# L_2016340EN.01004801.xml

| 15.12.2016 | EN | Official Journal of the European Union | L 340/48 |
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15.12.2016

EN

Official Journal of the European Union

L 340/48

---

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

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 (1), and in particular Article 58(1) thereof,

Whereas:

| (1) | By Decision (EU) 2016/1623 of 1 June 2016 (2), 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 (3) (‘the Agreement’). |
| --- | --- |

(1)

By Decision (EU) 2016/1623 of 1 June 2016 (2), 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 (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. |
| --- | --- |

(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 (4). |
| --- | --- |

(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 (4).

| (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 (5) 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 (6) should be suspended as of the date of provisional application of the Agreement. |
| --- | --- |

(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 (5) 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 (6) 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. |
| --- | --- |

(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, |
| --- | --- |

(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.

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

Done at Brussels, 14 December 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 269, 10.10.2013, p. 1.

1

(2)  Council 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).

2

(3)  
  OJ L 250, 16.9.2016, p. 3.

3

(4)  Commission 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

(5)  
  OJ L 311, 4.12.1999, p. 3.

5

(6)  Council 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).

6

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ANNEX

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 | 0402 10 | | 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 | 0405 10 | | 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 | 0811 10 90 | | Strawberries, frozen | From 1.11.2016 to 31.12.2016 | 377,5 (1) | 0 |
| For each year thereafter from 1.1 to 31.12 | 385 (2) |
| 09.1806 | 1701 13 10
  1701 14 10
  1701 99 10 | | Cane sugar for refining and white sugar, not containing added flavouring or colouring matter | From 1.11.2016 to 31.12.2016 | 8 333 | 0 |
| For each year thereafter from 1.1 to 31.12 | 50 000 |
| 09.1808 | 1701 13 10
  1701 14 10 | | Cane sugar for refining, not containing added flavouring or colouring matter | From 1.11.2016 to 31.12.2016 | 16 667 | 0 |
| For each year thereafter from 1.1 to 31.12 | 100 000 |
| 09.1818 | 1702 30 50 | | 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 | 2007 91 30 | | 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 | ex 2007 99 39 | 16
  17
  18
  19
  22
  24
  26
  27
  29
  30
  32
  34
  39
  40
  46
  47
  54
  56 | 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 | 57 156  (3) | From 1.11.2016 to 31.12.2016: 45 % MFN
  From 1.1.2017 to 31.12.2017: 41 % MFN
  From 1.1.2018 to 31.12.2018: 36 % MFN
  From 1.1.2019 to 31.12.2019: 32 % MFN
  From 1.1.2020 to 31.12.2020: 27 % MFN
  From 1.1.2021 to 31.12.2021: 23 % MFN
  From 1.1.2022 to 31.12.2022: 18 % MFN
  From 1.1.2023 to 31.12.2023: 14 % MFN
  From 1.1.2024 to 31.12.2024: 9 % MFN
  From 1.1.2025 to 31.12.2025: 5 % MFN
  From 1.1.2026 to 31.12.2026:0 |
| For each year thereafter from 1.1 to 31.12 | 57 156 |
| ex 2007 99 50 | 41
  42
  43
  45
  47
  49
  51
  52
  53
  62
  64
  67 |
| 2007 99 97 | 32
  33
  35
  37
  38
  39
  40
  41
  42
  44
  46
  48
  52
  57
  62 |
| 2008 40 51
  2008 40 59
  2008 40 71
  2008 40 79
  2008 40 90
  2008 50 61
  2008 50 69
  2008 50 71
  2008 50 79
  2008 50 92
  2008 50 98
  2008 70 61
  2008 70 69
  2008 70 71
  2008 70 79
  2008 70 92
  2008 70 98
  2008 97 59
  2008 97 74
  2008 97 78
  2008 97 98 | |
| 09.1824 | ex 2007 99 39 | 43
  44 | 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 | 2 960  (4) | 50 % MFN |
| 2008 97 72 | | For each year thereafter from 1.1 to 31.12 | 3 020  (5) |
| 09.1826 | 2009 11 99 | | Frozen orange juice | From 1.11.2016 to 31.12.2016 | 1 036  (6) | 0 |
| For each year thereafter from 1.1 to 31.12 | 1 057  (7) |
| 09.1829 | 2009 71
  2009 79 | | Apple juice | From 1.11.2016 to 31.12.2016 | 3 478  (8) | 50 % MFN |
| For each year thereafter from 1.1 to 31.12 | 3 595  (9) |
| 09.1830 | 2102 10 90 | | 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 | ex 2204 21 93 | 19
  29
  31 | Wines of an actual alcoholic strength by volume not exceeding 18 % vol. | From 1.11.2016 to 31.12.2016 | 60 105 000 litres (10) | 0 |
| ex 2204 21 94 | 19
  29
  31
  61
  71
  81 |
| ex 2204 21 95 | 11
  21
  31 |
| ex 2204 21 96 | 11
  21
  31
  61
  71
  81 |
| ex 2204 21 97 | 11
  21
  31 |
| ex 2204 21 98 | 11
  21
  31
  61
  71
  81 |
| ex 2204 29 93 | 10
  20
  30 |
| ex 2204 29 94 | 21
  31
  71
  81 |
| ex 2204 29 95 | 10
  20
  30 |
| ex 2204 29 96 | 21
  31
  71
  81 |
| ex 2204 29 97 | 10
  20
  30 |
| ex 2204 29 98 | 21
  31
  71
  81 |
| 09.1892 | ex 2204 21 93 | 19
  29
  31 | Wines, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 18 % vol. (11) | From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12 | 77 741 300  (12) | 0 |
| ex 2204 21 94 | 19
  29
  31
  61
  71
  81 |
| ex 2204 21 95 | 11
  21
  31 |
| ex 2204 21 96 | 11
  21
  31
  61
  71
  81 |
| ex 2204 21 97 | 11
  21
  31 |
| ex 2204 21 98 | 11
  21
  31
  61
  71
  81 |
| 09.1893 | ex 2204 21 93 | 19
  29
  31 | 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 | 33 317 700 litres (13) | 0 |
| ex 2204 21 94 | 19
  29
  31
  61
  71
  81 |
| ex 2204 21 95 | 11
  21
  31 |
| ex 2204 21 96 | 11
  21
  31
  61
  71
  81 |
| ex 2204 21 97 | 11
  21
  31 |
| ex 2204 21 98 | 11
  21
  31
  61
  71
  81 |
| ex 2204 29 93 | 10
  20
  30 |
| ex 2204 29 94 | 21
  31
  71
  81 |
| ex 2204 29 95 | 10
  20
  30 |
| ex 2204 29 96 | 21
  31
  71
  81 |
| ex 2204 29 97 | 10
  20
  30 |
| ex 2204 29 98 | 21
  31
  71
  81 |
| 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 | 13 333 | 0 |
| For each year thereafter from 1.1 to 31.12 | 80 000 |

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

0402 10

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

0405 10

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

0811 10 90

Strawberries, frozen

From 1.11.2016 to 31.12.2016

377,5 (1)

0

For each year thereafter from 1.1 to 31.12

385 (2)

09.1806

1701 13 10

1701 14 10

1701 99 10

Cane sugar for refining and white sugar, not containing added flavouring or colouring matter

From 1.11.2016 to 31.12.2016

8 333

0

For each year thereafter from 1.1 to 31.12

50 000

09.1808

1701 13 10

1701 14 10

Cane sugar for refining, not containing added flavouring or colouring matter

From 1.11.2016 to 31.12.2016

16 667

0

For each year thereafter from 1.1 to 31.12

100 000

09.1818

1702 30 50

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

2007 91 30

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

ex 2007 99 39

16

17

18

19

22

24

26

27

29

30

32

34

39

40

46

47

54

56

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

57 156  (3)

From 1.11.2016 to 31.12.2016: 45 % MFN

From 1.1.2017 to 31.12.2017: 41 % MFN

From 1.1.2018 to 31.12.2018: 36 % MFN

From 1.1.2019 to 31.12.2019: 32 % MFN

From 1.1.2020 to 31.12.2020: 27 % MFN

From 1.1.2021 to 31.12.2021: 23 % MFN

From 1.1.2022 to 31.12.2022: 18 % MFN

From 1.1.2023 to 31.12.2023: 14 % MFN

From 1.1.2024 to 31.12.2024: 9 % MFN

From 1.1.2025 to 31.12.2025: 5 % MFN

From 1.1.2026 to 31.12.2026:0

For each year thereafter from 1.1 to 31.12

57 156

ex 2007 99 50

41

42

43

45

47

49

51

52

53

62

64

67

2007 99 97

32

33

35

37

38

39

40

41

42

44

46

48

52

57

62

2008 40 51

2008 40 59

2008 40 71

2008 40 79

2008 40 90

2008 50 61

2008 50 69

2008 50 71

2008 50 79

2008 50 92

2008 50 98

2008 70 61

2008 70 69

2008 70 71

2008 70 79

2008 70 92

2008 70 98

2008 97 59

2008 97 74

2008 97 78

2008 97 98

09.1824

ex 2007 99 39

43

44

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

2 960  (4)

50 % MFN

2008 97 72

For each year thereafter from 1.1 to 31.12

3 020  (5)

09.1826

2009 11 99

Frozen orange juice

From 1.11.2016 to 31.12.2016

1 036  (6)

0

For each year thereafter from 1.1 to 31.12

1 057  (7)

09.1829

2009 71

2009 79

Apple juice

From 1.11.2016 to 31.12.2016

3 478  (8)

50 % MFN

For each year thereafter from 1.1 to 31.12

3 595  (9)

09.1830

2102 10 90

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

ex 2204 21 93

19

29

31

Wines of an actual alcoholic strength by volume not exceeding 18 % vol.

From 1.11.2016 to 31.12.2016

60 105 000 litres (10)

0

ex 2204 21 94

19

29

31

61

71

81

ex 2204 21 95

11

21

31

ex 2204 21 96

11

21

31

61

71

81

ex 2204 21 97

11

21

31

ex 2204 21 98

11

21

31

61

71

81

ex 2204 29 93

10

20

30

ex 2204 29 94

21

31

71

81

ex 2204 29 95

10

20

30

ex 2204 29 96

21

31

71

81

ex 2204 29 97

10

20

30

ex 2204 29 98

21

31

71

81

09.1892

ex 2204 21 93

19

29

31

Wines, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 18 % vol. (11)

From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12

77 741 300  (12)

0

ex 2204 21 94

19

29

31

61

71

81

ex 2204 21 95

11

21

31

ex 2204 21 96

11

21

31

61

71

81

ex 2204 21 97

11

21

31

ex 2204 21 98

11

21

31

61

71

81

09.1893

ex 2204 21 93

19

29

31

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

33 317 700 litres (13)

0

ex 2204 21 94

19

29

31

61

71

81

ex 2204 21 95

11

21

31

ex 2204 21 96

11

21

31

61

71

81

ex 2204 21 97

11

21

31

ex 2204 21 98

11

21

31

61

71

81

ex 2204 29 93

10

20

30

ex 2204 29 94

21

31

71

81

ex 2204 29 95

10

20

30

ex 2204 29 96

21

31

71

81

ex 2204 29 97

10

20

30

ex 2204 29 98

21

31

71

81

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

13 333

0

For each year thereafter from 1.1 to 31.12

80 000

---

(1)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1811.

(2)  From 1.1.2018, the volume shall be increased by 7,5 metric tonnes annually.

(3)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quotas 09.1813 and 09.1815.

(4)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1817.

(5)  From 1.1.2018, the volume shall be increased by 60 metric tonnes annually.

(6)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1819.

(7)  From 1.1.2018, the volume shall be increased by 21 metric tonnes annually.

(8)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quotas 09.1821.

(9)  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.

(10)  The tariff quota volume shall be reduced by the quantity imported, in 2016, under the tariff quota 09.1825.

(11)  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.

(12)  From 1.1.2018, the volume shall be increased by 741 300 litres annually.

(13)  From 1.1.2018, the volume shall be increased by 317 700 litres annually.

---