1996R1555 — EN — 01.04.2004 — 025.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1555/96
of 30 July 1996
on rules of application for additional import duties on fruit and vegetables
(OJ L 193, 3.8.1996, p. 1)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2623/98 of 4 December 1998 L 329 17 5.12.1998
►M2 Commission Regulation (EC) No 2370/1999 of 8 November 1999 L 286 6 9.11.1999
►M3 Commission Regulation (EC) No 2532/1999 of 30 November 1999 L 306 21 1.12.1999
►M4 Commission Regulation (EC) No 1044/2000 of 18 May 2000 L 118 16 19.5.2000
►M5 Commission Regulation (EC) No 1149/2000 of 29 May 2000 L 129 19 30.5.2000
►M6 Commission Regulation (EC) No 1512/2000 of 12 July 2000 L 174 17 13.7.2000
►M7 Commission Regulation (EC) No 2108/2000 of 4 October 2000 L 250 19 5.10.2000
►M8 Commission Regulation (EC) No 2410/2000 of 30 October 2000 L 278 5 31.10.2000
►M9 Commission Regulation (EC) No 2713/2000 of 12 December 2000 L 313 5 13.12.2000
►M10 Commission Regulation (EC) No 2883/2000 of 27 December 2000 L 333 74 29.12.2000
►M11 Commission Regulation (EC) No 1100/2001 of 5 June 2001 L 150 39 6.6.2001
►M12 Commission Regulation (EC) No 1273/2001 of 27 June 2001 L 175 12 28.6.2001
►M13 Commission Regulation (EC) No 1556/2001 of 30 July 2001 L 205 23 31.7.2001
►M14 Commission Regulation (EC) No 2135/2001 of 30 October 2001 L 287 19 31.10.2001
►M15 Commission Regulation (EC) No 2539/2001 of 21 December 2001 L 341 77 22.12.2001
►M16 Commission Regulation (EC) No 498/2002 of 20 March 2002 L 78 9 21.3.2002
►M17 Commission Regulation (EC) No 736/2002 of 29 April 2002 L 113 9 30.4.2002
►M18 Commission Regulation (EC) No 906/2002 of 30 May 2002 L 142 29 31.5.2002
►M19 Commission Regulation (EC) No 1427/2002 of 2 August 2002 L 206 6 3.8.2002
►M20 Commission Regulation (EC) No 1768/2002 of 3 October 2002 L 267 15 4.10.2002
►M21 Commission Regulation (EC) No 1949/2002 of 31 October 2002 L 299 19 1.11.2002
►M22 Commission Regulation (EC) No 2337/2002 of 23 December 2002 L 349 29 24.12.2002
►M23 Commission Regulation (EC) No 570/2003 of 28 March 2003 L 82 17 29.3.2003
►M24 Commission Regulation (EC) No 741/2003 of 28 April 2003 L 106 14 29.4.2003
►M25 Commission Regulation (EC) No 933/2003 of 28 May 2003 L 133 40 29.5.2003
►M26 Commission Regulation (EC) No 1487/2003 of 22 August 2003 L 213 7 23.8.2003
►M27 Commission Regulation (EC) No 1666/2003 of 22 September 2003 L 235 8 23.9.2003
►M28 Commission Regulation (EC) No 1740/2003 of 30 September 2003 L 249 43 1.10.2003
►M29 Commission Regulation (EC) No 1916/2003 of 30 October 2003 L 283 34 31.10.2003
►M30 Commission Regulation (EC) No 2333/2003 of 30 December 2003 L 346 13 31.12.2003
1996R1555 — EN — 01.04.2004 — 025.001 — 2
►M31 Commission Regulation (EC) No 555/2004 of 25 March 2004 L 89 6 26.3.2004
▼B
COMMISSION REGULATION (EC) No 1555/96
of 30 July 1996
on rules of application for additional import duties on fruit and
vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May
1972 on the common organization of the market in fruit and vegeta-bles (
1), as last amended by Commission Regulation (EC) No 1363/
95 (2), and in particular Article 24 (4) thereof,
Whereas under Regulation (EEC) No 1035/72 import duty additional to
that provided for in the Common Customs Tariff (‘additional duty’)can be imposed on certain products covered by that Regulation if theterms of Article 5 of the Agreement on Agriculture (
3) are met, unless
there is no risk of disturbance of the Community market or the impact
would be disproportionate to the end sought;
Whereas additional duty may be imposed if import volumes of the
products concerned, determined from import licences issued byMember States or by procedures introduced under a preferential agree-
ment, exceed trigger levels determined by product and period of
application as specified in Article 5 (4) of the Agreement on Agricul-ture;
Whereas additional duty may be imposed only on imports the tariff
classification of which made in line with Article 5 of Commission
Regulation (EC) No 3223/94 (
4), as last amended by Regulation (EC)
No 2933/95 (5), entails application of the highest specific duty and on
imports made outside the tariff quotas set in the World Trade Organi-zation framework; whereas no additional duty may be imposed on
products which enjoy preferences in respect of the entry price, in so
far as their tariff classification does not entail application of the highestspecific duty;
Whereas, in the case of imports enjoying tariff preference as to ad
valorem duty, calculation of the additional duty must take account of
this;
Whereas goods en route to the Community are exempt from additional
duty; whereas specific provisions on these should therefore be enacted;
Whereas the introduction of the import licence arrangements will not
prevent their being replaced by a rapid computerized procedure forrecording imports as soon as it is legally and practically possible toset one up; whereas there will be an evaluation in this respect by 31December 1997;
Whereas the Management Committee for fresh Fruit and Vegetables
has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Additional import duty as referred to in Article 33(1) of Council
Regulation (EC) No 2200/96 (6), termed ‘additional duty’ below, may
be applied to the products and during the periods listed in the Annexhereto on the conditions set out below.1996R1555 — EN — 01.04.2004 — 025.001 — 3
(1) OJ No L 118, 20. 5. 1972, p. 1.
(2) OJ No L 132, 16. 6. 1995, p. 8.
(3) OJ No L 336, 23. 12. 1994, p. 22.
(4) OJ No L 337, 24. 12. 1994, p. 66.
(5) OJ No L 307, 20. 12. 1995, p. 21.
(6) OJ L 297, 21.11.1996, p. 1.▼M1
▼M1
2. Trigger levels for the additional duties are listed in the Annex
hereto.
Article 2
1. For each of the products listed in the Annex hereto and during the
periods indicated Member States shall notify the Commission of detailsof the volumes put into free circulation using the method for thesurveillance of preferential imports set out in Article 308d of Commis-
sion Regulation (EEC) No 2454/93 (
1).
Such notification shall take place no later than midday Brussels time
each Wednesday for the volumes put into free circulation during thepreceding week.
2. Declarations for release for free circulation of products covered
by the present Regulation which the customs authorities may accept atthe declarant's request without their containing certain particularsreferred to in Annex 37 of Regulation (EEC) No 2454/93 shall contain,in addition to the particulars referred to in Article 254 of that Regula-
tion, an indication of the net mass (kg) of the products concerned.
Where the simplified declaration procedure referred to in Article 260 of
Regulation (EEC) No 2454/93 is used to put into free circulationproducts covered by the present Regulation, the simplified declarationsshall contain, in addition to other requirements, an indication of the net
mass (kg) of the products concerned.
Where the local clearance procedure referred to in Article 263 of Regu-
lation (EEC) No 2454/93 is used to put into free circulation productscovered by the present Regulation, the notification to the customsauthorities referred to in Article 266(1) of that Regulation shall contain
all necessary data for the identification of the goods, as well as an indi-
cation of the net mass (kg) of the products concerned.
Article 266(2b) shall not apply to imports of the products covered by
the present Regulation.
Article 3
1. If it is found that, for one of the products and one of the periods
listed in the Annex hereto, the quantity put into free circulation exceedsthe corresponding triggering volume the Commission shall levy anadditional duty.
2. The additional duty shall be levied on quantities put into free
circulation after the date of application of the said duty, provided that:
— their tariff classification determined in accordance with Article 5 of
Regulation (EC) No 3223/94 entails application of the highestspecific duties applicable to imports of the origin in question,
— importation is effected during the period of application of the addi-
tional duty.
Article 4
1. The additional duty imposed under Article 3 shall be one third of
the customs duty applicable to the product given in the Common
Customs Tariff.
2. However, for imports enjoying tariff preference as to ad valorem
duty the additional duty shall be one third of the specific duty on theproduct in so far as Article 3 (2) applies.1996R1555 — EN — 01.04.2004 — 025.001 — 4
(1) OJ L 253, 11.10.1993, p. 1.▼B
▼B
Article 5
1. The following are exempt from additional duty:
(a) goods imported against the tariff quotas listed in Annex 7 to the
combined nomenclature;
(b) goods en route to the Community as defined in paragraph 2.
2. Goods shall be considered to be en route to the Community that:
— left the country of origin before the decision to impose additional
duty, and
— are being transported under cover of a transport document valid
from the place of loading in the country of origin to the place of
unloading in the Community, drawn up before imposition of addi-
tional duty.
3. Interested parties shall provide evidence to the satisfaction of the
customs authorities that the requirements of paragraph 2 are met.
However, these authorities may deem that goods left their country of
origin before the date of imposition of additional duty if one of thefollowing documents is provided:
— for sea transport, the bill of lading showing that loading took place
before that date,
— for rail transport, the waybill accepted by the rail authorities of the
country of origin before that date,
— for road transport, the road carriage contract (CMR) or another
transit document made out in the country of origin before thatdate, if the conditions laid down in bilateral or multilateral arrange-ments concluded in the context of Community transit or commontransit are observed,
— for air transport, the air way bill showing that the airline accepted
the goods before that date.
Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1996R1555 — EN — 01.04.2004 — 025.001 — 5
▼M31
ANNEX
Without prejudice to the rules governing the interpretation of the combined
nomenclature, the description of the products is deemed to be indicative only.
The scope of the additional duties for the purposes of this Annex is determined
by the scope of the CN codes as they exist at the time of the adoption of this
Regulation. Where ‘ex’ appears before the CN code, the scope of the additional
duties is determined both by the scope of the CN code and by the corresponding
trigger period.
Serial No CN code Description Trigger periodTrigger level
(tonnes)
78.0015 ex 0702 00 00 Tomatoes — 1 October to 31
May206 245
78.0020 — 1 June to 30
September10 586
78.0065 ex 0707 00 05 Cucumbers — 1 May to 31
October36 176
78.0075 — 1 November to 30
April13 824
78.0085 ex 0709 10 00 Artichokes — 1 November to 30
June1 357
78.0100 0709 90 70 Courgettes — 1 January to 31
December18 056
78.0110 ex 0805 10 10
ex 0805 10 30
ex 0805 10 50Oranges — 1 December to 31
May404 503
78.0120 ex 0805 20 10 Clementines — 1 November to end
of February164 111
78.0130 ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90Mandarins (including
tangerines and
satsumas); wilkings
and similar citrus
hybrids— 1 November to end
of February89 273
78.0155 ex 0805 50 10 Lemons — 1 June to 31
December196 383
78.0160 — 1 January to 31
May64 351
78.0170 ex 0806 10 10 Table grapes — 21 July to 20
November62 108
78.0175 ex 0808 10 20
ex 0808 10 50
ex 0808 10 90Apples — 1 January to 31
August638 996
78.0180 — 1 September to 31
December25 380
78.0220 ex 0808 20 50 Pears — 1 January to 30
April251 007
78.0235 — 1 July to 31
December84 984
78.0250 ex 0809 10 00 Apricots — 1 June to 31 July 24 312
78.0265 ex 0809 20 95 Cherries, other than
sour cherries— 21 May to 10
August64 483
78.0270 ex 0809 30 Peaches, including
nectarines— 11 June to 30
September113 1011996R1555 — EN — 01.04.2004 — 025.001 — 6
▼M31
Serial No CN code Description Trigger periodTrigger level
(tonnes)
78.0280 ex 0809 40 05 Plums — 11 June to 30
September18 2361996R1555 — EN — 01.04.2004 — 025.001 — 7