Commission Implementing Regulation (EU) 2016/2253 of 14 December 2016 opening and providing for the management of Union tariff quotas for certain agricultural and processed agricultural products originating in South Africa
Commission Implementing Regulation (EU) 2016/2253of 14 December 2016opening and providing for the management of Union tariff quotas for certain agricultural and processed agricultural products originating in South Africa THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs CodeOJ L 269, 10.10.2013, p. 1., and in particular Article 58(1) thereof,Whereas:(1)By Decision (EU) 2016/1623 of 1 June 2016Council Decision (EU) 2016/1623 of 1 June 2016 on the signing, on behalf of the European Union and provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 1)., the Council authorised the signing and the provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other partOJ L 250, 16.9.2016, p. 3. ("the Agreement").(2)The Agreement stipulates that customs duties on imports into the Union of goods originating in the SADC EPA States are to be reduced or eliminated in accordance with the tariff elimination schedule in Annex I to the Agreement. Annex I provides that for certain goods originating in South Africa the reduction or elimination of customs duties is granted within tariff quotas.(3)Part 1, Section B, of Annex I to the Agreement stipulates that the Union is to manage those tariff quotas on a first-come, first-served basis. The Commission shall manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558)..(4)Protocol 4 to the Agreement stipulates that, in the case of provisional application of this Agreement by the EU and ratification by South Africa, the application of the Articles of the Trade, Development and Cooperation Agreement with South AfricaOJ L 311, 4.12.1999, p. 3. which are laid down in Title II on trade and Title III on trade-related issues and its corresponding annexes and Protocols, with the exception of its Article 31 on maritime transport, shall be suspended. Therefore, Council Regulation (EC) No 2793/1999Council Regulation (EC) No 2793/1999 of 17 December 1999 on certain procedures for applying the Trade, Development and Cooperation Agreement between the European Community and the Republic of South Africa (OJ L 337, 30.12.1999, p. 29). should be suspended as of the date of provisional application of the Agreement.(5)Article 16 of Protocol 3 of the Agreement stipulates that the agricultural market access concessions shall only be granted to the Party that lodges the notification pursuant to Article 3(3) of this Protocol from the first day of the month following receipt by the other Party of such notification. As the related notification has been received in October 2016, the related concessions should be granted as from 1 November 2016.In order to ensure the effective application and management of the tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 1 November 2016.(6)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,HAS ADOPTED THIS REGULATION:
Article 1Union tariff quotas are opened for goods originating in South Africa as set out in the Annex.
Article 2The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
Article 3In accordance with Protocol 4 of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, the application of Council Regulation (EC) No 2793/1999 shall be suspended.
Article 4This 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 November 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 14 December 2016.For the CommissionThe PresidentJean-Claude JunckerANNEXNotwithstanding 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 is determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this 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.
The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1811.From 1.1.2018, the volume shall be increased by 7,5 metric tonnes annually.The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quotas 09.1813 and 09.1815.The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1817.From 1.1.2018, the volume shall be increased by 60 metric tonnes annually.The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1819.From 1.1.2018, the volume shall be increased by 21 metric tonnes annually.The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quotas 09.1821.From 1.1.2018 until 31.12.2026, the volume shall be increased by 117 metric tonnes annually. From 1.1.2027, the volume shall be increased by 70,5 metric tonnes annually.The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1825.From 1.9 to 31.12 each year, this tariff quota is also available for wines, in any volume of container, of an actual alcoholic strength by volume not exceeding 18 % vol.From 1.1.2018, the volume shall be increased by 741300 litres annually.From 1.1.2018, the volume shall be increased by 317700 litres annually.
Order NoCN codeTARIC subdivisionDescription of productsQuota periodQuota volume (in tonnes net weight unless otherwise specified)Tariff quota duty (% reduction)
09.1801040210Milk and cream, concentrated or containing added sugar or other sweetening matter, in powder, granules or in other solid forms, of a fat content, by weight, not exceeding 1,5 %From 1.11.2016 to 31.12.201683,30
For each year thereafter from 1.1 to 31.12500
09.1802040510ButterFrom 1.11.2016 to 31.12.201683,30
For each year thereafter from 1.1 to 31.12500
09.180408111090Strawberries, frozenFrom 1.11.2016 to 31.12.2016377,50
For each year thereafter from 1.1 to 31.12385
09.1806170113101701141017019910Cane sugar for refining and white sugar, not containing added flavouring or colouring matterFrom 1.11.2016 to 31.12.201683330
For each year thereafter from 1.1 to 31.1250000
09.18081701131017011410Cane sugar for refining, not containing added flavouring or colouring matterFrom 1.11.2016 to 31.12.2016166670
For each year thereafter from 1.1 to 31.12100000
09.181817023050Glucose and glucose syrup, in the form of white crystalline powder, whether or not agglomerated, not containing fructose or containing in the dry state less than 20 % by weight of fructoseFrom 1.11.2016 to 31.12.201683,30
For each year thereafter from 1.1 to 31.12500
09.182020079130Jams, jellies, marmalades, purée or pastes of citrus fruit, with a sugar content exceeding 13 % but not exceeding 30 % by weightFrom 1.11.2016 to 31.12.201616,750 % MFN
For each year thereafter from 1.1 to 31.12100
09.1822ex20079939161718192224262729303234394046475456Fruit purées of pears, apricots, peaches (incl. nectarines) or mixtures (excluding tropical fruit) obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment; pears, apricots, peaches (incl. nectarines) or mixtures (excluding tropical fruit), prepared or preserved, not containing added spiritFrom 1.11.2016 to 31.12.201657156From 1.11.2016 to 31.12.2016: 45 % MFNFrom 1.1.2017 to 31.12.2017: 41 % MFNFrom 1.1.2018 to 31.12.2018: 36 % MFNFrom 1.1.2019 to 31.12.2019: 32 % MFNFrom 1.1.2020 to 31.12.2020: 27 % MFNFrom 1.1.2021 to 31.12.2021: 23 % MFNFrom 1.1.2022 to 31.12.2022: 18 % MFNFrom 1.1.2023 to 31.12.2023: 14 % MFNFrom 1.1.2024 to 31.12.2024: 9 % MFNFrom 1.1.2025 to 31.12.2025: 5 % MFNFrom 1.1.2026 to 31.12.2026:0
For each year thereafter from 1.1 to 31.1257156
ex20079950414243454749515253626467
20079997323335373839404142444648525762
200840512008405920084071200840792008409020085061200850692008507120085079200850922008509820087061200870692008707120087079200870922008709820089759200897742008977820089798
09.1824ex200799394344Fruit purées of tropical fruit obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment; tropical fruit, prepared or preserved, not containing added spiritFrom 1.11.2016 to 31.12.2016296050 % MFN
20089772For each year thereafter from 1.1 to 31.123020
09.182620091199Frozen orange juiceFrom 1.11.2016 to 31.12.201610360
For each year thereafter from 1.1 to 31.121057
09.1829200971200979Apple juiceFrom 1.11.2016 to 31.12.2016347850 % MFN
For each year thereafter from 1.1 to 31.123595
09.183021021090Active yeasts, other than culture yeast and baker's yeastFrom 1.11.2016 to 31.12.201658,30
For each year thereafter from 1.1 to 31.12350
09.1891ex22042193192931Wines of an actual alcoholic strength by volume not exceeding 18 % vol.From 1.11.2016 to 31.12.201660105000 litres0
ex22042194192931617181
ex22042195112131
ex22042196112131617181
ex22042197112131
ex22042198112131617181
ex22042993102030
ex2204299421317181
ex22042995102030
ex2204299621317181
ex22042997102030
ex2204299821317181
09.1892ex22042193192931Wines, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 18 % vol.From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12777413000
ex22042194192931617181
ex22042195112131
ex22042196112131617181
ex22042197112131
ex22042198112131617181
09.1893ex22042193192931Wines of an actual alcoholic strength by volume not exceeding 18 % vol.From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.1233317700 litres0
ex22042194192931617181
ex22042195112131
ex22042196112131617181
ex22042197112131
ex22042198112131617181
ex22042993102030
ex2204299421317181
ex22042995102030
ex2204299621317181
ex22042997102030
ex2204299821317181
09.18942207Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strengthFrom 1.11.2016 to 31.12.2016133330
For each year thereafter from 1.1 to 31.1280000