Commission Regulation (EC) No 1553/2004 of 31 August 2004 amending Council Regulation (EC) No 1362/2000 as regards the opening and management of tariff quotas for certain products originating in Mexico
Date: 2004-08-31
Institutions: European Commission
Subjects: Mexico, animal protein, egg product, originating product, processed food product, tariff quota, tropical fruit

1.9.2004

EN

Official Journal of the European Union

L 282/3

COMMISSION REGULATION (EC) No 1553/2004

of 31 August 2004

amending Council Regulation (EC) No 1362/2000 as regards the opening and management of tariff
quotas for certain products originating in Mexico

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1362/2000 of 29
June 2000 implementing for
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 (1), and in particular Article 4 thereof,

the Community the

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1362/2000 implements
the
Community the tariff provisions set out in Decision No
2/2000 of the EU-Mexico Joint Council (2).

for

The EU-Mexico Joint Council has decided, by its Decision
No 3/2004 of 29 July 2004 introducing tariff quotas for
certain products originating in Mexico (3) and listed in
the EU-Mexico
to Decision No 2/2000 of
Annex I
Joint Council,
tariff quota for
to open a transitional
bananas which will cease to apply when replaced by a
tariff-only regime and a tariff quota for certain pectic
substances. Those tariff quotas should be opened.

the arrangements

In order to avoid any discrimination between Mexico and
other exporting countries having access to Community
tariff quotas for bananas pursuant to Commission Regu-
lation (EC) No 896/2001 of 7 May 2001 laying down
detailed rules for applying Council Regulation (EEC) No
importing
404/93 as
regards
bananas into the Community (4),
the tariff quotas for
bananas
be
considered initially as non-critical within the meaning
of Article 308c of Regulation (EEC) No 2454/93 of 2
July 1993 laying down provisions for the implemen-
tation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (5) when they are
managed under the system laid down in Article 308a of
that Regulation and Article 308c(2) and (3) of that Regu-
lation should not apply.

this Regulation

pursuant

should

for

to

(1) OJ L 157, 30.6.2000, p. 1. Regulation as amended by Commission

Regulation (EC) No 875/2004 (OJ L 162, 30.4.2004, p. 51).

(2) OJ L 157, 30.6.2000, p. 10.
(3) Not yet published in the Official Journal.
(4) OJ L 126, 8.5.2001, p. 6. Regulation as last amended by Regulation

(EC) No 838/2004 (OJ L 127, 29.4.2004, p. 52).

Pursuant to Article 17 of Council Regulation (EEC) No
404/93 of 13 February 1993 on the common organi-
sation of the market in bananas (6) the import of bananas
into the Community is subject to the submission of an
import
is unnecessary as
regards the fresh bananas covered by this Regulation,
since the ‘first come, first served’ management system
as laid down in Article 308a of Regulation (EC) No
2454/93 provides
information to that
equivalent
obtained on an import licence.

licence. This

requirement

(5)

(6)

(7)

(8)

Management of the tariff quotas for egg products (under
order numbers 09.1832 and 09.1869) requires a coef-
ficient to be applied to the net weight of the goods
declared to customs. With a view to improving the effi-
ciency of managing the tariff quotas in question, a
should be created for each
separate order number
group of products having a single coefficient.

Regulation (EC) No 1362/2000 should therefore be
amended accordingly.

Since Decision No 3/2004 of
the EU-Mexico Joint
Council of 29 July 2004 enters into force on 1 May
2004 this Regulation should be applicable from the
same date.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1362/2000 is amended as follows:

1. Article 2 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2.
These tariff quotas shall be managed in accordance
with Articles 308a, 308b and 308c of Regulation (EEC)
No 2454/93. However, Article 308c(2) and (3) shall not
apply to the tariff quota at order No 09.1871 in the
Annex.’

(b) the following paragraph 3 a is inserted:

‘3 a. With respect to products of CN code 0803 00 19
the presentation of an import licence as regards fresh
bananas originating in Mexico shall not be required.’

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

(6) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the Act of

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

Accession of 2003.

L 282/4

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Official Journal of the European Union

1.9.2004

(c)

the following paragraphs 5 a and 5 b are inserted:

Article 2

‘5 a.
The customs duty applicable to products of CN
code 1302 20 10 within the tariff quota at order No
09.1873 in the Annex shall be 2 %.

5 b.
The customs duty applicable to products of CN
code 0803 00 19 within the tariff quota at order No
09.1871 in the Annex shall be EUR 75 /tonne.’

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

Except for point 2 of the Annex,
2004.

it shall apply from 1 May

2. The Annex is amended in accordance with the Annex to this

Regulation.

Point 2 of the Annex shall apply from 1 January 2005.

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

Done at Brussels, 31 August 2004.

For the Commission

Frederik BOLKESTEIN
Member of the Commission

1.9.2004

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Official Journal of the European Union

L 282/5

ANNEX

Amendments to the Annex to Council Regulation (EC) No 1362/2000

1. The following rows are inserted in the table:

‘09.1871 (8)

0803 00 19

Bananas, fresh (excluding plantains)

2 000 tonnes

Fixed duty to be applied

09.1873

ex 1302 20 10 Dry pectic substances, pectinates and

250 tonnes

Fixed duty to be applied

pectates in powder form

(8) This tariff quota will cease to apply when the current WTO quotas for bananas of CN code 0803 00 19 are replaced by a tariff-only

regime.’

2. The rows in the table with respect to order numbers 09.1832 and 09.1869 are replaced by the following:

— Egg yolks, Birds’ eggs not

in

1 000 tonnes (3)

50 MFN or 50 GSP (2)

shell:

‘09.1832

0408 11 80

0408 19 81

0408 19 89
0408 91 80

0408 99 80

09.1875

0408 11 80 — Egg yolks, dried

09.1877

0408 19 81 — Egg yolks, liquid

0408 19 89 — Egg yolks, other

50 MFN or 50 GSP (2)

50 MFN or 50 GSP (2)

09.1879

0408 91 80 — Birds' eggs, not in shell, dried

50 MFN or 50 GSP (2)

09.1881

0408 99 80 — Birds' eggs, not in shell, other

50 MFN or 50 GSP (2)

09.1869

09.1883

09.1885

09.1887

3502 11 90

3502 19 90

— Egg albumin:

3 000 tonnes (3)

100

ex 3502 11 90 — dried (crystals)

ex 3502 11 90 — dried (other)

3502 19 90 — other than dried

100

100

100

(3) Shell egg equivalent. To be converted in accordance with the rates fixed in Annex 69 to Regulation (EEC) No 2454/93.’