Commission Implementing Regulation (EU) 2016/2253

Contents

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 Code^note, and in particular Article 58(1) thereof,Whereas:

(1)By Decision (EU) 2016/1623 of 1 June 2016^note, 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 part^note (‘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) 2015/2447^note.

(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 Africa^note 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 2793/1999^note 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 1 #

Union tariff quotas are opened for goods originating in South Africa as set out in the Annex.

Article 2 #

The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 3 #

In 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 4 #

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 November 2016.

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 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.

Order No	CN code	TARIC subdivision	Description of products	Quota period	Quota volume (in tonnes net weight unless otherwise specified)	Tariff quota duty (% reduction)
09.1801	040210		Milk 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 31.12.2016	83,3	0
For each year thereafter from 1.1 to 31.12	500
09.1802	040510		Butter	From 1.11.2016 to 31.12.2016	83,3	0
For each year thereafter from 1.1 to 31.12	500
09.1804	08111090		Strawberries, frozen	From 1.11.2016 to 31.12.2016	377,5^note	0
For each year thereafter from 1.1 to 31.12	385^note
09.1806	170113101701141017019910		Cane sugar for refining and white sugar, not containing added flavouring or colouring matter	From 1.11.2016 to 31.12.2016	8333	0
For each year thereafter from 1.1 to 31.12	50000
09.1808	1701131017011410		Cane sugar for refining, not containing added flavouring or colouring matter	From 1.11.2016 to 31.12.2016	16667	0
For each year thereafter from 1.1 to 31.12	100000
09.1818	17023050		Glucose 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 fructose	From 1.11.2016 to 31.12.2016	83,3	0
For each year thereafter from 1.1 to 31.12	500
09.1820	20079130		Jams, jellies, marmalades, purée or pastes of citrus fruit, with a sugar content exceeding 13 % but not exceeding 30 % by weight	From 1.11.2016 to 31.12.2016	16,7	50 % MFN
For each year thereafter from 1.1 to 31.12	100
09.1822	ex20079939	161718192224262729303234394046475456	Fruit 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 spirit	From 1.11.2016 to 31.12.2016	57156^note	From 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 31.12	57156
ex20079950	414243454749515253626467
20079997	323335373839404142444648525762
200840512008405920084071200840792008409020085061200850692008507120085079200850922008509820087061200870692008707120087079200870922008709820089759200897742008977820089798
09.1824	ex20079939	4344	Fruit 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 spirit	From 1.11.2016 to 31.12.2016	2960^note	50 % MFN
20089772		For each year thereafter from 1.1 to 31.12	3020^note
09.1826	20091199		Frozen orange juice	From 1.11.2016 to 31.12.2016	1036^note	0
For each year thereafter from 1.1 to 31.12	1057^note
09.1829	200971200979		Apple juice	From 1.11.2016 to 31.12.2016	3478^note	50 % MFN
For each year thereafter from 1.1 to 31.12	3595^note
09.1830	21021090		Active yeasts, other than culture yeast and baker's yeast	From 1.11.2016 to 31.12.2016	58,3	0
For each year thereafter from 1.1 to 31.12	350
09.1891	ex22042193	192931	Wines of an actual alcoholic strength by volume not exceeding 18 % vol.	From 1.11.2016 to 31.12.2016	60105000 litres^note	0
ex22042194	192931617181
ex22042195	112131
ex22042196	112131617181
ex22042197	112131
ex22042198	112131617181
ex22042993	102030
ex22042994	21317181
ex22042995	102030
ex22042996	21317181
ex22042997	102030
ex22042998	21317181
09.1892	ex22042193	192931	Wines, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 18 % vol.^note	From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12	77741300^note	0
ex22042194	192931617181
ex22042195	112131
ex22042196	112131617181
ex22042197	112131
ex22042198	112131617181
09.1893	ex22042193	192931	Wines 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 31.12	33317700 litres^note	0
ex22042194	192931617181
ex22042195	112131
ex22042196	112131617181
ex22042197	112131
ex22042198	112131617181
ex22042993	102030
ex22042994	21317181
ex22042995	102030
ex22042996	21317181
ex22042997	102030
ex22042998	21317181
09.1894	2207		Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength	From 1.11.2016 to 31.12.2016	13333	0
For each year thereafter from 1.1 to 31.12	80000

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