Proposal for a Council Regulation (EC) on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States)
Date: 1998-01-23
Institutions: European Commission
Subjects: ACP countries, agricultural product, fourth Lomé Convention, import, tariff policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.01.1998 
COM(1998)  11  final 

98/ 0009 (CNS) 

Proposal  for a 

COUNCIL REGULATION (EC) 

on the arrangements applicable to agricultural products and goods resulting from the 
processing of agricultural products originating in the African Caribbean and Pacific States 
(ACP States) 

(presented  by the Commission) 

Explanatory memorandum 

1.  Article 366(1) of the Fourth ACP-EC Convention, signed in Lomé on  15 December  1989, 
provides that the Convention  is concluded  for  a period  of ten years from  1 March  1990. 
Under Article 366(2), there is provision for possible amendment of the Convention at the 
mid-term review. 

2.  The results of negotiations for the mid-term review of the Fourth Lomé Convention were 
finalised  at the last negotiating  session on 30 June  1995. The revised  Lomé Convention 
was  signed  by  the  Contracting  Parties  (70  ACP  States,  the  Community  and  the  15 
Member  States)  on  4  November  1995  in  Mauritius.  However,  the  revised  Convention 
will  not  come  into  force  until  it  has  been  ratified  by  the  Contracting  Parties. 
Consequently,  in accordance  with the Preamble to Annex XL to the Lomé  Convention, 
this  proposal  for  a  Council  Regulation  relates  to  the  application  of  arrangements  for 
agricultural  products  and  certain  goods  resulting  from  the  processing  of  agricultural 
products originating  in the African  Caribbean and Pacific  States (ACT Slates). 

3. 

4. 

The new  arrangements  include  commercial  provisions  covering  new  concessions;  they 
represent  a  considerable  improvement  to  the  development  of  trade  as  part  of  ACP-LC 
cooperation.  This  proposal  for  a  Council  Regulation  repeals  Regulation  (EEC)  No 
715/90'  applying  the  earlier  arrangements,  and  lays  down  new  arrangements  for 
agricultural  products  and  certain  goods  resulting  from  the  processing  of  agricultural 
products originating  in the African  Caribbean and  Pacific  States (ACP States). 

In  connection  with  Annex  XL  of  the  Lomé  Convention,  the  Community  planned  to 
introduce  a  set  of  provisions  granting  the  ACP  States  the  preferential  arrangements 
provided  for  in  Article  168(2)(a)(ii)  for  certain  agricultural  products  and  processed 
products.  These  provisions  incorporate  the  amendments  resulting  from  the  mid-term 
review  of  the  Fourth  Lomé  Convention,  but  also  amendments  required  following  the 
adoption, on  1  July  1995, of the new Combined Nomenclature  for agricultural  products, 
so as to take account of the results of multilateral trade negotiations under the GATT. 

>.  This  Regulation  repeals  Council  Regulation  (EEC)  715/90,  and  includes  the  new 
concessions  applicable  to ACP  imports of agricultural  products.  These new  concessions 
take  the  form  either  of  exemption  from  customs  duties  for  certain  products,  or  of  a 
reduction in the specific  rates of customs duties for other products, and/or of an  increase 
in the quotas previously  granted to the ACP States. This Regulation  also extends  the list 
of products eligible for a reduction in customs duties. 

Finally,  in accordance  with  the outcome  of  the  negotiations  for  the  mid-term  review  of 
the  Lomé  Convention,  it  has  been  agreed  that  the  amendments  to  the  arrangements 
should  be applicable  from  1  January  1996, and  consequently  that  Regulation  (EEC)  No 
715/90 should be repealed  from  that date. 

O J L 8 4,  30.3.1990, p. 85. 

^ 

PROPOSAL FOR A COUNCIL REGULATION (EC) 

on the arrangements applicable to agricultural products and goods resulting from  the 
processing of agricultural products originating in the African  Caribbean and Pacific  States 
(ACP States) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Economic Community, and in 
particular Articles 43 and  113 thereof, 

Having regard to the proposal  from  the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas the Fourth ACP-EC Convention, hereinafter  referred  to as the "Convention' 
was signed at Lomé on  î 5 December  1989 for a ten-year period  from  1  March  1990; 
whereas, however, provision was made for the possibility of amending the Convention 
in mid-term, 

Whereas in application  of that provision, an agreement amending the said Convention 
was signed in Mauritius on 4 November  1995, 

Whereas transitional measures applicable until entry into force of the said agreement 
should be adopted  in order to give effect  in advance to some of these amendments to the 
Convention, 

Whereas Article  168(2)(a) of the Convention lays down that products originating  in the 
ACP States and: 

- 

listed  in Annex  II to the  EEC Treaty, when they  come under a common  organisation 
of the market within the meaning of Article 40 of the EEC Treaty, or 

-  subject,  on  import  into  the  Community,  to  specific  rules  introduced  under  the 

common agricultural policy, 

shall  be  imported  into  the  Community,  notwithstanding  the  general  arrangements 
applied  in respect of third countries, in accordance with the following  provisions: 

(i) 

(ii) 

those products,  for which Community  provisions  in force at the lime oi' import 
do  not  provide, apart  from  customs duties, for  the application  of any  measure 
relating to their import, shall be imported free of customs duties; 

for  products  other  than  those  referred  to  under  (i), the  Community  shall  take 
the necessary  measures  to ensure more  favourable  treatment  than  that  granted 
to third countries benefiting  from  the most-favoured-nation  clause  for the same 
products; 

Whereas  Article  168(2)(d) of  the Convention  lays down  that  the arrangements  referred 
to  under  point  (a)  of  that  paragraph  shall  enter  into  force  at  the  same  time  as  the 
Convention  and shall  remain applicable  for its duration; 

Whereas  it  was  agreed,  following  the  ACP-EC  Council  decision  of  22  April  1997 
approving  the  agreement  in the form  of an exchange  of letters between  the  Community 
and  the  ACP  States  on  Annex  XL  of  the  Fourth  ACP-EC  Convention  concerning  the 
joint  declaration  on  agricultural  products  referred 

in  Article  168(2)(a)(ii)  and 

to 

Article  l(j)  of  Decision  No  6/95  of the ACP-EC  Council  of Ministers  of  20  December 
1995 on transitional measures to be applied from  1 January  1996, that the  arrangements 
provided  for  in  Article  168(2)(a)  concerning  trade  in  agricultural  and  food  products 
should  apply  to the ACP  States which  signed the  agreement  on the mid-term  review of 
the Convention, from  1  January  1996, that is to say, before the date of entry into force of 
the amended  Convention; 

Whereas  the  Regulations  on  the  common  organisation  of  the  markets  in  the  sectors 
concerned establish trade arrangements with third countries; 

Whereas, on the one hand, these trade arrangements  only  provide  for  the application  of 
customs  duties  on  import  of  a  number  of  products;  whereas,  on  the  other  hand,  they 
involve the application of customs duties consisting  in an ad valorem rate and a  specific 
rate on certain kinds of meat and products processed  from  fruit  and vegetables, and other 
measures  in respect of  imports of fishery  products, certain  fruit  and vegetables, and  oils 
and  fats;  whereas  the  obligations  of  the  Community  towards  the  ACP  States  under 
Article  168(2)(a)  of 
the  Convention  may  be  fulfilled  by  granting  total  or  partial 
exemption  from  customs duties  for  the products  in question  where they  originate  in the 
ACP States; 

Whereas for the purposes of this Regulation, the term "import  duties" is to be defined  in 
accordance with Article 20 of the Customs Code2; 

Whereas  it  should  be  specified  that  the  advantages  resulting  from  Article  lo8(2)(a)  of 
the Convention are accorded only to originating products within the meaning of Protocol 
1  concerning  the  definition  of  the  concept  of  "originating  products"  and  methods  of 
administrative  cooperation,  annexed  to  the  Convention,  the  early  application  of  which 
was approved in Regulation (EEC) No 714/90; 

Whereas,  furthermore,  these  advantages  should  be  subject  to  certain  conditions  and 
limited to certain annual and multiannual quantities on a case-by-case basis; 

Whereas  the  tariff  advantages  resulting  from  Article  168(2)(a)  of  the  Convention  are 
calculated  on  the  basis  of  rates  laid  down  in  the  Common  Customs  Tariff,  and  in 
accordance  with  the rules governing  it; whereas they  should,  however,  be calculated  on 
the basis of the autonomous  duty  where  no conventional  duty  is indicated,  or where  the 
autonomous duty is lower than the conventional duty; 

Whereas  there  have  traditionally  been  trade  Hows  from  the  ACP  States  to  the  French 
overseas  departments;  whereas  measures  should  therefore  be  introduced  to  encourage 
the  import  of  certain  products  originating  in  the  ACP  Slates  into  the  French  overseas 
departments to cover  local consumption  requirements, including consumption  following 
processing;  whereas  provision  should  be  made  for  altering  the  arrangements  governing 
access  to  the  markets  in  products  originating  in  the  ACP  States  referred  to  in  Article 
168(2)  of  the  Convention,  particularly  in  the  light  of  the  said  departments'  economic 
development requirements; 

Whereas  it  should  be  stipulated  that  the  safeguard  clauses  provided  for  in  the 
Regulations on the common organisation  of the agricultural  markets and in specific  rules 
introduced  under the common agricultural  policy are applicable; 

Council  Regulation  (V.Y.V) No 24>l 3/92 of  12 October  1992, OJ  I. 302,  19.10.1992, p.  I. 

(y 

Whereas  it was  agreed  when negotiating  the mid-term  review  of the  Lomé  Convention 
that  the  amendments  to  the  arrangements  should  be  applicable  from  1 January  1996; 
whereas consequently Regulation (EEC) No 715/90 should be repealed from that date, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

This Regulation  shall apply to products originating in the ACP States listed  in Annex 
I. 

The rules of origin applicable to products imported from the ACP States shall be those 
in Protocol  1  to the Fourth Convention. 

TITLE 1 

Beef and veal 

Article 2 

The products referred to in Article  1  of Council Regulation (EEC) No 805 68 o( 27 June  1968 
on the common  organisation  of the market  in beef and  veal3, as last  amended  by  Regulation 
(EC) No 2321/974, shall be imported free of ad valorem customs duties. 

Where,  in  the  course  of  a  year,  imports  into the  Community  of  products  falling  within  CN 
codes 0201, 0202, 0206  10 95, 0206 29 91,  1602 50  10 or  1602 90 61, originating  in an  ACP 
State  exceed  a  quantity  equivalent  to  imports  into  the  Community  during  whichever  year 
between  1969 and  1974 Community  imports of products  of that origin  were highest,  plus an 
annual growth rate of 7 %, exemption from  customs duties on the products of that origin shall 
be partially or totally  suspended. 

In that event the Commission  shall report to the Council which, acting by a qualified  majority 
on  a proposal  from  the  Commission,  shall  determine  the  arrangements  to  be  applied  to  the 
imports in question. 

Customs duties applicable to the import of homogenised preparations  of meat,  liver or blood 
of  bovine  animals  falling  within  CN  codes  ex 1602 10 00, ex 1602 20 90 and  ex  1602 90 10 
shall be reduced by  16%. 

3  OJL  148, 28.6.1968, p. 24. 

4 

(XI 1.322, 25.11.1997, p. 25. 

J) 

Article  3 

Within  the  country-by-country  and  overall  limits  referred  to  in  Article  4,  specific  rates  of 
import  duties  (import  duties  other than  customs  duties), applied  to products  originating  in  the 
ACP  States and referred  to in Article  1(a) of Regulation  (EEC) No  805/68  shall be reduced  by 
92% of the  specific  rates of import duties (import duties other than customs duties)  applicable 
on the day  of  import. 

Article 4 

1. 
The  reduction  in  specific  rates  of  import  duties  (import  duties  other  than  customs 
duties)  provided  for  in  Article  3  shall  apply  on  a  country-by-country  basis  per  calendar  year 
to the following  quantities  of boneless  meat: 

Botswana: 
Kenya: 
Madagascar: 
Swaziland: 
Zimbabwe: 
Namibia: 

18 916 tonnes, 
142 tonnes, 
7 579 tonnes, 
3 363 tonnes, 
9  100 tonnes, 
13 000 tonnes. 

The reduction  applies to  52  100 tonnes  against  which  the  quantities  exported  by  the  countries 
in question  will  be charged  up to the limit of the annual  quotas  indicated  above. 

If  deliveries  do  not  exceed  this  amount,  the  procedure  provided  for  under  paragraph  2  shall 
apply. 

If an  ACP  State  is not able  to supply  its annual  quota  as set  out  in paragraph  1  or  if,  as 

2. 
a  result  of  an  actual  or  predicted  contraction  of  exports  due  to  a  disaster  such  as  drought,  a 
cyclone  or  disease  affecting  livestock,  it  does  not  wish  to  benefit  from  the  possibility  of 
delivery  in the  current  or  following  year,  a decision  may  be taken  at  its  request,  submitted  by 
1  September  of  each  year  at the  latest,  in  accordance  with  the  procedure  referred  to  in  Article 
(30),  to  reallocate  the  quantities  laid  down  in  paragraph  1 among  the  other  States  concerned, 
up to the limit  of 52  100 tonnes. 

TITLE II 

Sheepmeat  and  goatmeat 

Article 5 

1. 
The  products  referred  lo  in  Article  1 of  Council  Regulation  (EEC)  No  3013/89  of  25 
September  1989 on  the  common  organisation  of  the  market  in  sheepmeat  and  goatmeat  shall 
be  imported  free  oi'ad  valorem  customs  duties. 

2. 

By  way  of derogation  from  paragraph  1, 

• 

the  specific  amounts  of  customs  duties  fixed  in  the  Common  Customs  Tariff 
applicable  to  imports  of  live  sheep  and  goats,  other  than  pure-bred  breeding 
animals,  tailing  within  CN  codes  0104  10 30  ,  0104  10 80  or  0104  20 90,  and  to 
meat  of  sheep  and  goats  other  than  that  of  domestic  sheep  falling  with  CN  codes 
0204,  0210  90  11  or  0210  90  19,  shall  not  be  applied  within  the  limits  of  an 
annual  quota  of  100 tonnes; 

• 

the  specific  amounts  of  customs  duties  fixed  in  the  Common  Customs  Tariff 
applicable  to  imports  of  meal  from  domestic  sheep  falling  within  CN  codes  0204, 

(a 

0210 90 11 or 0210 90 19 shall be reduced by 65 % within the limits of a quota of 
500 tonnes per calendar year to be charged against the quantities fixed in Article 1 
of Regulation (EEC) No 3643/85. 

3. 
Customs duties applicable to the import of homogenised preparations of meat, liver or 
blood  of  sheep  and  goats  falling  within  CN  codes  ex 1602 10 00,  ex  1602 20 90  and 
ex  1602 90  10 shall be reduced by 16%. 

TITLE III 

Poultry and poultrymeat 

Article 6 

1. 
The  specific  rates  of  import  duties  applicable  to  imports  of  live  poultry,  poultry  fat, 
and  poultry  offal  falling  within  CN  codes  0105,  0209 00 90,  0210 90 71,  0210 90 79  and 
1501 00 90 shall be reduced by  16%. 

The customs duties applicable to imports of poultrymeat  falling  within CN code 0207 

2. 
shall be reduced  by 65% within the limits of a quota of 400 tonnes per calendar year. 

3. 
The  customs  duties  applicable  to  imports  of  prepared  or  preserved  meat  or  offal 
falling  within  CN  codes  1602 31,  1602 32  11,  1602 32  19,  1602 32 30.  1602 32 90  or 
1602 39  shall  be  reduced  by  65% within  the  limits  of  a  quota  of  500  tonnes  per  calendar 
year. 

TITLE IV 

Milk and milk products 

Article 7 

The  customs  duties  applicable  to  imports  of  milk  and  cream,  concentrated  or 
1. 
containing  added  sugar  or  other  sweetening  matter,  falling  within  CN  code  0402  and  to 
cheese and curd  falling  within  CN code 0406 shall be reduced  by 65% within  the limits of a 
quota of  1000 tonnes per calendar year for all products in CN codes 0402 and 0406. 

2. 
The customs duties applicable to imports of milk and milk products  falling  within CN 
codes  0401, 0403 10 11  to  0403  10 39,  0403 90  11  to  0403 90 69,  0404  10,  0404%,  0405, 
1702  11 00,  1702  19 00,  2106 90 51,  2309  10 15,  2309  10 I 9,  2309  10 .V).  2309  10 50. 
2309  10 70, 2309 90 35, 2309 90 39, 2309 90 49, 2309 90 59 and  2309 90 70 shall  be reduced 
by 16%. 

TITLE V 

Eggs 

Article 8 

The  customs  duties  applicable  to  imports  of  eggs  of  poultry  falling  within  CN  codes 
0407 00  11, 0407 00  19, 0407 00 30 and of birds'  eggs and egg yolks  falling  within  CN  codes 
0408  11 80, 0408 19 81, 0408  19 89, 0408 91 80, 0408 99 80 shall be reduced by 16%. 

'} 

TITLE VI 

Live pigs and pigmeat 

Article 9 

The customs duties applicable to imports of domestic species of live swine other than 
1. 
pure-bred breeding animals falling  within CN codes 0103 91  10, 0103 92 11 and 0103 92 19, 
of lard and other pig fat  falling  within CN codes  1501 00 11 and  1501 00 19, of prepared or 
preserved  offal  or  blood  of  swine  falling  within  CN  codes  1602 10 00,  1602 20 90, 
1602 41  10,  1602 42  10, 1602 49, ex 1602 90 10 and  1602 90 51, and of stuffed  pasta  falling 
within CN code  1902 20 30 shall be reduced by 16%. 

The  customs  duties  applicable  to  imports  of  meat  of  swine,  fresh  or  chilled,  falling 

2. 
within  CN  codes  0203  11 10,  0203 12 11, 0203 12 19,  0203 19 11, 0203  19 13,  0203  19 15, 
ex 0203  19 55  with  the  exception  of  tenderloin  presented  alone,  0203  19 59,  of  frozen  meat 
falling  within  CN  codes  0203 21  10,  ,  0203 22  11,  0203 22  19,  0203 29  11,  0203 29 13, 
0203 29  15, ex 0203 29 55 with the exception of tenderloin presented alone, and 0203 29 59, of 
edible offal  of domestic swine falling within CN codes 0206 30 21, 0206 30 31 and 0206 41  91, 
0206 49 91, of pig fat  falling  within CN codes 0209 00  11, 0209 00  19. 0209 00 30. meat and 
edible  meat  offal,  edible  flours  and  meals  of  meat  or  meat  offal  of  domestic  swine  falling 
within  CN  codes  0210  11 11  to  0210  11 39  and  codes  0210  12  11,  0210  12 19  and  codes 
0210  19 10 to  0210 90 31  and  0210 90 39  shall  be  reduced  by  50% within  the  limits  of  an 
annual quota of 500 tonnes. 

3. 
Customs  duties  applicable  to  imports  of  sausages  and  similar  products  of  pigmeat, 
meat offal  or blood falling  within CN code  1601 00 shall be reduced  by 65% within the limits 
of a quota of 500 tonnes per calendar year. 

TITLE VII 

Fisheries 

Article 10 

The products specified  in Article  1  of Council Regulation (EEC) No 3759/92 o(  17 December 
1992 on the common organisation  of the market in fishery  and aquaculture  products5, as last 
amended by Regulation (EC) No 3318/946, shall be imported free of customs duties. 

TITLE VII 

Oils and fats 

Article 11 

The products  referred  to  in Article  l(2)(a) and  (b) of Council  Regulation  No  136/66/EEC of 
22 September  1966 on the establishment  of a common  organisation  of the market  in oils and 

OJ  L 388, 31.12.1992, p. 1. 

OJ L 350, 31.12.1994, p.15. 

$ 

fats7,  as  last  amended  by  Regulation  (EC) No  1581/968,  shall  be  imported  free  of  customs 
duties. 

TITLE IX 

Cereals 

Article 12 

The  customs  duties  applicable  to  imports  of  maize  falling  within  CN  codes 
1. 
0709 90 60, 0712 90 16, 1005 10 90 or  1005 90 00 shall be reduced by ECU  1,81 per tonne. 

The  customs  duties  applicable  to  imports  of  grain  sorghum  falling  within  CN  code 

2. 
1007 00 shall be reduced by 60% up to a ceiling of  100 000 tonnes per calendar year. 

No  customs  duties  shall  be  charged  on  imports  of  millet  falling  within  CN  code 

3. 
1008 20 00 up to a ceiling of 60 000 tonnes per calendar year. 

4. 
If,  in  the  course  of  a  year,  the  ceilings  fixed  pursuant  to  paragraphs  2  and  3  are 
reached,  the  Commission  may,  by  means  of  a  Regulation,  reintroduce  the  application  of 
normal  customs  duties  until  the  end  of the  period  of  validity;  the  duties  applicable  shall  be 
reduced by 50%). 

5. 
The  customs  duties  applicable  to  imports  of  wheat  and  rye  flour  falling  within  CN 
codes  1101 00 and  1102 10 00, groats and meal of wheat falling  within CN code  1103  11 and 
pellets of wheat falling within CN code  1103 21 00 shall be reduced by  16%. 

6 
The customs duties applicable to imports of wheat, rye, barley  and oats  falling  within 
CN  codes  1101  10 00,  1001 90 91,  1001 90 99,  1002 00 00,  1003 00 and  1004 00 00  and  of 
buckwheat,  canary  seed,  triticale  and  other  cereals  falling  within  CN  code  1008  shall  be 
reduced by 50%) within the limits of a quota of 15 000 tonnes per calendar year. 

TITLE X 

Rice 

Article 13 

1. 
Within  the  limits  of  the  quantities  laid  down  in  Article  14,  the  customs  duties 
applicable to imports of rice falling within CN code  1006 shall be equal, per tonne of product: 

(a) 

(b) 

in  the  case  of  paddy  rice  falling  within  CN  codes  1006  10 21  to  1006  10 98,  to  the 
customs  duties  lixed  by  the  Common  Customs  Tariff  reduced  by  65%  and  by 
ECU 4.34; 

in the case of husked  rice  falling  within CN code  1006 20, to the duty  fixed  pursuant 
to  Article  11(2)  of  Regulation  (EC)  No  3072/95  and  Regulation  (EC)  No  1503/96, 
reduced by 65%) and by ECU 4.34; 

7  OJ L  172, 30.9.1996, p. 3025/66, 

s  OJ L 206,  16.8.1996, p.l I. 

9 

(c) 

in the  case  of semi-milled  or wholly  milled rice falling  within  CN codes  1006 30, to 
the  duty  fixed  pursuant  to  Article  11(2)  of  Regulation  (EC)  No  3072/95  and 
Regulation (EC) No  1503/96, reduced by ECU  16.78, then by 65%) and by ECU 6.52; 

(d) 

in the case of broken rice falling  within CN code  1006 40 00, to the duty fixed by the 
Common Customs Tariff  reduced by 65% and by ECU 3.62. 

2. 
Paragraph  1 shall apply  only  to imports for  which the importer provides proof that an 
export  charge  of an amount  equivalent  to the reduction  referred  to  in the  said  paragraph  has 
been collected  by the exporting country. 

Article 14 

1. 
The  reduction  in  customs  duties  provided  for  in  Article  13  shall  be  limited,  per 
calendar year, to a quantity expressed  as husked rice, of  125 000 tonnes of rice tailing  within 
CN  codes  1006 10 21  to  1006  10 98,  1006 20  and  1006 30  and  of  20 000  tonnes  of  broken 
rice falling within CN code  1006 40 00. 

Quantities of rice at other stages of processing than husked rice shall be converted  at the rates 
laid  down  in  Article  1 of  Commission  Regulation  No  467/67/EEC\  as  last  amended  by 
Regulation (EEC) No 2325/8810. 

2. 
Depending  on  the  dates  of  entry  into  force  and  expiry  o(  this  Regulation,  the 
quantities  provided  for  in  paragraph  1, expressed  per  calendar  year,  shall  be  calculated  pro 
rata lemporis. 

TITLE XI 

Cereal substitutes and products processed from cereals and rice 

Article 15 

1. 

The following  products shall be imported free of customs duties: 

-  products falling within CN code 0714  10 91, 

-  sweet potatoes falling  within CN code 0714 20 10, 

-  products  falling  within  CN  code  0714 90 11  and  arrowroot  falling  within  CN  code 

0714 90  11 and ex 0714 90 19, 

-  flour  and meal of arrowroot falling  within CN code ex  1106 20, 

-  starch of arrowroot  falling within CN code ex  1108  19 90, 

dog or cat food  falling  within CN codes 2309  10 11, 2309  10 31. 

2. 

The customs duties applicable to imports of the following  products shall  be reduced: 

l)  OJL  204,24.8.1967, p.I. 

10  OJ 1,202,27.7.1988, p. 41. 

b 

-  by  ECU 6.19  per  tonne  for  products  falling  within  CN  codes  0714  10 99  and 

0714 90  19, excluding arrowroot, 

-  by ECU 8.38 per tonne for products falling within CN code 0714  10 10, 

-  by  ECU 7.98  per  tonne  for  products  falling  within  CN  codes  11062010  and  ex 

1106 20 90, excluding flour and meal of arrowroot, 

-  by  50%o for  products  falling  within  CN codes  1108 14 00 and  1108 19 90, excluding 

starch of arrowroot, 

-  by ECU 29.18 per tonne for products falling  within CN code ex 1106 20 90, flour and 
meal of sago or of roots or tubers falling  within CN code 0714 other than  denatured, 
excluding flour and meal of arrowroot. 

3. 
For  other  products  listed  in  Annex  A  to  Regulation  (EEC)  No  1766/92  and  in 
Article  1(1 )(c)  of  Regulation  (EC)  No  3072/95  the  customs  duties  fixed  in  the  Common 
Customs Tariff  shall be reduced as follows: 

-  by  ECU  7.3  per  tonne  for  products  falling  within  CN  codes  1102 20  10,  1102 90 10, 
1102 90 30,  1103  12 00,  1103 13 10,  1103  19 10, 1103 19 30,  1103 21 00,  1103 29 10, 
1103 29 20,  1103 29 30,  1103 29 40,  1104  11 90,  1104 12 90,  1104 19 10,  1104 19 30, 
1104 19 50, 1104 19 91,  1104 19 99, 1104 21 50 and  1104 30, 

by  ECU  3.6  per  tonne  for  products  falling  within  CN  codes  1102 20 90,  1102 30 00, 
1102 90 90,  1103 13 90,  1103  14 00,  1103 19 90,  1103 29 50,  1103 29 90,  1104  1  I 10, 
1104 12 10,  1104 21  10,  1104 2130,  1104 2190,  1104 2199,  1104 22  1104 23  and 
1104 29, 

-  by  ECU  24.8  per  tonne for products  falling  within  CN codes  1108 11 00,  1108 12 00 

and  1108 13 00, 1108 14 00, 1108 19 90 

-  by ECU 37.2 per tonne for rice starch falling within CN code 1108 19 10. 

-  by ECU 219 per tonne for wheat gluten falling within CN code  1109 00 00 and residues 

from the manufacture of starch from maize falling within CN code 2303 10 11. 

-  by  ECU  117 per  tonne  for  products  falling  within  CN  codes  1702 30 51,  1702 30 91 

and  1702 90 75, 

by  ECU  81  per  tonne  for  products  falling  within  CN  codes  1702 30 59,  1702 30 99, 
1702 40 90, 1702 90 50,  1702 90 79 and 2106 90 55, 

by ECU  7.2  per tonne  for products  falling  within CN codes 2302  10, 2302 20, 2302 30 
and 2302 40, 

by  10.90 ECU  per tonne for products  falling  within CN codes 2309  10 13, 2309  10 33, 
2309  10 51,  2309  10 53, 2309 90 31,  2309 90 33, 2309 90 41,  2309 90 43,  2309 90 51 
and 2309 90 53. 

/; 

TITLE XII 

Fruit and vegetables 

Article 16 

The products listed below shall be imported free of customs duties: 

CN code 

Description 

0706 

Carrots, turnips, salad beetroot, salsify,  celeriac, radishes and  similar 

edible roots, fresh or chilled: 

0706 90 

-Other: 

0706 90 30 

-- Horseradish {Cochlearia armor acid) 

ex 0706 90 90 

-- other: 

- salad beetroot 

- Radishes (Raphanus sativus) termed "MoolT radishes 

0707 00 

- Cucumbers and gherkins, fresh or chilled 

- - cucumbers * 

ex 0707 00 10 
ex 0707 00 15 
ex 0707 00 20 
ex 0707 00 35 

ex 0707 00 40 

0708 

0709 

- Small winter cucumbers' ' * 

Leguminous vegetables, shelled or unshelled, fresh or chilled: 

Other vegetables, fresh or chilled: 

0709 30 00 

- Aubergines (egg plants) 

0709 40 00 

- Celery, other than celeriac 

- Mushrooms and  truffles: 

0709 51 

- - mushrooms 

0709 5190 

---other 

0709 60 

- - Fruits of the genus Capsicum or of the genus Pimenta: 

0709 60  10 

- - Sweet peppers 

0709 90 

- other 

11  "Small cucumbers" means cucumbers whose length does not exceed  15 cm. 

U< 

- - courgettes * 

0709 90 71 

- - - from 1  to 31 January 

0709 90 73 

- - - from  1  February to 31 March 

0709 90 75 

- - - from  1  April to 31 May 

0709 90 77 

- - - from  1  June to 31 July 

0709 90 79 

- - - from  1  August to 31 December 

0709 90 90 

- - other 

0802 

Other nuts, fresh or dried, whether or not shelled or peeled: 

- walnuts 

0802 31 00 

- - in  shell 

0802 32 00 

- - shelled 

0802 50 00 

- Pistachios 

0802 90 

- other 

0802 90  10 

--Pecans 

0802 90 50 

- - Pine nuts 

0802 90 60 

- - Macadamia nuts 

0802 90 85 

- - other 

0804 

Dates, 
figs,  pineapples, 
mangosteens, fresh  or dried : 

avocados,  guavas,  mangoes 

and 

0804 30 00 

- Pineapples 

0804 40 

- Avocados 

0804 50 00 

Guavas, mangoes and  mangosteens 

0805 

Citrus fruit,  fresh  or dried 

0805 30 

-  Lemons  (Citrus  limon,  Citrus  limonum)  and  limes  (Citrus 

intrant 

ifolia) 

0805 30 9() 

- - I ,imes (( 'Urns aurantifolia) 

0805 40 

-(irapefruil 

0805 90 00 
0807  11 00 

0807  19 00 

- other 
Melons (including watermelons) 

yo 

0807 20 00 

- Pawpaws (papayas) 

0809 40 90 

- - Sloes 

0810 

0810 40 

Other fresh  fruit 

-  Cranberries,  bilberries  and  other  fruits  of  the  genus 

0810 40 30 

- - Fruit of the species  Vaccinium myrtillus 

Vaccinium 

0810 90 

0813 

0813 50 

- other fresh  fruit 

Fruit, dried, other than that of heading Nos 0801  to 0806; mixtures of 
nuls or dried  fruits  of this chapter 

- mixtures of nuts or dried  fruits of this chapter 

- - mixtures exclusively  of dried  nuts of heading Nos 0801 and 
0802 

0813 50 31 

- - - Of  tropical nuts 

0813 50 39 

---other 

* 

2. 

the exemption applies only to the ad valorem component of customs duties. 

Imports of the products listed below shall attract the customs duty  indicated: 

CN code 

0814 40 

Description 

Rate of duty (%) 

- Cranberries, bilberries  and  other  fruits  of the  genus 
Vaccinium: 

0814 40 50 

- - Fruits of the  species  Vaccinium  macrocarpon and 
Vaccinium corymbosum 

0814 40 90 

--other 

I 

I 

L 

3 

5 

The customs  duties  applicable  to  imports  into  the  Community  of the  products  listed 

!. 
below shall  be reduced  within  the limits  indicated: 

Article 17 

CN  Code 

Description 

0702  00 

Tomatoes,  fresh  or  chilleci: 
Cherry  tomatoes 

ex  0702  00  45 

Reduction 
(%) 

.QUOJUL('I'O) 
Ceiling  (TC) 
(tonnes) 
Reference 
quantity  (R()) 

If 

0702 00 50 
0702 00 15 
0702 00 20 

-  from  15 November  to  30 April 

| 

100 

TQ  2  000 

Tomatoes,  other than  cherry  tomatoes 
-  from  15 November  to  30  April 

60 

TQ  2  000 

0703 

Onions,  shallots,  garlic,  leeks  and  other 
alliaceous  vegetables,  fresh  or  chilled 

0703 10 

- Onions,  shallots: 

-  Onions 

0703 10 19 

-  other 

from  1 February  to  15 May 
from  16 May  to  31  January 

0703 20 00 

-  Garlic: 

from  1 February  to 31  May 
from  1  June  to 31  January 

0704 

0704 90 

Cabbages,  cauliflowers,  kohlrabi,  kale  and 
similar  edible  brassicas,  fresh  or  chilled: 
-  other 

ex 0704 90 

-  other 

-  Chinese  cabbage, 

0705 

from  1 November  to  3 I  December 
from  I January  to 30  October 
and 
Lettuce 
(Cichorium  spp.),  fresh  or  chilled 

(Lacluca 

saliva) 

chicory 

100 
15 

100 
15 

100 

-  Lettuce: 

0705 11 

-  Cabbage  lettuce: 
- 

from  1 April  to 30  November 

ex  0705  11  05 
ex  0705  1110 
ex  0705  11  80 

0706 

cx0706  10 00 

0709 
0709  10 
ex  0709  10 30 
0709  10 40 

0709  10  10 
0709  10 20 
ex  0709  10 30 

0709  20  00 

-  Iceberg  lettuce,  from  I July  to 3 1 October 
-  from  1  November  to  30  June 

100 
15 

salsify, 
turnips,  salad  beetroot, 
Carrots, 
celeriac,  radishes  and  similar  edible  roots 
fresh  or  chilled: 

- Carrots  and  turnips 
-Carrots,  from  1 January  to  3 I  mars 
-  from  1 April  to 3 1 December 

Other  vegetables,  fresh  or  chilled: 
- Globe  artichokes 
-  from  I October  to 31  December 

from  1  January  to  30  September 

Asparagus: 
from  15  August  io  15  January 

100 
15 

100 

15 

too 

/  ^ 

-  from  16 January  to 31  January 
-  from  1 February  to  14 August 

40 
15 

0804 

ex 0804 20 10 

Dates,  figs,  pineapples,  avocados,  guavas, 
mangoes  and  mangosteens,  fresh  or  dried: 
~  Figs,  fresh: 

from  1  November  to  30  April 

0805 

Citrus  fruit,  fresh  or  dried: 

ex 0805 10 

ex 0805 20 

0806 

0806 10 

tangerines  and 
and 

(including 

clémentines,  wilkings 

- Oranges,  from  15 May to 30  September 
-  from  1 October to  14 May 
-  Mandarins 
satsumas); 
similar  citrus  hybrids: 
-  from  15 May  to 30  September 
-  from  I October  to  14 May 
Grapes,  fresh  or  dried: 
-  Fresh: 
~  table  grapes: 
—from  I January  to  14 July 

100 

TC200 

100* 
8 0* 

100 
8 0* 

RQ 25  000 

RQ 4  000 

ex 0806 10 29 

—other: 

-  seedless table  grapes 

-  from  1 January  to 31  January 
-  from  1 February  to 31  March 

100 
100 

TQ  400 
RQ  100 

- 

from  21  November  to 31  December 

ex 0806 10 69 

- 

other: 
-  seedless  table  grapes: 

-  from  1 December  to 31  December 

100 

Q  400 

0808 

Apples,  pears  and  quinces,  fresh: 

0808 10 

-  Apples 

50 

Q  1  000 

0808 20 

-  Pears and  quinces: 

ex 0808 20 

~  Pears 

65 

VQ  2 000 

0809 

Apricots, 
nectarines),  plums  and  sloes,  fresh: 

cherries, 

peaches 

(including 

0800 10 

-  Apricots: 

ex 0800 10 50 
ex 0800 10 10 

ex 0809 10 10 
0809 10 20 
0809 10 30 
0809 10 40 
ex 0809 10 50 
0809  20 
ex  0809  20  1  1 
ex  0809  20  19 

-  from  I September  to  30  April 

-  from  1 May  to 31  August 

Cherries: 

00 

15 

From  1 November  To  3 1 March 

100 

>& 

ex 0809 20 71 
ex 0809 20 79 
0809 30 

0809 40 10 
0809 40 20 
0809 40 30 
0809 40 40 

0809 40 10 
0809 40 20 
0809 40 30 
0809 40 40 

— Peaches, including nectarines: 
— from  1  December to 31 March 
— from  1  April to 30 November * 
— Plums 

100 
15 

— from  15 December to 31 March 

100 

-from  1  April to  14 December 

15 

0809 40 90 

Sloes 

0810 10 

ex 0810 10 05 
ex 0810 10 80 

Other fruit,  fresh: 

- Strawberries: 

~  from  1  August to 30 April: 

- from  1  November to end February 

100 

TQ  1  600 

* 

the exemption  applies  only to the ad  valorem  component  of customs  duties. 

2. 
If  imports  of  a  product  referred  to  in  paragraph  1  exceed  the  reference  quantity,  a 
decision  may  be  taken  in accordance  with  the  procedure  provided  for  in  Article  30 to  make  it 
subject  to  a  ceiling  equal  to  the  reference  quantity,  having  regard  to 
the  annual  balance  of 
trade  in the  product. 

If a ceiling  fixed  in accordance  with this  paragraph  is reached  during  the  course  of  a  year,  the 
Commission  may,  by  means  of  a  Regulation,  reintroduce  until  the  end  of  the  period  of 
validity  the customs  duties applicable to third  countries. 

The  customs  duties applicable  to the products  listed  below  shall  be  reduced  by  16%: 

Article  18 

CNGode 

Description 

0703 

Onions,  shallots,  garlic, 
vegetables, fresh  or chilled: 

leeks  and  other  alliaceous 

0703 10 

- Onions and shallots: 

0703  10 90 

-  Shallots 

0703 90 00 

-  Leeks and other alliaceous vegetables 

0704 

Cabbages, cauliflowers,  kohlrabi,  kale  and  similar  edible 
brassieas, fresh  or chilled: 

0704  10 

- Cauliflowers  and headed  broccoli 

i\ 

0704 20 00 

— Brussels sprouts 

0704 90 

— Other 

0704 90 10 

— White cabbages and red cabbages 

0704 90 90 

other cabbages 

0705 

Lettuce  (Lactuca  sativa)  and  chicory  (Cichorium  spp.), 
fresh  or chilled: 

ex 0705 11 

— Cabbage lettuce, not including Iceberg lettuce 

0705 19 00 

~  other lettuce 

— Chicory 

0705 21 00 

-- Witloof chicory  (Cichorium intybus var. Foliosum) 

0705 29 00 

—  other  chicory 

0706 

Carrots,  turnips,  salad  beetroot,  salsify,  celeriac,  radishes 
and similar edible roots, fresh  or chilled: 

ex 0706 10 00 

— Turnips 

0706 90 

— Other: 

— Celeriac (rooted celery or German celery): 

0706 90 05 

— from  1  January to 30 April 

0706 90 11 

— from  1  May to 30 September 

0706 90 17 

— from  1  October to 31 December 

0706 90 19 

— from  1  October to 30 April 

0707 00 

Cucumbers and gherkins, fresh  or chilled: 

— Cucumbers, not including small cucumbers:  * 

ex 0707 00 10 

—  from  I January to end  February 

ex 0707 00 15 

—  from  I March to 30 April 

ex 0707 00 20 

—  from  I May to  15 May 

ex 0707 00 35 

—  from  1  November to  10 November 

ex 0707 00 40 

—  from  11 November to 31 December 

0707 00 90 

— Gherkins 

0709 

Others vegetables, fresh  or chilled: 

—  Mushrooms and  truffles: 

0709 51 

—  Mushrooms: 

\i 

0709 51 10 

—  of the genus Agaricus 

0709 51 30 

— Chanterelles 

0709 51 50 

— Flap mushrooms 

0709 52 00 

— Truffles 

0709 70 00 

—  Spinach,  New  Zealand  spinach  and  orache  spinach 

(garden spinach) 

0709 90 

— other: 

0709 90 10 

—  Salad  vegetables,  other  than  lettuce  (Lactuca  saliva) 

and chicory (Cichorium spp.) 

0709 90 20 

— Chard (or white beet) and cardoons 

0709 90 40 

— Capers 

0709 90 50 

—  Fennel 

0802 

Other  nuts,  fresh  or  dried,  whether  or  not  shelled  or 
peeled: 

— Almonds 

0802 11 

-- in shell: 

0802 11 90 

— other 

0802 12 

— shelled: 

0802 12 90 

— other 

— Hazelnuts or filberts  (Corylus spp.): 

0802 2100 

-- in shell 

0802 22 00 

— shelled 

0802 40 00 

— Chestnuts (Castanea spp.) 

0808 

Apples, pears and quinces,  fresh: 

0808 20 

—  Pears and quinces: 

0808 20 90 

— Quinces 

0810 

Other fresh  fruit: 

0810 20 10 

—  Raspberries 

0810 20 90 

—  Blackberries, mulberries and  loganberries 

081030 

—  Black-, white- or redcurrants and gooseberries: 

0810 30 10 

—  Blackcurrants 

19 

0810 30 30 

~ Redcurrants and whitecurrants 

08103090 

~ Gooseberries 

the reduction applies only to the ad valorem component of customs duties. 

TITLE XIII 

Sugar 

Article 19 

The  customs  duties  applicable  to  imports  of  molasses  falling  within  CN  code  1703 

1. 
shall be reduced to zero within the limits of a quota of 600 000 tonnes per marketing year. 

2. 
The  customs  duties  applicable  to  imports  of  products  falling  within  CN  codes 
1212 9120,  1212 9180,  1212 92 00,  1702 20  10,  1702 20 90,  1702 30  10,  1702 40 10, 
1702 60  10,  1702 60 90,  1702 90 30,  1702 90 60,  1702 90 71,  1702 90 80,  1702 90 99, 
2106 90 30 and 2106 90 59 shall be reduced by  16%. 

However,  this  reduction  shall  not  be  applied  when  the  Community,  in  accordance  with  its 
Uruguay  Round commitments, applies additional duties. 

TITLE IV 

Products processed  from  fruit  and vegetables 

Article 20 

The products listed in Article  1  of Council Regulation (EC) No 2201 /96 of 28 October 

1. 
1996  on  the  common  organisation  of  the  market  in  products  processed  from  fruit  and 
vegetables12  as  last  amended  by  Regulation  (EC)  No  1491/9713  shall  be  imported  free  o\' 
customs duties. 

2. 
Moreover,  the  specific  components  of  customs  duties  shall  not  be  applicable  for 
products  falling  within  the  following  CN  codes:  2007  10 10,  2007 99 20,  2007 99 31, 
2007 99 33,  2007 99 35,  2007 99 39,  2007 99 51,  2007 99 55,  2007 99 58,  ex 2008 20, 
ex 2008 30,  ex 2008 40,  ex 2008 80,  ex 2008 92,  ex 2008 99,  2009 2011,  2009 20 91, 
ex 2009 40, ex 2009 80 and ex 2009 90. 

TITLE  XV 

Wine 

Article 21 

The products listed below shall be imported free of customs duties: 

1:  OJl.  297,21.11.1996, p. L 

n 

(XI L202, 30.7.1997, p. 27. 

& 

CN Code 

Description 

2009 60 

• Grape juice (including grape must): 

2204 30 

Other grape must: 

— other 

— Of a density  of  1,33  g/cm3  or  less  at 20°C  and  of an 
actual  alcoholic  strength  by volume  not exceeding  1  % 
vol : 

2204 30 92 

— concentrated 

2204 30 94 

— other 

—other 

2204 30 96 

— concentrated 

2204 30 98 

— other 

TITLE XVI 

Raw tobacco 

Article  22 

The products listed  in Article  1 of Council  Regulation (EEC) No  2075/92  of  30 June  1992 on 
the common  organisation  of the market in raw tobacco14, as last amended  by Regulation  (EC) 
No 2444/9615,  shall  be imported free of customs duties. 

Article 23 

If  serious disturbances  occur  as  a result  of  a  large  increase  in  duty-free  imports  of  products 
falling  within  CN  code  2401,  originating  in  the  ACP  States,  or  if  these  imports  create 
difficulties  which  bring  about  a  deterioration  in  the  economic  situation  of  a  region  of  the 
European  Union,  the  Council  may,  without  prejudice  to  Article  32, and  acting  by  a  qualified 
majority  on  a  proposal  from  the  Commission,  take  measures  to counteract  any  deflection  of 
trade. 

14  OJL  215, 30.7.1992, p. 70. 

15  OJ  1.333,21.12.1996, p. 4. 

a. 

TITLE  XVII 

Prepared  or preserved  potatoes 

Article  24 

The customs  duties  applicable  to  imports  of prepared  or preserved  potatoes, not  frozen,  other 
than  in the  form  of  flour,  meal  or  flakes,  falling  within  CN  codes  2005 20 20  and  2005  20  80 
shall  be reduced  by  16%. 

TITLE  XVIII 

Certain  goods resulting  from  the processing  of agricultural  products 

Article  25 

The  products  listed  in  Table  1 of  Annex  B  to  Regulation  (EEC)  No  3448/93  shall  be 

1. 
imported  free  of the ad  valorem  component  of customs  duties. 

Moreover,  for  the  following  products  the  agricultural  component  or  the  specific  rate 

2. 
of customs  duties shall  be  suspended: 

1702 50 00 

1704 90 30 

1806 20 

Chemically  pure  fructose 

While  chocolate 

Chocolate  and  other  food  preparations  containing 
cocoa: 

- Preparations  in blocks, slabs or bars weighing  more 
than  2  kg  or  in  liquid,  paste,  powder,  granular  or 
other  bulk 
immediate 
packings,  of  a  content  exceeding  2  kg  (except 
products falling  within code  1806 20 70) 

in  containers  or 

form 

1806 31 00 

- Other, in blocks, slabs or bars 

1806 32 

filled 

or not  filled 

1806 90  11 

1806 90  19 

1806 90 31 

1806 90 39 

1806 90 50 

ex  1901 

-  Other  chocolate  and  chocolate  products,  sugar 
confectionery  and  substitutes  therefor  made  from 
sugar substitution  products, containing  cocoa 

Food  preparations  of  flour,  meal,  starch  or  malt 
extract,  not  containing  cocoa  or  containing  less  than 
40  %  by  weight  of  cocoa  calculated  on  a  totally 
defatted  basis,  not  elsewhere  specified  or  included; 
food  preparations  of  goods  of  heading  Nos  0401  to 
0404,  not  containing  cocoa  or  containing  less  than  5 
%  by weight  of cocoa  calculated  on a totally  defatted 

Jb, 

1903 00 00 

1905 

basis, not elsewhere specified  or included: 

-  Whether  or  not  containing  less  than  1,5  %  by 
weight of milk fat, with a starch or flour content of 
50 % or over but of less than 75 % by weight. 

Tapioca  and  substitutes  therefor  prepared  from 
starch,  in the  form  of  flakes,  grains,  pearls,  sittings 
or similar forms. 

Bread,  pastry,  cakes,  biscuits  and  other  bakers' 
wares, whether or not containing cocoa; communion 
wafers,  empty  cachets  of  a  kind  suitable  for 
pharmaceutical  use,  sealing  wafers,  rice  paper  and 
similar products. 

ex  1905 30 

Sweet biscuits, waffles  and wafers: 

- Biscuits 

ex 1905 40 

- Rusks, toasted  bread  and  similar  toasted  products, 

ex 1905 90 

2008 99 85 

excluding ship's biscuit. 

-Other: 

- Biscuits 

Maize  (corn),  otherwise  prepared  or  preserved, 
without  the addition  of sugar  or alcohol, other  than 
sweetcorn (Zea mays var. saccharata). 

2101 12 98 

Preparations with a basis of coffee. 

TITLE XIX 

Other markets subject to common organisation 

Article 26 

The  products  referred  to  in  the  following  Regulations  shall  be  admitted  free  of  customs 
duties: 

Council  Regulation  (EEC)  No  234/68  of  27  February  1968  on  the  establishment  of  a 
common organisation  of the market  in live trees and other plants, bulbs, roots and the like, 
cut flowers and ornamental  foliage16, as last amended by Regulation (EC) No 3290/9417, 

'"  OJ  l.  55.2.3.1968.  p.  I. 

17  OJ  1,349,  31.12.1994,  p.  105. 

Q  j> 

-  Council Regulation (EEC) No 827/68 of 28 June  1968 on the common organisation of the 
market  in  certain  products  listed  in  Annex  II  to  the  Treaty18,  as  last  amended  by 
Regulation (EC) No 3290/9419, 

-  Council  Regulation  (EEC) No  1308/70  of  29 June  1970 on  the  common  organisation  of 

the market in flax and hemp20, as last amended by Regulation (EC) No 3290/9421, 

-  Council Regulation (EEC) No  1696/71 of 26 July  1971 on the common organisation of the 

market in hops22, as last amended by Regulation (EC) No 3290/9423, 

-  Council Regulation (EEC) No 2358/71 of 26 October  1971 on the common organisation of 

the market in seeds24, as last amended by Regulation (EC) No 3290/9425, 

-  Council  Regulation  (EC) No 603/95 of 21 February  1995 on the common  organisation  of 

the market in dried fodder26,  as last amended by Regulation (EC) No  1347/9527. 

TITLE  XX 

Provisions relating to the French overseas departments 

Article 27 

1. 
Subject  to paragraphs  3, 4 and  5, customs  duties  shall  not  be applied  to  imports  into 
the French overseas departments of the products listed below originating  in the ACP States or 
in the overseas countries and territories: 

CN Code 

Description 

0102 

0102 90 

Live  bovine  animals,  domestic  species,  other  than  pure-bred  breeding 
animals: 

18  OJL  151,30.6.1968,  p.  16. 

10  OJL  349,  31.12.1994,  p.  I O.S. 

20  O JL  146, 4.7.1970, p.  I. 

21  OJL  349, 31.12.1994,  p.  105. 

22  OJ L  175,4.8.1971, p.  I. 

2i  OJ L 349, 31.12.1994, p.  105. 

24  O JL  246, 5.11.1971, p.  I. 

-•s  OJ L 349, 31.12.1994, p.  105. 

^  OJL  63. 21.3.1995, p.  I. 

27  O JL  131,  15.6.1995, p.  I. 

<£</ 

CN Code 

Description 

0102 90 05 

0102 90 21 
0102 90 29 
0102 90 41 
0102 90 49 
0102 90 51 
0102 90 59 
0102 90 61 
0102 90 69 
01029071 
0102 90 79 

0201 

0202 

0206  10 95 
0206 29 91 

Meal of bovine animals,  fresh,  chilled  or  fro/en 

0709 90  60 

Sweetcorn 

0712  90  19 

1005  10 90 

1005 90  00 

0714  10 91 

Manioc  (cassava)  including  yams: 

0714 90  11 

2. 
Subject  to  paragraph  4,  customs  duty  shall  not  be  applied  to  direct  imports  into  the 
overseas  department  of  Réunion  of  rice  falling  within  CN  code  1006,  excluding  rice  for 
sowing  falling  within  CN  code  1006  10  10. 

3. 
If  imports  into  the  French  overseas  departments  of  maize  originating  in  the  ACP 
States  or  in  the  countries  and  territories  have  exceeded  25  000  tonnes  in  a  year  and  arc 
causing  or are  likely  to cause  serious disturbances  on those markets, the  Commission  shall,  at 
the request  of a  Member  State or on  its own  initiative, take the necessary  measures. 

Any  Member  State  may,  within  three  working  days  of  notification  of  the  measure  taken  by 
the  Commission,  refer  that  measure  to  the  Council.  The  Council,  acting  by  a  qualified 
majority,  may  lake  a different  decision  within  one  month. 

4. 
This  Article  shall  apply  to  products  which  are  intended  for  use  in  the  overseas 
departments  and  are  released  on  the  market  there.  If  necessary,  measures  to  ensure  this  may 
be taken  in accordance  with  the procedure  laid down  in Article 30. 

«*s~ 

The  exemption  from  customs  duty  for  products  falling  within  CN  codes  0714  10 91 

5. 
and  0714 90  11 shall  apply  within the limits of an annual  quota of 2 000 tonnes. 

6. 
Within  the  limits  of  an  annual  quantity  of  8 000  tonnes,  the  customs  duty  fixed 
pursuant  to  Article  10(1)  of  Regulation  (EEC)  No  1766/92  shall  not  be  applied  to  imports 
into Réunion of wheat  bran falling  within CN code 2302  30, originating  in the ACP  States. 

TITLE  XXI 

General  and  final  provisions 

Article  28 

The  reductions  provided  for  by  this Regulation  shall  be  calculated  on  the  basis  of the  rates  of 
customs  duties  in the  Common  Customs  Tariff. 

Article  29 

In  so  far  as the  import  arrangements  set  out  in this  Regulation  provide  for  quantitative  limits, 
imports  of  the  products  concerned  which  originate  in  the  countries  and  territories  will  be 
counted  against  these  quantities.  The  using-up  of  these  quantities  will  not  however  prevent 
placing  in  free  circulation  the  products  in  question  originating  in  the  ACP  States  within  the 
limits  of the global  quantities  set out in this  Regulation. 

Article  30 

1. 
If  necessary,  detailed  rules  for  the  application  of  this  Regulation  shall  be  adopted  in 
accordance  with  the  procedure  laid  down  in Article  23 of  Regulation  (EEC)  No  1766/92 or  in 
the  corresponding  Articles  of  the  other  Regulations  on  the  common  organisation  oi' 
agricultural  markets, as the case may  be. 

2. 

In the case of meat  and  rice, these detailed  rules  shall relate  in particular to: 

(a) 

(b) 

(c) 

the  basis  for  calculation  and  the  reference  period  to  be  used  for  fixing  the 
amount  by  which  import  duties are to be  reduced; 

the  arrangements  for  fixing  the  corresponding  amount  to  be  collected  by  the 
exporting  country; 

the 
issue  of 
arrangements; 

import 

licences  and/or  the 

introduction  of  import 

licence 

(d) 

the  forms  of proof acceptable  and  checking  procedures. 

Without  prejudice  to  the  lust  and  second  paragraphs,  provisions  for  the application  of 
3. 
the  tariff  quotas,  tariff  ceilings  and  reference  quantities  provided  for  in  Article  17,  and 
amendments  and  technical  adaptations  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  the  ACP  Stales,  shall  be  adopted  by  the 
Commission,  assisted  by  the Customs  Code  Committee,  in accordance  with  the  procedure  set 
out  in paragraph  4 of this  Article. 

The  representative  of  the  Commission  shall  submit  to  the  Committee  a  draft  of  the 
4. 
measures  to  be  taken.  The Committee  shall  deliver  its opinion  on  the draft  within  a time  limit 
which  the  chairman  may  lay  down  according  to  the  urgency  of  the  matter.  The opinion  shall 
be delivered  by  the  majority  laid  down  in  Article  148(2) of  the Treaty  in  the case of  decisions 

which  the  Council  is  required  to  adopt  on  a  proposal  from  the  Commission.  The  votes  of  the  M 

representatives  of the Member  States within the Committee  shall be weighted  in the manner 
set out in that Article. The chairman shall not vote. 

The  Commission  shall  adopt  measures  which  shall  apply  immediately.  However,  if  these 
measures  are  not  in  accordance  with  the  opinion  of  the  Committee,  they  shall  be 
communicated by the Commission to the Council forthwith. In that event: 

- 

- 

the Commission may defer application of the measures which it has decided for a period of 
not more than one month from the date of such communication; 

the Council, acting by a qualified  majority,  may take a different  decision within the period 
referred  to in the first indent. 

The Committee may examine any question concerning the application  of tariff  quotas, 
5. 
tariff  ceilings  and  reference  quantities,  which  is raised  by  its chairman  either  at  the  latter's 
initiative or at the request of a Member State. 

6. 
As  soon  as  a  tariff  ceiling  is  reached,  the  Commission  may  adopt  a  regulation  re 
establishing,  until  the  end  of  the  calendar  year,  the  customs  duties  applicable  to  third 
countries in respect of imports of the products concerned. 

Article 31 

In the  light  of the  economic  development  requirements of  the  French  overseas  departments, 
the  Council,  acting  in accordance  with  the  procedure  laid  down  in  Article  43  of  the  Treaty, 
may  alter  the arrangements  governing  access to those departments4  markets  for  the  products 
covered  by this Regulation. 

Article 32 

1. 
The safeguard  clauses provided  for in the Regulations on the common organisation  of 
agricultural markets and in the specific  rules introduced under the common agricultural  policy 
shall be applicable  to the products covered by this Regulation. 

2. 
As  regards  relations  with  the  ACP  States,  the  provisions  of  Regulation  (EEC)  No 
[3075/9028]  shall  apply  as  complementary  measures  to  the  safeguard  clauses  pursuant  to 
Chapter  1  of the third part of the Convention until 29 February 2000. 

Regulation (EEC) No 715/90 is hereby  repealed. 

Article 33 

Article 34 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 
Journal of the European ( 'ommunities. 

It shall apply  from  1  January  1996. 

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

28  OJ L 358, 21.12.1990, p. 4. 

Done at Brussels, 

, 

For the Council 

The President 

Jf 

LIST OF THE ACP STATES REFERRED TO IN ARTICLE 1 

ANNEX I 

Angola 

Antigua and Barbuda 

Bahamas 

Barbados 

Belize 

Benin 

Botswana 

Burkina Faso 

Burundi 

Cameroon 

('ape Verde 

Central African  Republic 

Comoros 

Congo 

Chad 

Côte-d'Ivoire 

Democratic Republic of Congo 

Djibouti 

Dominica 

Dominican Republic 

Equatorial Guinea 

Eritrea 

Ethiopia 

Fiji 

Gabon 

Gambia 

Ghana 

Grenada 

Guinea 

Guinea Bissau 

Guyana 

Haiti 

Jamaica 

Kenya 

Kiribati 

Lesotho 

Liberia 

Madagascar 

Malawi 

Mali 

Mauritania 

Mauritius 

Mozambique 

Namibia 

Niger 

Nigeria 

Papua New Guinea 

Rwanda 

Sào Tome and Principe 

Senegal 

Seychelles 

Sierra Leone 

Solomon Islands 

Somalia 

Saint Kitts and Nevis 

Saint Lucia 

Saint Vincent and the Grenadines 

Sudan 

Suriname 

Swaziland 

Tanzania 

Togo 

Tonga 

Trinidad and Tobago 

Tuvalu 

Uganda 

Vanuatu 

Western Samoa 

Zambia 

Zimbabwe 

J$ 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  Chapter  10 - agricultural  duties 

APPROPRIATIONS:  ECU  873  million 

Headings  Bl-1000  and  Bl-1001  (ECU  65 million  and  ECU  192.4 million),  B l-
2001  and  Bl-2002  (ECU  162.3  million  and  ECU  456.7  million),  Bl-210 
(ECU  1 601  million)  and  B1-230 (ECU  134.9  million) 

TITLE:  Proposal  for  a Council  Regulation  on  the  arrangements  applicable  to  agricultural  products  and  goods  resulting  from 
the  processing  of  agricultural  products  originating  in the African  Caribbean  and  Pacific  States  (ACP  States) 

LEGAL  BASIS: Article  113 of  the  Treaty 

AIMS  OF  PROJECT:  To  amend  the  provisions  of  the  Fourth  ACP-EC  Convention  following  a mid-term  review 

FINANCIAL  IMPLICATIONS 

PERIOD  OF  12 
MONTHS 

CURRENT 
FINANCIAL  YEAR 

FOLLOWING 
FINANCIAL  YEAR 

5.0. 

EXPENDITURE 

2.7 

Token  entrv 

2.7 

(97) 

(98) 

million  ecu 

million  ecu 

million  ecu 

-  CHARGED  TO  THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 

-  NATIONAL  ADMINISTRATION 

-OTHER 

5.1. 

REVENUE 

-  OWN  RESOURCES  OF THE  EC 

(LEVIES/CUSTOMS  DUTIES) 

-NATIONAL 

5.0.1. 

ESTIMATED  EXPENDITURE 

5.1.1. 

ESTIMATED  REVENUE 

1998 

2.7 

-10 

1999 

2.7 

-10 

2000 

2.7 

-10 

METHOD  OF  CALCULATION: 

The  additional  cost  for  the  EAGGF-Guarantee  section  as  a  result  of  additional  exports  owing  to  the  increase  in  imports  .•.'. 
reduced  rales  of  duty  has  been  calculated  by  multiplying  the  quantities  per  product  by  the  assumed  corresponding  rotund 
used  lor  the  1998  PDB  (see  Annex) 

CAN  THE  PROJECT  BE  FINANCED  FROM  APPROPRIATIONS  ENTERED  IN  THE  RELEVANT 
CI IAITER  OF  Tl IE CURRENT  BUDGET? 

CAN  TUT;  PROJECT  BE  FINANCED  BY  TRANSFER  BETWEEN  CHAPTERS  OF  THE  CURREN 
BUDGET? 

IS  A  SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

5.2. 

6.0. 

6.2. 

6.3. 

OBSERVATIONS: 

YES/NO 

YES/NO 

Y-fcS/NO 

YES/NO 

I O 

LOME CONVENTION 
NEW CONCESSIONS GRANTED FROM 1/1/1996 

NOTier.oiat'jre coce 

Description 

c i - t •:  es irrpcrted 

m 'ernes 

cc~ext  1594 

Previous 

quota 

New 

quota 

conventional duty 

P-S.-.0US  d-ty 

New  reduction 

Previous  reduction 

new 

% or ecu/tonne 

V:  c-  e c u ' t s r - ie 

basic duty 

basic duty 

duty (Ecu/t) 

Value if ad 

valorem 

Gain* (+) or losses (-) 

to own resources 

020220 

'5:23211 

: ^ :2 

0406 

3202 

'60190 

: " ' 4 s o ii 

:~'490'9 

0~'-1O99 

; " - 4 ' j 'c 

"022010 

11341290 

'1041950 

"041959 

" 0 4 30 

'1C22090 

"  023000 

'"029090 

11*31990 

"032S50 

'"0429 

"031990 
•~::9ci,9 

030230 

0^:~0330 

Meat of bovine a r va s 

52 130.00 

52 000.00 

52.100 00 

poultrymeat 

preserved meat 

milk and cream 

cheese and curd 

pigmeat 

sausages 

cereals 

wheat flour 

cereal flours 

paddy  rice 

husked nee 

semi-milled rice 

broken rice 

narioc  (cassava) 

sweet potatoes 

arrowroot 

other roots 

flour of arrowroot 

starch of arrowroot 

dog or cat food 

other roots 

pellets of manioc 

starch of manioc 

maize (corn) flour 

oat flakes 

maize (corn) flakes 

flakes of other cereals 

germ of cereals 

other maize (corn) flou 

nce flour 

other flour 

meal of other cereals 

pellets of other cereas 

grains of other cerea's 

other starches 

other sugars and mc'asses 

bran of wheat 

birds' eggs 

food preparations  basec  z—92' 

cucumbers and gherkrs 

mushrooms 

walnuts 

shelled walnuts 

pineapples 

avocados 

guavas, mangoes and ^-a-ges'e*-

grapefruit 

mixtures of dried fruits 

I 

1 

! 

I 

I 

400 00 

500.00 

1.000.00 

1.000,00 

500.00 

500,00 

15.000.00 

1.00 

106.00 

1.417.00 

57.280.00 

6676.00 

16.980,00 

598.00 

234,00 

6.390,00 

469.00 

495,00 

250.00 

82,00 

12,00 

17.756,00 

35,00 

28.00 

1.00 

1.00 

1,00 

5.00 

14.00 

19.00 

52.00 

34.00 

5 00 

1  00 

20.00 

250.00 

44.00 

2 259.00 

51.00 

1000 

4X 

700 

30  00 

330 

' 4-  "20 00 

"  -25 00 
9  79 3X 
-e  053  00 

24  00 

0,00 

0,00 

0.00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0 00 

000 

0,00 

0,00 

0 00 

0 00 

0 00 

0,00 

0 00 

0.00 

0,00 

0 00 

000 

400.00 

500.00 

1.000.00 

1000.00 

500.00 

500.00 

15.000.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0,00 

0.00 

0,00 

0.00 

0.00 

0.00 

0,00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0,00 

000 

0.00 

0.00 

0.00 

000 

0.00 

0.00 

0.00 

0 00 

0.00 

000 

0  00 

0 00 

0 00 

oco 

0 00 

0 00 

0  00 

000 

030 

80 00% 

283  30 

335. CO 
1 moo 
1.411.00 

2.373.00 

687.00 

1.914.00 

189.50 

220.00 

215.50 

92  00% 

65.00% 

65.00% 

65.00% 

65.00% 

50,00% 

65.00% 

50,00% 

16.00% 

16.00% 

131.65 

65 % and 4.34 

6 5%  and 4,34 
4.5.78+65%and6.5: 
I 
65 % and 3.62 

283 30 

335 00 

1.111.00 

1.411.00 

2.373.00 

687.00 

1.914.00 

189.50 

220.00 

215.50 

270.50 

336  50 

533.00 

164.00 

122.00 

82,00 

122.00 

122.00 

121  50 

213.00 

O.CO 

0 00 

122.00 

122  CO 

213.00 

222.00 

233 50 

222,00 

222 00 

97  X 

125  X 

175 50 

125 50 

125  50 

125  50 

155 00 

212  X 

246  X 

56  X 

39C.X 

155.65 

261.10 

79.00 

122.00 

82.0C 

122.00 

122.00 

121.50 

213.00 

0.00 

0.00 

122.00 

122.00 

213.0C 

222 00 

233.50 

222.00 

222  00 

37 CO 

-25 00 

175  50 
'2 c,  50 

, 2 :.  ^w 

"25 50 

155  00 

213  CC 

246 00 

56 00 

390  00 

100.00% 

100.00% 

100,00% 

100,00% 

100.00% 

100.00% 

100.00% 

100.00% 

6.19 

838 

50.00% 

7.30 

7.30 

7.30 

7.30 

7.30 

350 

3 50 

3 50 

360 

3 50 

3.50 

24.80 

51.00 

720 

15.00% 

"5 00% 

' 30 03% 

100 00V: 

100 00% 

100 00% 

2.009 OC 

2  009  OC 

0 CC% 

C ». 

0.00% 

c  oc -•/-. 

0 00% 
0  CC:4 
0 cc% 

••  '4  40 V; 

" 

fj% 

4 00'.". 

3  00 V; 
- ;;% 
7  20% 

22,66 

117,60 

388,85 

493,85 

830,55 

343,50 

669,90 

94,75 

184,80 

181,02 

90,34 

114,14 

163,25 

53,78 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

115,81 

113,62 

106,50 

214,70 

226,20 

214,70 

214,70 

89,70 

121,40 

172,90 

121,90 

121,90 

121,90 

161,40 

188,20 

165,00 

48,80 

327,60 

1.687,56 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

0,00 

1.250  X 

1.780.53 

233.33 

2.666.67 

539 22 

1.117.78 

1.424  78 

468.12 

6 708  33 

-1765.525,60 

47.040,00 

194.425,00 

493.850,00 

830.550,00 

171.750,00 

334.950,00 

1.421.250,00 

-35,20 

-3.654,88 

-58.543,36 

-2.950.779,20 

•653.246,60 

-428.235,60 

-72.956,00 

-19.188,00 

-779.580,00 

-57.218,00 

-60.142,50 

-53.250,00 

0,00 

0,00 

-109.909,64 

-293,30 

-2.982,00 

-7,30 

-7,30 

-7,30 

-36,50 

-102,20 

-58,40 

-187,20 

-122,40 

-18,00 

-3,60 

-72,00 

-6.200,00 

-3.564,00 

-16.264,80 

-3.182,40 

-3.214,40 

-765,00 

-1.794,77 

-420,00 

-528,00 

-5 631 400,00 

-345.440,00 

-418.800,00 

-126.765,00 

-11592,00 

—— 

Total i ic-t own resources 

' 

'— 

-10.092.287,45 

h-port flows for other nomencla'.u-e codes crc.  c e;  *c-  •  :-.s  Regu'a: ;-  cjt  not included in this table are insignificant, and oo net na.e  rr.eas.-st'.e financial conseqjences. 

Refunds for counterpart  exports  of Community  products 

Nomenclature code 

a e s " =:  — 

a j a n t i t i es  exported 

Refunds 

Total 

•n tonnes  (additnl) 

per  tonne 

0402 

0*,06 

1001 etseq. 

020230 

1601 

1602 

0207 

0203 

Total  net  refunds 

miik  a iq  c r e a~  c : - c e - : - a t ea 

cheese  and  curc 

cerea's 

Meat  of  b c v i ra  a-  ~ a is 

sausages 

preserved  COL. :% ~ e at 

pouttryrr.ea'. 

cigmeat 

1.000,00 

1.000,00 

790,00 

7S0.000.00 

860,00 

860.000.00 

15.000,00 

35,75 

536  2 50  00 

100,00 

500,00 

500,00 

400,00 

500,00 

1.323,00 

132.300  00 

270,00 

135.000.00 

0,00 

0.00 

225,00 

SO.OOC.OO 

300,00 

1 5 0 X O . OC 

2.693.550,00 

Annual total charged to the Community  budget 

12.785.837,45 

ISSN 0254-1475 

COM(98)  11 final 

DOCUMENTS 

EN 

03  10  H 

Catalogue number  :  CH-CO-984)07-KN-C 

ISBN  92-78-30070-5 

Office  for Official  Publications of the lùiropean  Communities 

L-2985  Luxembourg