Commission Regulation (EC) No 53/2004 of 12 January 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in Egypt
53/2004 • 32004R0053
Legal Acts - Regulations
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13.1.2004
EN
Official Journal of the European Union
L 7/24
COMMISSION REGULATION (EC) No 53/2004
of 12 January 2004
amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in Egypt
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 (1), and in particular Article 5(1)(b) thereof,
Whereas:
(1)
Pending the completion of the procedure necessary for the ratification and entry into force of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States on the one part, and the Arab Republic of Egypt on the other part, signed on 25 June 2001, an Agreement in the form of an Exchange of Letters concerning the provisional application of the trade and trade-related provisions of the Euro-Mediterranean Association Agreement, hereinafter referred to as ‘the provisional Agreement’, has been concluded on 19 December 2003. The provisional Agreement applies from 1 January 2004.
(2)
The provisional Agreement will replace the relevant provisions in the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt signed on 18 January 1977 (2) and in the Agreement between the Member States of the European Coal and Steel Community and the Arab Republic of Egypt signed in Brussels on 18 January 1977 (3).
(3)
In the provisional Agreement, for Community imports of certain agricultural products originating in Egypt tariff concessions are granted at a zero-rate of customs duty within the framework of tariff quotas.
(4)
For certain agricultural products for which the tariff concessions under the Cooperation Agreement have applied within reference quantities, the provisional Agreement provides for the exemption of customs duties within tariff quotas or for the exemption of customs duties for unlimited volumes.
(5)
To implement the tariff concessions provided for in the provisional Agreement, it is necessary to replace the Annex to Regulation (EC) No 747/2001 relating to tariff quotas and reference quantities for products originating in Egypt.
(6)
In accordance with the provisional Agreement, the volumes of the tariff quotas for certain products should, from the second year of application, be increased annually by 3 % of the volume of the previous year, and the volumes for the tariff quotas for other products should be fixed specifically for the first to the third and following years of application.
(7)
Regulation (EC) No 747/2001 should therefore be amended accordingly.
(8)
For the purpose of the calculation of the tariff quotas for the first year of application, it is appropriate to provide, in accordance with the provisional Agreement, that the volumes of the tariff quotas for which the quota period starts before the date of entry into force of the provisional Agreement, should be reduced by a proportion relative to that part of the period which has elapsed before that date.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Loading citations...Annex IV to Regulation (EC) No 747/2001 is replaced by the Annex to this Regulation.
Article 2
For the first year of application, the volumes of the Community tariff quotas with order numbers 09.1704, 09.1706, 09.1707, 09.1711, 09.1713, 09.1714, 09.1717, 09.1721 and 09.1725, for which the quota period starts before the date of entry into force of the provisional Agreement, shall be reduced by a proportion relative to that part of the period which has elapsed before that date.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2004.
For the Commission
Frederik BOLKESTEIN
Member of the Commission
(1) OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 37/2004 (OJ L 6, 10.1.2004, p. 3).
(2) OJ L 266, 27.9.1978, p. 2.
(3) OJ L 316, 12.12.1979, p. 2.
ANNEX
‘ANNEX IV
EGYPT
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of the current regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
Tariff quotas
Order No
CN code
Description of goods
Quota period
Quota volume
Quota duty
09.1700
0601
Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212
from 1.1 to 31.12
500 (1)
Exemption
09.1702
0602
Other live plants (including their roots), cuttings and slips; mushroom spawn
from 1.1 to 31.12
2 000 (1)
Exemption
09.1704
0603 10
Fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes
from 1.1 to 15.4.2004
1 615,385
Exemption
for each period thereafter from 1.10 to 15.4
3 000
of which:
of which:
09.1706
0603 10 80
Other fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes
from 1.1 to 15.4.2004
538,462
Exemption
for each period thereafter from 1.10 to 15.4
1 000
09.1708
0604 99 90
Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, dyed, bleached, impregnated or otherwise prepared
from 1.1 to 31.12
500 (1)
Exemption
09.1705
ex 0701 90 50
New potatoes, fresh or chilled
from 1.1 to 31.3.2004
130 000
Exemption
from 1.1 to 31.3.2005
190 000
from 1.1 to 31.3.2006 and from 1.1 to 31.3 of following years
250 000
09.1710
0703 10
Onions and shallots, fresh or chilled
from 1.2 to 15.6
15 000 (1)
Exemption
09.1712
0703 20 00
Garlic, fresh or chilled
from 1.2 to 15.6
3 000 (1)
Exemption
09.1713
0704
Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
from 1.1 to 15.4.2004
954,545
Exemption (2)
for each period thereafter from 1.11 to 15.4
1 500 (3)
09.1714
0705 11 00
Cabbage lettuce (head lettuce), fresh or chilled
from 1.1 to 31.3.2004
300
Exemption (2)
for each period thereafter from 1.11 to 31.3
500 (4)
09.1715
0706 10 00
Carrots and turnips, fresh or chilled
from 1.1 to 30.4
500 (1)
Exemption
09.1716
0707 00
Cucumbers and gherkins, fresh or chilled
from 1.1 to 28/29.2
500 (1)
Exemption (2)
09.1717
0708
Leguminous vegetables, shelled or unshelled, fresh or chilled
from 1.1 to 30.4.2004
10 000
Exemption (2)
from 1.11.2004 to 30.4.2005
17 500
from 1.11.2005 to 30.4.2006 and for each period thereafter from 1.11 to 30.4
20 000
09.1718
ex 0710
ex 0711
Frozen and provisionally preserved vegetables, excluding sweet corn of subheadings 0710 40 00 and 0711 90 30 and excluding mushrooms of the genus Agaricus of subheadings 0710 80 61 and 0711 51 00
from 1.1. to 31.12.2004
1 000
Exemption
from 1.1 to 31.12.2005
2 000
from 1.1 to 31.12.2006 and for following years
3 000
09.1719
0712
Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared
from 1.1 to 31.12
16 000 (1)
Exemption
09.1720
0714 20
Sweet potatoes, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets
from 1.1 to 31.12
3 000 (1)
Exemption
09.1707
0805 10
Oranges, fresh or dried
from 1.1 to 30.6.2004
25 000
Exemption (2)
from 1.7.2004 to 30.6.2005
55 000
from 1.7.2005 to 30.6.2006 and for each period thereafter from 1.7 to 30.6
60 000
of which:
of which:
09.1711
0805 10 10
0805 10 30
0805 10 50
Sweet oranges, fresh
from 1.1 to 31.5.2004
25 000 (5)
Exemption (6)
for each period thereafter from 1.12 to 31.5
34 000 (5)
09.1721
0807 19 00
Other melons, fresh
from 1.1 to 31.5.2004
666,667
Exemption
for each period thereafter from 15.10 to 31.5
1 000 (7)
09.1722
0808 20
Pears and quinces, fresh
from 1.1 to 31.12
500 (1)
Exemption (2)
09.1723
0809 30
Peaches, including nectarines, fresh
from 15.3 to 31.5
500 (1)
Exemption (2)
09.1724
0809 40
Plums and sloes, fresh
from 15.4 to 31.5
500 (1)
Exemption (2)
09.1725
0810 10 00
Strawberries, fresh
from 1.1 to 31.3.2004
250
Exemption
from 1.10.2004 to 31.3.2005
1 000
from 1.10.2005 to 31.3.2006 and for each period thereafter from 1.10 to 31.3
1 500
09.1726
0811
0812
Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter, or provisionally preserved, but unsuitable in that state for immediate consumption
from 1.1 to 31.12.2004
1 000
Exemption (2)
from 1.1. to 31.12.2005
2 000
from 1.1 to 31.12.2006 and for following years
3 000
09.1727
1515 50 11
Sesame oil, crude, for technical or industrial uses other than the manufacture of foodstuffs for human consumption (8)
from 1.1 to 31.12
1 000 (1)
Exemption
09.1728
1515 90
Other fixed vegetable fats and oils and their fractions, whether or not refined, but not chemically modified, other than linseed, maize (corn), castor, tung and sesame oils and their fractions
from 1.1 to 31.12
500 (1)
Exemption
09.1729
1703
Molasses resulting from the extraction or refining of sugar
from 1.1 to 31.12
350 000 (1)
Exemption
09.1730
2007
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter
from 1.1 to 31.12
1 000 (1)
Exemption (2)
09.1771
2008 11
Groundnuts, otherwise prepared or preserved,, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included
from 1.1 to 31.12
3 000 (1)
Exemption
09.1772
2009
Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
from 1.1 to 31.12
1 000 (1)
Exemption (2)
(1) From 1 January 2005, this quota volume shall be annually increased by 3 % of the volume of the previous year.
(2) The exemption applies only to the ad valorem duty.
(3) From 1 November 2004, this quota volume shall be increased annually by 3 % of the volume of the previous quota period. The first increase shall take place on the basis volume of 1 500 tonnes net weight.
(4) From 1 November 2004, this quota volume shall be increased annually by 3 % of the volume of the previous quota period. The first increase shall take place on the basis volume of 500 tonnes net weight.
(5) Within this tariff quota, the specific duty provided in the Community's list of concessions to the WTO is reduced to zero, if the entry price is not less than 264/tonne, being the entry price agreed between the European Community and Egypt. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.
(6) Also exemption of the ad valorem duty, in the framework of this tariff quota.
(7) From 15 October 2004, this quota volume shall be increased annually by 3 % of the volume of the previous quota period. The first increase shall take place on the basis volume of 1 000 tonnes net weight.
(8) Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments).’