# L_2004396EN.01003801.xml

| 31.12.2004 | EN | Official Journal of the European Union | L 396/38 |
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31.12.2004

EN

Official Journal of the European Union

L 396/38

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COMMISSION REGULATION (EC) No 2279/2004

of 30 December 2004

amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in the West Bank and the Gaza Strip

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) | By its Decision of 22 December 2004 (2), the Council has concluded an Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of the Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement. That new Agreement applies from 1 January 2005. |
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(1)

By its Decision of 22 December 2004 (2), the Council has concluded an Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of the Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement. That new Agreement applies from 1 January 2005.

| (2) | The new Protocol No 1 concerning the arrangements applicable to imports into the Community of agricultural products originating in the West Bank and the Gaza Strip hereinafter ‘the new Protocol No 1’, provides for new tariff concessions and changes to the existing concessions laid down in Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities. |
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(2)

The new Protocol No 1 concerning the arrangements applicable to imports into the Community of agricultural products originating in the West Bank and the Gaza Strip hereinafter ‘the new Protocol No 1’, provides for new tariff concessions and changes to the existing concessions laid down in Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities.

| (3) | To implement the tariff concessions provided for in the new Protocol No 1, it is necessary to amend Regulation (EC) No 747/2001. |
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(3)

To implement the tariff concessions provided for in the new Protocol No 1, it is necessary to amend Regulation (EC) No 747/2001.

| (4) | For the purpose of calculating tariff quotas and reference quantities for the first year of application, it should be provided that, where the period for the quota or reference quantity starts before the date from which the new Agreement applies, the tariff quota volume and reference quantity are to be reduced in proportion to that part of the period which has already elapsed before that date. |
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(4)

For the purpose of calculating tariff quotas and reference quantities for the first year of application, it should be provided that, where the period for the quota or reference quantity starts before the date from which the new Agreement applies, the tariff quota volume and reference quantity are to be reduced in proportion to that part of the period which has already elapsed before that date.

| (5) | In order to facilitate the management of certain existing tariff quotas and reference quantities provided for in Regulation (EC) No 747/2001, the quantities imported within the framework of those quotas and reference quantities should be taken into account for charging on the measures opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation. |
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(5)

In order to facilitate the management of certain existing tariff quotas and reference quantities provided for in Regulation (EC) No 747/2001, the quantities imported within the framework of those quotas and reference quantities should be taken into account for charging on the measures opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation.

| (6) | In accordance with the new Protocol No 1, the tariff quota volumes for certain products should be increased twice. |
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(6)

In accordance with the new Protocol No 1, the tariff quota volumes for certain products should be increased twice.

| (7) | Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible. |
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(7)

Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
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(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex VIII to Regulation (EC) No 747/2001 shall be replaced by the text set out in the Annex to this Regulation.

Article 2

For the quota and reference quantity periods still open on 1 January 2005, the quantities which pursuant to Regulation (EC) No 747/2001 have been put into free circulation in the Community within the tariff quota and reference quantities with order numbers 09.1381, 18.0310, 18.0340 and 18.0380 shall be taken into account for charging on the tariff quota and reference quantities laid down in Annex VIII to Regulation (EC) No 747/2001, as amended by this Regulation.

Article 3

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

It shall apply from 1 January 2005.

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

Done at Brussels, 30 December 2004.

For the Commission

László KOVÁCS

Member of the Commission

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(1)  
  OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 2256/2004 (OJ L 385, 29.12.2004, p. 24).

1

(2)  Not yet published in the Official Journal.

2

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ANNEX

‘ANNEX VIII

WEST BANK AND THE GAZA STRIP

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.

PART A: Tariff quotas

| Order No | CN code | Description of goods | Quota period | Quota volume
  (in tonnes net weight) | Quota duty |
| --- | --- | --- | --- | --- | --- |
| 09.1383 | 0409 00 00 | Natural honey | From 1.1 to 31.12.2005 | 500 | Exemption |
| From 1.1 to 31.12.2006 | 750 |
| From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12 | 1 000 |
| 09.1382 | 0603 10 | Fresh cut flowers and flower buds of a kind suitable for ornamental purposes | From 1.1 to 31.12.2005 | 2 000 | Exemption |
| From 1.1 to 31.12.2006 | 2 250 |
| From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12 | 2 500 |
| 09.1384 | 0712 31 00
  0712 32 00
  0712 33 00
  0712 39 00 | Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried | From 1.1 to 31.12 | 500 | Exemption |
| 09.1385 | 0806 10 10 | Fresh table grapes | From 1.2 to 14.7.2005 | 1 000 | Exemption |
| From 1.2 to 14.7.2006 | 1 500 |
| From 1.2 to 14.7.2007 and for each period thereafter from 1.2 to 14.7 | 2 000 |
| 09.1381 | 0810 10 00 | Fresh strawberries | From 1.11.2004 to 31.3.2005 | 1 680 | Exemption |
| From 1.11.2005 to 31.3.2006 | 2 500 |
| From 1.11.2006 to 31.3.2007 and for each period thereafter from 1.11 to 31.3 | 3 000 |
| 09.1386 | 1509 10 | Virgin olive oil | From 1.1 to 31.12.2005 | 2 000 | Exemption |
| From 1.1 to 31.12.2006 | 2 500 |
| From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12 | 3 000 |

Order No

CN code

Description of goods

Quota period

Quota volume

(in tonnes net weight)

Quota duty

09.1383

0409 00 00

Natural honey

From 1.1 to 31.12.2005

500

Exemption

From 1.1 to 31.12.2006

750

From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

1 000

09.1382

0603 10

Fresh cut flowers and flower buds of a kind suitable for ornamental purposes

From 1.1 to 31.12.2005

2 000

Exemption

From 1.1 to 31.12.2006

2 250

From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

2 500

09.1384

0712 31 00

0712 32 00

0712 33 00

0712 39 00

Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried

From 1.1 to 31.12

500

Exemption

09.1385

0806 10 10

Fresh table grapes

From 1.2 to 14.7.2005

1 000

Exemption

From 1.2 to 14.7.2006

1 500

From 1.2 to 14.7.2007 and for each period thereafter from 1.2 to 14.7

2 000

09.1381

0810 10 00

Fresh strawberries

From 1.11.2004 to 31.3.2005

1 680

Exemption

From 1.11.2005 to 31.3.2006

2 500

From 1.11.2006 to 31.3.2007 and for each period thereafter from 1.11 to 31.3

3 000

09.1386

1509 10

Virgin olive oil

From 1.1 to 31.12.2005

2 000

Exemption

From 1.1 to 31.12.2006

2 500

From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

3 000

PART B: Reference quantities

| Order No | CN code | Taric subdivision | Description of goods | Reference quantity period | Reference quantity volume
  (in tonnes net weight) | Reference quantity duty |
| --- | --- | --- | --- | --- | --- | --- |
| 18.0310 | 0702 00 00 | | Tomatoes, fresh or chilled | From 1.12.2004 to 31.3.2005 | 1 750 | Exemption (1) |
| From 1.12.2005 to 31.3.2006 and for each period thereafter from 1.12 to 31.3 | 2 000 |
| 18.0320 | 0709 30 00 | | Aubergines (eggplants), fresh or chilled | From 15.1 to 30.4 | 3 000 | Exemption |
| 18.0330 | ex 0709 60 | | Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled: | From 1.1 to 31.12 | 1 000 | Exemption |
| 0709 60 10 | Sweet peppers |
| 0709 60 99 | Other |
| 18.0340 | 0709 90 70 | | Courgettes, fresh or chilled | From 1.12 to 28/29.2 | 300 | Exemption (1) |
| 18.0350 | 0805 10 20 | | Fresh oranges | From 1.1 to 31.12 | 25 000 | Exemption (1) |
| ex 0805 10 80 | 10 |
| 18.0360 | ex 0805 20 10 | 05 | Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh | From 1.1 to 31.12 | 500 | Exemption (1) |
| ex 0805 20 30 | 05 |
| ex 0805 20 50 | 07, 37 |
| ex 0805 20 70 | 05 |
| ex 0805 20 90 | 05, 09 |
| 18.0370 | ex 0805 50 10 | 10 | Lemons (Citrus limon, Citrus limonum), fresh | From 1.1 to 31.12 | 800 | Exemption (1) |
| 18.0380 | 0807 19 00 | | Melons (excluding watermelons), fresh | From 1.11 to 31.5 | 10 000 | Exemption’ |

Order No

CN code

Taric subdivision

Description of goods

Reference quantity period

Reference quantity volume

(in tonnes net weight)

Reference quantity duty

18.0310

0702 00 00

Tomatoes, fresh or chilled

From 1.12.2004 to 31.3.2005

1 750

Exemption (1)

From 1.12.2005 to 31.3.2006 and for each period thereafter from 1.12 to 31.3

2 000

18.0320

0709 30 00

Aubergines (eggplants), fresh or chilled

From 15.1 to 30.4

3 000

Exemption

18.0330

ex 0709 60

Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:

From 1.1 to 31.12

1 000

Exemption

0709 60 10

Sweet peppers

0709 60 99

Other

18.0340

0709 90 70

Courgettes, fresh or chilled

From 1.12 to 28/29.2

300

Exemption (1)

18.0350

0805 10 20

Fresh oranges

From 1.1 to 31.12

25 000

Exemption (1)

ex 0805 10 80

10

18.0360

ex 0805 20 10

05

Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh

From 1.1 to 31.12

500

Exemption (1)

ex 0805 20 30

05

ex 0805 20 50

07, 37

ex 0805 20 70

05

ex 0805 20 90

05, 09

18.0370

ex 0805 50 10

10

Lemons (Citrus limon, Citrus limonum), fresh

From 1.1 to 31.12

800

Exemption (1)

18.0380

0807 19 00

Melons (excluding watermelons), fresh

From 1.11 to 31.5

10 000

Exemption’

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(1)  The exemption applies only to the ad valorem duty.

1

ad valorem

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