1.Exemption from customs duty for the tariff quotas under order numbers 09.1526, 09.1527, 09.1558, 09.1559, 09.1570 and 09.1572 applies subject to the requirement that the imported wines do not benefit from export subsidies.
2.A VI-1 document or a VI-2 extract drawn up in accordance with Article 22 of Commission Delegated Regulation (EU) 2018/273(1) shall be presented to the customs authorities of the Union.
3.In accordance with Protocol 2 to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part(2) concluded by Council and Commission Decision 2013/490/EU(3), if Serbia pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas under order numbers 09.1526 and 09.1527 shall be suspended.
4.Consultations at the request of one of the Contracting Parties referred to in paragraph 3 may be held to adapt the tariff quotas under order numbers 09.1526 and 09.1527 by transferring quantities from the tariff quota under order number 09.1527 to the tariff quota under order number 09.1526.
5.In accordance with the Additional Protocol adjusting the trade aspects of 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, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks(4) (‘additional protocol on wine’), concluded by Council Decision 2001/916/EC(5), if North Macedonia pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas provided for in the additional protocol shall be suspended.
6.Notwithstanding the conditions laid down in point (5)(a) of Annex I to the additional protocol on wine, imports of wine within the Union tariff quotas under order numbers 09.1558 and 09.1559 shall be subject to the provisions of Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation 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(6), approved by Council and Commission Decision 2004/239/EC, Euratom(7).
7.Consultations at the request of one of the Contracting Parties referred to in paragraph 6 may be held to adapt the tariff quotas under order numbers 09.1558 and 09.1559 by transferring quantities above 6 000 hl from the tariff quota under order number 09.1559 to the tariff quota under order number 09.1558.
8.In accordance with the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part(8), concluded by Council Decision (EU) 2016/342(9), if Kosovo(10) pays export subsidies in respect of the relevant products, the exemption from customs duty within the tariff quotas under order numbers 09.1570 and 09.1572 shall be suspended.
9.For tariff quotas under order numbers 09.1570 and 09.1572 the VI-1 document shall mention compliance with the requirement set out in paragraph 1 as follows: ‘The products listed on this certificate do not benefit from export subsidies’.
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).
Council and Commission Decision of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).
Council Decision 2001/916/EC of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of 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, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (OJ L 342, 27.12.2001, p. 6).
Council and Commission Decision 2004/239/EC, Euratom of 23 February 2004 concerning the conclusion of 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 (OJ L 84, 20.3.2004, p. 1).
Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part (OJ L 71, 16.3.2016, p. 1).
This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.