2005/40/,: 2005/40/EC, Euratom:
Council and Commission Decision of 13 December 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of


Published: 2005-01-28

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28.1.2005   

EN

Official Journal of the European Union

L 26/1


COUNCIL AND COMMISSION DECISION

of 13 December 2004

concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part

(2005/40/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with Article 300(2), first subparagraph, last sentence and Article 300(3), second subparagraph thereof (1),

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the proposal from the Commission (2),

Having regard to the assent of the European Parliament (3),

Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

Whereas:

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, has been signed on behalf of the European Community, in Luxembourg on 29 October 2001, subject to its possible conclusion at a later date.

(2)

The commercial provisions contained in this Agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans.

(3)

The provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Republic of Croatia that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark.

(4)

The Agreement should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

1.   The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, the Annexes and Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Community and the European Atomic Energy Community.

2.   The texts referred to in paragraph 1 are attached to this Decision.

Article 2

1.   The position to be taken by the Community within the Stabilisation and Association Council and within the Stabilisation and Association Committee when the latter is empowered to act by the Stabilisation and Association Council shall be determined by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties.

2.   The President of the Council shall, in accordance with Article 111 of the Stabilisation and Association Agreement, preside over the Stabilisation and Association Council. A representative of the Commission shall preside over the Stabilisation and Association Committee, in accordance with the Rules of Procedure thereof.

3.   The decision to publish the decisions of the Stabilisation and Association Council and the Stabilisation and Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council and the Commission respectively.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the European Community, to deposit the act of notification provided for in Article 127 of the Agreement. The President of the Commission shall deposit the said act of notification on behalf of the European Atomic Energy Community.

Done at Brussels, 13 December 2004

For the Council

The President

B. R. BOT

For the Commission

The President

J. M. BARROSO


(1)  The European Community has taken over all rights and obligations of the European Coal and Steel Community, following the latter's expiry on 23 July 2002 (OJ L 194, 23.7.2002, p. 35 and 36).

(2)  OJ C 332 E, 27.11.2001, p. 2.

(3)  OJ C 177 E, 25.7.2002, p. 122.


STABILISATION AND ASSOCIATION AGREEMENT

between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community, the Treaty establishing the European Atomic Energy Community, and the Treaty on European Union,

hereinafter referred to as ‘Member States’, and

THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY, THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as the ‘Community’,

of the one part, and

THE REPUBLIC OF CROATIA, hereinafter referred to as ‘Croatia’,

of the other part,

CONSIDERING the strong links between the Parties and the values that they share, their desire to strengthen those links and establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Croatia to further strengthen and extend the relations with the Community,

CONSIDERING the importance of this Agreement, in the framework of the Stabilisation and Association process with the countries of south-eastern Europe, in the establishment and consolidation of a stable European order based on cooperation, of which the European Union is a mainstay, as well as in the framework of the Stability Pact,

CONSIDERING the commitment of the Parties to contribute by all means to the political, economic and institutional stabilisation in Croatia as well as in the region, through the development of civic society and democratisation, institution building and public administration reform, enhanced trade and economic cooperation, wide-ranging cooperation, including in justice and home affairs, and the strengthening of national and regional security,

CONSIDERING the commitment of the Parties to increasing political and economic freedoms as the very basis of this Agreement, as well as their commitment to respect human rights and the rule of law, including the rights of persons belonging to national minorities, and democratic principles through a multiparty system with free and fair elections,

CONSIDERING that Croatia reaffirms its commitment to the right of return for all refugees and displaced persons and to the protection of their related rights,

CONSIDERING the commitment of the Parties to the full implementation of all principles and provisions of the UN Charter, of the OSCE, notably those of the Helsinki Final Act, the concluding documents of the Madrid and Vienna Conferences, the Charter of Paris for a New Europe, and of the Stability Pact for south-eastern Europe, as well as to compliance with the obligations under the Dayton/Paris and Erdut agreements, so as to contribute to regional stability and cooperation among the countries of the region,

CONSIDERING the commitment of the Parties to the principles of free market economy and the readiness of the Community to contribute to the economic reforms in Croatia,

CONSIDERING the commitment of the Parties to free trade, in compliance with the rights and obligations arising out of the WTO,

DESIROUS of establishing regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy of the European Union,

CONVINCED that the Stabilisation and Association Agreement will create a new climate for economic relations between them and above all for the development of trade and investment, factors crucial to economic restructuring and modernisation,

BEARING IN MIND the commitment by Croatia to approximate its legislation in the relevant sectors to that of the Community,

TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reform and reconstruction, and to use all available instruments of cooperation and technical, financial and economic assistance on a comprehensive indicative multiannual basis to this endeavour,

CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as a part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies Croatia that it has become bound as part of the European Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark,

RECALLING the Zagreb Summit, which called for further consolidation of relations between the countries of the Stabilisation and Association Process and the European Union as well as enhanced regional cooperation,

RECALLING the European Union's readiness to integrate to the fullest possible extent Croatia into the political and economic mainstream of Europe and its status as a potential candidate for EU membership on the basis of the Treaty on European Union and fulfilment of the criteria defined by the European Council in June 1993, subject to the successful implementation of this Agreement, notably regarding regional cooperation,

HAVE AGREED AS FOLLOWS:

Article 1

1.   An Association is hereby established between the Community and its Member States, of the one part and Croatia, of the other part.

2.   The aims of this Association are:

to provide an appropriate framework for political dialogue, allowing the development of close political relations between the Parties;

to support the efforts of Croatia to develop its economic and international cooperation, also through the approximation of its legislation to that of the Community;

to support the efforts of Croatia to complete the transition into a market economy, to promote harmonious economic relations and develop gradually a free trade area between the Community and Croatia;

to foster regional cooperation in all the fields covered by this Agreement.

TITLE I

GENERAL PRINCIPLES

Article 2

Respect for the democratic principles and human rights as proclaimed in the Universal Declaration of Human Rights and as defined in the Helsinki Final Act and the Charter of Paris for a New Europe, respect for international law principles and the rule of law as well as the principles of market economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement.

Article 3

International and regional peace and stability and the development of good neighbourly relations are central to the Stabilisation and Association Process referred to in the conclusions of the Council of the European Union on 21 June 1999. The conclusion and the implementation of this Agreement come within the framework of the conclusions of the Council of the European Union of 29 April 1997, and are based on the individual merits of Croatia.

Article 4

Croatia commits itself to continue and foster cooperation and good neighbourly relations with the other countries of the region including an appropriate level of mutual concessions concerning the movement of persons, goods, capital and services as well as the development of projects of common interest, notably those related to refugee return and combating organised crime, corruption, money laundering, illegal migration and trafficking. This commitment constitutes a key factor in the development of the relations and cooperation between the Parties and thus contributes to regional stability.

Article 5

1.   The Association shall be implemented progressively and shall be fully realised at the latest within six years after the entry into force of this Agreement.

2.   The Stabilisation and Association Council established under Article 110 shall regularly review the application of this Agreement and the accomplishment by Croatia of legal, administrative, institutional and economic reforms in the light of the preamble and in accordance with the general principles laid down in this Agreement.

Article 6

The Agreement shall be fully compatible with the relevant WTO provisions, in particular Article XXIV of the GATT 1994 and Article V of the GATS.

TITLE II

POLITICAL DIALOGUE

Article 7

Political dialogue between the Parties shall be established within the context of this Agreement. It shall accompany and consolidate the rapprochement between the European Union and Croatia and contribute to the establishment of close links of solidarity and new forms of cooperation between the Parties.

The political dialogue is intended to promote in particular:

Croatia's full integration into the community of democratic nations and gradual rapprochement with the European Union;

an increasing convergence of positions of the Parties on international issues, also through the exchange of information as appropriate, and, in particular, on those issues likely to have substantial effects on the Parties;

regional cooperation and the development of good neighbourly relations;

common views on security and stability in Europe, including cooperation in the areas covered by the Common Foreign and Security Policy of the European Union.

Article 8

1.   Political dialogue shall take place within the Stabilisation and Association Council, which shall have general responsibility for any matter which the Parties might wish to put to it.

2.   At the request of the Parties, political dialogue may also take place in the following formats:

meetings, where necessary, of senior officials representing Croatia, on the one hand, and the Presidency of the Council of the European Union and the Commission, on the other;

taking full advantage of all diplomatic channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE, the Council of Europe and other international fora;

any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue.

Article 9

Political dialogue at parliamentary level shall take place within the framework of the Stabilisation and Association Parliamentary Committee established under Article 116.

Article 10

Political dialogue may take place within a multilateral framework, and as a regional dialogue including other countries of the region.

TITLE III

REGIONAL COOPERATION

Article 11

In conformity with its commitment to peace and stability, and to the development of good neighbourly relations, Croatia will actively promote regional cooperation. The Community will also support projects having a regional or cross-border dimension through its technical assistance programmes.

Whenever Croatia envisages to reinforcing its cooperation with one of the countries mentioned in Articles 12 to 14 below, it shall inform and consult the Community and its Member States in accordance with the provisions laid down in Title X.

Article 12

Cooperation with other countries having signed a Stabilisation and Association Agreement

After the signature of this Agreement, Croatia shall start negotiations with the country or the countries which have already signed a Stabilisation and Association Agreement with a view to concluding bilateral conventions on regional cooperation, the aim of which will be to enhance the scope of cooperation between the countries concerned.

The main elements of these conventions will be:

political dialogue;

the establishment of a free trade area between the parties, consistent with the relevant WTO provisions;

mutual concessions concerning the movement of workers, establishment, supply of services, current payments and movement of capital as well as other policies related to the movement of persons at an equivalent level to that of this Agreement;

provisions on cooperation in other fields whether or not covered by this Agreement, and notably the field of Justice and Home Affairs.

These conventions will contain provisions for the creation of the necessary institutional mechanisms, as appropriate.

These conventions shall be concluded within two years after the entry into force of this Agreement. Readiness by Croatia to conclude such conventions will be a condition for the further development of the relations between Croatia and the European Union.

Article 13

Cooperation with other countries concerned by the Stabilisation and Association Process

Croatia shall engage in regional cooperation with the other countries concerned by the Stabilisation and Association Process in some or all the fields of cooperation covered by this Agreement, and notably those of common interest. Such cooperation should be compatible with the principles and objectives of this Agreement.

Article 14

Cooperation with countries candidates for EU accession

Croatia may foster its cooperation and conclude a convention on regional cooperation with any country candidate for EU accession in any of the fields of cooperation covered by this Agreement. Such convention should aim gradually to align bilateral relations between Croatia and that country to the relevant part of the relations between the European Community and its Member States and that country.

TITLE IV

FREE MOVEMENT OF GOODS

Article 15

1.   The Community and Croatia shall gradually establish a free trade area over a period lasting a maximum of six years starting from the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the GATT 1994 and the WTO. In so doing they shall take into account the specific requirements laid down hereinafter.

2.   The Combined Nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.

3.   For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be the duty actually applied erga omnes on the day preceding the signature of this Agreement or the duty bound in the WTO for the year 2002, whichever is the lowest.

4.   If, after the signature of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting from the tariff negotiations in the WTO, such reduced duties shall replace the basic duty referred to in paragraph 3 as from the date when such reductions are applied.

5.   The Community and Croatia shall communicate to each other their respective basic duties.

CHAPTER I

INDUSTRIAL PRODUCTS

Article 16

1.   The provisions of this Chapter shall apply to products originating in the Community or in Croatia listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I. § I, (ii) of the Agreement on agriculture (GATT 1994).

2.   The provisions of Articles 17 and 18 shall neither apply to textile products nor to steel products of Chapter 72 of the Combined Nomenclature, as specified in Articles 22 and 23.

3.   Trade between the Parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that Treaty.

Article 17

1.   Customs duties on imports into the Community of products originating in Croatia shall be abolished upon the entry into force of this Agreement.

2.   Quantitative restrictions on imports into the Community and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement with regard to products originating in Croatia.

Article 18

1.   Customs duties on imports into Croatia of goods originating in the Community other than those listed in Annexes I and II shall be abolished upon the entry into force of this Agreement.

2.   Customs duties on imports into Croatia of goods originating in the Community which are listed in Annex I shall be progressively reduced in accordance with the following timetable:

on the entry into force of the Agreement each duty shall be reduced to 60 % of the basic duty

on 1 January 2003 each duty shall be reduced to 30 % of the basic duty;

on 1 January 2004 the remaining duties shall be abolished.

3.   Customs duties on imports into Croatia of goods originating in the Community which are listed in Annex II shall be progressively reduced and eliminated in accordance with the following timetable:

on the entry into force of the Agreement each duty shall be reduced to 70 % of the basic duty;

on 1 January 2003 each duty shall be reduced to 50 % of the basic duty;

on 1 January 2004 each duty shall be reduced to 40 % of the basic duty;

on 1 January 2005 each duty shall be reduced to 30 % of the basic duty;

on 1 January 2006 each duty shall be reduced to 15 % of the basic duty;

on 1 January 2007 the remaining duties shall be abolished.

4.   Quantitative restrictions on imports into Croatia of goods originating in the Community and measures having equivalent effect shall be abolished upon the date of entry into force of this Agreement.

Article 19

The Community and Croatia shall abolish upon the entry into force of this Agreement in trade between themselves any charges having an effect equivalent to customs duties on imports.

Article 20

1.   The Community and Croatia shall abolish any customs duties on exports and charges having equivalent effect upon the entry into force of this Agreement.

2.   The Community and Croatia shall abolish between themselves any quantitative restrictions on exports and measures having equivalent effect upon the entry into force of this Agreement.

Article 21

Croatia declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 18, if its general economic situation and the situation of the economic sector concerned so permit.

The Stabilisation and Association Council shall make recommendations to this effect.

Article 22

Protocol 1 lays down the arrangements applicable to the textile products referred to therein.

Article 23

Protocol 2 lays down the arrangements applicable to the steel products of Chapter 72 of the Combined Nomenclature referred to therein.

CHAPTER II

AGRICULTURE AND FISHERIES

Article 24

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’).

Article 25

Protocol 3 lays down the trade arrangements for processed agricultural products which are listed therein.

Article 26

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.

Article 27

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.

Article 28

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.

Article 29

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.

Article 30

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.

Article 31

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.

CHAPTER III

COMMON PROVISIONS

Article 32

The provisions of this Chapter shall apply to trade in all products between the Parties except where otherwise provided herein or in Protocols 1, 2 and 3.

Article 33

Standstill

1.   From the date of entry into force of this Agreement, no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in trade between the Community and Croatia.

2.   From the date of entry into force of this Agreement, no new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced, nor shall those existing be made more restrictive, in trade between the Community and Croatia.

3.   Without prejudice to the concessions granted under Article 26, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuit of the respective agricultural policies of Croatia and the Community or the taking of any measures under those policies in so far as the import regime in the Annexes III, IV (a), (b), (c), (d), (e), (f) and V (a) and (b) is not affected.

Article 34

Prohibition of fiscal discrimination

1.   The Parties shall refrain from, and abolish where existing, any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.

2.   Products exported to the territory of one of the Parties may not benefit from repayment of internal indirect taxation in excess of the amount of indirect taxation imposed on them.

Article 35

The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.

Article 36

Customs unions, free trade areas, cross-border arrangements

1.   This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement.

2.   During the transitional periods specified in Article 18, this Agreement shall not affect the implementation of the specific preferential arrangements governing the movement of goods either laid down in frontier agreements previously concluded between one or more Member States and the Socialist Federal Republic of Yugoslavia and succeeded to by Croatia or resulting from the bilateral agreements specified in Title III concluded by Croatia in order to promote regional trade.

3.   Consultations between the Parties shall take place within the Stabilisation and Association Council concerning the agreements described in paragraphs 1 and 2 of this Article and, where requested, on other major issues related to their respective trade policies towards third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Croatia stated in this Agreement.

Article 37

Dumping

1.   If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the GATT 1994, it may take appropriate measures against this practice in accordance with the Agreement on implementation of Article VI of the GATT 1994 and its own related internal legislation.

2.   As regards paragraph 1 of this Article, the Stabilisation and Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping within the meaning of Article VI of the GATT or no other satisfactory solution has been reached within 30 days of the matter being referred to the Stabilisation and Association Council, the importing Party may adopt the appropriate measures.

Article 38

General safeguard clause

1.   Where any product of one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:

serious injury to the domestic industry of like or directly competitive products in the territory of the importing Party; or

serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region of the importing Party,

the importing Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article.

2.   The Community and Croatia shall only apply safeguard measures between themselves in accordance with the provisions of this Agreement. Such measures shall not exceed what is necessary to remedy the difficulties which have arisen, and should normally consist of the suspension of the further reduction of any applicable rate of duty provided for under this Agreement for the product concerned or the increase of the rate of duty for that product. Such measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest. Measures shall not be taken for a period exceeding one year. In very exceptional circumstances, measures may be taken up to a total maximum period of three years. No safeguard measure shall be applied to the import of a product that has previously been subject to such a measure for a period of, at least, three years since the expiry of the measure.

3.   In the cases specified in this Article, before taking the measures provided for therein or, in the cases to which paragraph 4(b) applies, as soon as possible, the Community or Croatia, as the case may be, shall supply the Stabilisation and Association Council with all relevant information, with a view to seeking a solution acceptable to the two Parties.

4.   For the implementation of the above paragraphs the following provisions shall apply:

(a)

The difficulties arising from the situation referred to in this Article shall be referred for examination to the Stabilisation and Association Council, which may take any decisions needed to put an end to such difficulties.

If the Stabilisation and Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred to the Stabilisation and Association Council, the importing Party may adopt the appropriate measures to remedy the problem in accordance with this Article. In the selection of safeguard measures, priority must be given to those which least disturb the functioning of the arrangements established in this Agreement.

(b)

Where exceptional and critical circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Party concerned may, in the situations specified in this Article, apply forth with precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

5.   The safeguard measures shall be notified immediately to the Stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.

6.   In the event of the Community or Croatia subjecting imports of products liable to give rise to the difficulties referred to in this Article to an administrative procedure having at its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party.

Article 39

Shortage clause

1.   Where compliance with the provisions of this Title leads to:

(a)

a critical shortage, or threat thereof, of foodstuffs or other products essential to the exporting Party; or

(b)

re-export to a third country of a product against which the exporting Party maintains quantitative export restrictions, export duties or measures or charges having equivalent effect, and where the situations referred to above give rise, or are likely to give rise to major difficulties for the exporting Party

that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article.

2.   In the selection of measures, priority must be given to those which least disturb the functioning of the arrangements in this Agreement. Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination where the same conditions prevail, or a disguised restriction on trade and shall be eliminated when the conditions no longer justify their maintenance.

3.   Before taking the measures provided for in paragraph 1 of this Article or, as soon as possible in cases to which paragraph 4 of this Article applies the Community or Croatia, as the case may be, shall supply the Stabilisation and Association Council with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties within the Stabilisation and Association Council may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of the matter being referred to the Stabilisation and Association Council, the exporting Party may apply measures under this Article on the exportation of the product concerned.

4.   Where exceptional and critical circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Croatia, whichever is concerned, may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

5.   Any measures applied pursuant to this Article shall be immediately notified to the Stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable their elimination as soon as circumstances permit.

Article 40

State monopolies

Croatia shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fourth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and Croatia. The Stabilisation and Association Council shall be informed about the measures adopted to attain this objective.

Article 41

Protocol 4 lays down the rules of origin for the application of tariff preferences provided for in this Agreement.

Article 42

Restrictions authorised

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property, or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 43

Both Parties agree to cooperate to reduce the potential for fraud in the application of the trade provisions of this Agreement.

Notwithstanding other provisions of this Agreement, and in particular Articles 31, 38 and 89 and Protocol 4, where one Party finds that there is sufficient evidence of fraud such as a significant increase in trade of products by one Party to the other Party, beyond the level reflecting economic conditions such as normal production and export capacities, or failure to provide administrative cooperation as required for the verification of evidence of origin by 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. In the selection of the measures priority must be given to those which least disturb the functioning of the arrangements established in this Agreement.

Article 44

The application of this Agreement shall be without prejudice to the application of the provisions of Community law to the Canary Islands.

TITLE V

MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY OF SERVICES, CAPITAL

CHAPTER I

MOVEMENT OF WORKERS

Article 45

1.   Subject to the conditions and modalities applicable in each Member State:

treatment accorded to workers who are Croatian nationals and who are legally employed in the territory of a Member State shall be free of any discrimination based on nationality, as regards working conditions, remuneration or dismissal, compared to its own nationals;

the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements within the meaning of Article 46, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker's authorised stay of employment.

2.   Croatia shall, subject to the conditions and modalities in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said country.

Article 46

1.   Taking into account the labour market situation in the Member States, subject to their legislation and to compliance with the rules in force in the Member States in the area of mobility of workers:

the existing facilities of access to employment for Croatian workers accorded by Member States under bilateral agreements should be preserved and if possible improved;

the other Member States shall examine the possibility of concluding similar agreements.

2.   The Stabilisation and Association Council shall examine the granting of other improvements, including facilities for access to professional training, in accordance with the rules and procedures in force in the Member States, and taking into account the labour market situation in the Member States and in the Community.

Article 47

1.   Rules shall be laid down for the coordination of social security systems for workers with Croatian nationality, legally employed in the territory of a Member State, and for the members of their families legally resident there. To that effect, a decision of the Stabilisation and Association Council, which should not affect any rights or obligations arising from bilateral agreements where the latter provide for more favourable treatment, shall put the following provisions in place:

all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members;

any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States;

the workers in question shall receive family allowances for the members of their families as defined above.

2.   Croatia shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1.

CHAPTER II

ESTABLISHMENT

Article 48

For the purposes of this Agreement:

(a)

‘Community company’ or a ‘Croatian company’ respectively shall mean a company set up in accordance with the laws of a Member State or of Croatia respectively and having its registered office or central administration or principal place of business in the territory of the Community or Croatia respectively.

However, should the company, set up in accordance with the laws of a Member State or of Croatia respectively, have only its registered office in the territory of the Community or of Croatia respectively, the company shall be considered a Community or a Croatian company respectively if its operations possess a real and continuous link with the economy of one of the Member States or of Croatia respectively;

(b)

‘Subsidiary’ of a company shall mean a company which is effectively controlled by the first company;

(c)

‘Branch’ of a company shall mean a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third Parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

(d)

‘Establishment’ shall mean:

(i)

as regards nationals, the right to take up economic activities as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Self-employment and business undertakings by nationals shall not extend to seeking or taking employment in the labour market or confer a right of access to the labour market of another party. The provisions of this Chapter do not apply to those who are not exclusively self-employed;

(ii)

as regards Community or Croatian companies, the right to take up economic activities by means of the setting up of subsidiaries and branches in Croatia or in the Community respectively;

(e)

‘Operations’ shall mean the pursuit of economic activities;

(f)

‘Economic activities’ shall in principle include activities of an industrial, commercial and professional character and activities of craftsmen;

(g)

‘Community national’ and ‘Croatian national’ shall mean respectively a natural person who is a national of one of the Member States or of Croatia ;

(h)

with regard to international maritime transport, including intermodal operations involving a sea leg, nationals of the Member States or of Croatia established outside the Community or Croatia respectively, and shipping companies established outside the Community or Croatia and controlled by nationals of a Member State or Croatian nationals respectively, shall also be beneficiaries of the provisions of this Chapter and Chapter III, if their vessels are registered in that Member State or in Croatia respectively, in accordance with their respective legislation.

(i)

‘Financial services’ shall mean those activities described in Annex VI. The Stabilisation and Association Council may extend or modify the scope of that Annex.

Article 49

1.   Croatia shall facilitate the setting-up of operations on its territory by Community companies and nationals. To that end, it shall grant, upon entry into force of this Agreement:

(i)

as regards the establishment of Community companies treatment no less favourable than that accorded to its own companies or to any third country company, whichever is the better, and;

(ii)

as regards the operation of subsidiaries and branches of Community companies in Croatia, once established, treatment no less favourable than that accorded to its own companies and branches or to any subsidiary and branch of any third country company, whichever is the better.

2.   The Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of Community or Croatian companies on their territory or in respect of their operation, once established, by comparison with their own companies.

3.   The Community and its Member States shall grant, from the entry into force of this Agreement:

(i)

as regards the establishment of Croatian companies, treatment no less favourable than that accorded by Member States to their own companies or to any company of any third country, whichever is the better;

(ii)

as regards the operation of subsidiaries and branches of Croatian companies, established in their territory, treatment no less favourable than that accorded by Member States to their own companies and branches, or to any subsidiary and branch of any third country company, established in their territory, whichever is the better.

4.   Four years after the entry into force of this Agreement, the Stabilisation and Association Council will establish the modalities to extend the above provisions to the establishment of nationals of both Parties to the Agreement to take up economic activities as self-employed persons.

5.   Notwithstanding the provisions of this Article:

(a)

Subsidiaries and branches of Community companies shall have, from the entry into force of this Agreement, the right to use and rent real property in Croatia;

(b)

Subsidiaries of Community companies shall also have the right to acquire and enjoy ownership rights over real property as Croatian companies and as regards public goods/goods of common interest, the same rights as enjoyed by Croatian companies, where these rights are necessary for the conduct of the economic activities for which they are established excluding natural resources, agricultural land, forests and forestry land. Four years after the entry into force of this Agreement the Stabilisation and Association Council shall establish the modalities for extending rights under this paragraph to the excluded sectors.

(c)

Four years after the entry into force of this Agreement, the Stabilisation and Association Council shall examine the possibility of extending the rights under (b), including rights in the excluded sectors, to branches of Community companies.

Article 50

1.   Subject to the provisions of Article 49, with the exception of financial services described in Annex VI, each Party may regulate the establishment and operation of companies and nationals on its territory, in so far as these regulations do not discriminate against companies and nationals of the other Party in comparison with its own companies and nationals.

2.   In respect of financial services, notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owned by a financial service supplier, or to ensure the integrity and stability of the financial system. Such measures shall not be used as a means of avoiding the Party's obligations under the Agreement.

3.   Nothing in the Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

Article 51

1.   The provisions of this Chapter shall not apply to air transport services, inland waterways transport services and maritime cabotage services.

2.   The Stabilisation and Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1.

Article 52

1.   The provisions of Articles 49 and 50 do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons.

2.   The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.

Article 53

In order to make it easier for Community nationals and Croatian nationals to take up and pursue regulated professional activities in Croatia and Community respectively, the Stabilisation and Association Council shall examine which steps are necessary for the mutual recognition of qualifications. It may take all necessary measures to that end.

Article 54

1.   A Community company or a Croatian company established in the territory of Croatia or the Community respectively shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host country of establishment, in the territory of Croatia and the Community respectively, employees who are nationals of the Member States and of Croatia respectively, provided that such employees are key personnel as defined in paragraph 2 and that they are employed exclusively by companies, subsidiaries or branches. The residence and work permits of such employees shall only cover the period of such employment.

2.   Key personnel of the above mentioned companies, herein referred to as ‘organisations’, are ‘intra-corporate transferees’ as defined in (c) of this paragraph in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement:

(a)

Persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent including:

directing the establishment of a department or sub-division of the establishment;

supervising and controlling the work of other supervisory, professional or managerial employees;

having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions;

(b)

Persons working within an organisation who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;

(c)

An ‘intra-corporate transferee’ is defined as a natural person working within an organisation in the territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organisation concerned must have its principal place of business in the territory of a Party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other Party.

3.   The entry into and the temporary presence within the territory of the Community or Croatia of Croatian and Community nationals respectively shall be permitted, when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a) above, within a company, and are responsible for the setting up of a Community subsidiary or branch of a Croatian company or of a Croatian subsidiary or branch of a Community company in a Member State or in Croatia respectively, when:

those representatives are not engaged in making direct sales or supplying services, and

the company has its principal place of business outside the Community or Croatia, respectively, and has no other representative, office, branch or subsidiary in that Member State or in Croatia respectively.

Article 55

During the first three years following the date of entry into force of this Agreement, Croatia may, on a transitional basis, introduce measures which derogate from the provisions of this Chapter as regards the establishment of Community companies and nationals of certain industries which:

are undergoing restructuring, or are facing serious difficulties, particularly where these entail serious social problems in Croatia, or

face the elimination or a drastic reduction of the total market share held by Croatian companies or nationals in a given sector or industry in Croatia, or

are newly emerging industries in Croatia.

Such measures:

(i)

shall cease to apply at the latest five years after the entry into force of this Agreement.

(ii)

shall be reasonable and necessary in order to remedy the situation, and

(iii)

shall not introduce discrimination concerning the activities of Community companies or nationals already established in Croatia at the time of introduction of a given measure, by comparison with Croatian companies or nationals.

While devising and applying such measures, Croatia shall grant preferential treatment wherever possible to Community companies and nationals, and in no case treatment less favourable than that accorded to companies or nationals from any third country. Prior to the adoption of these measures, Croatia shall consult the Stabilisation and Association Council and shall not put them into effect before a one month period has elapsed following the notification to the Stabilisation and Association Council of the concrete measures to be introduced by Croatia, except where the threat of irreparable damage requires the taking of urgent measures, in which case Croatia shall consult the Stabilisation and Association Council immediately after their adoption.

Upon the expiry of the third year following the entry into force of this Agreement Croatia may introduce or maintain such measures only with the authorisation of the Stabilisation and Association Council and under conditions determined by the latter.

CHAPTER III

SUPPLY OF SERVICES

Article 56

1.   The Parties undertake in accordance with the following provisions to take the necessary steps to allow progressively the supply of services by Community or Croatian companies or nationals which are established in a Party other than that of the person for whom the services are intended.

2.   In step with the liberalisation process mentioned in paragraph 1, the Parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 54, including natural persons who are representatives of a Community or Croatian company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.

3.   As from four years after the entry into force of this Agreement, the Stabilisation and Association Council shall take the measures necessary to implement progressively the provisions of paragraph 1. Account shall be taken of the progress achieved by the Parties in the approximation of their laws.

Article 57

1.   The Parties shall not take any measures or actions which render the conditions for the supply of services by Community and Croatian nationals or companies which are established in a Party other than that of the person for whom the services are intended significantly more restrictive as compared to the situation existing on the day preceding the day of entry into force of the Agreement.

2.   If one Party is of the view that measures introduced by the other Party since the entry into force of the Agreement result in a situation which is significantly more restrictive in respect of supply of services as compared with the situation existing at the date of entry into force of the Agreement, such first Party may request the other Party to enter into consultations.

Article 58

With regard to supply of transport services between the Community and Croatia, the following provisions shall apply:

1.

With regard to inland transport, Protocol 6 lays down the rules applicable to the relationship between the Parties in order to ensure, in particular, unrestricted road transit traffic across Croatia and the Community as a whole, the effective application of the principle of non discrimination and progressive harmonisation of the Croatian transport legislation with that of the Community.

2.

With regard to international maritime transport the Parties undertake to apply effectively the principle of unrestricted access to the market and traffic on a commercial basis.

(a)

The above provision does not prejudice the rights and obligations under the United Nations Code of Conduct for Liner Conferences, as applied by one or the other Party to this Agreement. Non-conference liners will be free to operate in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis;

(b)

The Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade.

3.

In applying the principles of paragraph 2, the Parties shall:

(a)

not introduce cargo-sharing clauses in future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;

(b)

prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;

(c)

abolish, upon the entry into force of this Agreement, all unilateral measures and administrative, technical and other obstacles that could have restrictive or discriminatory effects on the free supply of services in international maritime transport.

(d)

Each Party shall grant, inter alia, no less favourable treatment for the ships operated by nationals or companies of the other Party than that accorded to a Party's own ships with regard to access to ports open to international trade, the use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

4.

With a view to ensuring a coordinated development and progressive liberalisation of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport shall be dealt with by special agreements to be negotiated between the Parties after the entry into force of this Agreement.

5.

Prior to the conclusion of the agreement referred to in paragraph 4, the Parties shall not take any measures or actions which are more restrictive or discriminatory as compared with the situation existing prior to the entry into force of this Agreement.

6.

Croatia shall adapt its legislation, including administrative, technical and other rules, to that of the Community existing at any time in the field of air and inland transport insofar as it serves liberalisation purposes and mutual access to markets of the Parties and facilitates the movement of passengers and of goods.

7.

In step with the common progress in the achievement of the objectives of this Chapter, the Stabilisation and Association Council shall examine ways of creating the conditions necessary for improving freedom to provide air and inland transport services.

CHAPTER IV

CURRENT PAYMENTS AND MOVEMENT OF CAPITAL

Article 59

The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Articles of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Community and Croatia.

Article 60

1.   With regard to transactions on the capital and financial account of balance of payments, from the entry into force of the Agreement, the Parties shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title V, and the liquidation or repatriation of these investments and of any profit stemming therefrom.

2.   With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating, and to financial loans and credits, with maturity longer than a year.

As from the entry into force of this Agreement, Croatia shall authorise, by making full and expedient use of its existing procedures, the acquisition of real estate in Croatia by nationals of Member States of the European Union, except for areas and matters listed in Annex VII. Within four years from the entry into force of this Agreement, Croatia shall progressively adjust its legislation concerning the acquisition of real estate in Croatia by nationals of the Member States of the European Union to ensure the same treatment as compared to Croatian nationals. At the end of the fourth year after the entry into force of this Agreement, the Stabilisation and Association Council shall examine the modalities for extending these rights to the areas and matters listed in Annex VII.

The Parties shall also ensure, from the fourth year after the entry into force of this Agreement, free movement of capital relating to portfolio investment and financial loans and credits with maturity shorter than a year.

3.   Without prejudice to paragraph 1, the Parties shall not introduce any new restrictions on the movement of capital and current payments between residents of the Community and Croatia and shall not make the existing arrangements more restrictive.

4.   Without prejudice to the provisions of Article 59 and of this Article, where, in exceptional circumstances, movements of capital between the Community and Croatia cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in the Community or Croatia, the Community and Croatia, respectively, may take safeguard measures with regard to movements of capital between the Community and Croatia for a period not exceeding six months if such measures are strictly necessary.

5.   Nothing in the above provisions shall be taken to limit the rights of economic operators of the Parties from benefiting from any more favourable treatment that may be provided for in any existing bilateral or multilateral agreement involving Parties to this Agreement.

6.   The Parties shall consult each other with a view to facilitating the movement of capital between the Community and Croatia in order to promote the objectives of this Agreement.

Article 61

1.   During the first four years following the date of entry into force of this Agreement, the Parties shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital.

2.   By the end of the fourth year following the date of entry into force of this Agreement, the Stabilisation and Association Council shall determine the modalities for full application of Community rules on the movement of capital.

CHAPTER V

GENERAL PROVISIONS

Article 62

1.   The provisions of this Title shall be applied subject to limitations justified on grounds of public policy, public security or public health.

2.   They shall not apply to activities that in the territory of either Party are connected, even occasionally, with the exercise of official authority.

Article 63

For the purpose of this Title, nothing in this Agreement shall prevent the Parties from applying their laws and regulations regarding entry and stay, employment, working conditions, establishment of natural persons and supply of services, provided that, in so doing, they do not apply them in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of this Agreement. This provision shall be without prejudice to the application of Article 62.

Article 64

Companies which are controlled and exclusively owned jointly by Croatian companies or nationals and Community companies or nationals shall also be covered by the provisions of this Title.

Article 65

1.   The Most-Favoured-Nation treatment granted in accordance with the provisions of this Title shall not apply to the tax advantages that the Parties are providing or will provide in the future on the basis of agreements designed to avoid double taxation or other tax arrangements.

2.   None of the provisions of this Title shall be construed to prevent the adoption or enforcement by the Parties of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements or domestic fiscal legislation.

3.   None of the provisions of this Title shall be construed to prevent Member States or Croatia in applying the relevant provisions of their fiscal legislation, from distinguishing between taxpayers who are not in identical situations, in particular as regards their place of residence.

Article 66

1.   The Parties shall endeavour wherever possible to avoid the imposition of restrictive measures, including measures relating to imports, for balance of payments purposes. A Party adopting such measures shall present as soon as possible to the other Party a timetable for their removal.

2.   Where one or more Member States or Croatia is in serious balance of payments difficulties, or under imminent threat thereof, the Community or Croatia, as the case may be, may, in accordance with the conditions established under the WTO Agreement, adopt restrictive measures, including measures relating to imports, which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Croatia, as the case may be, shall inform the other Party forthwith.

3.   Any restrictive measures shall not apply to transfers related to investment and in particular to the repatriation of amounts invested or reinvested or any kind of revenues stemming therefrom.

Article 67

The provisions of this Title shall be progressively adjusted, notably in the light of requirements arising from Article V of the General Agreement on Trade in Services (GATS).

Article 68

The provisions of this Agreement shall not prejudice the application by either Party of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market through the provisions of this Agreement.

TITLE VI

APPROXIMATION OF LAWS, LAW ENFORCEMENT AND COMPETITION RULES

Article 69

1.   The Parties recognise the importance of the approximation of Croatia's existing legislation to that of the Community. Croatia shall endeavour to ensure that its existing laws and future legislation will be gradually made compatible with the Community acquis.

2.   This approximation will start on the date of signing of the Agreement, and will gradually extend to all the elements of the Community acquis referred to in this Agreement by the end of the period defined in Article 5 of this Agreement. In particular, at an early stage, it will focus on fundamental elements of the Internal Market acquis as well as on other trade-related areas, on the basis of a programme to be agreed between the Commission of the European Communities and Croatia. Croatia will also define, in agreement with the Commission of the European Communities, the modalities for the monitoring of the implementation of approximation of legislation and law enforcement actions to be taken.

Article 70

Competition and other economic provisions

1.   The following are incompatible with the proper functioning of the Agreement, in so far as they may affect trade between the Community and Croatia:

(i)

all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;

(ii)

abuse by one or more undertakings of a dominant position in the territories of the Community or of Croatia as a whole or in a substantial part thereof;

(iii)

any State aid which distorts or threatens to distort competition by favouring certain undertakings or certain products.

2.   Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the competition rules applicable in the Community, in particular from Articles 81, 82, 86 and 87 of the Treaty establishing the European Community and interpretative instruments adopted by the Community institutions.

3.   The Parties shall ensure that an operationally independent public body is entrusted with the powers necessary for the full application of paragraph 1(i) and (ii) of this Article, regarding private and public undertakings and undertakings to which special rights have been granted.

4.   Croatia shall establish an operationally independent authority which is entrusted with the powers necessary for the full application of paragraph 1(iii) of this Article within one year from the date of entry into force of this Agreement. This authority shall have, inter alia, the powers to authorise State aid schemes and individual aid grants in conformity with paragraph 2 of this Article, as well as the powers to order the recovery of State aid that has been unlawfully granted.

5.   Each Party shall ensure transparency in the area of State aid, inter alia by providing to the other Party a regular annual report, or equivalent, following the methodology and the presentation of the Community survey on State aid. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid.

6.   Croatia shall establish a comprehensive inventory of aid schemes instituted before the establishment of the authority referred to in paragraph 4 and shall align such aid schemes with the criteria referred to in paragraph 2 within a period of no more than four years from the entry into force of this Agreement.

7.

(a)

For the purposes of applying the provisions of paragraph 1(iii), the Parties recognise that during the first four years after the entry into force of this Agreement, any public aid granted by Croatia shall be assessed taking into account the fact that Croatia shall be regarded as an area identical to those areas of the Community described in Article 87(3)(a) of the Treaty establishing the European Community.

(b)

Within three years form the entry into force of this Agreement, Croatia shall submit to the Commission of the European Communities its GDP per capita figures harmonised at NUTS II level. The authority referred to in paragraph 4 and the Commission of the European Communities shall then jointly evaluate the eligibility of the regions of Croatia as well as the maximum aid intensities in relation thereto in order to draw up the regional aid map on the basis of the relevant Community guidelines.

8.   With regard to products referred to in Chapters II of Title IV:

paragraph 1 (iii) shall not apply;

any practices contrary to paragraph 1(i) shall be assessed according to the criteria established by the Community on the basis of Articles 36 and 37 of the Treaty establishing the European Community and specific Community instruments adopted on this basis.

9.   If one of the Parties considers that a particular practice is incompatible with the terms of paragraph 1 of this Article, it may take appropriate measures after consultation within the Stabilisation and Association Council or after thirty working days following referral for such consultation.

Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of antidumping or countervailing measures in accordance with the relevant Articles of GATT 1994 and WTO Agreement on Subsidies and Countervailing Measures or related internal legislation.

Article 71

Intellectual, industrial and commercial property

1.   Pursuant to the provisions of this Article and Annex VIII, the Parties confirm the importance that they attach to ensure adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.

2.   Croatia shall take the necessary measures in order to guarantee no later than three years after entry into force of this Agreement a level of protection of intellectual, industrial and commercial property rights similar to that existing in the Community, including effective means of enforcing such rights.

3.   The Stabilisation and Association Council may decide to oblige Croatia to accede to specific multilateral Conventions in this area.

4.   If problems in the area of intellectual, industrial and commercial property affecting trading conditions occur, they shall be referred urgently to the Stabilisation and Association Council, at the request of either Party, with a view to reaching mutually satisfactory solutions.

Article 72

Public contracts

1.   The Parties consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, in particular in the WTO context, to be a desirable objective.

2.   Croatian companies, whether established or not in the Community, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement.

The above provisions will also apply to contracts in the utilities sector once the government of Croatia has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Croatia has indeed introduced such legislation.

Community companies not established in Croatia shall be granted access to contract award procedures in Croatia pursuant to the Law on Public Procurement under treatment no less favourable than that accorded to Croatian companies at the latest three years after the entry into force of this Agreement. Community companies established in Croatia under the provisions of Chapter II of Title V shall have upon entry into force of this Agreement access to contract award procedures under treatment no less favourable than that accorded to Croatian companies.

The Stabilisation and Association Council shall periodically examine the possibility for Croatia to introduce access to award procedures in Croatia for all Community companies.

3.   As regards establishment, operations, supply of services between the Community and Croatia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 45 to 68 are applicable.

Article 73

Standardisation, Metrology, Accreditation and Conformity Assessment

1.   Croatia shall take the necessary measures in order to gradually achieve conformity with Community technical regulations and European standardisation, metrology, accreditation and conformity assessment procedures.

2.   To this end, the Parties shall start at an early stage to:

promote the use of Community technical regulations and European standards, tests and conformity assessment procedures;

conclude, where appropriate, European Conformity Assessment Protocols;

foster the development of the quality infrastructure: standardisation, metrology, accreditation and conformity assessment;

promote the participation of Croatia in the work of specialised European organisations, in particular CEN, CENELEC, ETSI, EA, WELMEC, EUROMET.

Article 74

Consumer protection

The Parties will cooperate in order to align the standards of consumer protection in Croatia on those of the Community. Effective consumer protection is necessary in order to ensure that the market economy functions properly, and this protection will depend on the development of an administrative infrastructure in order to ensure market surveillance and law enforcement in this field.

To that end, and in view of their common interests, the Parties will encourage and ensure:

the harmonisation of legislation and the alignment of consumer protection in Croatia on that in force in the Community;

a policy of active consumer protection including the increase of information and development of independent organisations;

effective legal protection for consumers in order to improve the quality of consumer goods and maintain appropriate safety standards.

TITLE VII

JUSTICE AND HOME AFFAIRS

INTRODUCTION

Article 75

In their cooperation in justice and home affairs the Parties will attach particular importance to the consolidation of the rule of law and the reinforcement of institutions at all levels in the areas of administration in general, and law enforcement and the machinery of justice in particular.

Cooperation in the field of justice will focus in particular on the independence of the judiciary, the improvement of its effectiveness and the training of the legal professions.

COOPERATION IN THE AREA OF MOVEMENT OF PERSONS

Article 76

Visa, border control, asylum and migration

1.   The Parties shall cooperate in the areas of visa, border control, asylum and migration and will set up a framework for cooperation, including at a regional level, in these fields.

2.   Cooperation in the matters referred to in paragraph 1 shall be based on mutual consultations and close coordination between the Parties and should include technical and administrative assistance for:

the exchange of information on legislation and practices;

the drafting of legislation;

enhancing the efficiency of the institutions;

the training of staff;

the security of the travel documents and detection of false documents.

3.   Cooperation will focus in particular:

in the area of asylum on the development and implementation of national legislation to meet the standards of the 1951 Geneva Convention and the 1967 New York Protocol thereby to ensure that the principle of non-refoulement is respected.

in the field of legal migration, on admission rules and rights and status of the persons admitted. In relation to migration, the Parties agree to the fair treatment of nationals of other countries who reside legally on their territories and to promote an integration policy aiming at granting them rights and obligations comparable to those of their citizens.

The Stabilisation and Association Council can recommend additional subjects for cooperation under this Article.

Article 77

Prevention and control of illegal immigration; readmission

1.   The Parties agree to cooperate in order to prevent and control illegal immigration. To this end:

Croatia agrees to readmit any of its nationals illegally present on the territory of a Member State, upon request by the latter and without further formalities;

and each Member State of the European Union agrees to readmit any of its nationals illegally present on the territory of Croatia, upon request by the latter and without further formalities.

The Member States of the European Union and Croatia will provide their nationals with appropriate identity documents and will extend to them the administrative facilities necessary for such purposes.

2.   The Parties agree to conclude, upon request, an agreement between Croatia and the European Community regulating the specific obligations for Croatia and for the Member States of the European Union for readmission, including an obligation for the readmission of nationals of other countries and stateless persons.

3.   Pending the conclusion of the agreement with the Community referred to in paragraph 2, Croatia agrees to conclude, upon request of a Member State, bilateral agreements with individual Member States of the European Union regulating the specific obligations for readmission between Croatia and the Member State concerned, including an obligation for the readmission of nationals of other countries and stateless persons.

4.   The Stabilisation and Association Council shall examine what other joint efforts can be made to prevent and control illegal immigration, including the trafficking in human beings.

COOPERATION ON MONEY LAUNDERING AND ILLICIT DRUGS

Article 78

Money laundering

1.   The Parties agree on the necessity of making every effort and cooperating in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular.

2.   Cooperation in this area may include administrative and technical assistance with the purpose of developing the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering equivalent to those adopted by the Community and international fora in this field.

Article 79

Cooperation on illicit drugs

1.   Within their respective powers and competencies, the Parties shall cooperate to ensure a balanced and integrated approach towards drug control. Drug control policies and actions shall be aimed at reducing the supply of, trafficking in and the demand for illicit drugs as well as at a more effective control of precursors.

2.   The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the EU Drug Control Strategy.

The cooperation between the Parties shall comprise technical and administrative assistance in particular in the following areas:

drafting of national legislation and policies;

establishment of institutions and information centres;

training of personnel;

drug related research;

and the prevention of diversion of precursors used for the illicit manufacture of drugs.

The Parties may agree to include other areas.

COOPERATION IN CRIMINAL MATTERS

Article 80

Preventing and combating crime and other illegal activities

1.   The Parties agree to cooperate on fighting and preventing criminal and illegal activities, organised or otherwise, such as:

trafficking in human beings;

illegal economic activities, and in particular corruption, counterfeiting of currencies, illegal transactions on products such as industrial waste, radioactive material and transactions involving illegal or counterfeit products;

illicit trafficking in drugs and psychotropic substances;

smuggling;

illicit arms trafficking;

terrorism.

Cooperation in the above matters will be the subject of consultations and close coordination between the Parties.

2.   The technical and administrative assistance in this field may include:

the drafting of national legislation in the field of criminal law;

enhancing the efficiency of the institutions charged with fighting and preventing crime;

staff training and the development of investigative facilities;

the formulation of measures to prevent crime.

TITLE VIII

COOPERATION POLICIES

Article 81

1.   The Community and Croatia shall establish a close cooperation aimed at contributing to the development and growth potential of Croatia. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both Parties.

2.   Policies and other measures will be designed to bring about the economic and social development of Croatia. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development.

3.   Cooperation policies shall be integrated into a regional framework of cooperation. Special attention will have to be devoted to measures that can foster cooperation between Croatia and its neighbouring countries including Member States, thus contributing to regional stability. The Stabilisation and Association Council may define priorities between and within the cooperation policies described hereinafter.

Article 82

Economic policy

1.   The Community and Croatia shall facilitate the process of economic reform by cooperating to improve understanding of the fundamentals of their respective economies and implementing economic policy in market economies.

2.   To these ends the Community and Croatia shall cooperate to:

exchange information on macroeconomic performance and prospects and on strategies for development;

analyse jointly economic issues of mutual interest, including the framing of economic policy and the instruments for implementing it.

promote wider cooperation with the aim of speeding up the inflow of know-how and access to new technologies.

3.   At the request of Croatian authorities, the Community may provide assistance designed to support the efforts of Croatia towards the gradual approximation of its policies towards those of the Economic and Monetary Union. Cooperation in this area will include informal exchange of information concerning the principles and the functioning of the Economic and Monetary Union and the European System of Central Banks.

Article 83

Statistical cooperation

1.   Cooperation in the area of statistics shall aim at the development of an efficient and sustainable statistical system capable of providing in due time reliable, objective and accurate data needed to plan and monitor the process of transition and reform in Croatia. It shall enable the Central Bureau for Statistics of Croatia to meet better the needs of its customers, both public administration and private businesses. The statistical system shall respect the fundamental principles of statistics issued by the United Nations and the stipulations of the European Statistical law and develop towards the Community acquis.

2.   To this end the Parties may cooperate in particular:

to promote the development of an efficient statistical service in Croatia based on an appropriate institutional framework;

to pursue harmonisation with international and European standards and classification in order to enable the national statistical system to adopt the Community acquis in statistics;

to provide private and public sector economic operators and research community with the appropriate socio-economic data;

to provide data needed to maintain and monitor economic reform;

to ensure the confidentiality of individual data;

to progressively increase data collection and transmission to the European Statistical System.

3.   Cooperation in this field shall include, in particular, exchange of information on methods, transfer of know-how and training.

Article 84

Banking, insurance and other financial services

1.   The Parties shall cooperate with the aim of establishing and developing a suitable framework for the encouragement of the banking, insurance and financial services sectors in Croatia.

Cooperation shall focus on:

the adoption of a common accounting system compatible with European standards;

the strengthening and restructuring of the banking, insurance and other financial sectors;

the improvement of supervision and regulation of banking and other financial services;

the exchange of information in particular in respect of proposed legislation;

the preparation of translations and terminology glossaries.

2.   The Parties shall cooperate with the aim of developing efficient audit systems in Croatia following the harmonised Community methods and procedures.

Cooperation shall focus on:

technical assistance to the State Auditing Office in Croatia;

the establishment of internal audit units in official agencies;

the exchange of information with regard to auditing systems;

the standardisation of audit documentation;

training and advisory operations.

Article 85

Investment promotion and protection

1.   Cooperation between the Parties shall be aimed at establishing a favourable climate for private investment, both domestic and foreign.

2.   The particular aims of cooperation shall be:

for Croatia to improve a legal framework which favours and protects investment;

the conclusion, where appropriate, with Member States of bilateral agreements for the promotion and protection of investment;

the improvement of investment protection.

Article 86

Industrial cooperation

1.   Cooperation shall be aimed at promoting the modernisation and restructuring of the Croatian industry and individual sectors, as well as industrial cooperation between economic operators of both sides, with the particular objective of strengthening the private sector under conditions that ensure that the environment is protected.

2.   Industrial cooperation initiatives will reflect the priorities determined by both Parties. They will take into account the regional aspects of industrial development, promoting transnational partnerships when relevant. The initiatives should seek in particular to establish a suitable framework for undertakings, to improve management, know-how and to promote markets, market transparency and the business environment. Special attention shall be devoted to the establishment of efficient export promotion activities in Croatia.

Article 87

Small and medium-sized enterprises

The Parties shall aim to develop and strengthen private sector small and medium-sized enterprises (SMEs), the establishment of new undertakings in areas offering potential for growth and the cooperation between SMEs in the Community and in Croatia.

Article 88

Tourism

1.   Cooperation between the Parties in the field of tourism will be aimed at facilitating and encouraging tourism and tourist trade through transfer of know-how, participation of Croatia in important European tourism organisations and studying the opportunities for joint operations.

2.   Cooperation shall include the following in particular:

exchanging information on major issues of mutual interest affecting the tourism sector and transferring of know-how;

encouraging the development of infrastructure conducive to investment in the tourism sector;

examining regional tourist projects.

Article 89

Customs

1.   The Parties shall cooperate to guarantee compliance with all the provisions scheduled for adoption in the area of trade and to achieve the approximation of the customs system of Croatia to that of the Community, thus helping to pave the way for liberalisation measures planned under this Agreement.

2.   Cooperation shall include the following in particular:

the possibility of interconnection between the transit systems of the Community and Croatia, as well as the use of the Single Administrative Document (SAD);

the improvement and simplification of inspections and formalities in respect of the carriage of goods;

the development of cross-border infrastructure between the Parties;

the development of customs cooperation support for introduction of modern customs information systems;

the exchange of information including on the methods of investigation;

the adoption by Croatia of the Combined Nomenclature;

training of customs officers.

3.   Without prejudice to further cooperation provided for in this Agreement, and in particular Articles 77, 78 and 80, mutual assistance between administrative authorities in customs matters of the Parties shall take place in accordance with the provisions of Protocol 5.

Article 90

Taxation

The Parties will establish cooperation in the field of taxation including measures aiming at the further reform of the fiscal system and the restructuring of tax administration with a view to ensuring effectiveness of tax collection and the fight against fiscal fraud.

Article 91

Social cooperation

1.   With regard to employment, cooperation between the Parties shall focus notably on upgrading job-finding and careers advice services, providing back-up measures and promoting local development to assist industrial and labour market restructuring. It shall also include measures such as studies, the secondment of experts and information and training operations.

2.   With regard to social security, cooperation between the Parties shall seek to adapt the social security system of Croatia to the new economic and social requirements, notably by providing the services of experts and organising information and training activities.

3.   Cooperation between the Parties will involve the adjustment of the Croatian legislation concerning working conditions and equal opportunities for women and men.

4.   The Parties shall develop cooperation between them with the aim of improving the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community.

Article 92

Agriculture, and the agro-industrial sector

Cooperation in this field shall have as its aim the modernisation and restructuring of agriculture and the agro-industrial sector consistent with the Community rules and standards, the water management, the rural development, the gradual harmonisation of the veterinary and phytosanitary legislation with Community standards and the development of the forestry sector in Croatia.

Article 93

Fisheries

The Community and Croatia shall explore the possibility of identifying areas of common interest in the fisheries sector, which by their nature would have to be mutually beneficial.

Article 94

Education and training

1.   The Parties shall cooperate with the aim of raising the level of general education and professional qualifications in Croatia.

2.   The Tempus programme will contribute to strengthening cooperation between the Parties in the field of education and training, promoting democracy, the rule of law and economic reform.

3.   The European Training Foundation will also contribute to the upgrading of training structures and activities in Croatia.

Article 95

Cultural cooperation

The Parties undertake to promote cultural cooperation. This cooperation serves inter alia to raise mutual understanding and esteem between individuals, communities and peoples.

Article 96

Information and communication

The Community and Croatia will take the measures necessary to stimulate the mutual exchange of information. Priority will be given to programmes aimed at providing the general public with basic information about the Community and professional circles in Croatia with more specialised information.

Article 97

Cooperation in the audio-visual field

1.   The Parties shall cooperate to promote the audio-visual industry in Europe and encourage co-production in the fields of cinema and television.

2.   Croatia will align its policies on the regulation of content aspects of cross-border broadcasting, paying particular attention to matters relating to the acquisition of intellectual property rights for programmes and broadcast by satellite or cable, with those of the Community, and will harmonise its legislation with the Community acquis.

Article 98

Electronic Communications Infrastructure and Associated Services

1.   The Parties will strengthen cooperation in the area of electronic communications infrastructures, including classical telecommunications networks and relevant electronic audio-visual transport networks, and associated services, with the objective of ultimate alignment with the Community acquis by Croatia as from the entry into force of the Agreement.

2.   The abovementioned cooperation will focus on the following priority areas:

policy development;

legal and regulatory aspects;

institution building required for a liberalised environment;

modernisation of Croatia's electronic infrastructure and its integration into European and world networks, with a focus on improvements at a regional level;

international cooperation;

cooperation within European structures especially those involved in standardisation;

coordinating positions in international organisations and fora.

Article 99

Information Society

The Parties will strengthen cooperation with the objective of further developing the Information Society in Croatia. Global objectives will be preparing society as a whole for the digital age, attracting investments and interoperability of networks and services.

The Croatian authorities, with the assistance of the Community, will review carefully any political commitment undertaken in the European Union with the objective of aligning its own policies on those of the Union.

The Croatian authorities will establish a plan for the adoption of Community legislation in the area of the Information Society.

Article 100

Transport

1.   In addition to the provisions of Article 58 and Protocol 6 of this Agreement, the Parties shall develop and step up cooperation in the field of transport in order to enable Croatia to:

restructure and modernise transport and related infrastructure;

improve movement of passengers and goods and access to the transport market, by the removing of administrative, technical and other barriers;

achieve operating standards comparable to those in the Community;

develop a transport system compatible and aligned on the Community system;

improve the protection of environment in transport, reduction of harmful effects and pollution.

2.   Cooperation shall include the following priority areas:

the development of road, rail, airport, inland waterways and port infrastructure and other major routes of common interest and Trans-European and Pan-European links;

the management of railways and airports, including appropriate cooperation between the relevant national authorities;

road transport, including road taxes and charges and social and environmental aspects;

combined rail and road transport;

the harmonisation of international transport statistics;

the modernisation of technical transport equipment in line with Community standards, and assistance in acquiring financing to that end, particularly as regards road-rail transport, multimodal transport and transhipment;

the promotion of joint technological and research programmes;

the adoption of coordinated transport policies that are compatible with those applied in the Community.

Article 101

Energy

1.   Cooperation will reflect the principles of the market economy and the European Energy Charter Treaty, and will develop with a view to the gradual integration of Europe's energy markets.

2.   Cooperation shall include the following in particular:

the formulation and planning of energy policy, including modernisation of infrastructure, improvement and diversification of supply and improvement of access to the energy market, including facilitation of transit, transmission and distribution and the restoration of electricity interconnections of regional importance with neighbouring countries;

the management and training for the energy sector and transfer of technology and know-how;

the promotion of energy saving, energy efficiency, renewable energy and studying of the environmental impact of energy production and consumption;

the formulation of framework conditions for restructuring of energy companies and cooperation between undertakings in this sector;

the development of a regulatory framework in the field of energy in line with the Community acquis.

Article 102

Nuclear safety

1.   The Parties will cooperate in the field of nuclear safety and safeguards. Cooperation could cover the following topics:

upgrading the Croatian laws and regulations on nuclear safety and strengthening the supervisory authorities and their resources;

radiation protection, including environmental radiation monitoring;

radioactive waste management and, as appropriate, decommissioning of nuclear facilities;

encouraging the promotion of Agreements between the EU Member States or Euratom and Croatia on early notification and exchange of information in cases of nuclear accidents and on emergency preparedness as well as cross-border seismic research and on nuclear safety issues generally, if appropriate;

fuel cycle problems;

safeguarding of nuclear materials;

strengthening the supervision and control on the transport of materials sensitive to radioactive pollution;

nuclear third party liability.

Article 103

Environment

1.   The Parties shall develop and strengthen their cooperation in the vital task of combating environmental degradation, with the view to promoting environmental sustainability.

2.   Cooperation could centre on the following priorities:

water quality, including waste water treatment particularly of transboundary watercourses;

combating local, regional and transboundary air and water (including drinking water) pollution;

effective monitoring of pollution levels and emissions;

development of strategies with regard to global and climate issues;

efficient, sustainable and clean production and use of energy;

classification and safe handling of chemicals;

safety of industrial plants;

waste reduction, recycling and safe disposal, and the implementation of the Basle Convention on the control of transboundary movements of hazardous wastes and their disposal (Basle, 1989);

the environmental impact of agriculture; soil erosion and pollution by agricultural chemicals;

the protection of the flora and fauna, including forests, and the conservation of biodiversity;

town and country planning, including construction and urban planning;

the use of economic and fiscal instruments to improve the environment;

the execution of environmental impact assessment and strategic environmental assessment;

continuous approximation of laws and regulations to Community standards;

international Conventions in the area of environment to which the Community is a Party;

cooperation at regional and international level;

education and information on environmental issues and sustainable development.

3.   In the field of protection against natural disasters, the Parties will cooperate to ensure the protection of people, animals, property and environment against man-made disasters. To this end the cooperation could include the following areas:

the exchange of the outcome of scientific and research development projects;

mutual and early notification and warning systems on hazards, disasters and their consequences;

rescue and relief exercises and assistance systems in case of disasters;

exchange of experience in rehabilitation and reconstruction after disaster.

Article 104

Cooperation in Research and Technological Development

1.   The Parties shall promote bilateral cooperation in civil scientific research and technological development (RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights (IPR).

2.   This cooperation shall cover:

the exchange of scientific and technical information and the organisation of joint scientific meetings;

joint RTD activities;

training activities and mobility programmes for scientists, researchers and technicians engaged in RTD in both sides.

3.   Such cooperation shall be implemented according to specific arrangements to be negotiated and concluded in accordance with the procedures adopted by each Party, and which shall set out, inter alia, appropriate IPR provisions.

Article 105

Regional and local development

The Parties will strengthen regional development cooperation, with the objective of contributing to economic development and reducing regional imbalances.

Specific attention will be given to cross-border, transnational and interregional cooperations. To this end, the exchange of information and experts may be undertaken.

TITLE IX

FINANCIAL COOPERATION

Article 106

In order to achieve the objectives of this agreement and in accordance with Articles 3, 107 and 109 Croatia may receive financial assistance from the Community in the forms of grants and loans, including loans from the European Investment Bank.

Article 107

Financial assistance, in the form of grants, shall be covered by the operation measures provided for in the relevant Council Regulation within a multi-annual indicative framework established by the Community following consultations with Croatia.

The overall objectives of the assistance, in the form of institution-building and investment, shall contribute to the democratic, economic and institutional reforms of Croatia, in line with the Stabilisation and Association process. Financial assistance may cover all areas of harmonisation of legislation and all cooperation policies of this agreement, including Justice and Home Affairs. Consideration should be given to the full implementation of the infrastructure projects of common interest identified in the Protocol 6.

Article 108

At the request of Croatia and in case of special need, the Community could examine in coordination with international financial institutions, the possibility of granting on an exceptional basis macro-financial assistance subject to certain conditions and taking into account the availability of all financial resources .

Article 109

In order to permit optimum use of the resources available, the Parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries and international financial institutions.

To this effect, information on all sources of assistance shall be exchanged regularly between the Parties.

TITLE X

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 110

A Stabilisation and Association Council is hereby established which shall supervise the application and implementation of this Agreement. It shall meet at an appropriate level at regular intervals and when circumstances require. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.

Article 111

1.   The Stabilisation and Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of Croatia, on the other.

2.   The Stabilisation and Association Council shall establish its rules of procedure.

3.   The members of the Stabilisation and Association Council may arrange to be represented, in accordance with the conditions to be laid down in its rules of procedure.

4.   The Stabilisation and Association Council shall be chaired in turn by a representative of the European Community and a representative of Croatia, in accordance with the provisions to be laid down in its rules of procedure.

5.   In matters that concern it, the European Investment Bank shall take part, as an observer, in the work of the Stabilisation and Association Council.

Article 112

The Stabilisation and Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions within the scope of the Agreement in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Stabilisation and Association Council may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.

Article 113

Each Party shall refer to the Stabilisation and Association Council any dispute relating to the application or interpretation of this Agreement. The Stabilisation and Association Council may settle the dispute by means of a binding decision.

Article 114

1.   The Stabilisation and Association Council shall be assisted in the performance of its duties by a Stabilisation and Association Committee, composed of representatives of the Council of the European Union and of representatives of the Commission of the European Communities, on the one hand, and of representatives of Croatia on the other.

2.   In its rules of procedure the Stabilisation and Association Council shall determine the duties of the Stabilisation and Association Committee, which shall include the preparation of meetings of the Stabilisation and Association Council, and shall determine how the Committee shall function.

3.   The Stabilisation and Association Council may delegate to the Stabilisation and Association Committee any of its powers. In this event the Stabilisation and Association Committee shall take its decisions in accordance with the conditions laid down in Article 112.

Article 115

The Stabilisation and Association Committee may create subcommittees.

Article 116

A Stabilisation and Association Parliamentary Committee is hereby established. It shall be a forum for Members of Croatian Parliament and the European Parliament to meet and exchange views. It shall meet at intervals that it shall itself determine.

The Stabilisation and Association Parliamentary Committee shall consist of members of the European Parliament, on the one hand, and of Members of the Parliament of Croatia, on the other.

The Stabilisation and Association Parliamentary Committee shall establish its rules of procedure.

The Stabilisation and Association Parliamentary Committee shall be chaired in turn by the European Parliament and the Parliament of Croatia, in accordance with the provisions to be laid down in its rules of procedure.

Article 117

Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights.

Article 118

Nothing in this Agreement shall prevent a Party from taking any measures:

(a)

which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b)

which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c)

which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

Article 119

1.   In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

the arrangements applied by Croatia in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, companies or firms;

the arrangements applied by the Community in respect of Croatia shall not give rise to any discrimination between Croatian nationals, companies or firms.

2.   The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.

Article 120

1.   The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2.   If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Stabilisation and Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

3.   In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Stabilisation and Association Council and shall be the subject of consultations within the Stabilisation and Association Council if the other Party so requests.

Article 121

The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.

The provisions of this Article shall in no way affect and are without prejudice to Articles 31, 38, 39 and 43.

Article 122

This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved under this Agreement, affect rights ensured to them through existing agreements binding one or more Member States, on the one hand, and Croatia, on the other.

Article 123

Protocols 1, 2, 3, 4, 5 and 6 and Annexes I to VIII shall form an integral part of this Agreement.

Article 124

This Agreement is concluded for an unlimited period.

Either Party may denounce this Agreement by notifying the other Party. This Agreement shall terminate six months after the date of such notification.

Article 125

For the purposes of this Agreement, the term ‘Parties’ shall mean the Community, or its Member States, or the Community and its Member States, in accordance with their respective powers, of the one part, and Croatia, of the other part.

Article 126

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties, and to the territory of Croatia on the other.

Article 127

The Secretary General of the Council of the European Union shall be the depository of the Agreement.

Article 128

This Agreement is drawn up in duplicate in each of the official languages of the Parties, each of these texts being equally authentic.

Article 129

The Parties shall approve this Agreement in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed.

Article 130

Interim Agreement

In the event that, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement, in particular those relating to the free movement of goods as well as the relevant provisions on Transport, are put into effect by means of an Interim Agreement between the Community and Croatia, the Parties agree that, in such circumstances for the purpose of the provisions of Title IV, Articles 70 and 71 of this Agreement, Protocols 1 to 5 and relevant provisions of Protocol 6 hereto, the terms ‘date of entry into force of this Agreement’ mean the date of entry into force of the relevant Interim Agreement in relation to obligations contained in the abovementioned provisions.

LIST OF ANNEXES

Annex I:

Croatian Tariff concession for Community industrial products referred to in Article 18(2)

Annex II:

Croatian Tariff concession for Community industrial products referred to in Article 18(3)

Annex III:

Definition of ‘Baby beef’ products referred to in Article 27(2)

Annex IV (a):

Croatian Tariff concession for agricultural products (duty-free for unlimited quantities at the date of entering into force of the Agreement) referred to in Article 27(3)(a)(i)

Annex IV (b):

Croatian Tariff concession for agricultural products (duty-free within quota at the entering into force of the Agreement) referred to in Article 27(3)(a)(ii)

Annex IV (c):

Croatian Tariff concession for agricultural products (duty-free for unlimited quantities one year after entering into force of the Agreement) referred to in Article 27(3)(b)(i)

Annex IV (d):

Croatian Tariff concession for agricultural products (progressive elimination of MFN duties within tariff quotas) referred to in Article 27(3)(c)(i)

Annex IV (e):

Croatian Tariff concession for agricultural products (progressive reduction of MFN duties for unlimited quantities) referred to in Article 27(3)(c)(ii)

Annex IV (f):

Croatian Tariff concession for agricultural products (progressive reduction of MFN duties within quotas) referred to in Article 27(3)(c)(iii)

Annex V (a):

Products referred to in Article 28(1)

Annex V (b):

Products referred to in Article 28(2)

Annex VI:

Establishment: ‘Financial services’ referred to in Article 50

Annex VII:

Acquisition of real property by EU nationals — List of exceptions referred to in Article 60(2)

Annex VIII:

Intellectual, Industrial and Commercial property rights referred to in Article 71

ANNEX I

CROATIAN TARIFF CONCESSION FOR COMMUNITY INDUSTRIAL PRODUCTS

referred to in Article 18(2)

Duty rates will be reduced as follows:

on the date of entry into force of the Agreement, duty shall be reduced to 60 % of the basic duty

on 1 January 2003, duty shall be reduced to 30 % of the basic duty

on 1 January 2004, the remaining duties shall be abolished

HS 6+

Description

25.01

Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti caking or free-flowing agents; sea water

2501.001

– – –

Table salt and salt for food industry

2501.002

– – –

Salt for other industry

2501.009

– – –

Other

25.15

Marble, travertine, ecaussine and other calcareous monumental or building stone of an apparent specific gravity of 2,5 or more and alabaster, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of rectangular (including square) shape

2515.1

Marble and travertine

2515.11

– –

Crude or roughly trimmed

2515.12

– –

Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

2515.20

Ecaussine and other calcareous monumental or building stone; alabaster

27.10

Petroleum oils and oils obtained from bituminous minerals other than crude; preparations not elsewhere specified or included containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations

2710.001

– – –

Motor petrol and other light oils

2710.0014

– – – –

Special petrols (extractable and other)

2710.0015

– – – –

White spirit

2710.0017

– – – –

Spirit type jet fuel

2710.002

– – –

Kerosene and other medium oils

2710.0021

– – – –

Kerosene

2710.0022

– – – –

Kerosene type jet fuel

2710.0023

– – – –

Alpha and normal olefins (mixtures), normal paraffins (C10 - C13)

2710.003

– – –

Heavy oils except waste and intended for further manufacturing

2710.0033

– – – –

Light, medium, heavy and extra heavy fuel oils with low sulphur content

2710.0034

– – – –

Other light, medium, heavy and extra heavy fuel oil

2710.0035

– – – –

Base oils

2710.0039

– – – –

Other heavy oils and products based on heavy oils

27.11

Petroleum gases and other gaseous hydrocarbons

2711.1

Liquefied

2711.12

– –

Propane

2711.13

– –

Butanes

2711.19

– –

Other

2711.191

– – –

Mixtures of propane and butane

2711.199

– – –

Other

2711.29

– –

Other

27.12

Petroleum jelly; paraffin wax, micro-crystalline petrolum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured

2712.10

Petroleum jelly

2712.20

Paraffin wax containing by weight less than 0,75 % of oil

27.13

Petroleum coke, petrolum bitumen and other residues of petrolum oils or of oils obtained from bituminous minerals

2713.20

Petroleum bitumen

27.15

Bituminous mixtures based on natural asphalt, on natural bitumen, on petrolum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)

2715.009

– – –

Other

2803.00

Carbon (carbon blacks and other forms of carbon not elsewhere specified or included)

2803.001

– – –

Carbon black

28.06

Hydrogen chloride (hydrochloric acid); chlorosulphuric acid

2806.10

Hydrogen chloride (hydrochloric acid)

2806.101

– – –

Pro analysis

2808.00

Nitric acid; sulphonitric acids

2808.002

– – –

Other nitric acid

28.14

Ammonia, anhydrous or in aqueous solution

2814.20

– –

Ammonia in aqueous solution

2814.201

– – –

Pro analysis

28.15

Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); peroxides of sodium or potassium

2815.11

– –

Solid

2815.111

– – –

Granulated, pro analysis

2815.20

Potassium hydroxide (caustic potash)

2815.201

– – –

Granulated, pro analysis

29.02

Cyclic hydrocarbons

2902.4

Xylenes

2902.41

– –

o-Xylene

2902.411

– – –

Pro analysis

2902.42

– –

m-Xylene

2902.421

– – –

Pro analysis

2902.43

– –

p-Xylene

2902.431

– – –

Pro analysis

2902.44

– –

Mixed Xylene isomers

2902.441

– – –

Pro analysis

29.05

Acyclic alcohol and their halogenated, sulphonated, nitrated or nitrosated derivates

2905.1

Saturated monohydric alcohols

2905.11

– –

Methanol (methyl acohol)

2905.111

– – –

Pro analysis

2905.12

Propane 1 ol (propyl alcohol) and propane 2 ol (isopropyl alcohol)

2905.121

– – –

Pro analysis

29.14

Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulphonated, nitrated or nitrostated derivates

2914.1

Acyclic ketones without other oxygen function

2914.11

– –

Acetone

2914.111

– – –

Pro analysis

29.15

Saturated acyclic monocarboxylic acidis and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivates

2915.3

Esters of acetic acid

2915.311

– – –

Pro analysis

29.33

Heterocyclic compounds with nitrogen hetero-atom(s) only

2933.6

Compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure

2933.691

– – –

Atrazine

30.02

Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products

3002.30

Vaccines for veterinary medicine

30.03

Medicaments (excluding goods of heading No 30.02, 30.05 or 30.06) consisting of two or more consistuents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms of packings for retail sale

3003.90

Other

3003.909

– – –

Other

30.04

Medicaments (excluding goods of heading No 30.02, 30.05 or 30.06) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale

3004.10

– –

Containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives

3004.101

– – –

Ready medicaments for retail sale

3004.20

– – –

Containing other antibiotics

3004.201

– – –

Ready medicaments for retail sale

3004.3

– –

Containing hormones or other products of heading No 29.37 but not containing antibiotics

3004.31

– –

Containing insulin

3004.311

– – –

Ready medicaments for retail sale

3004.32

– –

Containing adrenal cortical hormones

3004.321

– – –

Ready medicaments for retail sale

3004.39

– –

Other

3004.391

– – –

Ready medicaments for retail sale

3004.40

– –

Containing alkaloids or derivatives thereof but not containing hormones, other products of heading No 29.37 or antibiotics

3004.401

– – –

Ready medicaments for retail sale

3004.50

– –

Other medicaments containing vitamins or other products of heading No 29.36

3004.501

– – –

Ready medicaments for retail sale

3004.90

– –

Other

3004.902

– – –

Ready medicaments for retail sale

3004.909

– – –

Other

30.06

Pharmaceutical goods specified in Note 4 to this Chapter

3006.50

First-aid boxes and kits

32.07

Prepared pigments, prepared opacifiers and prepared colours, vitrifiable enamels and glazes, engobes (slips), liquid lustres and similar preparations, of a kind used in the ceramic, enameleing or glass industry, glass frit and other glass, in the form of powder, granules or flakes

3207.10

Prepared pigments, prepared opacifiers, prepared colours and similar preparations

3207.20

Vitrifiable enamels and glazes, engobes (slips) and similar preparations

3207.30

Liquid lustres and similar preparations

3207.40

Glass frit and other glass, in the form of powder, granules or flakes

32.08

Paints and varnishes (including elements and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter

3208.10

Based on polyesters

3208.20

Based on acrylic or vinyl polymers

32.09

Paints and varnishes (including elements and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium

3209.10

Based on acrylic or vinyl polymers

3209.90

Other

32.14

Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings; non-refractory surfacing preparations for façades, indoor walls, floors, ceilings or the like

3214.10

Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings

3214.90

Other

32.15

Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid

3215.1

– –

Printing ink

3215.11

– –

Black

3215.19

– –

Other

33.04

Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations

3304.99

– –

Other

3304.999

– – –

For retail sale

33.07

Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilators and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included, prepared room deodorizers, whether or not perfumed or having disinfectant properties

3307.90

– –

Other

3307.909

– – –

For retail sale

34.05

Polishes and creams, for footwear, furniture, floors, coach-work, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, non woven, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations) excluding waxes of heading No 34.04

3405.10

Polishes, creams and similar preparations for footwear or leather

3405.20

Polishes, creams and similar preparations for the maintenance of wooden furniture, floors or other woodwork

3405.30

Polishes and similar preparations for coachwork, other than metal polishes

3405.40

Scouring pastes and powders and other scouring preparations

3405.90

Other

3406.00

Candles, tapers and the like

3605.00

Matches, other than pyrotechnic articles of heading No 36.04

37.01

Photographic plates and film in the flat, sensitized, unexposed of any material other than paper, paperboard or textiles; instant print film in the flat, senisitised, unexposed, whether or not in packs

3701.10

For X-ray

3814.00

Organic composite solvents and thinners, not elsewhere specified or included; prepared paint or varnish removers

3820.00

Anti-freezing preparations and prepared de-icing fluids

39.05

Polymers of vinyl acetate or of other vinyl esters, in primary forms; other polymers in primary forms

3905.1

Polyvinyl acetate

3905.12

– –

In aqueous dispersion

3905.19

– –

Other

39.19

Self-adhesive plates, sheets, film, foil, tape, strip and other flat shape, of plastics, whether or not in rolls

3919.90

Other

39.20

Other plates, sheet, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials

3920.10

– –

Of polymers of ethylene

3920.101

– – –

Foil 12 micron thick in rolls 50 to 90 mm wide

39.23

Articles for the conveyance or packing of goods, of plastics, stoppers, lids, caps and other closures, of plastics

3923.2

Sacks and bags (including cones)

3923.21

– –

Of polymers of ethylene

3923.29

– –

Of other plastics

3923.40

Spools, cops, bobbins and similar supports

3923.90

Other

3923.901

– – –

Casks and tanks

3923.909

– – –

Other

39.24

Tableware, kitchenware, other household articles and toilet articles of plastic

3924.10

Tableware and kitchenware

3924.90

Other

39.25

Builders' ware of plastic, not elsewhere specified or included

3925.10

Reservoirs, tanks, vats and similar containers, of a capacity exceeding 300 l

3925.20

Doors, windows and their frames and thresholds for doors

3925.30

Shutters, blinds (including Venetian blinds) and similar articles and parts thereof

3925.90

Other

40.09

Tubes, pipes and hoses, of vulcanized rubber other than hard rubber, with or without their fittings (for example, joints, elbows, flanges)

4009.10

Not reinforced or otherwise combined with other materials, without fittings

4009.20

Reinforced or otherwise combined only with metal, without fittings

4009.40

Reinforced or otherwise combined with other materials, without fittings

4009.50

With fittings

4009.509

– – –

Other

42.02

Trunks, suit-cases, vanity-cases, executive cases, brief cases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers, travelling-bags, toilet bags, rucksacks, handbags, shopping-bags, wallets, purses, map-cases, cigarette cases, tobacco-pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fibre or of paperboard or wholly or mainly covered with such materials or with paper

4202.1

Trunks, suit cases, vanity cases, executive cases, brief cases, school satchels and similar containers

4202.11

– –

With outer surface of leather, of composition leather or of patent leather

4202.12

– –

With outer surface of plastics or of textile materials

4202.19

– –

Other

4202.2

Handbags, whether or not with shoulder strap, including those without handle

4202.21

– –

With outer surface of leather, of composition leather or of patent leather

4202.22

– –

With outer surface of plastic sheeting or of textile materials

4202.29

– –

Other

4202.3

– –

Articles of a kind normally carried in the pocket or in the handbag

4202.31

– –

With outer surface of leather, of composition leather or of patent leather

4202.32

– –

With outer surface of plastic sheeting or of textile materials

4202.39

– –

Other

4202.9

– –

Other

4202.91

– –

With outer surface of leather, of composition leather or of patent leather

4202.92

– –

With outer surface of plastic sheeting or of textile materials

4202.99

– –

Other

43.02

Tanned or dressed furskins (including heads, tails, paws and other pieces or cuttings), unassembled, or assembled (without the addition of other materials) other than those of heading No 43.03

4302.1

Whole skins, with or without head, tail or paws, not assembled

4302.11

– –

Of mink

4302.12

– –

Of rabbit or hare

4302.13

– –

Of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian or Tibetan lamb, whole, with or without head, tail or paws

4302.19

– –

Other

4302.20

Heads, tails, paws and other pieces or cuttings, not assembled

4302.30

Whole skins and pieces or cuttings thereof, assembled

4304.00

Artificial fur and articles thereof

4304.009

– – –

Articles of artificial fur

44.06

Railway or tramway sleepers (cross-ties) of wood

4406.10

– –

Not impregnated

4406.101

– – –

Of oak

4406.102

– – –

Of beech

4406.109

– – –

Other

4406.90

– –

Other

4406.901

– – –

Of oak

4406.902

– – –

Of beech

4406.909

– – –

Other

44.18

Builders' joinery and carpentry of wood including cellular wood panels assembled parquet panels, shingles and shakes

4418.10

Windows, French-windows and their frames

4418.20

Doors and their frames and thresholds

4418.30

Parquet panels

48.05

Other uncoated paper and paperboard, in rolls or sheets not further worked or processed that are specified in Note 2 to this Chapter

4805.10

Semi-chemical fluting paper (corrugating medium)

48.11

Paper, paperboard, cellulose wadding and webs of cellulose fibres, coated, impregnated, covered, surface-coloured, surface-decorated or printed, in rolls or sheets, other than goods of the kind described in heading No 48.03, 48.09 or 48.10

4811.2

Gummed or adhesive paper and paperboard

4811.29

– –

Other

4811.299

– – –

Other

48.14

Wallpaper and similar wall coverings, consisting of paper; window transparencies of paper

4814.10

“Ingrain” paper

4814.20

Wallpaper and similar wall covering, consisting of paper coated or covered, on the face side, with a grained, embossed, coloured, design-printed or otherwise decorated layer of plastics

4814.30

Wallpaper and similar wall coverings, consisting of paper covered, on the face side, with plaiting material, whether or not bound together in parallel strands or woven

4814.90

Other

4817.10

Envelopes

4817.20

Letter cards, plain postcards and correspondence cards

4817.30

Boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery

48.19

Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or web of cellulose fibres, box files, letter trays, and similar articles, of paper or paperboard of a kind used in offices, shops or the like

4819.10

Cartons, boxes and cases, of corrugated paper or paperboard

4819.20

Folding cartons, boxes and cases, of non-corrugated paper or paperboard

4819.209

– – –

Other

4819.30

Sacks and bags, having a base of a width of 40 cm or more

4819.40

Other sacks and bags, including cones

4819.50

Other packing containers, including record sleeves

4819.501

– – –

Cylindrical boxes made of two or more materials

4819.60

Box files, letter trays, storage boxes and similar articles, of a kind used in offices, shops or the like

48.20

Registers, account books, note books, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting-pads, binders (loose-leaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationery, of paper or paperboard; albums for stamps or for collections and book covers, of paper or paperboard

4820.10

Registers, account books, note books, order books, receipt books, letter pads, memorandum pads, diaries and similar articles

4820.20

Exercise books

4820.30

Binders (other than book covers), folders and file covers

4820.40

Manifold business forms and interleaved carbon sets

4820.50

Albums for samples or for collections

4820.90

Other

4820.901

– – –

business forms

4820.909

– – –

Other

48.21

Paper or paperboard labels of all kinds, whether or not printed

4821.10

Printed

4821.90

Other

48.23

Other paper, paperboard, cellulose wadding and webs of cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibres

4823.1

Gummed or adhesive paper, in strips or rolls

4823.11

– –

Self-Adhesive

4823.19

– –

Other

4823.40

Rolls, sheets and dials, printed for self-recording apparatus

4823.5

Other paper and paperboard, of a kind used for writing, printing or other graphic purposes

4823.51

– –

Printed, embossed or perforated

4823.59

– –

Other

4823.60

Trays, dishes, plates, cups and the like, of paper or paperboard

4823.70

Moulded or pressed articles of paper pulp

4823.90

Other

4823.909

– – –

Other

64.02

Other footwear with outer soles and uppers of rubber or plastics

6402.1

Sports footwear

6402.19

– –

Other

6402.20

Footwear with upper straps or thongs assembled to the sole by means of plugs

6402.30

Other footwear, incorporating a protective metal toe-cap

6402.9

Other footwear

6402.91

– –

Covering the ankle

6402.99

– –

Other

64.03

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather

6403.1

Sports footwear

6403.19

– –

Other

6403.20

Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe

6403.30

Footwear made on a base or platform of wood, not having an inner sole or a protective metal toe-cap

6403.40

Other footwear, incorporating a protective metal toe-cap

6403.5

Other footwear with outer soles of leather

6403.51

– –

Covering the ankle

6403.59

– –

Other

6403.9

Other footwear

6403.91

– –

Covering the ankle

6403.99

– –

Other

64.05

Other footwear

6405.10

With uppers of leather or composition leather

6405.20

With uppers of textile materials

6504.00

Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed

65.05

Hats and other headgear, knitted or crocheted, made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed

6505.10

Hair-nets

6505.90

Other

65.06

Other headgear, whether or not lined or trimmed

6506.10

Protective headgear (helmets)

6506.9

Other

6506.91

– –

Of rubber or of plastics

6506.92

– –

Of fur

6506.99

– –

Of other materials

6507.00

Head-bands, linings, covers, hat foundations, hat frames, peaks and chinstraps, for headgear

66.01

Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas)

6601.10

Garden umbrellas and sun umbrellas

6601.9

Other

6601.91

– –

Telescopes

6601.99

– –

Other

6602.00

Walking-sticks, seat-sticks, whips, riding-crops and the like

66.03

Parts, trimmings and accessories of articles other heading No 66.01 or 66.02

6603.10

Handles and knobs

6603.20

Umbrella frames, including frames mounted on shafts (sticks)

6603.90

Other

68.02

Worked monumental or building stone (except slate) and articles thereof, other than goods of heading No 68.01; mosaic cubes and the like, of natural stone (including slate), whether or not on a back; artificially coloured granules, chippings and powder, of natural stone (including slate)

6802.2

Other monumental or building stone and articles thereof simply cut or sawn with a flat or even surface

6802.21

– –

Marble, travertine and alabaster

6802.22

– –

Other limestone

6802.29

– –

Other stone

6802.9

Other

6802.91

– –

Marble, travertine and alabaster

6802.92

– –

Other limestone

6802.99

– –

Other stone

68.04

Millstones, grindstones, grinding wheels and the like, without frameworks, for grinding, sharpening, polishing, trueing or cutting, hand sharpening or polishing stones and parts thereof, of natural stone, of agglomerated natural or artificial abrasives or of ceramics with or without parts of other materials

6804.2

Other

6804.22

– –

Of other agglomerated abrasives or of ceramics

6804.30

Hand sharpening or polishing stones

6804.309

– – –

Of artificial materials

68.05

Natural, of artificial abrasive powder or grain, on a base of textile material, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up

6805.10

On a base of textile material

6805.20

On a base of paper or of paperboard

6805.30

On a base of other materials

68.06

Slag wool, rock wool and similar mineral wool; exfoliated vermiculite, expanded clays, foamed slag and similar expanded mineral materials; mixtures and articles of heat-insulating, sound-insulating or sound-absorbing mineral materials, other than those of heading No 68.11 or 68.12 or of Chapter 69

6806.10

Slag wool, rock wool and similar mineral wool (including intermixtures thereof), in bulk, sheets or rolls

68.07

Articles of asphalt or of similar material (for example, petrolum bitumen or coal tar pitch)

6807.10

In rolls

6807.90

Other

6807.909

– –

Other

6808.00

Panels, boards, tiles, blocks and similar articles of vegetable fibre, of straw or of shavings, chips, particles, sawdust or other waste, of wood, agglomerated with cement, plaster or other mineral binders

68.09

Articles of plaster or of compositions based on plaster

6809.1

Boards, sheets, panels, tiles and similar articles not ornamented

6809.11

– –

Faced or reinforced with paper or paperboard only

6809.19

– –

Other

6809.90

Other articles

68.12

Fabricated asbestos fibres; mixtures with a basis of asbestos or with a basis of asbestos and magnesium carbonate; articles of such mixtures or asbestos (for example, thread, woven fabric; clothing, headgear, footwear, gaskets) whether or not reinforced other than goods of heading No 68.11 or 68.13

6812.10

Fabricated asbestos fibres; Mixtures with a basis of asbestos or with a basis of asbestos and magnesium carbonate

6812.20

Yarn

6812.30

Cords and string, whether or not plaited

6812.40

Fabricated or knitted material

6812.50

Clothing, clothing accessories, footwear and headgear

6812.60

Paper, millboard and felt

6812.70

Compressed asbestos fibres jointing, in sheets or rolls

6812.90

Other

6812.909

– – –

Other

68.13

Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials

6813.10

Sheets and pads for brakes

6813.109

– – –

Other

6813.90

Other

6813.909

– – –

Other

69.04

Ceramic building bricks, flooring blocks, support or filler tiles and the like

6904.10

Building bricks

6904.101

– – –

Solid, 250 x 120 x 65 dimensions

6904.102

– – –

Grate bricks, 250 x 120 x 65 dimensions

6904.103

– – –

Blocks, 290 x 190 x 190 dimensions

6904.104

– – –

Blocks, 250 x 190 x 190 dimensions

6904.105

– – –

Blocks, 250 x 250 x 140 dimensions

6904.109

– – –

Other

6904.90

Other

6904.901

– – –

Ceiling filler tiles, 250 x 380 x 140 dimensions

6904.902

– – –

Ceiling filler tiles, 390 x 100 x 160 dimensions

6904.903

– – –

Support tiles, 250 x 120 x 40 dimensions

6904.909

– – –

Other

69.05

Roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments and other ceramic constructional goods

6905.10

Roofing tiles

6905.101

– – –

Pressed tiles, 350 x 200 dimensions

6905.102

– – –

Pressed interlocking tiles, 340 x 200 dimensions

6905.103

– – –

Plain tiles, 380 x 180 dimensions

6905.104

– – –

Mediterranean tiles, 375 x 200 dimensions

6905.109

– – –

Other

6905.90

Other

69.10

Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures

6910.10

Of porcelain or china

6910.90

Other

70.05

Float glass and surface ground or polished glass, in sheets, whether or not having an absorbent, reflecting or non-reflecting layer, but not otherwise worked

7005.30

Wired glass

70.17

Laboratory, hygienic or pharmaceutical glassware, whether or not graduated or calibrated

7017.10

Of fused quartz or other fused silica

7017.109

– – –

Other

7017.20

Of other glass having a linear coefficient of expansion not exceeding 5 x 10-6 per Kelvin within a temperature range of 0 C to 300 C

7017.90

Other

73.06

Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel

7306.20

Casing and tubing of a kind used in drilling for oil or gas

7306.202

– – –

Tubing of an external diameter less than 3 1/2"

7306.209

– – –

Other

7306.50

Other, welded, of circular cross-section, of other alloy steel

7306.509

– – –

Other

7306.90

Other

73.08

Structures (excluding prefabricated buildings of heading No 94.06) and parts of structures (for example, bridges and bridge- sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames, and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures of iron or steel

7308.10

Bridges and bridge sections

7308.20

Towers and lattice masts

7308.40

Equipment for scaffolding, shuttering, propping or pitpropping

7308.409

– – –

Other

7309.00

Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of capacity exceeding 300 l, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment

7309.001

– – –

Reservoirs for the transport of goods

7309.009

– – –

Other

7311.00

Containers for compressed or liquefied gas, of iron or steel

7311.009

– – –

Other

73.12

Stranded wire, ropes cables, plaited bands, slings and the like, of iron or steel, not electrically insulated

7312.10

Stranded wire, ropes and cables

7312.109

– – –

Other

7312.1099

– – –

Other

7312.90

Other

7312.909

– – –

Other

7313.00

Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel

73.14

Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel

7314.4

Other cloth, grill, netting and fencing

7314.41

– –

Plated or coated with zinc

7314.42

– –

Coated with plastics

7314.49

– –

Other

73.15

Chain and parts thereof, of iron or steel

7315.1

Articulated link chain and parts thereof

7315.11

– –

Roller chain

7315.12

– –

Other chain

7315.19

– –

Parts

7315.20

Skid chain

7315.8

Other chain

7315.81

– –

Stud-link

7315.82

– –

Other, welded link

7315.89

– –

Other

7315.90

Other parts

7316.00

Anchors, grapnels and parts thereof, of iron or steel

73.17

Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading No 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper

7317.001

– – –

For rails

7317.002

– – –

For tacks

73.18

Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter-pins, washers (including spring washers) and similar articles, of iron or steel

7318.1

Threaded articles

7318.11

– –

Coach screws

7318.12

– –

Other wood screws

7318.13

– –

Screw hooks and screw rings

7318.14

– –

Self-tapping screws

7318.19

– –

Other

7318.2

Non-threaded articles

7318.21

– –

Spring washers and other lock washers

7318.23

– –

Rivets

7318.24

– –

Cotters and cotter-pins

7318.29

– –

Other

73.21

Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas-rings, plate warmers and similar non-electric domestic appliances, and parts thereof, of iron or steel

7321.11

– –

For gas fuel or for both gas and other fuels

7321.13

– –

For solid fuel

73.23

Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel

7323.10

Iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like

7323.9

Other

7323.93

– –

Of stainless steel

7323.931

– – –

Vessels

7323.939

– – –

Other

73.26

Other articles of iron or steel

7326.1

Forged or stamped, but not further worked

7326.19

– –

Other

7326.20

Articles of iron or steel wire

7326.209

– – –

Other

7326.90

Other

7326.909

– –

Other

76.10

Aluminum structures (excluding prefabricated buildings of heading No 94.06) and parts of structures (for example, bridges and bridges section, towers, lattice masts, roofs, roofing framework, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns), aluminum plates, rods, profiles, tubes and the like, prepared for use in structures

7610.10

Doors, windows and their frames and thresholds for doors

7610.109

– –

Other

7610.90

Other

7610.901

– – –

Elements prepared for use in structures

7610.909

– – –

Other

7611.00

Aluminum reservoirs, tanks, vats and similar containers, for any material (other than compressed or liquefied gas), of a capacity exceeding 300 l, whether or not lined or heat- insulated, but not fitted with mechanical or thermal equipment

7611.001

– – –

Lined or heat-insulated

7611.009

– – –

Other

76.14

Stranded wire, cables, plaited bands and the like, of aluminum, not electrically insulated

7614.10

With steel core

7614.90

Other

8304.00

Filing cabinets, card-index cabinets, paper trays, paper rests, pen trays, office-stamp stands and similar office or desk equipment, of base metal, other than office furniture of heading No 94.03

83.09

Stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles; threaded bungs, bung covers, seals and other packing accessories, of base metal

8309.90

Other

8309.902

– – –

Seals, not further worked

8309.903

– – –

Seals, worked

8309.909

– – –

Other

84.02

Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); super-heated water boilers

8402.1

Steam or other vapour generating boilers

8402.11

– –

Watertube boilers with a steam production exceeding 45 t per hour

8402.111

– – –

Main ship's steam boilers

8402.112

– – –

Other, with a steam production not exceeding 300 tonnes per hour

8402.119

– – –

Other, with a steam production exceeding 300 tonnes per hour

8402.12

– –

Watertube boilers with a steam production not exceeding 45 t per hour

8402.121

– – –

Main ship's steam boilers

8402.129

– – –

Other

8402.19

– –

Other vapour generating boilers, including hybrid boilers

8402.191

– – –

Main ship's steam boilers

8402.192

– – –

Firetube boilers

8402.193

– – –

Hot-oil boilers

8402.199

– – –

Other

8402.20

Super-heated water boilers

8402.201

– – –

Fired with chopped wood

84.03

Central heating boilers other than those of heading No 84.02

8403.90

Parts

84.04

Auxiliary plant for use with boilers of heading No 84.02 or 84.03 (for example, economizers, super-heaters, soot removers, gas recoverers), condensers for steam or the vapour power units

8404.90

Parts

84.06

Steam turbines and other vapour turbines

8406.90

Parts

84.16

Furnace burners for liquid fuel, for pulverized solid fuel or for gas; mechanical stokers; including their mechanical grates, mechanical ash discharges and similar appliances

8416.20

Other furnace burners, including combination burners

8416.209

– – –

Other

84.18

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other, heat pumps other than air conditioning machines or heading No 84.15

8418.2

Refrigerators, household type

8418.21

– –

Compression-type

8418.22

– –

Absorption-type, electrical

8418.29

– –

Other

8418.50

Other refrigerating or freezing chests, cabinets, display counters, show-cases and similar refrigerating or freezing furniture

84.19

Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evapourating, vapourizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non electric

8419.1

Instantaneous or storage water heaters, non-electric

8419.111

– – –

For domestic use

8419.119

– – –

Other

8419.191

– – –

For domestic use

8419.199

– – –

Other

8419.40

Distilling or rectifying plant

8419.401

– – –

Fractionating columns for oxygen production

8419.409

– – –

Other

8419.8

Other machinery, plant and equipment

8419.81

– –

For making hot drinks or for cooking or heating food

8419.819

– – –

Other

8419.89

– –

Other

8419.899

– – –

Other

8419.8999

– – –

Other

84.20

Calendering or other rolling machines, other than for metals or glass, and cylinders thereof

8420.10

Calendering or other rolling machines

8420.101

– – –

Ironing machines

8420.1011

– – – –

For domestic use

84.21

Centrifuges, including centrifugal dryers, filtering or purifying machinery and apparatus, for liquids or gases

8421.1

– –

Centrifuge, including centrifugal dryers

8421.121

– – –

For domestic use

8421.2

Filtering or purifying machinery and apparatus for liquids

8421.29

– –

Other

8421.299

– – –

Other

8421.3

Filtering or purifying machinery and apparatus for gases

8421.31

– –

Intake air filters for internal combustion engines

8421.319

– – –

Other

8421.39

– –

Other

8421.399

– – –

Other

8421.9

Parts

8421.91

– –

Of centrifuges, including centrifugal dryers

8421.919

– –

Of centrifuges, including centrifugal dryers

84.23

Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight operated counting or checking machines; weighing machine weights of all kinds

8423.30

Constant weight scales and scales for discharging a predetermined weight of material into a bag or container, including hopper scales

8423.8

Other weighing machinery

8423.81

– –

Having a maximum weighing capacity not exceeding 30 kg

8423.82

– –

Having a maximum weighing capacity exceeding 30 kg but not exceeding 5 000 kg

8423.829

– – –

Other

8423.89

– –

Other

8423.891

– – –

Weighbridges (railway or for trucks and vans)

8423.899

– – –

Other

84.24

Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines

8424.10

Fire extinguishers, whether or not charged

8424.109

– – –

Other

8424.8

Other appliances

8424.81

– –

Agricultural or horticultural

8424.819

– – –

Other

84.27

Fork-lift trucks; other works trucks fitted with lifting or handling equipment

8427.20

Other self-propelled trucks

8427.209

– – –

Other

8427.90

Other trucks

84.28

Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics)

8428.20

Pneumatic elevators and conveyors

8428.209

– – –

Other

8428.3

Other continuous-action elevators and conveyors for goods or materials

8428.39

– –

Other

8428.399

– – –

Other

84.32

Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports-ground rollers

8432.10

Ploughs

8432.2

Harrows, scarifiers, cultivators, weeders and hoes

8432.21

– –

DISC harrows

8432.29

– –

Other

8432.30

Seeds, planters and transplanters

8432.301

– – –

Forest seedling planters

8432.309

– – –

Other

8432.40

Manure spreaders and fertilizer distributors

8432.80

Other machinery

84.33

Harvesting or threshing machinery, including straw or fodder balers; grass or hay mowers; machines for cleaning, sorting or grading eggs, fruit or other agricultural produce, other than machinery of heading No 84.37

8433.1

Mowers for lawns, parks or sports-grounds

8433.11

– –

Powered, with the cutting device rotating in a horizontal plane

8433.19

– –

Other

8433.20

Other mowers, including cutter bars for tractor mounting

84.38

Machinery not specified or included elsewhere in this Chapter, for industrial preparation on manufacture of food drink, other than machinery for the extraction or preparation animal or fixed vegetable fats or oils

8438.50

Machinery for the preparation of meat or poultry

8438.60

Machinery for the preparation of fruits, nuts or vegetables

84.52

Sewing machines, other than book-sewing machines of heading No 84.40; furniture; bases and covers specially designed for sewing machines; sewing machine needles

8452.10

Sewing machines of the household type

84.57

Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal

8457.20

Unit construction machines (single station)

8457.30

Multi-station transfer machines

84.58

Lathes (including turning centers) for removing metal

8458.1

Horizontal lathes

8458.19

– –

Other

84.59

Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing metal, other than lathes (including turning centres) of heading No 84.58

8459.2

Other drilling machines

8459.29

– –

Other

8459.299

– – –

Other

8459.6

Other milling machines

8459.61

– –

Numerically controlled

8459.619

– – –

Other

8459.69

– –

Other

8459.699

– – –

Other

84.60

Machine-tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal or cermets by means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines of heading No 84.61

8460.2

Other grinding machines, in which the positioning in any one axis can be set up to an accuracy of at least 0,01 mm

8460.29

– –

Other

8460.292

– – –

For crank shafts

8460.3

Sharpening (tool or cutter grinding) machines

8460.39

– –

Other

84.61

Machine tools for planing, shaping, slotting, broaching, gear cutting, gear grinding or gear finishing, sawing, cutting-off and other machine-tools working by removing metal or cermets, not elsewhere specified or included

8461.50

Sawing or cutting-off machines

84.81

Taps, cocks, valves and similar appliances for pipes, boiler shell, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves

8481.10

Pressure-reducing valves

8481.109

– – –

Other

8481.30

Check valves

8481.309

– – –

Other

8481.40

Safety or relief valves

8481.409

– – –

Other

8481.80

Other appliances

8481.801

– – –

Regulating valves electromechanically or pneumatically powered

8481.806

– – –

Fixtures for single pipe and double pipe central heating with nominal size 3/8" and more, but not exceeding 3/4"

85.01

Electric motors and generators (excluding generating sets)

8501.3

Other DC motors; DC generators

8501.31

– –

Of an output not exceeding 750 W

8501.319

– – –

Other

8501.33

– –

Of an output exceeding 75 kW but not exceeding 375 kW

8501.339

– – –

Other

8501.40

Other AC motors, single-phase

8501.409

– –

Other

8501.4099

– – –

Other

8501.5

Other AC motors, multi-phase

8501.51

Of an output not exceeding 750 W

8501.519

– – –

Other

8501.5199

– – –

Other

8501.52

– –

Of an output exceeding 750 W but not exceeding 75 kW

8501.529

– – –

Other

8501.5299

– – –

Other

85.02

Electric generating sets and rotary converters

8502.1

Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

8502.11

– –

Of an output not exceeding 75 kVA

8502.119

– – –

Other

8502.12

– –

Of an output exceeding 75 kVA but not exceeding 375 kVA

8502.129

– – –

Other

8502.13

– –

Of an output exceeding 375 kVA

8502.139

– – –

Other

8502.20

Generating sets with spark-ignition internal combustion piston engines

8502.209

– – –

Other

8502.3

Other generating sets

8502.39

Other

8502.391

– – –

DC

8502.3919

– – –

Other

8502.399

– – –

AC

8502.3999

– – –

Other

8502.40

Electric rotary converters

8502.409

– – –

Other

85.04

Electrical transformers, static converters (for example, rectifiers) and inductors

8504.10

Ballasts for discharge lamps or tubes

8504.109

– – –

Other

8504.3

Other transformers

8504.34

– –

Having a power handling capacity exceeding 500 kVA

8504.349

– – –

Other

8504.40

Static converters

8504.409

– – –

Other

85.05

Electro-magnets; permanent magnets and articles intended to become permanent magnets after magnetization; electro-magnetic or permanent magnet chucks, clamps and similar holding devices; electro-magnetic coupling, clutches and brakes; electro-magnetic lifting heads

8505.20

Electro-magnetic couplings, clutches and brakes

85.30

Electrical signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields (other than those of heading No 86.08)

8530.10

Equipment for railways or tramways

8530.80

Other equipment

85.39

Electric filament or discharge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps: arc-lamps

8539.2

Other filament lamps, excluding ultra-violet or infra-red lamps

8539.29

– –

Other

85.44

Insulated (including enamelled or anodized) wire, cable (including co-axial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibres cables, made up of individually sheathed fibres, whether or not assembled with electrical conductors or fitted with electric conductors or fitted with connectors

8544.1

Winding wire

8544.111

– – –

With a diameter not exceeding 2,50 mm

8544.20

Co-axial cable and other co-axial electric conductors

86.01

Rail locomotives powered from an external source of electricity or by electric accumulators

8601.10

Powered from an external source of electricity or by electric accumulators

8601.102

– – –

For ordinary gauge tracks

8601.109

– – –

Other

86.02

Other rail locomotives; locomotive tenders

8602.10

Diesel-electric locomotives

8602.90

Other

8602.901

– – –

Ex-proof diesel-mechanical

8602.902

– – –

Diesel-hydraulic

8602.909

– – –

Other

86.03

Self-propelled railway or tramway or tramway coaches, vans and trucks, other than those of heading No 86.04

8603.10

Powered from an external source of electricity

8603.101

– – –

Tramway rail-cars for passengers

8603.102

– – –

Passenger motor units

8603.103

– – –

Passenger motor cars

8603.109

– – –

Other

8603.90

Other

8603.901

– – –

Passenger motor units

8603.902

– – –

Passenger motor cars

8603.909

– – –

Other

8605.00

Railway or tramway passenger coaches, not self-propelled: luggage vans, post office coaches and other special purpose railway or tramway coaches, not self propelled (excluding those of heading No 86.04)

8605.001

– – –

Ambulances

8605.002

– – –

Railway: passenger and post-office coaches, luggage vans and official coaches

8605.009

– – –

Other

86.06

Railway or tramway goods vans and wagons, not self-propelled

8606.10

Tank wagons and the like

8606.20

Insulated or refrigerated vans and wagons, other than those of subheading No 8606.10

8606.30

Self-discharging vans and wagons, other than those of subheading No 8606.10 or 8606.20

8606.9

Other

8606.91

– –

Covered and closed

8606.911

– – –

For transport of live fish

8606.919

– – –

Other

8606.92

– –

Open, with non-removable sides of a height exceeding 60 cm

8606.99

– –

Other

8606.991

– – –

Tramway vans and wagons

8606.999

– – –

Other

86.07

Parts of railway or tramway locomotives or rolling-stock

8607.1

Bogies, bissel-bogies, axles and wheels and parts thereof

8607.11

– –

Driving bogies and bissel-bogies

8607.12

– –

Other bogies and bissel-bogies

8607.30

Hooks and other coupling devices, buffers, and parts thereof

8609.00

Containers (including containers for the transport of fluids) specially designed and equipped for carriage by one or more modes of transport

8609.009

– – –

Other

87.01

Tractors (other than tractors of heading No 87.09)

8701.20

Road tractors for semi trailers

8701.202

– – –

Used, of an engine power not exceeding 300 kW

8701.204

– – –

Used, of an engine power exceeding 300 kW

87.02

Motor vehicles for the transport of ten or more persons, including the driver

8702.10

With compression ignition internal combustion piston engine (diesel or semi diesel)

8702.101

– – –

Motor buses and coaches, new

8702.102

– – –

Motor buses and coaches, used

8702.90

– –

Other

8702.901

– – –

Other motor buses and coaches, new

8702.902

– – –

Other motor buses and coaches, used

8702.903

– – –

Trolleybuses

8702.909

– – –

Other

87.03

Motor cars and other motor vehicles principally designed for the transport of persons (other than those heading No 87.02) including station wagons and racing cars

8703.2

Other vehicles, with spark ignition internal combustion reciprocating piston engine

8703.21

– –

Of a cylinder capacity not exceeding 1 000 cm3

8703.212

– – –

Motor cars, used

8703.219

– – –

Other, used

8703.22

– –

Of a cylinder capacity exceeding 1 000 cm3 but not exceeding 1 500 cm3

8703.222

– – –

Motor cars, used

8703.229

– – –

Other, used

8703.23

– –

Of a cylinder capacity exceeding 1 500 cm3 but not exceeding 3 000 cm3

8703.232

– – –

Motor cars, used

8703.235

– – –

On-road/off-road, used

8703.239

– – –

Other, used

8703.24

– –

Of a cylinder capacity exceeding 3 000 cm3

8703.242

– – –

Motor cars, used

8703.245

– – –

On-road/off-road, used

8703.249

– – –

Other, used

8703.3

Other vehicles with compression ignition internal combustion piston engine (diesel or semi diesel)

8703.31

– –

Of a cylinder capacity not exceeding 1 500 cm3

8703.312

– – –

Motor cars, used

8703.319

– – –

Other, used

8703.32

– –

Of a cylinder capacity exceeding 1 500 cm3 but not exceeding 2 500 cm3

8703.322

– – –

Motor cars, used

8703.325

– – –

On-road/off-road, used

8703.329

– – –

Other, used

8703.33

Of a cylinder capacity exceeding 2 500 cm3

8703.332

– – –

Motor cars, used

8703.335

– – –

On-road/off-road, used

8703.339

– – –

Other, used

8703.90

Other

8703.902

– – –

Motor cars, used

8703.909

– – –

Other, used

87.04

Motor vehicles for the transport of goods

8704.2

Other vehicles with compression ignition internal combustion piston engine (diesel or semi diesel)

8704.23

– –

Of a gross vehicle weight exceeding 20 tonnes

8704.231

– – –

Tankers

8706.00

Chassis fitted with engines, for the motor vehicles of headings No 87.01 to 87.05

8706.002

– – –

For tractors

87.07

Bodies (including cabs) for the motor vehicles of headings No 87.01 to 87.05

8707.10

For the vehicles of heading No 87.03

8707.90

Other

8707.901

– – –

For motor buses and trolleybuses

8707.902

– – –

Closed aluminum bodies for lorries

8707.909

– – –

Other

87.08

Parts and accessories of the motor vehicles of headings No 87.01 to 87.05

8708.10

Bumpers and parts thereof

8708.2

Other parts and accessories of bodies (including cabs)

8708.291

– – –

Aluminum sideboards for lorry bodies

8708.3

Brakes and servo-brakes and parts thereof

8708.39

– –

Other

8708.9

Other parts and accessories

8708.92

– –

Silencers and exhaust pipes

8708.93

– –

Clutches and parts thereof

8708.99

– –

Other

8708.991

– – –

Joints, buckles and support guides except universal joints

8708.992

– – –

Other parts, worked

8708.999

– – –

Other parts, not further worked

87.11

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars

8711.10

With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cm3

8711.20

With reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cm3 but not exceeding 250 cm3

8711.201

– – –

New

8711.209

– – –

Used

8711.30

With reciprocating internal combustion piston engine of a cylinder capacity exceeding 250 cm3 but not exceeding 500 cm3

8711.301

– – –

New

8711.309

– – –

Used

8711.40

With reciprocating internal combustion piston engine of a cylinder capacity exceeding 500 cm3 but not exceeding 800 cm3

8711.401

– – –

New

8711.409

– – –

Used

8711.50

With reciprocating internal combustion piston engine of a cylinder capacity exceeding 800 cm3

8711.509

– – –

Used

8711.90

Other

8711.901

– – –

Side-cars

8711.909

– – –

Other

87.14

Parts and accessories of vehicles of heading Nos. 87.11 to 87.13

8714.1

Of motorcycles (including mopeds)

8714.11

– –

Saddles

8714.9

Other

8714.92

– –

Wheel rims and spokes

8714.93

– –

Hubs, other than coaster braking hubs and hub brakes, and free-wheel sprocket-wheels

8714.94

– –

Brakes, including coaster braking hubs and hub brakes, and parts thereof

8714.95

– –

Saddles

87.16

Trailers and semi-trailers, other vehicles, not mechanically propelled; parts thereof

8716.20

Self-loading or self-unloading trailers and semi-trailers for agricultural purposes

8716.209

– – –

Other

8716.3

Other trailers and semi-trailers for the transport of goods

8716.31

– –

Tanker trailers and tanker semi-trailers

8716.311

– – –

For liquefied gases

8716.40

Other trailers and semi-trailers

8716.80

Other vehicles

89.03

Yachts and other vessels for pleasure or sports; rowing boats and canoes

8903.10

Inflatable

8903.9

Other

8903.92

– –

Motorboats, other than outboard motorboats

8903.99

– –

Other

94.01

Seats (other than those of heading No 94.02) whether or not convertible into beds, and parts thereof

9401.30

Swivel seats with variable height adjustment

9401.90

Parts

9401.902

– – –

Of metals, excluding shock-absorbers

9401.903

– – –

Shock-absorbers

9401.904

– – –

Of plastics

94.04

Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastic, whether or not covered

9404.10

Mattress supports

9404.2

Mattress

9404.21

– –

Of cellular rubber or plastics, whether or not covered

9404.29

– –

Of other materials

9404.30

Sleeping bags

9404.90

Other

9406.00

Prefabricated buildings

9406.001

– – –

Of plastics

9406.002

– – –

Of cement, of concrete or of artificial stone

9406.004

– – –

Of steel

9406.005

– – –

Of wood

9406.009

– – –

Other

9602.00

Worked vegetable or mineral carving material and articles of these materials, moulded or carved articles of wax, of stearin of natural gums or natural resins or of modeling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading No 35.03) and articles of unhardened gelatin

9602.001

– – –

Gelatin capsules for pharmaceutical purposes

9602.002

– – –

Worked vegetable or mineral materials and articles of these materials

9602.009

– – –

Other

96.06

Buttons, press-fasteners, snap fasteners and press-studs button moulds and other parts of these articles; button blanks

9606.10

Press-fasteners, snap-fasteners and press-studs and parts therefor

9606.2

Buttons

9606.21

– –

Of plastics, not covered with textile material

9606.22

– –

Of base metal, not covered with textile material

9606.29

– –

Other

9606.30

Button moulds and other parts of buttons; button blanks

96.07

Slide fasteners and parts thereof

9607.1

Slide fasteners

9607.11

– –

Fitted with chain scoops of base metal

9607.19

– –

Other

9607.20

Parts

96.08

Ball point pens; felt pens, tipped and other porous-tipped pens and markers; fountains pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencil-holders and similar holders; parts (including caps and clips) of the foregoing other than those of heading No 96.09

9608.10

Ball point pens

9608.20

Felt tipped and other porous-tipped pens and markers

9608.209

– – –

Other

9608.3

Fountain pens, stylograph pens and other pens

9608.31

– –

Indian ink drawing pens

9608.39

– –

Other

9608.40

Propelling or sliding pencils

9608.50

Sets of articles from two or more of the foregoing subheadings

9608.60

Refills for ball point pens, comprising the ball point and ink-reservoir

9608.9

Other

9608.91

– –

Pen nibs and nib points

9608.911

– – –

Golden pen nibs for writing

9608.912

– – –

Other pen nibs for writing

9608.913

– – –

Pen nibs for drawing

9608.919

– – –

Nib points

9608.99

– –

Other

9608.992

– – –

Refills for felt tipped pens

9608.999

– – –

Other

96.09

Pencils (other than pencils of heading No 96.08), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors chalks

9609.10

Pencils and crayons, with leads encased in a rigid sheath

9609.20

Pencil leads, black or coloured

9609.90

Other

ANNEX II

CROATIAN TARIFF CONCESSION FOR COMMUNITY INDUSTRIAL PRODUCTS

referred to in Article 18(3)

Duty rates will be reduced as follows:

on the date of entry into force of the Agreement, duty shall be reduced to 70 % of the basic duty

on 1 January 2003, duty shall be reduced to 50 % of the basic duty

on 1 January 2004, duty shall be reduced to 40 % of the basic duty

on 1 January 2005, duty shall be reduced to 30 % of the basic duty

on 1 January 2006, duty shall be reduced to 15 % of the basic duty

on 1 January 2007, the remaining duties shall be abolished.

HS 6+

Description

25.22

Quicklime, slaked lime and hydraulic lime, other than calcium oxide and hydroxide of heading No 28.25

2522.10

Quicklime

2522.20

Slaked lime

2522.30

Hydraulic lime

25.23

Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cement, whether or not coloured or in the form of clinkers

2523.10

Cement clinkers

2523.109

– – –

Other

2523.2

Portland cement

2523.29

– –

Other

2523.292

– – –

Portland cement with additions

2523.294

– – –

Sulphate resistant cement

2523.295

– – –

Cement with low temperature of hydration

2523.296

– – –

Metallurgical cement and cement for blast furnaces

2523.299

– – –

Other

2523.30

Aluminous cement

2523.301

– – –

Aluminous cement with content Al2O3 not exceeding 50 %

2523.90

Other hydraulic cements

2710.00

Petroleum oils and oils obtained from bituminous minerals other than crude; preparations not elsewhere specified or included containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations

2710.001

– – –

Motor petrol and other light oils

2710.0012

– – – –

Leadless motor petrol

2710.0013

– – – –

Other motor petrols

2710.0019

– – – –

Other light oils and products based on light oils

2710.002

– – –

Kerosene and other medium oils

2710.0024

– – – –

Other petroleum

2710.0029

– – – –

Other medium oils and preparations on the basis of those oils

2710.003

– – –

Heavy oils except waste and intended for further manufacturing

2710.0031

– – – –

Gas oils

2710.0032

– – – –

Extra light and light special fuel oil

2710.009

– – –

Other

2710.0099

– – – –

Waste oils

2807.00

Sulphuric acid; oleum

2807.001

– – –

Sulphuric acid, pro analysis

2808.00

Nitric acid; sulphonitric acids

2808.001

– – –

Nitric acid, pro analysis

31.02

Mineral or chemical fertilisers, nitrogenous

3102.90

Other, including mixtures not specified in the foregoing subheadings

31.05

Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorus and potassium; other fertilisers, goods of this Chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg

3105.10

Goods of this Chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg

32.06

Other colouring matter; preparations as specified in Note 3 to this Chapter, other than those of heading No 32.03, 32.04 or 32.05; inorganic products of a kind used as luminophores, whether or not chemically defined

3206.20

Pigments and preparations based on titanium dioxide

3206.201

– – –

Chromium greens

3206.202

– – –

Zinc yellows (zinc chromate)

3206.209

– – –

Other

3206.4

Other colouring matter and other preparations

3206.49

Other

3206.492

– – –

Concentrated dispersions of pigments

3206.494

– – –

Based on carbon black

33.04

Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations

3304.10

– –

Lip make up preparations

3304.109

– – –

For retail sale

3304.20

– –

Eye make-up preparations

3304.209

– – –

For retail sale

3304.30

– –

Manicure or pedicure preparations

3304.309

– – –

For retail sale

33.05

Preparations for use on the hair

3305.10

– –

Shampoos

3305.109

– – –

For retail sale

3305.20

– –

Preparations for permanent waving or straightening

3305.209

– – –

For retail sale

3305.30

– –

Hair lacquers

3305.309

– – –

For retail sale

3305.90

– –

Other

3305.909

– – –

For retail sale

33.06

Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages

3306.10

– –

Dentifrices

3306.109

– – –

For retail sale

3306.90

– –

Other

3306.909

– – –

For retail sale

33.07

Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilators and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included, prepared room deodorizers, whether or not perfumed or having disinfectant properties

3307.10

Pre-shave, shaving or after-shave preparations

3307.109

– – –

For retail sale

3307.20

– –

Personal deodorants and antiperspirants

3307.209

– – –

For retail sale

3307.30

– –

Perfumed bathsalts and other bath preparations

3307.309

– – –

For retail sale

3307.4

Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites

3307.49

– –

Other

3307.499

– – –

For retail sale

34.02

Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, where or not containing soap, other than those of heading No 34.01

3402.1

– –

Organic surface-active agents, whether or not put up for retail sale

3402.11

– –

Anionic

3402.111

– – –

Alkylarylsulphonates

3402.112

– – –

Polyglycol ether lauryl alcohol sulphonate

3402.20

– –

Preparations put up for retail sale

3402.201

– – –

In powder for washing

3402.209

– – –

Other

3402.90

Other

3402.901

– – –

In powder for washing

38.08

Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)

3808.20

Fungicides

3808.209

– – –

Other fungicides, except for plant protection

39.17

Tubes, pipes and hoses, and fittings thereof (for example, joints, elbows, flanges) of plastics

3917.2

Tubes, pipes and hoses, rigid

3917.21

– –

Of polymers of ethylene

3917.211

– – –

For submarine water line

3917.219

– – –

Other

3917.2199

– – –

Other

3917.22

– –

Of polymers of propylene

3917.229

– – –

Other

3917.23

– –

Of polymers of vinyl chloride

3917.239

– – –

Other

3917.29

– –

Of other plastics

3917.299

– – –

Other

3917.31

– –

Flexible tubes, pipes and hoses, having a minimum burst pressure of 27,6 MPa

3917.319

– – –

Other

3917.32

– –

Other, not reinforced or otherwise combined with other materials, with fittings

3917.329

– –

Other

3917.33

– –

Other, not reinforced or otherwise combined with other materials, with fittings

3917.339

– – –

Other

3917.39

– –

Other

3917.399

– – –

Other

3917.40

Fittings

3917.409

– – –

Other

39.18

Floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles; wall or ceiling coverings of plastics, as defined in Note 9 to this Chapter

3918.10

Of polymers of vinyl chloride

3918.90

Of other plastics

39.19

Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls

3919.10

In rolls of a width not exceeding 20 cm

3919.101

– – –

Of polypropylene

3919.102

– – –

Of polyvinyl chloride

3919.103

– – –

Of polyethylene

3919.109

– – –

Other

39.20

Other plates, sheet, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials

3920.10

Of polymers of ethylene

3920.109

– – –

Other

3920.30

Of polymers of styrene

3920.4

Of polymers of vinyl chloride

3920.42

– –

Flexible

40.12

Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, interchangeable tyre treads and tyre flaps, of rubber

4012.10

Retreaded tyres

4012.109

– – –

Other

4012.20

Used pneumatic tyres

4012.209

– – –

Other

4012.90

Other

4012.909

– – –

Other

44.09

Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges of faces, whether or not planed, sanded or finger-jointed

4409.20

Non-coniferous

4409.202

– – –

Of other wood

4409.203

– – –

Parquet flooring of beech

4409.204

– – –

Parquet flooring of other deciduous

4409.209

– – –

Other

48.05

Other uncoated paper and paperboard, in rolls or sheets not further worked or processed that are specified in Note 2 to this Chapter

4805.2

Multi-ply paper and paperboard

4805.29

– –

Other

4805.291

– – –

Testliner-brown

4805.299

– – –

Other

4805.30

Sulphite wrapping paper

4805.60

Other paper and paperboard, weighing 150g/m2 or less

4805.601

– – –

Fluting from wastepaper

4805.609

– – –

Other

4805.6091

– – – –

Common wrapping paper

4805.6099

– – – –

Other

4805.70

Other paper and paperboard, weighing more than 150 g/m, but less than 225 g/m

48.08

Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets, other than paper of the kind described in heading No 48.03

4808.10

Corrugated paper and paperboard, whether or not perforated

64.01

Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes

6401.10

Footwear, incorporating a protective metal toe-cap

6401.9

Other footwear

6401.91

– –

Covering the knee

6401.92

– –

Covering the ankle but not covering the knee

6401.99

– –

Other

64.05

Other footwear

6405.90

Other

68.10

Articles of cement, of concrete or of artificial stone whether or not reinforced

6810.1

Tiles, flagstones, bricks and similar articles

6810.11

– –

Blocks and bricks for building

6810.19

– –

Other

6810.9

Other articles

6810.91

– –

Prefabricated structural components for building or civil engineering

6810.99

Other

68.11

Articles of asbestos-cement, of cellulose fibre-cement or the like

6811.10

Wavy flagstones

6811.20

Other sheets, panels, tiles and similar articles

6811.30

Tubes, pipes and tube or pipe fittings

6811.90

Other articles

69.08

Glazed ceramic flags and paving, hearth or wall tiles; glazed ceramic mosaic cubes and the like, whether or not on a backing

6908.10

Tiles, cubes and similar articles, whether or not rectangular, the largest surface area of which is capable of being enclosed in a square the side of which is less than 7 cm

70.03

Cast glass and rolled glass, in sheets or profiles, whether or not having an absorbent, reflecting or non-reflecting layer, but not otherwise worked

7003.1

Non-wired sheets

7003.12

– –

Coloured throughout the mass (body tinted), opacified, flashed or having an absorbent, reflecting or non-reflecting layer

7003.19

– –

Other

7003.199

– – –

Other

7003.20

Wired sheets

7003.30

Profiles

70.07

Safety glass, consisting of toughened (tempered) or laminated glass

7007.1

Toughened (tempered) safety glass

7007.11

– –

Of size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels

7007.19

Other

7007.2

Laminated safety glass

7007.21

– –

Of size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels

7007.219

– – –

Other

7007.29

– –

Other

70.10

Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass stoppers, lids and other closures, of glass

7010.10

Ampoules

7010.20

Stoppers, lids and other closures

7010.9

Other, of a capacity

7010.91

– –

Exceeding 1 l

7010.92

– –

Exceeding 0,33 l but not exceeding 1 l

73.02

Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods other crossing pieces, sleepers (cross-ties), fish plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails

7302.40

Fish-plates and sole plates

7302.90

Other

73.04

Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron)

7304.10

Line pipe of a kind used for oil or gas pipelines

7304.2

Casing, tubing and drill pipe, of a kind used in drilling for oil or gas

7304.29

– –

Other

7304.292

– – –

Casing of other steels of an external diameter less than 16"

7304.295

– – –

Other tubing of other steels

7304.299

– – –

Other

7304.3

Other, of circular cross section, of iron or non alloy steel

7304.31

– –

Cold drawn or cold rolled (cold reduced)

7304.319

– – –

Other

7304.3199

– – –

Other

7304.39

– –

Other

7304.399

– – –

Other

73.06

Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel

7306.10

Line pipe of a kind used for oil or gas pipelines

7306.20

Casing and tubing of a kind used in drilling for oil or gas

7306.201

– – –

Casing of an external diameter not exceeding 16"

7306.30

Other, welded, of circular cross-section, of iron or non-alloy steel

7306.309

– – –

Other

7306.60

Other, welded, of non-circular cross-section

7306.601

– – –

Of iron and steel of square or rectangular cross-section not exceeding 280 mm

7306.6019

– – –

Other

73.10

Tanks, casks, drums, cans, boxes and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of capacity not exceeding 300 l, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment

7310.10

Of a capacity of 50 l or more

7310.2

Of a capacity of less than 50 l

7310.21

– –

Cans which are to be closed by soldering or crimping

7310.29

– –

Other

7310.299

– – –

Other

73.14

Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel

7314.20

Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more and having a mesh size of 100 cm2 or more

73.21

Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas-rings, plate warmers and similar non-electric domestic appliances, and parts thereof, of iron or steel

7321.1

Cooking appliances and plate warmers

7321.12

– –

For liquid fuel

7321.8

Other appliances

7321.81

– –

For gas fuel or for both gas and other fuels

7321.82

– –

For liquid fuel

7321.83

– –

For solid fuel

7321.90

Parts

73.22

Radiators for central heating, not electrically heated, and parts thereof, of iron or steel; air heaters and hot air distributors (including distributors which can also distribute fresh or conditioned air), not electrically heated, incorporating a motor-driven fan or blower, and parts thereof, of iron or steel

7322.1

Radiators and parts thereof

7322.11

– –

Of cast iron

7322.19

– –

Other

7322.90

Other

7322.909

– – –

Other

76.04

Aluminum bars, rods and profiles

7604.10

Of aluminum, not alloyed

7604.2

Of aluminum alloys

7604.21

– –

Hollow profiles

7604.211

– – –

Surface protected (painted, varnished or coated with plastics)

7604.219

– – –

Other

7604.29

– –

Other

76.05

Aluminum wire

7605.1

Of aluminum, not alloyed

7605.11

– –

Of which the maximum cross-sectional dimension exceeds 7 mm

7605.119

– – –

Other

7605.19

– –

Other

76.06

Aluminum plates, sheets and strip, of a thickness exceeding 0,2 mm

7606.1

Rectangular (including square)

7606.11

– –

Of aluminum, not alloyed

7606.119

– – –

Other

7606.12

– –

Of aluminum alloys

7606.122

– – –

Aluminum sheets surface worked (painted, varnished or coated with plastics)

7606.129

– – –

Other

7606.9

Other

7606.91

– –

Of aluminum, not alloyed

7606.92

– –

Of aluminum alloys

76.07

Aluminum foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm

7607.1

Not backed

7607.19

– –

Other

7607.199

– – –

Other

7607.20

Backed

7607.209

– – –

Other

76.08

Aluminum tubes and pipes

7608.10

Of aluminum, not alloyed

7608.109

– – –

Other

7608.20

Of aluminum alloys

7608.209

– –

Other

7609.00

Aluminum tube or pipe fittings (for example, couplings, elbows, sleeves)

76.16

Other articles of aluminum

7616.9

Other

7616.99

– –

Other

7616.991

– – –

Radiators

7616.999

– – –

Other

82.15

Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware

8215.10

Sets of assorted articles containing at least one article plated with precious metal

8215.20

Other sets of assorted articles

8215.9

Other

8215.91

– –

Plated with precious metal

8215.99

– –

Other

83.09

Stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles; threaded bungs, bung covers, seals and other packing accessories, of base metal

8309.10

Crown corks

8309.90

Other

8309.901

– – –

Screw caps

83.11

Wire, rods, tubes, plates, electrodes and similar products of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying

8311.10

Coated electrodes of base metal, for electric arc-welding

8311.20

Cored wire of base metal, for electric arc-welding

8311.30

Coated rods and cored wire, of base metal, for soldering, brazing or welding by flame

8311.90

Other, including parts

84.03

Central heating boilers other than those of heading No 84.02

8403.10

Boilers

8403.101

– – –

Using gas or gas and other fuel

8403.102

– – –

Using liquid fuel

8403.103

– – –

Using solid fuel

8403.109

– – –

Other

84.04

Auxiliary plant for use with boilers of heading No 84.02 or 84.03 (for example, economizers, super-heaters, soot removers, gas recoverers), condensers for steam or the vapour power units

8404.10

Auxiliary plant for use with boilers of heading No 84.02 or 84.03

8404.101

– – –

For use with boilers of heading No 8402

8404.109

– – –

For use with boilers of heading No 8403

8404.20

Condensers for steam or other vapour power units

84.06

Steam turbines and other vapour turbines

8406.10

Turbines for marine propulsion

8406.101

– – –

Condensation turbines of a minimum output of 6 000 kW

8406.109

– – –

Other

8406.8

Other turbines

8406.81

– –

Of an output exceeding 40 MW

8406.811

– – –

For driving of electric generators of a minimum output of 200 000 kW in power stations or in heat and power stations

8406.819

– – –

Other

8406.82

– –

Of an output not exceeding 40 MW

8406.821

– – –

Condensation turbines of a minimum output of 6 000 kW

8406.829

– – –

Other

84.08

Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)

8408.10

Marine propulsion engines

8408.102

– – –

With a engine power exceeding 150 kW but not exceeding 400 kW

8408.109

– – –

Other

84.13

Pumps for liquids, whether or not fitted with a measuring device, liquid elevators

8413.11

– –

Pumps for dispensing fuel or lubricants, of the type used in filling-stations or in garages

8413.30

Fuel, lubricating or cooling medium pumps for internal combustion piston engines

8413.309

– – –

Other

8413.60

– –

Other rotary positive displacement

8413.601

– – –

Helicoidal monopumps for aggressive chemical materials

8413.602

– – –

Gear pumps for dosing of polymer materials for extruding of man-made textile monofilaments, for aggressive materials

8413.603

– – –

Gear pumps for hydraulic fluid power

8413.6039

– – –

Other

8413.604

– – –

Screw pumps

8413.6049

– – –

Other

8413.605

– – –

Vane pumps

8413.6059

– – –

Other

8413.609

– – –

Other

8413.6099

– – –

Other

8413.70

– –

Other centrifugal pumps

8413.701

– – –

Multistage mud pumps for oil and gas wells

84.14

Air or vacuum pumps, air or other gas compressors and fans, ventilating or recycling hoods incorporating a fan, whether or not fitted with filters

8414.20

Hand- or foot-operated air pumps

8414.209

– – –

Other

84.16

Furnace burners for liquid fuel, for pulverized solid fuel or for gas; mechanical stokers; including their mechanical grates, mechanical ash discharges and similar appliances

8416.10

Furnace burners for liquid fuel

8416.101

– – –

With capacity not exceeding 2 kg per hour

8416.102

– – –

With capacity exceeding 300 kg per hour

8416.109

– – –

Other

8416.20

Other furnace burners, including combination burners

8416.201

– – –

With capacity not exceeding 84 MJ per hour

8416.202

– – –

For solid fuels

8416.30

Mechanical stokers, including their mechanical grates, mechanical ash dischargers and similar appliances

8416.301

– –

Mechanical ash dischargers

8416.309

– – –

Other

8416.90

Parts

84.24

Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines

8424.20

Spray guns and similar appliances

8424.30

Steam or sand blasting machines and similar jet projecting machines

8424.8

Other appliances

8424.81

Agricultural or horticultural

8424.811

– – –

Sprayers for vineyards

8424.813

– – –

Other atomizers not exceeding 400 l

84.26

Ship's derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works truck fitted with a crane

8426.1

Overhead travelling cranes, transporter cranes, gantry cranes, bridge cranes, mobile lifting frames and straddle carriers

8426.11

– –

Overhead travelling cranes on fixed support

8426.111

– – –

For melting plants

8426.119

– – –

Other

8426.20

Tower cranes

8426.209

– – –

Other

8426.9

Other machinery

8426.91

– –

Designed for mounting on road vehicles

8426.99

– –

Other

8426.999

– – –

Other

84.28

Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics)

8428.10

Lifts and skip hoists

8428.103

– – –

Other passenger or good lifts for housing, business and industrial buildings and for hospitals

8428.3

Other continuous-action elevators and conveyors for goods or materials

8428.33

– –

Other, belt type

8428.339

– – –

Other

8428.40

Escalators and moving walkways

8428.90

Other machinery

8428.901

– – –

Handling machinery for industry, of bricks and roofing tiles

8428.909

– – –

Other

8428.9099

– – –

Other

84.29

Self-propelled bulldozers, angledozers, grades, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers

8429.5

Mechanical shovels, excavators and shovel loaders

8429.51

– –

Front-end shovel loaders

8429.512

– – –

On wheels, with a engine power not exceeding 184 kW

84.33

Harvesting or threshing machinery, including straw or fodder balers; grass or hay mowers; machines for cleaning, sorting or grading eggs, fruit or other agricultural produce, other than machinery of heading No 84.37

8433.5

Other harvesting machinery, threshing machinery

8433.51

Combine harvester-threshers

8433.511

– –

For grain and maize

8433.5112

– – – –

With engine power exceeding 45 kW but not exceeding 167 kW

84.58

Lathes (including turning centres) for removing metal

8458.1

Horizontal lathes

8458.11

– –

Numerically controlled

84.59

Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing metal, other than lathes (including turning centres) of heading No 84.58

8459.10

Way-type unit head machines

8459.5

Milling machines, knee-type

8459.51

– –

Numerically controlled

84.60

Machine-tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal or cermets by means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines of heading No 84.61

8460.2

Other grinding machines in which the positioning in any one axis can be set up to an accuracy of at least 0,01 mm

8460.29

Other

8460.291

– – –

For ball or roller bearing parts

84.81

Taps, cocks, valves and similar appliances for pipes, boiler shell, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves

8481.10

Pressure-reducing valves

8481.101

– – –

Pressure-regulating valves for compressed gas cylinders

8481.30

Check valves

8481.301

– – –

Vacuum baskets with valve

8481.40

Safety or relief valves

8481.401

– – –

With normal size of 15 mm and more but not exceeding 1 200 mm and with pressure rating not exceeding 16 Mpa

8481.80

Other appliances

8481.802

– – –

Gate valves and butterfly valves with nominal size 25 mm and more but not exceeding 1 200 mm and with pressure rating “not exceeding 4 MPa; forged gate valves with nominal size 1/2" and more but not exceeding 2" and with pressure-rating” not exceeding 16 Mpa

8481.803

– – –

Shut-off valves with nominal size 8 mm and more but not exceeding 400 mm and with pressure rating not exceeding 4 MPa; “forged shut-off valves with nominal size 1/2" and more but not exceeding 2" and with pressure rating not exceeding 16” MPa; shut-off

8481.804

– – –

Ball taps with nominal size 8 mm and more but not exceeding 700 mm and with pressure rating not exceeding 10 MPa

8481.805

– – –

Underground and surface hydrants, valves and drilling saddles for household connections, air inlet-relief valves (with two balls), inlet strainers with valve ball bearings

85.01

Electric motors and generators (excluding generating sets)

8501.3

Other DC motors; DC generators

8501.32

– –

Of an output exceeding 750 W but not exceeding 75 kW

8501.329

– – –

Other

8501.34

– –

Of an output exceeding 375 kW

8501.349

– – –

Other

8501.40

Other AC motors, single phase

8501.4099

– – –

Other

8501.5

Other AC motors, multi-phase

8501.51

Of an output not exceeding 750 W

8501.511

– – –

Motors with reduction gear for doors opening and closing

8501.53

– –

Of an output exceeding 75 kW

8501.539

– – –

Other

8501.6

AC generators (alternators)

8501.61

– –

Of an output not exceeding 75 kVA

8501.619

– – –

Other

8501.62

– –

Of an output exceeding 75 kVA but not exceeding 375 kVA

8501.629

– – –

Other

8501.63

– –

Of an output exceeding 375 kVA but not exceeding 750 kVA

8501.639

– – –

Other

8501.64

– –

Of an output exceeding 750 kVA

85.04

Electrical transformers, static converters (for example, rectifiers) and inductors

8504.2

Liquid dielectric transformers

8504.21

– –

Having a power handling capacity not exceeding 650 kVA

8504.211

– – –

Measuring transformers

8504.219

– – –

Other

8504.22

– –

Having a power handling capacity exceeding 650 kVA but not exceeding 10 000 kVA

8504.23

– –

Having a power handling capacity exceeding 10 000 kVA

8504.3

Other transformers