Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the Community the tariff provisions laid down in the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
Date: 2003-02-18
Institutions: Council of the European Union
Subjects: Chile, association agreement (EU), originating product, tariff preference, tariff quota

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Official Journal of the European Union

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 312/2003

of 18 February 2003

implementing for the Community the tariff provisions laid down in the Agreement establishing an
association between the European Community and its Member States, of the one part, and the
Republic of Chile, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

It is appropriate to provide that the tariff quotas should
be managed, in general, on a first-come first-served basis
in accordance with Articles 308a, 308b and 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 (3). The tariff quota for
certain products should be managed under a system
which is based on import and export licences and which
should be carried out by the Commission.

The Agreement establishing an association between the
European Community and its Member States, of the one
part, and the Republic of Chile, of the other part (1),
hereinafter referred to as ‘the Agreement’, lays down the
tariff preferences applicable to products originating in
Chile in accordance with Annex III to the Agreement.

(7)

(1)

(2)

(3)

(4)

(5)

Decision 2002/979/EC (2) on the signature and provi-
sional application of certain provisions of the Agreement
provides that the tariff preferences laid down in the
Agreement shall be applicable on a provisional basis
pending its entry into force.

The base rates for calculating tariff reductions are those
set out in Annex I to the Agreement.

The same methods of calculation should apply to ad
valorem rates of duty as to specific duties except in the
cases specified in Article 71(2) and (3) of the Agreement.

The Agreement stipulates that certain products origi-
nating in Chile may be imported into the Community
within the limits of tariff quotas, at a reduced or a zero
is necessary to specify the
rate of customs duty.
products eligible for those tariff measures, their volumes
and duties and the methods for calculating the reduc-
tions.

It

(1) OJ L 352, 30.12.2002, p. 3.
(2) OJ L 352, 30.12.2002, p. 1.

The Combined Nomenclature codes mentioned in this
Regulation are those of the Combined Nomenclature for
2003, 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 (4).
Amendments to the Combined Nomenclature and Taric
codes adopted after 2002 should not result in changes
of substance in agreements or other acts concluded
between the Community and Chile.
It is appropriate,
therefore, to provide that the amendments and technical
adaptations to the Annex to the Regulations made neces-
sary by amendments to the Combined Nomenclature
may be adopted by the Commission, assisted by the
Customs Code Committee, in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (5). It is also appropriate
to provide that the same procedure should be followed
for the adoption of amendments and technical adapta-
tions to the Annex to the Regulations required by the
amendments of the Agreement, or decisions taken there-
under, or other agreements between the parties.

(8)

In the interest of combating fraud,
provide that preferential
may be subject to surveillance,

it is necessary to
imports into the Community

(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p.
11).

(4) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 1832/2002 (OJ L 290, 28.10.2002, p. 1).

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

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HAS ADOPTED THIS REGULATION:

Article 3

Article 1

For the purposes of implementing the tariff preferences

1.
laid down in the Agreement:

(a) the term ‘MFN duty’ shall mean the duties specified in Part
Two of Annex I to 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 point.

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

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

1.
The annual volume of the tariff quotas at order Nos
09.1921, 09.1922, 09.1923 and 09.4181 in the Annex shall
be increased successively by 10 per cent each year of the
original quantity from 1 January 2004.

2.
The annual volume of the tariff quotas at order Nos
09.1924, 09.1925, 09.1926, 09.1927, 09.1928, 09.1929 and
09.1930 in the Annex shall be increased successively by five
per cent each year of the original quantity from 1 January
2004.

Article 4

1.
Except for the tariff quota at order number 09.4181, the
tariff quotas provided for in the Annex shall be managed in
accordance with Articles 308a, 308b and 308c of Regulation
(EEC) No 2454/93.

The Commission shall lay down the management rules

2.
for the tariff quota at order number 09.4181.

(b) EUR 2 or less per individual euro amount in the case of

specific duties.

Article 5

3. Where the customs duties comprise an ad valorem duty
with a minimum and maximum duty, the preferential reduction
shall also apply to that minimum and maximum duty. For
products listed in Annex I to the Agreement under categories
‘EP’ and ‘SP’, the preferential reduction shall apply only to the
ad valorem duty and in accordance with Annex I to the Agree-
ment. If the customs duties comprise more than one specific
duty, the preferential reduction shall apply to all these duties
and in accordance with Annex I to the Agreement.

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 the
amendment of the Agreement, or from decisions of the joint
bodies established under the Agreement, or from the conclu-
sion of other agreements, protocols or exchanges of letters
between the Community and Chile shall be adopted by the
Commission in accordance with the procedure set out
in
Article 6(2).

Article 2

1.
The Commission shall open annual tariff quotas for the
products originating in Chile set out in the Annex. The customs
duties on these products shall be reduced to the levels provided
for and within the limits of the tariff quotas specified in that
Annex.

2.
The reductions of duty referred to in the Annex are
expressed as a percentage of the customs duties effectively
applied to goods originating in Chile outside the tariff quotas
provided for in the Annex when declared for release for free
circulation.

The tariff quotas referred to in the Annex shall be opened
3.
each year for a 12-month period from 1 January. However, in
2003 and except for the quota referred to in Article 4(2), the
volume of these quotas shall be reduced by the number of
twelfths corresponding to the calendar months before this
Regulation enters into force.

4.
A tariff quota falling within a tariff elimination category
set out in Annex I to the Agreement shall end when the prefer-
ential duty is completely eliminated in accordance with its
timetable.

Article 6

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.

Article 7

Products put into free circulation with the benefit of the
1.
preferential rates provided for in the Agreement may be subject
to surveillance. The Commission in consultation with the
Member States shall decide the products to which this surveil-
lance applies.

2.

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

3. Member States and the Commission shall cooperate
closely to ensure that the surveillance referred to in paragraph
1 is complied with.

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

It shall apply from the date of the provisional application of certain provisions of the Agreement.

Article 8

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

Done at Brussels, 18 February 2003.

For the Council

The President

N. CHRISTODOULAKIS

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ANNEX

Concerning the 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 when this Regulation is adopted. 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)

Tariff quota duty
(% reduction)

Meat of bovine animals, fresh, chilled or frozen

1 000 tonnes (1)

100

fresh, chilled or frozen; sausages and
Meat of swine,
similar products, of meat, meat offal, or blood;
food
preparations based on these products; other prepared or
preserved meat, meat offal or blood (of swine)

3 500 tonnes (1)

100

09.4181

09.1921

0201 20
0201 30 00
0202 20
0202 30

0203 11 10
0203 12 11
0203 12 19
0203 19 11
0203 19 13
0203 19 15
0203 19 55
0203 19 59
0203 21 10
0203 22 11
0203 22 19
0203 29 11
0203 29 13
0203 29 15
0203 29 55
0203 29 59
1601 00
1602 41
1602 42
1602 49

100

100

09.1922

0204

Meat of sheep or goats, fresh, chilled or frozen

2 000 tonnes (1)

Meat and edible offal of the poultry, fresh, chilled and
frozen; other prepared or preserved meat (of turkeys and
of fowls of the species Gallus domesticus)

7 250 tonnes (1)

09.1923

0207 11
0207 12
0207 13
0207 14
0207 24
0207 25
0207 26
0207 27
0207 32 11
0207 32 15
0207 32 19
0207 33 11
0207 33 19
0207 35 15
0207 35 21
0207 35 53
0207 35 63
0207 35 71
0207 36 15
0207 36 21
0207 36 53
0207 36 63
0207 36 71
1602 31
1602 32

09.1924

0406

Cheese and curd

1 500 tonnes (2)

100

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Order No

CN code

Description

09.1925

0703 20 00

Garlic

09.1926

1104

Cereal grains otherwise worked, except rice of heading
1006; germ of cereals, whole, rolled, flaked or ground

Annual tariff quota
volume
(net weight)

500 tonnes (2)

1 000 tonnes (2)

09.1927

2203 10 20
2003 10 30

Mushrooms of the genus Agaricus, prepared or preserved

500 tonnes (2)

09.1928

2008 60 19

Cherries

09.1929

ex 0806 10 10

Table grapes, from 1 January to 14 July

1 000 tonnes (2)

37 000 tonnes (2)

09.1930

ex 0806 10 10

Table grapes, from 1 November to 31 December

3 000 tonnes (2)

1704 10
1704 90

Sugar confectionery (including white chocolate), not
containing cocoa

400 tonnes

Chocolate and other food preparations containing cocoa

400 tonnes

Sweet biscuits; waffles and wafers

500 tonnes

Tariff quota duty
(% reduction)

100

100

100

100

100

100

100

100

100

Hake (Merluccius spp., Urophycis spp.), fresh or chilled

5 000 tonnes

10 (3)

Fish fillets, dried, salted or in brine; smoked fish

40 tonnes

10 (3)

Prepared or preserved fish

150 tonnes

one third of the MFN
duty

(1) The annual volume of the tariff quota shall be increased successively each year by 10 per cent of the original quantity.
(2) The annual volume of the tariff quota shall be increased successively each year by five per cent of the original quantity.
(3) This reduction shall be increased in nine equal stages each year starting on 1 January 2004.

09.1931

09.1932

09.1933

09.1934

09.1935

09.1936

1806 20
1806 31 00
1806 32
1806 90

1905 31
1905 32
1905 90 40
1905 90 45

0302 69 66
0302 69 67
0302 69 68
0302 69 69

0305 30 30
0305 41 00

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