Lexploria

19.12.2015

EN

Official Journal of the European Union

L 333/89

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2405

of 18 December 2015

opening and providing for the management of EU tariff quotas for agricultural products originating in Ukraine

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular point (a) of Article 187 thereof,

Whereas:

(1)

Council Decision 2014/668/EU (2) authorised the signature, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy and their Member States, of the one part, and Ukraine, of the other part (3) (‘the Agreement’) as regards certain provisions of that Agreement. Article 29(1) of the Agreement stipulates that customs duties on imports of goods originating in Ukraine must be reduced or eliminated in accordance with Annex I-A to Chapter I of Title IV of that Agreement. The Appendix to that Annex lists the import tariff quotas for certain goods originating in Ukraine, including agricultural products falling within the scope of Regulation (EU) No 1308/2013.

(2)

Pending the provisional application of the Agreement, in accordance with Regulation (EU) No 374/2014 of the European Parliament and of the Council (4), import tariff quotas for certain goods originating in Ukraine were opened for 2014 and 2015 and managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 (5).

(3)

The Agreement will be provisionally applied as of 1 January 2016. It is therefore necessary to open annual import tariff quotas for the agricultural products listed in Annex I-A to Chapter 1 of Title IV of the Agreement as of 1 January 2016.

(4)

As provided for in the Agreement, in order to benefit from the tariff concessions provided for in this Regulation, the products listed in the Annex should be accompanied by proof of origin.

(5)

The combined nomenclature (CN) set out in Annex I to Council Regulation (EEC) No 2658/87 (6), as amended by Commission Implementing Regulation (EU) No 1101/2014 (7), contains new CN codes which differ from those referred to in the Agreement. The Annex to this Regulation should therefore reflect the new CN codes.

(6)

The Agreement is to be applied provisionally in part as of 1 January 2016. In order to ensure the effective application and management of the tariff quotas granted under the Agreement, this Regulation should apply from 1 January 2016.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

EU tariff quotas shall be opened for the products listed in the Annex originating in Ukraine.

Article 2

Customs duties applicable to imports into the Union of products listed in the Annex and originating in Ukraine shall be suspended within the respective tariff quotas set out in the Annex.

Article 3

The products listed in the Annex shall be accompanied by proof of origin as set out in Annex III to Protocol I to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part.

Article 4

The tariff quotas set out in the Annex shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93.

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 December 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 347, 20.12.2013, p. 671.

(2) Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

(3) Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(4) Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).

(5) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(7) Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).

ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

Order No

CN code

Description of goods

Quota period

Annual quota volume

(in tonnes net weight unless otherwise specified)

09.6700

0204 22 50

0204 22 90

Sheep legs, other cuts with bone (excluding carcasses and half carcasses, short forequarters and chines and/or best ends), fresh or chilled

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12.

1 500 (1)

0204 23

Boneless meat of sheep, fresh or chilled

0204 42 30

0204 42 50

0204 42 90

Frozen cuts of sheep, with bone in (excluding carcasses and half-carcasses, and short forequarters)

0204 43 10

0204 43 90

Frozen meat of lamb, boneless

frozen meat of sheep, boneless

09.6701

0409

Natural honey

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12.

5 000 (2)

09.6702

0703 20

Garlic, fresh or chilled

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

500

09.6703

1004

Oats

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

4 000

09.6704

1701 12

Raw beet sugar not containing added flavouring or colouring matter

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

20 070

1701 91

1701 99

Other sugar than raw sugar

1702 20 10

Maple sugar in solid form, containing added flavouring or colouring matter

1702 90 30

Isoglucose in solid form, containing in the dry state 50 % by weight of fructose

1702 90 50

Maltodextrine in solid form and maltodextrine syrup, containing in the dry state 50 % by weight of fructose

1702 90 71

1702 90 75

1702 90 79

Caramel

1702 90 80

Inulin syrup

1702 90 95

Other sugars, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose

09.6705

1702 30

1702 40

Glucose and glucose syrup, not containing fructose or containing in the dry state less than 50 % by weight of fructose, excluding invert sugar

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

10 000 (3)

1702 60

Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose, excluding invert sugar

09.6706

2106 90 30

Flavoured or coloured isoglucose syrups

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000

2106 90 55

Flavoured or coloured glucose syrup and maltodextrine syrup

2106 90 59

Flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups)

09.6707

ex 1103 19 20

Barley groats and meals

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

6 300 (4)

1103 19 90

Groats and meals of cereals (excl. wheat, rye, oats, maize, rice and barley)

1103 20 90

Cereal pellets (excl. wheat, rye, oats, maize, rice and barley)

1104 19 10

1104 19 50

1104 19 61

1104 19 69

Rolled or flaked wheat grains

Rolled or flaked maize grains

Rolled barley grains

Flaked barley grains

ex 1104 29

Worked grains (for example, hulled, pearled, sliced or kibbled), other than of oats, of rye or of maize

1104 30

Germ of cereals, whole, rolled, flaked or ground

09.6708

1107

Malt, whether or not roasted

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

7 000

1109

Wheat gluten, whether or not dried

09.6709

1108 11

Wheat starch

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

10 000

1108 12

Maize starch

1108 13

Potato starch

09.6710

3505 10 10

3505 10 90

Dextrins and other modified starches (excl. starches, esterified or etherified)

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

1 000 (5)

3505 20 30

3505 20 50

3505 20 90

Glues containing, by weight, 25 % or more of starches or dextrins or other modified starches

09.6711

2302 10

2302 30

2302 40 10

2302 40 90

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals (excl. those of rice)

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

17 000 (6)

2303 10 11

Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product exceeding 40 % by weight

09.6712

0711 51

Mushrooms of the genus Agaricus provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

500

2003 10

Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid

09.6713

0711 51

Mushrooms of the genus Agaricus provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

500

09.6714

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

10 000

09.6715

2009 61 90

Grape juice (including grape must), of a Brix value not exceeding 30, of a value not exceeding 18 EUR per 100 kg net weight

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

10 000 (7)

2009 69 11

Grape juice (including grape must), of a Brix value exceeding 67, of a value not exceeding 22 EUR per 100 kg net weight

2009 69 71

2009 69 79

2009 69 90

Grape juice (including grape must), of a Brix value exceeding 30 but not exceeding 67, of a value not exceeding 18 EUR per 100 kg net weight

2009 71

2009 79

Apple juice

09.6716

0403 10 51

0403 10 53

0403 10 59

0403 10 91

0403 10 93

0403 10 99

0403 90 71

0403 90 73

0403 90 79

0403 90 91

0403 90 93

0403 90 99

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, concentrated or not, flavoured or containing added fruit, nuts or cocoa

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000

09.6717

0405 20 10

0405 20 30

Dairy spreads of a fat content, by weight, of 39 % or more but not exceeding 75 %

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

250

09.6718

0710 40

0711 90 30

2001 90 30

2004 90 10

2005 80

Sweetcorn

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

1 500

09.6719

1702 50

Chemically pure fructose

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000 (8)

1702 90 10

Chemically pure maltose

ex 1704 90 99

Other sugar confectionery, not containing cocoa, containing 70 % or more by weight of sucrose

1806 10 30

1806 10 90

Cocoa powder, containing 65 % or more by weight of sucrose or isoglucose expressed as sucrose

ex 1806 20 95

Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk in containers or immediate packings, of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter and 70 % or more by weight of sucrose

ex 1901 90 99

Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % of cocoa calculated on a totally defatted basis, containing 70 % or more by weight of sucrose

2101 12 98

2101 20 98

Preparations with a basis of coffee, tea or mate

3302 10 29

Mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used in the drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by vol. not exceeding 0,5 %

09.6720

1903

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000

1904 30

Bulgur wheat

09.6721

1806 20 70

Chocolate milk crumb

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

300 (9)

2106 10 80

Other protein concentrates and textured protein substances

2202 90 99

Non-alcoholic beverages other than waters, containing 2 % or more by weight of fat obtained from the products of headings 0401 to 0404

09.6722

2106 90 98

Other food preparations not elsewhere specified or included

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000

09.6723

2207 10

2208 90 91

2208 90 99

Undenatured ethyl alcohol

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

27 000 (10)

2207 20

Ethyl alcohol and other spirits, denatured, of any strength

09.6724

2402 10

Cigars, cheroots and cigarillos, containing tobacco

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 500

2402 20 90

Cigarettes containing tobacco, not containing cloves

09.6725

2905 43

Mannitol

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

100

2905 44

D-glucitol (sorbitol)

3824 60

Sorbitol other than that of subheading 2905 44

09.6726

3809 10 10

3809 10 30

3809 10 50

3809 10 90

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances

From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12

2 000

(1) With an increase of 150 tonnes each year from 1 January 2017 to 1 January 2021.

(2) With an increase of 200 tonnes each year from 1 January 2017 to 1 January 2021.

(3) With an increase of 2 000 tonnes each year from 1 January 2017 to 1 January 2021.

(4) With an increase of 300 tonnes each year from 1.1.2017 to 1.1.2021.

(5) With an increase of 200 tonnes each year from 1.1.2017 to 1.1.2021.

(6) With an increase of 1 000 tonnes each year from 1.1.2017 to 1.1.2021.

(7) With an increase of 2 000 tonnes each year from 1.1.2017 to 1.1.2021.

(8) With an increase of 200 tonnes each year from 1.1.2017 to 1.1.2021.

(9) With an increase of 40 tonnes each year from 1.1.2017 to 1.1.2021.

(10) With an increase of 14 600 tonnes each year from 1.1.2017 to 1.1.2021.

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Commission Implementing Regulation (EU) 2015/2405 of 18 December 2015 opening and providing for the management of EU tariff quotas for agricultural products originating in Ukraine

Commission Implementing Regulation (EU) 2015/2405 of 18 December 2015 opening and providing for the management of EU tariff quotas for agricultural products originating in Ukraine

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