In immediate packings of a net content not exceeding two litres	30
0402	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, exceeding 1,5 %:
0402 21	- - Not containing added sugar or other sweetening matter:
	- - - Of a fat content, by weight, not exceeding 27 %:
0402 21 18	- - - - Other	25
0403	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:
0403 90	- Other:
	- - Not flavoured nor containing added fruit, nuts or cocoa:
	- - - Other:
	- - - - Not containing added sugar or other sweetening matter, of a fat content, by weight:
0403 90 51	- - - - - Not exceeding 3 %	500
0403 90 53	- - - - - Exceeding 3 % but not exceeding 6 %	290
0405	Butter and other fats and oils derived from milk; dairy spreads:
0405 10	- Butter:
	- - Of a fat content, by weight, not exceeding 85 %:
	- - - Natural butter:
0405 10 11	- - - - In immediate packings of a net content not exceeding 1 kg	160
0405 10 19	- - - - Other	200
0406	Cheese and curd:
0406 10	- Fresh (unripened or uncured) cheese, including whey cheese, and curd
	- - Of a fat content, by weight, not exceeding 40 %
0406 10 30	- - - Mozzarella, whether or not in a liquid	355
0406 10 50	- - - Other
0406 10 80	- - Other	165
0409 00 00	Natural honey	165
0701	Potatoes, fresh or chilled:
0701 90	- Other:
	- - Other:
0701 90 50	- - - New, from 1 January to 30 June	50
0701 90 90	- - - Other	1 265
0704	Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled:
0704 90	- Other:
0704 90 10	- - White cabbages and red cabbages	280
0706	Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled:
0706 10 00	- Carrots and turnips	50
0806	Grapes, fresh or dried:
0806 10	- Fresh:
0806 10 10	- - Table grapes	45
0809	Apricots, cherries, peaches (including nectarines), plums and sloes, fresh:
	- Cherries:
0809 21 00	- - Sour cherries (Prunus cerasus)	410
0811	Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter:
0811 90	- Other:
	- - Other:
	- - - Cherries:
0811 90 75	- - - - Sour cherries (Prunus cerasus)	70
1601	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products:
	- Other:
1601 00 91	- - Sausages, dry or for spreading, uncooked	285
1602	Other prepared or preserved meat, meat offal or blood:
1602 10 00	- Homogenised preparations	75
1602 20	- Of liver of any animal:
1602 20 90	- - Other	140
	- Of poultry of heading 0105:
1602 31	- - Of turkeys:
	- - - Containing 57 % or more by weight of poultry meat or offal:
1602 31 19	- - - - Other	40
1602 32	- - Of fowls of the species Gallus domesticus
	- Of swine:
	- - - Containing 57 % or more by weight of poultry meat or offal:
1602 32 11	- - - - Uncooked	130
1602 32 19	- - - - Other	30
1602 32 30	- - - Containing 25 % or more but less than 57 % by weight of poultry meat or offal	170
1602 32 90	- - - Other	230
1602 41	- - Hams and cuts thereof:
1602 41 10	- - - Of domestic swine	360
1602 49	- - Other, including mixtures:
	- - - Of domestic swine:
	- - - - Containing by weight 80 % or more of meat or meat offal, of any kind, including fats of any kind or origin:
1602 49 15	- - - - - Other mixtures containing hams (legs), shoulders, loins or collars, and cuts thereof	150
1602 49 30	- - - - Containing by weight 40 % or more but less than 80 % of meat or meat offal, of any kind, including fats of any kind or origin	445
1602 49 50	- - - - Containing by weight less than 40 % of meat or meat offal, of any kind, including fats of any kind or origin	60
1602 50	- Of bovine animals:
	- - Other:
1602 50 31	- - - Corned beef, in airtight containers	70
1602 50 95	- - - Other	295
1701	Cane or beet sugar and chemically pure sucrose, in solid form:
	- Other:
1701 91 00	- - Containing added flavouring or colouring matter	55
1701 99	- - Other:
1701 99 10	- - - White sugar	3 470
2001	Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:
2001 10 00	- Cucumbers and gherkins	265
2001 90	- Other:
2001 90 70	- - Sweet peppers	70
2005	Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:
	- Other vegetables and mixtures of vegetables:
2005 99	- - Other:
2005 99 50	- - - Mixtures of vegetables	245
2005 99 60	- - - Sauerkraut	40

Imports into Bosnia and Herzegovina of the following products shall be subject to the concessions set out below. For imports out of quota the MFN duty rate shall apply. For the year 2017 the full amount of the quota shall apply, irrespective of the date of entry into force or provisional application of the Protocol.

CN Code	Description	Tariff quota (tonnes)
		As of 01.01.2017	As of 01.01.2018	As of 01.01.2019
0401	Milk and cream, not concentrated nor containing added sugar or other sweetening matter:
0401 20	- Of a fat content, by weight, exceeding 1 % but not exceeding 6 %:
	- - Not exceeding 3 %:
0401 20 11	- - - In immediate packings of a net content not exceeding two litres	5 432	9 506	13 580
	- - Exceeding 3 %:
0401 20 91	- - - In immediate packings of a net content not exceeding two litres	720	1 440	1 440
0403	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:
0403 10	- Yogurt:
	- - Not flavoured nor containing added fruit, nuts or cocoa:
	- - - Not containing added sugar or other sweetening matter, of a fat content, by weight:
0403 10 11	- - - - Not exceeding 3 %	1 515	3 030	3 030
0403 10 13	- - - - Exceeding 3 % but not exceeding 6 %	1 520	3 040	3 040
0403 90	- Other:
	- - Not flavoured nor containing added fruit, nuts or cocoa:
	- - - Other:
	- - - - Not containing added sugar or other sweetening matter, of a fat content, by weight:
0403 90 59	- - - - - Exceeding 6 %	1 762.5	3 525	3 525
1601	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products:
	- Other:
1601 00 99	- - Other	1 692.5	3 385	3 385

ANNEX II

'ANNEX IVa

DUTIES APPLICABLE TO GOODS ORIGINATING IN BOSNIA AND HERZEGOVINA ON IMPORT INTO THE EUROPEAN UNION

(Referred to in Article 28 (1a) of the SAA)

From the date of entry into force or provisional application of the Protocol to take account of the accession of Croatia to the European Union, imports from Bosnia and Herzegovina into the European Union shall be subject to the concessions set below. For the year 2017 the full amount of the quota shall apply, irrespective of the date of entry into force or provisional application of the Protocol.

CN Codes	Description	Tariff quota volume (in tonnes)	Rate of duty within quota	Rate of duty over quota
0301 91 00 0302 11 00 0303 14 00 0304 42 00 ex 0304 52 00 0304 82 00 ex 0304 99 21 ex 0305 10 00 ex 0305 39 90 0305 43 00 ex 0305 59 80 ex 0305 69 80	Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption	500	0%	70% of MFN duty
0301 93 00 0302 73 00 0303 25 00 ex 0304 39 00 ex 0304 51 00 ex 0304 69 00 ex 0304 93 90 ex 0305 10 00 ex 0305 31 00 ex 0305 44 90 ex 0305 59 80 ex 0305 69 80	Carp (Cyprinus carpio, Carassius carassius, Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption	140	0%	70% of MFN duty
ex 0301 99 85 0302 85 10 0303 89 50 ex 0304 49 90 ex 0304 59 90 ex 0304 89 90 ex 0304 99 99 ex 0305 10 00 ex 0305 39 90 ex 0305 49 80 ex 0305 59 80 ex 0305 69 80	Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption	30	0%	30% of MFN duty
ex 0301 99 85 0302 84 10 0303 84 10 ex 0304 49 90 ex 0304 59 90 ex 0304 89 90 ex 0304 99 99 ex 0305 10 00 ex 0305 39 90 ex 0305 49 80 ex 0305 59 80 ex 0305 69 80	Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption	30	0%	30% of MFN duty
1604 13 11 1604 13 19 ex 1604 20 50	Prepared or preserved sardines	50	6%	100%
1604 16 00 1604 20 40	Prepared or preserved anchovies	70	12,5%	100%

The duty rate applicable to all products of HS heading 1604 except prepared or preserved sardines and prepared or preserved anchovies is reduced to 70 % of MFN duty rate.

ANNEX III

'ANNEX III TO PROTOCOL 1

TARIFF CONCESSIONS OF BOSNIA AND HERZEGOVINA FOR PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE EUROPEAN UNION

(Referred to in Article 25 of the SAA)

From the date of entry into force or provisional application of the Protocol to take account of the accession of Croatia to the European Union, the import duty shall be abolished within the tariff quota quantities set out below. For imports out of quota the MFN duty rate shall apply. For the year 2017 the full amount of the quota shall apply, irrespective of the date of entry into force or provisional application of the Protocol.

CN Code		Description	Tariff quota (tonnes)
	0403	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:
	0403 10	- Yogurt:
		- - Flavoured or containing added fruit, nuts or cocoa:
		- - - Other, of a milkfat content, by weight:
	0403 10 91	- - - - Not exceeding 3 %	480
	0403 10 93	- - - - Exceeding 3 % but not exceeding 6 %	130
	0403 10 99	- - - - Exceeding 6 %	25
	0403 90	- Other:
		- - Flavoured or containing added fruit, nuts or cocoa:
		- - - Other, of a milkfat content, by weight:
	0403 90 91	- - - - Not exceeding 3 %	530
	0403 90 93	- - - - Exceeding 3 % but not exceeding 6 %	55
	1905	Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:
		- Sweet biscuits; waffles and wafers:
	1905 31	- - Sweet biscuits:
		- - - Completely or partially coated or covered with chocolate or other preparations containing cocoa:
	1905 31 19	- - - - Other	365
		- - - Other:
		- - - - Other:
	1905 31 99	- - - - - Other	600
	1905 32	- - Waffles and wafers:
		- - - Other:
		- - - - Completely or partially coated or covered with chocolate or other preparations containing cocoa:
	1905 32 19	- - - - - Other	300
	1905 90	- Other:
		- - Other:
	1905 90 45	- - - Biscuits	35
	2208	Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:
	2208 20	- Spirits obtained by distilling grape wine or grape marc:
		- - In containers holding 2 litres or less:
	2208 20 29	- - - Other:
ex	2208 20 29	- - - - Grape brandy and grape marc brandy	85
ex	2208 20 29	- - - - Other
	2402	Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes:
	2402 20	- Cigarettes containing tobacco:
	2402 20 90	- - Other	3 200

ANNEX IV

'AMENDMENTS TO ANNEX I TO PROTOCOL 7

The table at Point 1 of Annex I to Protocol 7, on imports of wines into the European Union, shall be replaced by the table below:

The table at Point 3 of Annex I to Protocol 7, on imports of wines into Bosnia and Herzegovina, shall be replaced by the table below: