Commission Regulation (EC) No 1980/98 of 17 September 1998 opening and providing for the administration of Community tariff quotas and tariff ceilings and establishing a Community surveillance in the framework of reference quantities for certain agricultural products originating in the African, Caribbean and Pacific (ACP) States
Date: 1998-09-17
Institutions: European Commission
Subjects: ACP countries, agricultural product, free circulation, originating product, tariff ceiling, tariff quota

18. 9. 98

EN

Official Journal of the European Communities

L 256/3

COMMISSION REGULATION (EC) No 1980/98

of 17 September 1998

opening and providing for the administration of Community tariff quotas and
tariff ceilings and establishing a Community surveillance in the framework of
reference quantities for certain agricultural products originating in the African,
Caribbean and Pacific (ACP) States

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1706/98 of
20 July 1998 on the arrangements applicable to agricul-
tural products and goods resulting from the processing of
agricultural products originating in the African, Carib-
bean and Pacific States (ACP States) and repealing Regula-
tion (EEC) No 715/90 (1), and in particular Article 30
thereof,

Whereas the fourth ACP-EC Convention (2), hereinafter
referred to as ‘the Convention', provides for customs
duties on imports into the Community of certain prod-
ucts originating in the ACP States to be waived or
reduced within the framework of tariff quotas, tariff ceil-
ings or reference quantities; whereas the tariff quotas,
tariff ceilings or reference quantities provided for in the
Convention are to be opened annually until the Conven-
tion expires;

falls to the Commission to adopt

Whereas it
imple-
menting measures relating to the opening and adminis-
tration of Community tariff quotas, tariff ceilings and
reference quantities;

Whereas Commission Regulation (EEC) No 2454/93 of 2
July 1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (3), as last amended by Regu-
lation (EC) No 1677/98 (4), has consolidated the provi-
sions for the management of tariff quotas to be used
according to the chronological order of dates of ac-
ceptance of declarations for release for free circulation
and the provisions governing the surveillance of preferen-
tial imports;

Whereas it was agreed at the negotiations for the mid-
term revision of the Lomé Convention that changes to
the arrangements should take effect from 1 January 1996;
whereas provision should therefore be made for
the
application of this Regulation and the repeal of Commis-
sion Regulations (EC) No 1280/94 (5), as amended by

Regulation (EC) No 896/95 (6), (EC) No 2763/94 (7), as last
amended by Regulation (EC) No 2411/96 (8), and (EC) No
2942/95 (9), as amended by Regulation (EC) No 982/
96 (10), to take effect from that date;

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

HAS ADOPTED THIS REGULATION:

Article 1

1. Customs duties on products listed in Annex A
originating in the ACP States, released for free circulation
in the Community and accompanied by proof of origin in
accordance with the Origin Protocol to the Convention
may be waived or reduced within the limits of the tariff
quotas specified in that Annex.

2.
The tariff quotas referred to in this Article shall be
managed by the Commission in accordance with Article
308a to 308c of Regulation (EEC) No 2454/93.

3.
Each Member State shall ensure that importers of the
products in question have equal and continuous access to
the quotas for as long as the balance of the relevant quota
volume so permits.

Article 2

released for

1. Duties on products listed in Annex B originating in
the ACP States,
free circulation in the
Community and accompanied by proof of origin in
accordance with the Origin Protocol to the Convention
may be waived within the limits of the tariff ceiling
specified in that Annex.

The tariff ceiling referred to in this Article shall be
2.
subject to Community surveillance by the Commission,
in close cooperation with the Member States, in accord-
ance with Article 308d of Regulation (EEC) No 2454/93.

(1) OJ L 215, 1. 8. 1998, p. 12.
(2) OJ L 229, 17. 8. 1991, p. 3.
(3) OJ L 253, 11. 10. 1993, p. 1.
(4) OJ L 212, 30. 7. 1998, p. 18.
(5) OJ L 140, 3. 6. 1994, p. 10.

(6) OJ L 92, 25. 4. 1995, p. 12.
(7) OJ L 294, 15. 11. 1994, p. 6.
(8) OJ L 329, 19. 12. 1996, p. 8.
(9) OJ L 308, 21. 12. 1995, p. 9.
(10) OJ L 131, 1. 6. 1996, p. 43.

L 256/4

EN

Official Journal of the European Communities

18. 9. 98

Article 3

Article 4

released for

1. Duties on products listed in Annex C originating in
free circulation in the
the ACP States,
Community and accompanied by proof of origin in
accordance with the Origin Protocol to the Convention
may be waived within the limits of the reference quant-
ities specified in that Annex, such products being subject
to Community surveillance.

The Commission, in close cooperation with the Member
States, shall take whatever steps are necessary for the
application of this Regulation.

Article 5

Regulations (EC) No 1280/94, (EC) No 2763/94 and (EC)
No 2942/95 are hereby repealed.

Article 6

2.
The take up of reference quantities shall be recorded
at Community level using data sent to the Commission
by the Member States in accordance with Article 308d of
Regulation (EEC) No 2454/93.

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

It shall apply with effect from 1 January 1996.

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

Done at Brussels, 17 September 1998.

For the Commission
Mario MONTI

Member of the Commission

18. 9. 98

EN

Official Journal of the European Communities

L 256/5

ANNEX A

concerning products referred to in Article 1

Nothwithstanding 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
sheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at
the time of adoption of the current Regulation. Where ex CN codes are indicated, the preferential scheme is
to be determined by application of the CN code and corresponding description taken together.

Order No

CN code

Taric
sub-
heading (1)

Description

Quota volume
per year
or indicated period
(in tonnes)

Quota duty
(% reduc-
tion)

2 000

100 (*)

fresh or
tomatoes,
Cherry
chilled, from 15 November to
30 April

09.1613

ex 0702 00 00

09.1601

ex 0702 00 00

09.1615

ex 0806 10 10

01
02
03
04
05
06
15
16
17
18
19
20
60
61
62
63
64
65
80
81
82
83
84
85

08
09
10
11
12
13
22
23
24
25
26
27
68
69
70
71
72
73
88
89
90
91
92
93

15

Tomatoes, other than cherry
fresh or chilled,
tomatoes,
to 30
from 15 November
April

2 000

60 (*)

Table grapes, seedless, fresh,
from 1 to 31 January

400

100

L 256/6

EN

Official Journal of the European Communities

18. 9. 98

Order No

CN code

Taric
sub-
heading (1)

Description

09.1616

ex 0806 10 10

85

Table grapes, seedless, fresh,
from 1 to 31 December

09.1610

09.1612

0808 10

0808 20 10
0808 20 50

09.1603

ex 0810 10 05

Apples, fresh

Pears, fresh

Strawberries,
January to end February

fresh,

from 1

ex 0810 10 80

Strawberries,
from 1
November to 31 December

fresh,

(*) The reduction applies only to ad valorem rates of customs duties.
(1) The TARIC codes are only valid from 1 January to 31 December 1998.

Quota volume
per year
or indicated period
(in tonnes)

Quota duty
(% reduc-
tion)

400

1 000

2 000

1 600

100

50 (*)

65 (*)

100

18. 9. 98

EN

Official Journal of the European Communities

L 256/7

ANNEX B

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 this Annex, by the coverage of the CN codes as they exist at
the time of adoption of the current Regulation. Where ex CN codes are indicated, the preferential scheme is
to be determined by application of the CN code and corresponding description taken together.

Order No

CN code

Taric
sub-
heading (1)

Description

Reference quantity
per indicated period
(in tonnes)

26.0010

ex 0804 20 10

Figs, fresh, from 1 November to 30 April

200

(1) The TARIC codes are only valid from 1 January to 31 December 1998.

ANNEX C

concerning products referred to in Article 3

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the
description of the products is to be considered as having no more than an indicative value, the preferential
scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at
the time of adoption of the current Regulation. Where ex CN codes are indicated, the preferential scheme is
to be determined by application of the CN code and corresponding description taken together.

Order No

CN code

Taric
sub-
heading (1)

Description

Reference quantity
per indicated period
(in tonnes)

12.0105

12.0115

ex 0805 10 10
ex 0805 10 30
ex 0805 10 50
ex 0805 10 84

ex 0805 20 10
ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90

Oranges, fresh or dried, from 15 May to
30 September

25 000

(including
tangerines
clementines, wilkings

Mandarins
and
and
satsumas);
similar citrus hybrids, fresh or dried, from
15 May to 30 September

4 000

12.0120

ex 0806 10 10

20

Table grapes,
February to 31 March

seedless,

fresh,

from 1

100

(1) The TARIC codes are only valid from 1 January to 31 December 1998.