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
Date: 1999-12-17
Institutions: Council of the European Union
Subjects: South Africa, cooperation agreement, ferrous metal, floriculture, fruit, fruit juice, preferential agreement, sparkling wine, tariff preference

30. 12. 1999

EN

Official Journal of the European Communities

L 337/29

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,

their volumes and duties; the most suitable method for
managing the tariff quota for products of CN code
ex 0406 is based on import licences and should be
carried out by the Commission; the other tariff quotas
should be managed, as a rule, on a first-come first-served
basis in accordance with Articles 308a to 308c of Regu-
lation (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 (2);

The Council has concluded a Trade, Development and
Cooperation Agreement
European
Community and the Republic of South Africa, herein-
after referred to as ‘the Agreement’, and decided by
the Agreement enters
Decision 1999/753/EC (1)
into force provisionally on 1 January 2000;

between

that

the

The tariff preferences provided in the Agreement are
applicable to products originating in the Republic of
South Africa in accordance with Protocol 1 of
the
Agreement;

(6)

(7)

changes of

Amendments to the Combined Nomenclature and Taric
codes and adaptations arising from the conclusion of
agreements, protocols or exchanges of letters between
the Community and the Republic of South Africa do not
involve
interest of
substance;
simplicity, provision should therefore be made for the
Commission, assisted by the Customs Code Committee,
to take the measures necessary for the implementation
of this Regulation, in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the proced-
ures for the exercise of implementing powers of the
Commission (3);

in the

In the interest of combating fraud, provisions should be
the
preferential
made
Community to surveillance,

imports

submit

into

to

It is necessary to lay down the procedures for applying
certain provisions of the Agreement;

HAS ADOPTED THIS REGULATION:

Article 1

for

The preferential rates of duty to be applied by the
Community under the Agreement should normally be
calculated on the basis of the conventional rate of duty
the products
in the Common Customs Tariff
concerned; they should, however, be calculated from the
autonomous rate of duty where no conventional rate is
given for the products concerned or where the auto-
rate;
nomous
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 applied under conventional or
autonomous tariff quotas;

than the conventional

rate is

lower

(5)

The Agreement stipulates that certain products origin-
ating 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,

(1) OJ L 311, 4.12.1999, p. 1.

1.
For the application of preferential duty under the Agree-
ment, the expression ‘duty effectively applied’ shall be taken to
mean either:
— the lowest rate of duty appearing in column 3 or 4, taking
the periods of application mentioned or
into account
referred to in that column, of the second part of Annex I of
Council Regulation (EEC) No 2658/87 of 23 July 1987 on
the tariff and statistical nomenclature and on the Common
Customs Tariff (4), or

— the GSP rate according to Article 2 of Council Regulation
(EC) No 2820/98 of 21 December 1998 applying a multi-
annual scheme of generalised tariff preferences for the
period 1 July 1999 to 31 December 2001 (5),

whichever is the lower. However, the expression ‘duty effec-
tively applied’ shall not be taken to refer to a duty set up
within the framework of a tariff quota under Article 26 of the
Treaty or under Annex 7 of Regulation (EC) No 2658/87.

(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.
(4) 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).

(5) OJ L 357, 30.12.1998, p. 1.

Whereas:

(1)

(2)

(3)

(4)

L 337/30

EN

Official Journal of the European Communities

30. 12. 1999

For the purposes of the Annex to this Regulation, the
2.
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 decimal place.

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 considered a 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.

annual growth factor in the Annex. The resulting figure shall
be rounded up to the next complete unit.

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 the Republic
of South Africa, shall be adopted by the Commission in
accordance with the management procedure set out
in
Article 6(2).

Article 6

The Commission shall be assisted by the Customs Code

1.
Committee, hereinafter referred to as ‘the Committee’.

Article 2

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

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 Annex and within the limits of the
tariff quotas specified in that Annex, without prejudice to
Article 8.

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.

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 Agree-
ment.

Article 3

0406 30 10,
0406 40 90,
0406 90 69,

The Commission shall open an annual duty-free tariff quota for
cheese and curd of CN codes 0406 10 20, 0406 10 80,
0406 30 39,
0406 20 90,
0406 90 21,
0406 30 90,
0406 90 50,
0406 90 86,
0406 90 87, 0406 90 88, 0406 90 93 and 0406 90 99 origin-
ating in the Republic of South Africa. The initial annual volume
of this tariff quota shall be 5 000 tonnes. An annual growth
factor of 5 % shall apply to this volume. The resulting figure
shall be rounded up to the next complete unit.

0406 30 31,
0406 90 01,
0406 90 78,

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.

The Member States and the Commission shall cooperate

3.
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 agreement on 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 Communi-
ties.

Article 4

It shall apply from the date of entry into force of the Agree-
ment (1).

After the first year, the tariff quotas referred to in Article 2
shall be increased each year by the percentage specified as the

(1) The date of entry into force of the Agreement will be published in
the Official Journal of the European Communities by the General Secre-
tariat of the Council.

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Official Journal of the European Communities

L 337/31

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

Done at Brussels, 17 December 1999.

For the Council

The President

K. HEMILÄ

L 337/32

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Official Journal of the European Communities

30. 12. 1999

ANNEX

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 code

Description

09.1803

0603 10 15

Fresh orchids, from 1.6 to 31.10

0603 10 51

0603 10 65

Fresh roses, from 1.1 to 31.5, from 1.11 to 31.12

Fresh chrysanthemums, from 1.1 to 31.5, and from 1.11 to
31.12

09.1805

0603 10 29

Other fresh flowers, from 1.6 to 31.10

09.1807

ex 0603 10 69

10

Proteas, from 1.1 to 31.5, and from 1.11 to 31.12

09.1809

0603 90 00

Other than fresh flowers

09.1811

0811 10 90

Strawberries, frozen

09.1813

09.1815

2008 40 51
2008 40 59
2008 40 71
2008 40 79
2008 40 91
2008 40 99
2008 50 61
2008 50 69
2008 50 71
2008 50 79
2008 50 92
2008 50 94
2008 50 99
2008 70 61
2008 70 69
2008 70 71
2008 70 79
2008 70 92
2008 70 94
2008 70 99

2008 92 59
2008 92 74
2008 92 78
2008 92 98

Pears, not containing added spirit

Apricots, not containing added spirit

Peaches, not containing added spirit

Mixtures of fruit, other than tropical fruit

09.1817

2008 92 72

Mixtures of tropical fruit

09.1819

2009 11 99

Frozen orange juice

Annual tariff quota
volume, and annual
growth factor (1) (2)

Tariff quota duty
(% reduction)

500 tonnes
(agf 3 %)

50 MFN or
80 GSP (3)

600 tonnes
(agf 3 %)

50 MFN or
80 GSP (3)

900 tonnes
(agf 5 %)

500 tonnes
(agf 3 %)

250 tonnes
(agf 3 %)

40 000 tonnes
gross weight
(agf 3 %)

100

25 MFN (3)

100

50 MFN

18 000 tonnes
gross weight
(agf 3 %)

2 000 tonnes
gross weight
(agf 3 %)

700 tonnes
(agf 3 %)

50 MFN

50 MFN

50 MFN

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Official Journal of the European Communities

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Order No

CN code

Taric code

Description

09.1821

2009 40 30

Pineapple juice

Apple juice

Sparkling wine

Other wine

2009 70 11
2009 70 19
2009 70 30
2009 70 91
2009 70 93
2009 70 99

2204 10 19
2204 10 99

2204 21 79
2204 21 80
2204 21 83
2204 21 84

7202 41 10
7202 41 91
7202 41 99

09.1823

09.1825

09.1827

(1) Annual growth factor (agf) = % of base year volume.
(2) Net weight, unless otherwise stated.
(3) Whichever results in the lower duty applicable.

Annual tariff quota
volume, and annual
growth factor (1) (2)

Tariff quota duty
(% reduction)

700 tonnes
(agf 3 %)

50 MFN

450 000 litres
(agf 5 %)

32 000 000 litres

100

100

Ferro-chromium, containing by weight more than 4 % of
carbon

515 000 tonnes

100