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"B 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)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 1747/2000 of 7 August 2000 L 200 25 8.8.20001999R2793 — EN — 09.08.2000 — 001.001 — 1
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 133 thereof,
Having regard to the proposal from the Commission,Whereas:(1) The Council has concluded a Trade, Development and Cooperation
Agreement between the European Community and the Republic of
South Africa, hereinafter referred to as ‘the Agreement’, and decidedby Decision 1999/753/EC (
1) that the Agreement enters into force
provisionally on 1 January 2000;
(2) The tariff preferences provided in the Agreement are applicable to
products originating in the Republic of South Africa in accordancewith Protocol 1 of the Agreement;
(3) It is necessary to lay down the procedures for applying certain
provisions of the Agreement;
(4) The preferential rates of duty to be applied by the Community under
the Agreement should normally be calculated on the basis of theconventional rate of duty in the Common Customs Tariff for the
products concerned; they should, however, be calculated from the
autonomous rate of duty where no conventional rate is given for theproducts concerned or where the autonomous rate is lower than theconventional rate; whereas it is unnecessary to include in the coverage
of this Regulation products for which the Common Customs Tariff
duty is free; the calculation must in no case be based on duties appliedunder conventional or autonomous tariff quotas;
(5) The Agreement stipulates that certain products originating in the
Republic of South Africa may be imported into the Community, within
the limits of tariff quotas, at a reduced or a zero rate of customs duty;the Agreement specifies the products eligible for those tariff measures,their volumes and duties; the most suitable method for managing the
tariff quota for products of CN code ex0406 is based on import
licences and should be carried out by the Commission; the other tariffquotas should be managed, as a rule, on a first-come first-served basis
in accordance with Articles 308a to 308c of Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the implementationof Council Regulation (EEC) No 2913/92 establishing the CommunityCustoms Code (
2);
(6) Amendments to the Combined Nomenclature and Taric codes and
adaptations arising from the conclusion of agreements, protocols orexchanges of letters between the Community and the Republic ofSouth Africa do not involve changes of substance; in the interest of
simplicity, provision should therefore be made for the Commission,
assisted by the Customs Code Committee, to take the measuresnecessary for the implementation of this Regulation, in accordancewith Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers of the Commis-
sion (
3);
(7) In the interest of combating fraud, provisions should be made to submit
preferential imports into the Community to surveillance,!B
(1) OJ L 311, 4.12.1999, p. 1.
(2) OJ L 253, 11.10.1993, p. 1. Regulation last amended by Regulation (EC) No
502/1999 (OJ L 65, 12.3.1999, p. 1).
(3) OJ L 184, 17.7.1999, p. 23.1999R2793 — EN — 09.08.2000 — 001.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. For the application of preferential duty under the Agreement, the
expression ‘duty effectively applied’ shall be taken to mean either:
— the lowest rate of duty appearing in column 3 or 4, taking into account the
periods of application mentioned or referred to in that column, of the
second part of Annex I of Council Regulation (EEC) No 2658/87 of 23July 1987 on the tariff and statistical nomenclature and on the CommonCustoms Tariff (
1), or
— the GSP rate according to Article 2 of Council Regulation (EC) No
2820/98 of 21 December 1998 applying a multiannual scheme of
generalised tariff preferences for the period 1 July 1999 to 31 December
2001 (2),
whichever is the lower. However, the expression ‘duty effectively applied’
shall not be taken to refer to a duty set up within the framework of a tariffquota under Article 26 of the Treaty or under Annex 7 of Regulation (EC) No2658/87.
2. For the purposes of the Annex to this Regulation, the term ‘MFN’shall be
taken to mean the lowest rate of duty appearing in column 3 or 4, taking into
account the periods of application mentioned or referred to in that column, of
the second part of Annex I of Regulation (EEC) No 2658/87.
3. Subject to paragraph 4, the final rate of preferential duty calculated in
accordance with this Regulation shall be rounded down to the first decimalplace.
4. Where the result of calculating the rate of preferential duty in application
of paragraph 3 is one of the following, the preferential rate shall be considereda full exemption:
— 1 % or less in the case of ad valorem duties, or
— EUR 0,5 or less per individual euro amount in the case of specific duties.
Article 2
1. The customs duties on the products listed in the Annex, originating in the
Republic of South Africa, shall be reduced to the levels provided in the Annexand within the limits of the tariff quotas specified in that Annex, withoutprejudice to Article 8.
2. These tariff quotas shall be managed in accordance with Articles 308a to
308c of Commission Regulation (EEC) No 2454/93.
3. The reductions of tariff quota duty referred to in the Annex are expressed
as a percentage of the customs duties effectively applied to South African
goods, as defined in Article 1(1) on the day of provisional entry into force of
the Agreement.
Article 3
The Commission shall open an annual duty-free tariff quota for cheese and
curd of CN codes 0406 10 20, 0406 10 80, 0406 20 90, 0406 30 10,0406 30 31, 0406 30 39, 0406 30 90, 0406 40 90, 0406 90 01, 0406 90 21,0406 90 50, 0406 90 69, 0406 90 78, 0406 90 86, 0406 90 87, 0406 90 88,
0406 90 93 and 0406 90 99 originating in the Republic of South Africa.
The initial annual volume of this tariff quota shall be 5 000 tonnes. An annualgrowth factor of 5 % shall apply to this volume. The resulting figure shall be
rounded up to the next complete unit.
Article 4
After the first year, the tariff quotas referred to in Article 2 shall be increased
each year by the percentage specified as the annual growth factor in the
Annex. The resulting figure shall be rounded up to the next complete unit.!B
(1) OJ L 256, 7.9.1987, p. 1. Regulation last amended by Regulation (EC) No 2261/98
(OJ L 292, 30.10.1998, p. 1).
(2) OJ L 357, 30.12.1998, p. 1.1999R2793 — EN — 09.08.2000 — 001.001 — 3
Article 5
Without prejudice to Articles 2 to 4, the amendments and technical
adaptations of this Regulation made necessary by amendments to the
Combined Nomenclature and Taric codes or arising from the conclusion of
agreements, protocols or exchanges of letters between the Community and theRepublic of South Africa, shall be adopted by the Commission in accordancewith the management procedure set out in Article 6(2).
Article 6
1. The Commission shall be assisted by the Customs Code Committee,
hereinafter referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at
three months.
3. The Committee shall adopt its rules of procedure.
Article 7
1. Products put into free circulation with the benefit of the preferential rates
provided under the Agreement, other than those covered by Article 2, shall be
subject to surveillance. The Commission in consultation with the Member
States shall decide the products to which this surveillance applies.
2. Article 308d of Regulation (EEC) No 2454/93 shall apply.
3. The Member States and the Commission shall cooperate closely to ensure
that this measure is complied with.
Article 8
The tariff quota referred to at order number 09.1825 in the Annex shall be
opened for the first time from the entry into force of the EC/RSA agreementon wines and spirits.
Article 9
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply from the date of entry into force of the Agreement (
1).
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) The date of entry into force of the Agreement will be published in the Official
Journal of the European Communities by the General Secretariat of the Council.1999R2793 — EN — 09.08.2000 — 001.001 — 4
ANNEX
concerning products referred to in Article 2
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 thisAnnex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined byapplication of the CN code and corresponding description taken together.
Order No CN codeTARIC
codeDescriptionAnnual tariff quota
volume, and annual
growth factor (
1)(2)Tariff quota duty
(% reduction)
09.1803 0603 10 30 Fresh orchids, from 1 June to 31 October 500 tonnes
(agf 3 %)50 MFN or 20
GSP (3)
0603 10 10 Fresh roses, from 1 January to 31 May, from 1
November to 31 December
0603 10 50 Fresh chrysanthemums, from 1 January to 31
May, and from 1 November to 31 December
09.1805 0603 10 80 Other fresh flowers, from 1 June to 31 October 600 tonnes
(agf 3 %)50 MFN or 20
GSP (3)
09.1807 ex 0603 10 80 30 Proteas, from 1 January to May 31, and from 1
November to 31 December900 tonnes
(agf 5 %)100
09.1809 0603 90 00 Other than fresh flowers 500 tonnes
(agf 3 %)75 MFN
09.1811 0811 10 90 Strawberries, frozen 250 tonnes
(agf 3 %)100
09.1813 2008 40 51
2008 40 592008 40 712008 40 79
2008 40 91
2008 40 99Pears, not containing added spirit 40 000 tonnes
gross weight
(agf 3 %)50 MFN
2008 50 61
2008 50 692008 50 712008 50 79
2008 50 92
2008 50 942008 50 99Apricots, not containing added spirit
2008 70 61
2008 70 692008 70 71
2008 70 79
2008 70 922008 70 94
2008 70 99Peaches, not containing added spirit
09.1815 2008 92 59
2008 92 74
2008 92 782008 92 98Mixtures of fruit, other than tropical fruit 18 000 tonnes
gross weight
(agf 3 %)50 MFN
09.1817 2008 92 72 Mixture of tropical fruit 2 000 tonnes gross
weight
(agf 3 %)50 MFN
09.1819 2009 11 99 Frozen orange juice 700 tonnes
(agf 3 %)50 MFN!
M11999R2793 — EN — 09.08.2000 — 001.001 — 5
Order No CN codeTARIC
codeDescriptionAnnual tariff quota
volume, and annual
growth factor (1)(2)Tariff quota duty
(% reduction)
09.1821 2009 40 30 Pineapple juice 5 000 tonnes
(agf 3 %)50 MFN
2009 70 11
2009 70 192009 70 30
2009 70 91
2009 70 932009 70 99Apple juice
09.1823 ex 2204 10 19 91, 99 Sparkling wine 450 000 litres
(agf 5 %)100
ex 2204 10 99 91, 99
09.1825 2204 21 79
2204 21 802204 21 83
2204 21 84Other wine 32 000 000 litres
(agf 3 %)100
09.1827 7202 41 10
7202 41 91
7202 41 99Ferro-chromium, containing by weight more
than 4 % of carbon515 000 tonnes 100
(
1) Annual growth factor (agf) = % of base year volume.
(2) Net weight, unless otherwise stated.
(3) Whichever results in the lower duty applicable.!M11999R2793 — EN — 09.08.2000 — 001.001 — 6