. /.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/HRV/45/Corr.21
26 January 1999
(99-0275)
Working Party on the
Accession of CroatiaOriginal:  English
ACCESSION OF CROATIA
Additional Questions and Replies to the
Memorandum on the Foreign Trade Régime (L/7466)
Corrigendum
Questions 10 and 25 should be replaced as follows:
Question 10
Please explain how the 1 per cent customs evidence fee applied to imports from the Former
Yugoslav Republic of Macedonia and the Bosnian Federation are consistent with the provisionsof Article VIII?
Reply:
In respect to the Free Trade Agreement in force between Croatia and the Former Yugoslav
Republic of Macedonia, we would like to point out that Croatia applies a 1 per cent customs duty to
imports of the Former Yugoslav Republic of Macedonia and not a 1 per cent customs evidence fee(Art. 3 par.2 of the Agreement). Croatian exports to the Former Yugoslav Republic of Macedonia are
on the other hand charged with a 1 per cent customs evidence fee (Art. 3 par. 2 of the Agreement), in
accordance with the existing Former Yugoslav Republic of Macedonia legislation. Therefore, it is our
opinion that the Croatian treatment of the Former Yugoslav Republic of Macedonia imports is in
compliance with Article VIII of the GATT.
With regard to the "customs evidence fee" applied by the Former Yugoslav Republic of
Macedonia and applied under the Agreement on Economic Cooperation between Croatia and theFederation of Bosnia and Herzegovina, one should take into account that Bosnia and Herzegovina and
the Former Yugoslav Republic of Macedonia are not WTO members and that the legislation in these
countries is not in compliance with the WTO provisions. The Agreement between Croatia and the
Federation of Bosnia and Herzegovina was concluded in 1995, before the Dayton Agreement and
before the adoption of the Croatian Customs Tariff Law which abolished all charges and fees otherthan ordinary customs duty. This "customs evidence fee" is actually an administrative fee for costs
beard by customs authorities, although it is expressed in a percentage rather than in a fixed amount.
However, Croatia is aware that such provisions contained in these two Agreements are not in
compliance with Article XXIV of the GATT. Therefore, Croatia undertakes a commitment in its
Protocol of Accession to initiate the revision of these Agreements in order to bring them incompliance with Article XXIV. In addition, we would like to reiterate that Croatia would begin
negotiations on concluding a Free Trade Agreement which will be valid for substantially all trade of
                                                     
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products originating from the Republic of Croatia and the whole territory of Bosnia and Herzegovina
in line with similar FTA's among European countries.
Question 25
Concerning question 17, please clarify the competence of the Croatian chamber of Commerce,
which seems to decide the conditions for the protection of wines. If so, please explain what kindof conditions are decided.
Reply:
According to Article 40 of the Industrial Property Law ("Official Gazette of the Republic of
Croatia no. 53/91, 19/92, 61/92 and 26/93) of the Croatian Chamber of Commerce shall determine:
- geographical names which shall be protected by an appellation of origin;
- products which may be put to circulation with the specified appellation of origin;
- a place or territory respectively the product is originating from;
- the way of marking products;
- detailed requirements for the grant of rights to use certain marks.
However, the cited provision is a general provision ordering the Croatian Chamber of Commerce the
procedure in any such case where the indicated matters are not regulated by a special law concerning
particular products.
With regard to wines, the above-mentioned matters are regulated by the Law on Wines and
the Regulations Concerning Wines (Official Gazette of the Republic of Croatia no. 34/95 and 96/96).
Pursuant to the same, a wine or other grape product complying with the requirements
stipulated by the Law on Wines and the pertaining Regulations, concerning the acquisition of the
mark of the controlled origin may be protected by entering it into the register of protected appellationsof origin.  Such entry shall be carried out by the State Office after the proposal given by the Croatian
Chamber of Commerce.  Giving the proposal to the Croatian Chamber of commerce shall mean that
the Ministry of Agriculture and Forestry has, on the basis of the previously carried out examination
procedure, issued a decision quoting that the requirements for marking wines with the controlled
origin prescribed by the Law on Wines and the pertaining regulations have been met.
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