Council Regulation (EC) No 1362/2000 of 29 June 2000 implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican States
Date: 2000-06-29
Institutions: Council of the European Union
Subjects: Combined Nomenclature, Mexico, customs duties, fraud, originating product, tariff quota, trade agreement (EU)

30.6.2000

EN

Official Journal of the European Communities

L 157/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1362/2000

of 29 June 2000

implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council
under the Interim Agreement on Trade and Trade-related matters between the European
Community and the United Mexican States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(7)

The Joint Council under the Interim Agreement on
Trade and Trade-related matters between the European
Community and the United Mexican States has by its
Decision No 2/2000, adopted arrangements for imple-
menting aspects of that Agreement related to trade in
goods with effect from 1 July 2000.

The tariff preferences provided in Decision No 2/2000
are applicable to products originating in Mexico in
accordance with Annex III to the said Decision.

is necessary to lay down special provisions for
It
applying those tariff preferences within the Community.

(8)

measures, their volumes and duties. The tariff quotas
should be managed, as a rule, on a first-come first-served
basis in accordance with Articles 308a to 308c of
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 (1). The tarif quota for some
products is subject to satisfaction of specific rules of
origin for a given period of time. This tariff quota should
also be managed on the first-come first-served basis
mentioned above.

The Combined Nomenclature codes mentioned in this
Regulation are those of 2000, as provided in Council
Regulation (EEC) No 2658/87 of 23 July 1987 on the
tariff and statistical nomenclature and on the Common
Customs Tariff (2). Amendments
to the Combined
Nomenclature and TARIC codes should not result in
substance in agreements or other acts
changes of
concluded between the Community and Mexico. In the
interests of 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 procedures for the exercise of implementing
powers of the Commission (3).

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

imports

submit

into

to

The base rates for calculating tariff reductions are those
set out in Decision 2/2000.

HAS ADOPTED THIS REGULATION:

The same methods of calculation should, as a general
rule, apply to ad valorem and specific rates of duty as
well as to the treatment of minimum and maximum
duties provided in the Common Customs Tariff.

Decision No 2/2000 stipulates that certain products
originating in Mexico may be imported into the
Community within the limits of
tariff quotas, at a
reduced or a zero rate of customs duty. The said
Decision specifies the products eligible for those tariff

Article 1

1.
For the purposes of implementing Decision No 2/2000 of
the Joint Council under the Interim Agreement on Trade and
Trade-related matters between the European Community and
Mexico:

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 502/1999 (OJ 65, 12.3.1999, p. 1).

(2) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2626/1999 (OJ L 321, 14.12.1999, p. 3).

(3) OJ L 184, 17.7.1999, p. 23.

(1)

(2)

(3)

(4)

(5)

(6)

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(a) The term ‘MFN’ shall be taken to mean the lowest rate of
duty appearing in column 3 or 4, taking into account the
periods of application mentioned or referred to in that
column, of the second part of Annex I of Regulation (EEC)
No 2658/87. However,
it shall not mean a duty set up
within the framework of a tariff quota under Article 26 of
the Treaty or under Annex 7 to Regulation (EEC) No
2658/87.

(b) Subject to paragraph 2, the final rate of preferential duty

shall be rounded down to the first decimal place.

2. Where the result of calculating the rate of preferential
duty is one of the following, the preferential rate shall be
considered a full exemption:

(a) 1 % or less in the case of ad valorem duties, or

(b) EUR 0,5 or less per individual euro amount in the case of

specific duties.

3. Wherever customs duties comprise an ad valorem duty
plus one or more specific duties, the preferential reduction is
limited to the ad valorem duty where it is so provided in Article
8 of Decision No 2/2000. Where the customs duties comprise
an ad valorem duty with a minimum and maximum duty, the
preferential
reduction also applies to that minimum and
maximum duty. Where they comprise more than one specific
duty, the preferential reduction applies to all of these.

The customs duty applicable to products of CN code
5.
1704 10 within the tariff quota at order No 09.1857 in the
Annex to this Regulation shall be 6 %.

the tariff quota at order No
6. With the exception of
09.1899, the tariff quotas referred to in the Annex to this
Regulation shall be opened each year for a twelve-month
period from 1 July to 30 June. These quotas shall be opened
for the first time on 1 July 2000.

7.
The tariff quota at order No 09.1847 in the Annex to this
Regulation shall be opened for the last time on 1 July 2007.

An annual tariff quota of 2 500 units shall be opened at
8.
the preferential rate provided under the Agreement for vehicles
of CN codes 8701 20, 8702 and 8704, originating in Mexico
according to the specific origin rules laid down in Annex III,
Appendix IIa, Note 12.1 to Decision No 2/2000. This tariff
quota shall be opened annually for twelve months from 1
January to 31 December, until December 2006. It shall be
opened for the first time on 1 July 2000 for half of the annual
volume.

To be eligible for the benefit of this tariff quota, the following
must be indicated in box 7. (Remarks) of movement certificate
EUR.l or on the invoice declaration for the goods in question:
‘Specific origin rule laid down in Decision No 2/2000 of EC-
Mexico Joint Council, Annex III, Appendix IIa, Note 12.1’.

Article 3

Article 2

The annual volume of the tariff quota at order No 09.1853 in
the Annex to this Regulation shall be increased successively by
500 tonnes each year from 1 July 2001.

1.
Subject to paragraph 5, the customs duties on the prod-
ucts listed in the Annex to this Regulation and originating in
Mexico shall be reduced to the levels provided and within the
limits of the tariff quotas specified in that Annex.

These tariff quotas shall be managed in accordance with

2.
Articles 308a to 308c of Regulation (EEC) No 2454/93.

3. With respect to the products covered by the Annex to
this Regulation:

(a) the specific export document referred to in Article 8(7) of
Decision No 2/2000 of the Joint Council means the move-
ment certificate EUR 1 or the invoice declaration referred
to in Article 15(1) of that Decision, and

(b) the acceptance of the declaration for release for free circula-
tion shall be deemed to constitute the issuing of the import
licence referred to in that provision.

4.
The reductions of duty referred to in the Annex are
expressed as a percentage of the customs duties effectively
applied to goods of Mexican origin outside the tariff quotas in
question when declared for release for free circulation.

Article 4

Without prejudice to Articles 2 and 3, the amendments and
technical adaptations of the Annex to this Regulation made
necessary by amendments to the Combined Nomenclature and
TARIC codes or arising from decisions of the EC-Mexico Joint
Council, or from the conclusion of agreements, protocols or
exchanges of letters between the Community and Mexico, shall
be adopted by the Commission in accordance with the
management procedure set out in Article 5(2).

Article 5

The Commission shall be assisted by the Customs Code

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

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply. The period laid down
in Article 4(3) of Decision 1999/468/EC shall be set at three
months.

3.

The Committee shall adopt its rules of procedure.

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Article 6

2.

Article 308d of Regulation (EEC) No 2454/93 shall apply.

3.
The Member States and the Commission shall cooperate
closely to ensure that this surveillance measure is complied
with.

Article 7

1.
Products put into free circulation with the benefit of the
preferential rates provided under Decision No 2/2000 shall be
subject to surveillance. The Commission in consultation with
the Member States shall decide the products to which this
surveillance applies.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

It shall apply from 1 July 2000.

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

Done at Luxembourg, 29 June 2000.

For the Council

The President

M. ARCANJO

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ANNEX

concerning the products referred to in Article 2

Notwithstanding the rules for the interpertation 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 this 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

Description

Annual tariff quota
volume
(net weight, unless other-
wise specified)

09.1831

0407 00 19

Eggs of poultry other than turkeys or geese, for hatching (1)

300 tonnes

09.1832

0408 11 80
0408 19 81
0408 19 89
0408 91 80
0408 99 80

Egg yolks, Bird eggs not in shell

1 000 tonnes (3)

Tariff quota
duty
(% reduction)

50 MFN or
50 GSP (2)

50 MFN or
50 GSP (2)

09.1833

0409 00 00

Natural honey

30 000 tonnes

50 MFN or
50 GSP (2)

09.1835

ex 0603 10 10
ex 0603 10 20
ex 0603 10 30
ex 0603 10 40
ex 0603 10 50

Cut flowers, fresh, from 1 June to 31 October

350 tonnes

100

09.1837

ex 0603 10 80

Cut flowers, fresh, from 1 June to 31 October

09.1839

ex 0603 10 10
ex 0603 10 20
ex 0603 10 30
ex 0603 10 40
ex 0603 10 50

Cut flowers, fresh, from 1 November to 31 May

400 tonnes

350 tonnes

09.1841

ex 0603 10 80

Cut flowers, fresh, from 1 November to 31 May

400 tonnes

09.1843

ex 0709 20 00

Asparagus, fresh or chilled, from 1 March to 30 November

600 tonnes

100

100

100

100

09.1845

0710 21 00

Frozen peas

500 tonnes

50 MFN or
50 GSP (2)

09.1847

ex 0804 40 00

Avocados, from 1 June to 30 September

20 000 tonnes

100

09.1849

ex 0807 19 00

Melons, other than watermelons, fresh, from 1 to 31 January, from
1 April to 31 May and from 1 October to 31 December

1 000 tonnes

09.1851

0811 10 90

Strawberries, not containing sugar or other sweetening matter

1 000 tonnes

50 MFN or
50 GSP (2)

50 MFN or
50 GSP (2)

09.1853

1604 14 11
1604 14 18
1604 14 90
1604 19 39
1604 20 70

Prepared or preserved fish

2 000 tonnes (4)

66,66 MFN or
66,66 GSP (2)

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Order No

CN code

Description

Annual tariff quota
volume
(net weight, unless other-
wise specified)

Tariff quota
duty
(% reduction)

09.1855

1703 10 00

Cane molasses

275 000 tonnes

100

09.1857

1704 10

Chewing gum, whether or not sugar-coated

1 000 tonnes

09.1859

2005 60 00

Asparagus, prepared or preserved otherwise than by vinegar or
acetic acid

Mixtures of fruit, prepared or preserved

1 000 tonnes

1 500 tonnes

Fixed duty to
be applied

50 MFN or
50 GSP (2)

50 MFN or
50 GSP (2)

09.1861

09.1863

2008 92 51
2008 92 74
2008 92 92
2008 92 93
2008 92 94
2008 92 96
2008 92 97
2008 92 98

2009 11 11
2009 11 19
2009 11 91
2009 19 11
2009 19 19
2009 19 91
2009 19 99

09.1867

09.1869

2009 40 11
2009 40 19
2009 40 30
2009 40 91
2009 40 99

3502 11 90
3502 19 90

09.1899

8701 20

8702

8704

Orange juice, unfermented and not containing added spirit, except
orange juice of 2009 11 99

1 000 tonnes

50 MFN or
50 GSP (2)

09.1865

ex 2009 11 99

Orange juice, frozen, with a degree of concentration higher than 20°
brix (of a density exceeding 1,083 g/cm3 at 20 °C)

30 000 tonnes

Pineapple juice, unfermented and not containing added spirit

2 500 tonnes

75 MFN or
75 GSP (2)

50 MFN or
50 GSP (2)

Egg albumin

3 000 tonnes (3)

100

Road tractors for semi-trailers:
— in which the value of all the non-originating materials does not

exceed 55 % (5) of the ex-works price of the product

Motor vehicles for the transport of ten or more persons, including
the driver:
— in which the value of all the non-originating materials does not

exceed 55 % (5) of the ex-works price of the product

Motor vehicles for the transport of goods:
— in which the value of all the non-originating materials does not

exceed 55 % (5) of the ex-works price of the product

2 500 units

100

(6)

(6)

(1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.
(2) Whichever result in the lower duty applicable.
(3) Shell egg equivalent. To be converted in accordance with the rates fixed at Annex 77 of Regulation (EEC) No 2454/93.
(4) From the second year of application, the volume of this tariff quota is increased annually by 500 tonnes.
(5) This percentage shall be 50 % from 1 January 2003.
(6) The preferential rates applicable for these products are determined in accordance with Article 5(2) of Decision No 2/2000.