Council Regulation (EEC) No 1134/91 of 29 April 1991 on the tariff arrangements applicable to imports into the Community of products originating in the occupied territories and repealing Regulation (EEC) No 3363/86
COUNCIL REGULATION (EEC) No 1134/91
of 29 April 1991
on the tariff arrangements applicable to imports into the Community of products originating in the occupied territories and repealing Regulation (EEC) No 3363/86
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas products originating in the West Bank of the River Jordan or the Gaza Strip (called the ‘occupied territories’), both occupied by Israel, enjoy preferential treatment with regard to access to the Community market under Council Regulation (EEC) No 3363/86 of 27 October 1986 on the tariff arrangements applicable to imports into the Community of products originating in the occupied territories ( 1 );
Whereas the preferential arrangements provide for free access to the Community market for industrial goods and preferential tariff treatment for certain agricultural products;
Whereas it is appropriate to introduce measures to bring about a rapid improvement in the conditions of access to the Community market for agricultural products originating in the occupied territories; whereas, to achieve this objective, Regulation (EEC) No 3363/86 should be replaced by a new Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. Products other than those listed in Annex II to the Treaty and originating in the occupied territories shall be imported into the Community without quantitative restrictions or measures having equivalent effect and free of customs duties and charges having equivalent effect.
2. In the case of goods listed in the Annex to Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products ( 2 ) which list is set out in Annex I hereto, paragraph 1 shall apply only to the fixed component of the charge imposed on such goods imported into the Community.
Article 2
The customs duties on imports into the Community of the agricultural products set out in Annex II hereto and originating in the occupied territories shall be eliminated in two equal instalments, on 1 January 1992 and 1 January 1993, and within the periods indicated for each product.
Article 3
1. Article 2 shall apply within the limits of a Community tariff quota of 1 200 tonnes to strawberries falling within CN Code 0810 10 90.
Import customs duties shall be eliminated on cut flowers falling within CN code 06 03 10 within the limits of an annual Community tariff quota of 1 500 tonnes.
2. A reference quantity is set out in Annex II hereto for certain products.
Where imports of any of these products exceed the reference quantity, the product concerned may be made subject to a Community tariff quota which shall apply to a volume equivalent to the reference quantity, if the amounts imported appear likely to cause difficulties in the Community market.
3. In the case of products listed in Annex II other than those in paragraphs 1 and 2, reference quantities may be set if the amounts imported appear likely to create difficulties in the Community market.
These products may subsequently be made subject to tariff quotas under the same conditions as those set out in paragraph 2.
4. The rates of tariff reduction set out in Annex II shall apply to amounts imported in excess of the quotas.
5. From the time when, pursuant to the application of Article 2, customs duties have reached a level of 2 % or less, their collection shall be totally suspended.
Article 4
The applicable rules of origin shall be as laid down in 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 ( 3 ).
Article 5
Regulation (EEC) No 3363/86 is hereby repealed.
Article 6
This Regulation shall enter into force on 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CN code |
Description |
ex04 03 |
Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
0403 10 51 to 0403 10 99 |
— Yoghurt, flavoured or containing added fruit or cocoa |
0403 90 71 to 0403 90 99 |
— Other, flavoured or containing added fruit or cocoa |
0710 40 00 |
Sweet corn (uncooked or cooked by steaming or boiling in water), frozen |
0711 90 30 |
Sweet corn 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 |
ex15 17 |
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No 1516: |
1517 10 10 |
— Margarine, excluding liquid margarine containing more than 10 % but not more than 15 % by weight of milk fats |
1517 90 10 |
— Other, containing more than 10 % but not more than 15 % by weight of milk fats |
1702 50 00 |
Chemically pure fructose |
ex17 04 |
Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within subheading No 1704 90 10 |
1806 |
Chocolate and other food preparations containing cocoa |
1901 |
Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included |
ex19 02 |
Pasta, whether or not cooked or otherwise prepared excluding stuffed pasta falling within subheadings 1902 20 10 and 1902 20 30 |
1903 |
Tapioca and substitutes therefor, prepared from starch in the form of flakes, grains, pearls, siftings or similar forms |
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example corn flakes); cereals, other than maize (corn), in grain form, pre-cooked or otherwise prepared |
1905 |
Bread, pastry, cakes, biscuits and other bakers'wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
2001 90 30 |
Sweet corn (Zea mays var. saccharata) prepared or preserved by vinegar or acetic acid |
2001 90 40 |
Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid |
2004 90 10 |
Sweet corn (Zea mays var. saccharata) prepared or preserved otherwise than by vinegar or acetic acid; frozen |
2005 80 00 |
Sweet corn (Zea mays var. saccharat) prepared or preserved otherwise than by vinegar or acetic acid; not frozen |
2008 99 85 |
Maize other than sweet corn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar |
2008 99 91 |
Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar |
2101 30 19 |
Roasted coffee substitutes excluding roasted chicory |
2101 30 99 |
Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory |
2102 10 31 to 2102 10 39 |
Bakers' yeast |
2105 |
Ice cream and other edible ice, whether or not containing cocoa |
ex21 06 |
Food preparations not elsewhere specified or included other than those falling within subheadings 2106 10 10 and 2106 90 91 and other than flavoured or coloured sugar syrups |
22029091 22029095 22029099 |
Non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009, containing products of Nos 0401 to 0404 or obtained from products of heading Nos 0401 to 0404 |
2905 43 |
Mannitol |
2905 44 |
D-Glucitol (sorbitol) |
ex35 01 |
Caseins caseinates and other casein derivatives |
ex35 05 10 |
Dextrins and other modified starches, excluding esterified or etherified starches of subheading 3505 10 50 |
3505 20 |
Glues based on starches or on dextrins or other modified starches |
3809 10 |
Prepared glazings and prepared dressings with a basis of amylaceous substances |
3823 60 |
Sorbitol other than of subheading 2905 44 |
ANNEX II
CN code |
Description |
Rate of reduction in customs duties (%) (1) |
ex070200 10 |
Tomatoes, fresh or chilled, |
|
from 1 December to 31 March (2) |
60 % |
|
ex07 03 10 |
Onions, fresh or chilled, |
|
from 15 February to 15 May |
60 % |
|
ex070930 00 |
Aubergines (eggs-plants), fresh or chilled, |
|
from 15 January to 30 April (3) |
60 % |
|
ex07 09 60 |
Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled: |
|
0709 60 10 |
Sweet peppers or pimentos (4) |
40 % |
0709 60 99 |
Other |
80 % |
ex070990 70 |
Courgettes, fresh or chilled, |
|
from 1 December to end of February (5) |
60 % |
|
ex070990 90 |
Other vegetables, fresh or chilled: |
|
Wild onions of the species Muscari comosum, |
|
|
from 15 February to 15 May |
60 % |
|
ex07 10 80 |
Other vegetables, uncooked or cooked by steaming or boiling in water, frozen: |
|
0710 80 59 |
Fruit of the genus Capsicum or of the genus Pimenta, other than sweet peppers or pimentos |
80 % |
0710 90 10 |
Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers or pimentos, provisionally preserved, but unsuitable in that state for immediate consumption |
80 % |
ex08 05 10 |
Oranges, fresh (6) |
60 % |
ex08 05 20 |
Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh (7) |
60 % |
ex08 05 30 |
Lemons, (citrus limon, citrus limonum), fresh (8) |
40 % |
0805 40 00 |
Grapefruit and pomelos |
80 % |
ex080710 90 |
Melons fresh: |
|
from 1 November to 31 May (9) |
50 % |
|
ex081010 90 |
Strawberries, fresh |
|
from 1 November to 31 March (10) |
0 % |
|
ex081290 20 |
Oranges, comminuted, provisionally preserved, but unsuitable in that state for immediate consumption |
80 % |
0904 20 39 |
Peppers other than sweet peppers or pimentos, dried, neither crushed nor ground |
80 % |
2001 90 20 |
Fruit of the genus Capsicum other than Sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid |
80 % |
2005 90 10 |
Fruit of the genus Capsicum other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen |
80 % |
(1) For amounts imported in excess of any tariff quota. (2) Reference quantity: 1 000tonnes. (3) Reference quantity: 3 000 tonnes. (4) Reference quantity: 1 000 tonnes. (5) Reference quantity: 300 tonnes. (6) Reference quantity: 25 000tonnes. (7) Reference quantity: 500 tonnes. (8) Reference quantity: 800 tonnes. (9) Reference quantity: 10 000 tonnes. (10) Reference quantity: 1 200 tonnes. |
( 1 ) OJ No L 306, 1. 11. 1986, p. 103.
( 2 ) OJ No L 323, 29. 11. 1980, p. 1.
( 3 ) OJ No L 253, 11. 10. 1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1762/95 (OJ No L 171, 21. 7. 1995, p. 8).