2010/0038 (NLE)  Proposal for a Council Decision on a EU position within the EC-South Africa Cooperation Council on the amendment of the relevant provisions and Annexes to the Trade, Development and Cooperation Agreement (TDCA) between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part, to align certain tariffs with those applied to the EU products by Botswana, Lesotho and Swaziland in the Annex 3 of the EU-SADC interim Economic Partnership Agreement
Date: 2010-02-23
Institutions: European Commission
Subjects: South Africa, cooperation agreement (EU), customs duties, tariff policy, trade agreement (EU)

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EUROPEAN COMMISSION 

Brussels, 23.2.2010 
COM(2010)57 final 

2010/0038 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a EU position within the EC-South Africa Cooperation Council on the amendment of 
the relevant provisions and Annexes to the Trade, Development and Cooperation 
Agreement (TDCA) between the European Community and its Member States, on the 
one part, and the Republic of South Africa, on the other part, to align certain tariffs 
with those applied to the EU products by Botswana, Lesotho and Swaziland in the 
Annex 3 of the EU-SADC interim Economic Partnership Agreement 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

Article  106(1)  of  the  Agreement  on  Trade,  Development  and  Cooperation  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republic  of  South 
Africa, of the other part ('TDCA') empowers the Cooperation Council established by the same 
Agreement to decide on amendments put forward by any Party to the Agreement. According 
to  Article 97(3)  of  the  TDCA,  the  Cooperation  Council  has  the  power  to  take  decisions  in 
respect of all matters covered by the TDCA. 

Brief description of the issue 

South  Africa  is  a  member  of  the  Southern  Africa  Customs  Union  (SACU)  together  with 
Botswana, Lesotho, Namibia and Swaziland (the so-called 'BLNS' group). The EU and South 
Africa  concluded  a  bilateral  agreement,  the  TDCA  (Trade,  Development  and  Cooperation 
Agreement)  which  entered  into  force  in  2000.  During  negotiations  with  the  SADC  EPA 
(Economic  Partnership  Agreement)  group,  including  South  Africa,  the  BLNS  stated  clearly 
their desire to align themselves to the existing TDCA provisions with South Africa provided 
that  certain  sensitivities  could  be  accommodated  by  the  EU.  These  sensitivities  were 
identified with 53 tariff lines for which, in most cases, the BLNS side requested a dismantling 
at a slower pace than that foreseen in the TDCA. This is commonly referred to as 'retrofitting'.  

It  should  be  noted  that  the  previous  SACU  Agreement,  which  was  in  force  during  the 
conclusion of the TDCA did not oblige South Africa to formally consult and associate with all 
the other SACU members. This was then corrected in 2002 when a new binding consultation 
clause (Art. 31) was included into the new SACU Agreement. 

The Commission accepted this request and it was introduced in the tariff dismantling scheme 
(Annex 3) of the interim EPA negotiated with the SADC EPA group. It was agreed that for 
these  53  tariff  lines  the  existing  TDCA  dismantling  scheme  would  mainly  be  frozen  until 
2011  and  fully  liberalised  by  2015,  as  compared  to  the  dismantling  scheme  included  in  the 
TDCA. For four of these 53 tariff lines duties will be frozen at 2007 TDCA tariff rates and for 
the time being there will be no further liberalisation.  

The interim EPA was initialled in December 2007 by the BLNS. Unfortunately South Africa, 
although  it  had  participated  in  the  negotiations,  did  not  initial  the  interim  EPA  in  the  end. 
Therefore tariff discrepancies still remain between the interim EPA and the TDCA regarding 
these 53 tariff lines.  

Following the signature of the interim SADC EPA by Botswana, Lesotho and Swaziland in 
June 2009, South Africa complained that the implementation of this agreement would disrupt 
the SACU common external tariff (CET) because the tariff treatment for these 53 tariff lines 
on EU imports would be different from the commitments negotiated in the interim EPA and 
those in the TDCA. According to South Africa, the implementation of the interim EPA would 
therefore  create  an  obstacle  to  the  free  circulation  within  SACU  of  EU  products  subject  to 
different tariff schedules in different members of the customs union.  

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In  order  to  address  these  problems  and  to  support  regional  integration,  in  December  2008, 
representatives  of  the  European  Commission  proposed  tariff  alignment  whereby  the  EU 
would  agree  to  extend  to  South  Africa  (via  the  TDCA)  the  tariff  treatment  for  the  53  tariff 
lines  negotiated  with  the  BLNS  in  the  interim  EPA  for  these  tariff  lines,  so  that  the  same 
timetable for dismantlement would apply across all SACU members. This 'alignment' would 
help to ensure that the TDCA and the interim EPA are fully compatible with the concept of a 
common external tariff for all members of SACU and support their regional integration.  

The  tariff  alignment  proposal  was  endorsed  by  the  representatives  of  the  Parties  during  a 
Senior  Officials  meeting  that  took  place  in  Swakopmund  (Namibia)  in  March  2009.  It  was 
considered that this alignment would be necessary to consolidate SACU tariff coherence, and 
help the interim EPA signatories to implement their commitments included in Annex 3 of the 
interim EPA.  

It is important to underline that this tariff alignment is not proposing a new strategy, and is 
fully  in  line  with  previous  actions  undertaken  in  the  context  of  SADC  EPA  negotiations. 
Following the non-signature of the interim SADC EPA by South Africa, this alignment is a 
technical  way  of  implementing  an  arrangement  that  was  foreseen  with  all  SACU  members 
(including South Africa and Angola, which in the event did not initial the agreement) in 2007, 
in two different agreements: the interim EPA and the TDCA. In fact, in order to preserve the 
SACU Common External Tariff (CET), the idea of aligning the TDCA market access granted 
to  the  EU  with  the  one  in  the  interim  SADC  Economic  Partnership  Agreement  has  been 
discussed in the SADC EPA group. 

This  helps  the  integration  of  SACU  members  and  thus  demonstrates  clearly  the  EU 
commitment  to  SACU  integration.  It  does  not  pre-empt  possible  future  negotiations  with 
South Africa in the framework of ongoing negotiations for a comprehensive SADC EPA.  

The list of tariff lines (53), on which these adjustments should apply as well as the description 
of  the  new  tariff  treatment  is  provided  in  the  attached  Excel  sheet,  which  reflects  the  tariff 
lines  to  be  included  in  Annex  1  and  Annex  2  of  the  Decision  of  the  EU-South  Africa 
Cooperation Council. 

Existing provisions in the area of the proposal 

Agreement  on  Trade,  Development  and  Cooperation  between  the  European  Community  and 
its  Member  States,  of  the  one  part,  and  the  Republic  of  South  Africa,  of  the  other  part 
('TDCA')1.  

Consistency with the other policies and objectives of the Union 

If adopted, this proposal will help to finalise the EC-SADC EPA Negotiations, with the entire 
SADC EPA Group, which is in the interests of the European Union.  

1 

OJ L 311, 4.12.1999, p. 3. 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

In 2008, several rounds of EPA talks between the EU and SADC EPA Group (including South 
Africa) took place at Senior Officials level in order to find a mutually satisfactory solution that 
would allow South Africa to eventually join a comprehensive SADC EPA. 

Since South Africa is not part of the Interim SADC EPA, the alignment of customs duties of 
the  53  tariff  lines  that  were  not  identical  under  the  interim  SADC  EPA  and  the  EU-South 
Africa Trade and Development Cooperation Agreement was considered necessary in order to 
preserve SACU external tariffs. 

This matter was discussed with SADC EPA side on several occasions, in 2008 as well as at 
Ministerial level in February 2009 and subsequently at Senior Officials' level in March 2009, 
in order to allow the signature of the Interim SADC EPA Agreement to move forward. This 
proposal  would  pave  the  way  for  the  continuation  of  market  access  discussions  in  the  full 
SADC EPA context, to include South Africa.  

Collection and use of expertise 

There was no need for external expertise. 

Impact assessment 

Not applicable.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The proposed Council Decision is structured as follows: 

1.  The  aim  of  this  Council  Decision  is  to  align  the  relevant  tariff  schedules  of  53  tariff 
lines applied by South Africa for imports from the EU as set out in the TDCA to EC 
products  to  those  applied  to  the  same  EU  products  by  Botswana,  Lesotho,  and 
Swaziland  in  accordance  with  Annex  3  of  the  interim  Economic  Partnership 
Agreement with a view to preserving the uniformity of the Southern African Customs 
Union external tariff, to which those three countries belong, in respect of their imports 
from the EU. 

2.  This  proposal  is  based  on  the  conclusions  endorsed  by  the  representatives,  in  March 

2009 in Swakopmund, Namibia.  

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Legal basis 

Articles 207(4) first subparagraph and 218(9) of the Treaty on the Functioning of the European 
Union  and  the  Agreement  on  Trade,  Development  and  Cooperation  between  the  European 
Community and its Member States, of the one part, and the Republic of South Africa, of the 
other part2 (hereinafter referred to as the 'TDCA'), signed in Pretoria on 11 October 1999 and 
entered into force on 1 May 2004 

Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The  subsidiarity 
principle therefore does not apply. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The proposed form of action (Council Decision) is as simple as possible in the context of the 
TDCA. Any alternative means would require the renegotiations of the entire Agreement. 

Choice of instruments 

Proposed instruments: Council Decision. 

Other means would not be adequate for the following reason(s). 

Amending the TDCA is the best way to preserve SACU tariff coherence and the fastest way to 
resume EU-SADC full EPA talks with the entire SADC EPA region. 

4. 

BUDGETARY IMPLICATIONS 

The proposal will have no financial implications. The reason is that this tariff alignment is a 
modification  of  the  South  African  tariff  schedule  included  in  the  TDCA  and  not  the 
modification of the EU tariff schedule. Thus, the tariff alignment as proposed in this Decision, 
will have no consequences on the EU budget. 

2 

OJ L 311, 4.12.1999, p. 3. 

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2010/0038 (NLE) 

Proposal for a 

COUNCIL DECISION 

on a EU position within the EC-South Africa Cooperation Council on the amendment of 
the relevant provisions and Annexes to the Trade, Development and Cooperation 
Agreement (TDCA) between the European Community and its Member States, on the 
one part, and the Republic of South Africa, on the other part, to align certain tariffs 
with those applied to the EU products by Botswana, Lesotho and Swaziland in the 
Annex 3 of the EU-SADC interim Economic Partnership Agreement  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular its 
Article 207(4) first subparagraph, in conjunction with Article 218(9), thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Agreement  on  Trade,  Development  and  Cooperation  between  the  European 
Community and its Member States, of the one part, and the Republic of South Africa, 
of  the  other  part3  (hereinafter  the  'Agreement')  has  been  approved  on  behalf  of  the 
Community by Decision 2004/441/EC of the Council of 26 April 20044. 

Article 97(3)  of  the  Agreement  provides  that  the  Cooperation  Council  shall  have  the 
power  to  take  decisions  in  respect  of  all  matters  covered  by  the  Agreement. 
Article 106(1) of the Agreement gives the Cooperation Council the power to decide on 
amendments put forward by any Party desirous of amending the Agreement. 

Article 3  of  Decision  2004/441/EC  recalls  that  the  position  to  be  taken  by  the 
Community  within  the  Cooperation  Council  shall  be  laid  down  by  the  Council  on  a 
proposal  from  the  Commission,  in  accordance  with  the  corresponding  provisions  of 
the  Treaty.  Furthermore,  Article 10  of  Decision  1/2001  of  the  Cooperation  Council 
(2001/631/EC5), adopting its rules of Procedure, authorises the Cooperation Council, 
to adopt decisions by means of a written procedure. 

Botswana,  Lesotho  and  Swaziland  are  members  of  the  Southern  Africa  Customs 
Union (SACU), together with South Africa and Namibia; 

An  interim  Economic  Partnership  Agreement  (EPA)  was  signed  with  Botswana, 
Lesotho and Swaziland on 4 June. It should be provisionally applied by each side as 

3 
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OJ L 311, 4.12.1999, p. 3. 
OJ L 127, 29.4.2004, p. 109. 
OJ L 221, 17.8.2001, p. 37. 

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(6) 

(7) 

(8) 

soon  as  such  provisional  application  is  notified  to  the  depositary,  as  provided  for  in 
Art. 105 of the Interim EPA. 

Customs  duties  applicable  to  products  imported  from  the  European  Union  into 
Botswana, Lesotho and Swaziland under the interim EPA and respectively under the 
EU-South  Africa  Trade  and  Development  Cooperation  Agreement  are  identical, 
except for a list of products falling within the 53 tariff lines;  

In  order  to  ensure  clarity,  long  term  economic  predictability  and  legal  certainty  for 
economic operators, facilitating the smooth free circulation of products within SACU, 
and preserving SACU tariff coherence, it is considered appropriate to consolidate into 
the  Trade,  Development  and  Cooperation  Agreement  with  the  Republic  of  South 
Africa, (TDCA)6, the same level of tariffs negotiated between the EU and Botswana, 
Lesotho,  Namibia  and  Swaziland  in  Annex  3  to  the  interim  Economic  Partnership 
Agreement, for 53 tariff lines.  

The TDCA tariff dismantling schedules of South Africa provided for in Article 12 and 
in Annex III, Lists 3, 4 and 5 (industrial products) and in Article 15 and in Annex VI, 
Lists 1, 2 and 3 (agricultural and processed agricultural products) should be amended 
with regards to 23 agricultural, 11 processed agricultural and 22 industrial tariff lines 
for which a new schedule for elimination of customs duties will apply as described in 
the draft Decision of the EC-South Africa Cooperation Council annexed to the present 
Decision, 

HAS ADOPTED THIS DECISION: 

Article 1 

1. 

The  position  to  be  adopted  by  the  European  Union  within  the  EC-South  Africa 
Cooperation  Council,  on  the amendment of the relevant provisions and Annexes to 
the  Trade,  Development  and  Cooperation  Agreement  between  the  European 
Community and its Member States, of the one part, and the Republic of South Africa, 
of  the  other  part,  shall  be  based  on  the  draft  Decision  of  the  Cooperation  Council 
annexed to this Decision. 

2. 

The representative of the European Union in the Cooperation Council is authorised 
to sign the Decision of the Cooperation Council in the name of the European Union. 

Article 2 

6 

OJ L 311, 4.12.1999, p. 2. 

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3. 

The Decision of the Cooperation Council shall be published in the Official Journal of 
the European Union as soon as it has been adopted. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

DRAFT DECISION N° …/2009 

OF THE EC-SOUTH AFRICA COOPERATION COUNCIL 

on the amendment of the relevant provisions and Annexes to the Trade, Development 
and Cooperation Agreement (TDCA) between the European Community and its 
Member States, on the one part, and the Republic of South Africa, on the other part, in 
order to align certain tariffs with those applied to the EU products by Botswana, 
Lesotho and Swaziland in the Annex 3 of the EU-SADC interim Economic Partnership 
Agreement  

THE EU-SOUTH AFRICA COOPERATION COUNCIL, 

Having  regard  to  the  Agreement  on  Trade,  Development  and  Cooperation  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republic  of  South 
Africa,  of  the  other  part7  (hereinafter  referred  to  as  the  'TDCA'),  signed  in  Pretoria  on 
11 October 1999 and entered into force on 1 May 2004, and in particular Articles 97(3) and 
106 (1) thereof; 

Having  regard  to  Decision  N°  1/2001  of  the  Cooperation  Council  between  the  European 
Community and its Member States, of the one part, and the Republic of South Africa, of the 
other part, of 26 June 2001 adopting the Rules of Procedure of the Cooperation Council8, and 
in particular Article 10 thereof, 

Whereas: 

(1) 

(2) 

In  order  to  ensure  clarity,  long  term  economic  predictability  and  legal  certainty  for 
economic  operators,  and  preserve  SACU  tariff  coherence,  the  parties  have  agreed  to 
consolidate into the TDCA the tariff preferences of 53 tariff lines, negotiated between 
the EU and Botswana, Lesotho and Swaziland in the Annex 3 of the interim Economic 
Partnership Agreement signed by both sides in June 2009.  

The  TDCA  tariff  dismantling  schedules  provided  for  in  Articles  12  and  15  and  in 
Annex III and Annex VI should be amended with regards to the 53 tariff lines, and the 
elimination  of  South  African  customs  duties  should  take  place  as  provided  for  in 
Article 2 and in the Annexes to this Decision,  

HAS DECIDED AS FOLLOWS: 

Lists 3, 4 and 5 of Annex III to the TDCA are replaced by the Lists 3, 4 and 5 in Annex I to 
this Decision. 

Article 1 

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8 

OJ L 311, 4.12.1999, p. 3. 
OJ L 221, 17.8.2001, p. 37. 

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Lists 1, 2 and 3 of Annex VI, to the TDCA are replaced by the Lists 1, 2 and 3 in Annex II to 
this Decision.  

Article 2 

The terms laid down in Article 12, paragraphs 4, 5, and 6 and Article 15 paragraphs 2,3 and 4 
of the TDCA for the dismantling of tariffs with respect to imports into South Africa of 
products which fall under the 53 tariff lines concerned shall be replaced by the terms laid 
down in Annexes I and II to this Decision.  

Article 3 

This Decision shall enter into force on …2010. 

Done at 

For the Cooperation Council 
The President 

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ANNEX I 

SOUTH AFRICA TARIFF ELIMINATION SCHEDULES 

TDCA Annex III, Lists 3, 4 and 5 

(Referred to in Article 12, paragraphs 4, 5 and 6 of the TDCA) 

IEPA  -  HS 
Code 
30.09.07 

HS96 

HS07 

Description 

Sector 

Staging 
category 
IEPA 

in 

Explanatory 
notes [IEPA] 

CurrentTDCA 
LIST  -  Annex 
VI 

Treatment  in  IEPA  - 
New 
in 
TDCA 

treatment 

1  3401.20 

SOAP IN THE FORM OF FLAKES, GRANULES OR POWDERS 

INDUST. 

List 5 

2  3406.00 

CANDLES, PLAIN, UNPERFUMED 

INDUST. 

List 5 

Regime2: 
rate: 12,6% 

base 

Annex 3 List 4 

Regime  2:  base 
rate: 12,6% 

Annex 3 List 4 

3  4818.10 

4  4818.20 

5  4818.30 

6  4818.40 

TOILET PAPER IN ROLLS OF A WIDTH OF <= 36CM, WEIGHING 
PER PLY <=25 G/M2 

INDUST. 

List 5 

Regime  2:  base 
rate: 10,0% 

Annex  3  LIST 
3 

HANDKERCHIEFS,  CLEANSING  OR  FACIAL  TISSUES  AND 
TOWELS, OF PAPER PULP, PAPER, CELLULOSE WADDING OR 
WEBS OF CELLULOSE FIBRES 

INDUST. 

List 5 

Regime  2:  base 
rate: 10,0% 

Annex  3  LIST 
3 

TABLECLOTHS  AND  SERVIETTES  OF  PAPER  PULP,  PAPER, 
CELLULOSE WADDING OR WEBS OF CELLULOSE FIBRES 

INDUST. 

List 5 

Regime  2:  base 
rate: 10,0% 

Annex  3  LIST 
3 

SANITARY  TOWELS  OF  PAPER  PULP,  PAPER,  CELLULOSE 
WADDING OR WEBS OF CELLULOSE FIBRES 

INDUST. 

List 5 

Regime  2:  base 
rate: 10,0% 

Annex  3  LIST 
3 

EN 

11 

Freeze  TDCA  (12,6%) 
to 
2011 
Liberalise 
2015. DFQF 2015, 

Freeze  TDCA  (12,6%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (10%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (10%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (10%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (10%) 
to 
2011 
Liberalise 
2015. DFQF 2015, 

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7  4818.90 

11  6115.99 

12  6204.22.00 

PAPER,  CELLULOSE  WADDING  OR  WEBS  OF  CELLULOSE 
FIBRES,  OF  A  KIND  USED  FOR  HOUSEHOLD  OR  SANITARY 
PURPOSESS,  IN  ROLLS  OF  A  WIDTH  <=  36CM,  OR  CUT  TO 
SIZE  OR  SHAPE;  ARTICLES  OF  PAPER  PULP,  PAPER, 
CELLULOSE WADDING OR WEBS OF CELLULOSE FIBRES FOR 
HOUSEHOLD 

FULL-LENGTH  OR  KNEE-LENGTH  STOCKINGS,  SOCKS  AND 
OTHER  HOSIERY,  INC.  STOCKINGS  FOR  VARICOSE  VEINS 
AND  FOOTWEAR  WITHOUT  APPLIED  SOLES  OF  TEXTILE 
MATERIALS, KNITTED OR CROCHETED  (EXC. OF WOOL,  FINE 
ANIMAL HAIR, COTTON OR SYNTHETIC FIBRES, PANTYHOSE) 

WOMEN'S  OR  GIRL'S  ENSEMBLES  OF  COTTON,  INDUSTRIAL 
AND OCCUPATIONAL (EXCL. KNITTED OR CROCHETED) 

INDUST. 

List 5 

Regime  2:  base 
rate: 10% 

Annex  3  List  5 
textile-clothing 

INDUST. 

List 5 

Regime  2:  base 
rate: 20% 

Annex  3  List  5 
textile-clothing 

INDUST. 

List 5 

Regime  2:  base 
rate: 10,0% 

Annex  3  LIST 
3 

Freeze  TDCA  (10%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

13  6601.10 

GARDEN OR SIMILAR UMBRELLAS (EXCL. BEACH TENTS) 

INDUST. 

List 5 

Regime  2:  base 
rate: 18,9% 

Annex 3 List 4 

14  6601.91 

UMBRELLAS  HAVING  A  TELESCOPIC  SHAFT  (EXCL.  TOY 
UMBRELLAS) 

INDUST. 

List 5 

Regime  2:  base 
rate: 18,9% 

Annex 3 List 4 

15  6601.99 

16  8528.4910 

17  8528.7210 

UMBRELLAS  AND  SUN  UMBRELLAS,  INCL.  WALKING-STICK 
UMBRELLAS  (EXCL.  UMBRELLAS  WITH  A  COVER  OF  WOVEN 
TEXTILE  MATERIALS  AND  UMBRELLAS  HAVING  A 
TELESCOPIC  SHAFT,  GARDEN  UMBRELLAS  AND  THE  LIKE, 
AND TOY UMBRELLAS) 

INDUST. 

List 5 

Regime  2:  base 
rate: 18,9% 

Annex 3 List 4 

VIDEO MONITORS, COLOUR, WITH CATHODE RAY TUBE WITH 
A  SCREEN  WIDTH/HEIGHT  RATIO  >=  1,5  WITH  SCANNING 
PARAMETERS OF >625 LINES 

INDUST. 

List 5 

Regime  2:  base 
rate: 15,75% 

Annex 3 List 4 

TUNERS 

VIDEO 
INCORPORATION 
MACHINES 

ELECTRONIC 

FOR 
INTO  AUTOMATIC  DATA-PROCESSING 

ASSEMBLIES 

INDUST. 

List 5 

Regime  2:  base 
rate: 15,75% 

Annex 3 List 4 

EN 

12 

Freeze  TDCA  (20%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (10%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (18,9%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (18,9%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (18,9%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

TDCA 
Freeze 
(15,75%) 
Liberalise 
2011  to  2015.  DFQF 
2015, 

TDCA 
Freeze 
(15,75%) 
Liberalise 
2011  to  2015.  DFQF 
2015, 

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18  8528.7310 

19  9607.11 

20  9607.19 

TELEVISION  RECEIVERS,  BLACK  AND  WHITE  OR  OTHER 
MONOCHROME,  WHETHER  OR  NOT  INCORPORATING  RADIO-
BROADCAST  RECEIVERS  OR  SOUND  OR  VIDEO  RECORDING 
OR REPRODUCING APPARATUS 

INDUST. 

List 5 

Regime  2:  base 
rate: 15,75% 

Annex 3 List 4 

SLIDE  FASTENERS  FITTED  WITH  CHAIN  SCOOPS  OF  BASE 
METAL) 

INDUST. 

List 5 

Regime  2:  base 
rate: 12,6% 

Annex 3 List 4 

SLIDE  FASTENERS  (EXC.  FITTED  WITH  CHAIN  SCOOPS  OF 
BASE METAL) 

INDUST. 

List 5 

Regime  2:  base 
rate: 12,6% 

Annex 3 List 4 

21  9607.2050 

PARTS OF SLIDE FASTENERS OF BASE METAL 

INDUST. 

List 5 

22  9607.2090 

PARTS OF SLIDE FASTENERS (OTHER THAN OF BASE METAL) 

INDUST. 

List 5 

Regime  2:  base 
rate: 12,6% 

Annex 3 List 4 

Regime  2:  base 
rate: 9,45% 

Annex 3 List 4 

TDCA 
Freeze 
(15,75%) 
Liberalise 
2011  to  2015.  DFQF 
2015, 

Freeze  TDCA  (12,6%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (12,6%) 
to 
2011 
Liberalise 
2015. DFQF 2015, 

Freeze  TDCA  (12,6%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

Freeze  TDCA  (9,45%) 
Liberalise 
to 
2011 
2015. DFQF 2015, 

EN 

13 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
ANNEX II 

SOUTH AFRICA TARIFF ELIMINATION SCHEDULES 

TDCA Annex VI, Lists 1, 2 and 3 

(Referred to in Article 15, paragraphs 2, 3 and 4 of the TDCA) 

-  HS 

IEPA 
Code 
30.09.07 

HS96 

HS07 

Description 

Sector 

Staging 
category 
IEPA 

in 

Explanatory 
notes [IEPA] 

CurrentTDCA 
LIST  -  Annex 
VI 

Treatment  in  IEPA  - 
New 
in 
TDCA 

treatment 

1  0207.12 

02071200 

02071210 

FROZEN  FOWLS  OF  SPECIES  GALLUS  DOMESTICUS, 
PLUCKED  AND  DRAWN,  WITHOUT  HEADS  AND  FEET  BUT 
WITH  NECKS,  HEARTS,  LIVERS  AND  GIZZARDS,  KNOWN  AS 
"70% CHICKENS 

Agriculture 

List 5 

Regime  1  (base 
rate: 17,01%) 

Annex VI, LIST 
3 

2  0207.14.20 

02071420 

02071420 

FROZEN  HALVES  OR  QUARTERS  OF  FOWLS  OF  THE 
SPECIES GALLUS DOMESTICUS 

Agriculture 

List 5 

Regime  2:  (base 
rates: 21,6%) 

Annex VI, LIST 
3 

3  0207.14.90 

02071490 

02071499 

FROZEN  EDIBLE  OFFAL  OF  FOWLS  OF  THE  SPECIES 
GALLUS DOMESTICUS (EXCL. LIVERS) - OTHER 

Agriculture 

List 5 

Regime  1:  (base 
rate: 
138,6c/kg) 
(N.B.incorrect 
duty in IEPA) 

Annex VI, LIST 
2 

4  0408.11 

04081100 

04081180 

EGG YOLKS, DRIED, FOR HUMAN CONSUMPTION, WHETHER 
OR  NOT  CONTAINING  ADDED  SUGAR  OR  OTHER 
SWEETENING MATTER 

Agriculture 

List 5 

Regime  2:  base 
rate: 11,97% 

Annex VI, LIST 
3 

5  0408.19 

04081900 

04081989 

(OTHER  THAN  LIQUID),  FROZEN  OR 
EGG  YOLKS 
OTHERWISE 
FOR  HUMAN 
CONSUMPTION,  WHETHER  OR  NOT  CONTAINING  ADDED 
SUGAR OR OTHER SWEETENING MATTER (EXCL. DRIED) 

PRESERVED, 

SUITABLE 

Agriculture 

List 5 

Regime  2:  base 
rate: 11,97% 

Annex VI, LIST 
3 

EN 

14 

rate 

at 
Freeze 
level 
2007TDCA 
(17.01%).  No  further 
liberalisation  at 
this 
stage. 

Average  Of  MFN 
(27%) 
and  TDCA 
(0%) Rates. Liberalise 
2011  to  2015.  DFQF 
2015. 

rate 

at 
Freeze 
2007TDCA 
level 
(138.6c/kg)  No  further 
liberalisation  at 
this 
stage. 

TDCA 
Freeze 
(11.97%) 
Liberalise 
2011  to  2015.  DFQF 
2015, 

TDCA 
Freeze 
(11.97%) 
Liberalise 
2011  to  2015.  DFQF 
2015 

EN 

 
  
  
6  0408.91 

04089100 

04089180 

7  0408.99 

04089900 

04089980 

DRIED  BIRDS''  EGGS,  NOT  IN  SHELL,  WHETHER  OR  NOT 
CONTAINING  ADDED  SUGAR  OR  OTHER  SWEETENING 
MATTER,  SUITABLE  FOR  HUMAN  CONSUMPTION  (EXCL. 
EGG YOLKS) 

IN  SHELL,  FRESH,  COOKED  BY 
BIRDS''  EGGS,  NOT 
STEAMING  OR  BY  BOILING  IN  WATER,  MOULDED,  FROZEN 
OR  OTHERWISE  PRESERVED,  WHETHER  OR  NOT 
CONTAINING  ADDED  SUGAR  OR  OTHER  SWEETENING 
MATTER,  SUITABLE  FOR  HUMAN  CONSUMPTION  (EXCL. 
DRIED AND EGG YOLKS) 

Agriculture 

List 5 

Regime  2:  base 
rate: 11,97% 

Annex VI, LIST 
3 

Agriculture 

List 5 

Regime  2:  base 
rate: 11,97% 

Annex VI, LIST 
3 

8  0409.00 

04090000 

04090000  NATURAL HONEY 

Agriculture 

List 5 

Regime  2:  base 
rate: 13,86% 

Annex VI, LIST 
3 

9  1102.90.90 

11029090  11029090 

CEREAL FLOURS (EXCL. WHEAT, MESLIN, RYE, MAIZE, RICE, 
BARLEY AND OAT) 

Agriculture 

List 5 

Regime  1:  base 
rate: 0,409c/kg 

Annex VI, LIST 
3 

10  1602.32.10 

16023210 

16023211 

UNCOOKED,  PREPARED  OR  PRESERVED  MEAT  OR  MEAT 
OFFAL  OF  FOWLS  OF  THE  SPECIES  GALLUS  DOMESTICUS 
CONTAINING  >=  57%  MEAT  OR  OFFAL  OF  POULTRY  (EXCL. 
SAUSAGES  AND  SIMILAR  PRODUCTS,  AND  PREPARATIONS 
OF LIVER) 

Agriculture 

List 5 

Regime  1:  base 
rate: 12,6% 

Annex VI, LIST 
3 

TDCA 
Freeze 
(11.97%) 
Liberalise 
2011  to  2015.  DFQF 
2015 

TDCA 
Freeze 
(11.97%) 
Liberalise 
2011  to  2015.  DFQF 
2015 

TDCA 
Freeze 
(13.86%) 
Liberalise 
2011  to  2015.  DFQF 
2015 

rate 

at 
Freeze 
level 
2007TDCA 
(0.409c/kg). 
No 
further liberalisation at 
this stage. 

rate 

Freeze 
2007TDCA 
(12.6%)  no 
liberalisation  at 
stage. 

at 
level 
further 
this 

11  2003.10.10 

20031010 

20031020 

MUSHROOMS  OF  THE  GENUS  AGARICUS,  PROVISIONALLY 
PRESERVED  OTHERWISE  THAN  BY  VINEGAR  OR  ACETIC 
ACID, COMPLETELY COOKED 

Agriculture 

List 5 

Regime  2:  basic 
rate: 12,6% 

Annex VI, LIST 
3 

Freeze TDCA (12.6%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

12  2003.10.90 

20031090 

20031030 

MUSHROOMS  OF  THE  GENUS  AGARICUS,  PREPARED  OR 
PRESERVED  OTHERWISE  THAN  BY  VINEGAR  OR  ACETIC 
ACID  (EXCL.  COMPLETELY  COOKED  MUSHROOMS  AND 
PROVISIONALLY PRESERVED MUSHROOMS) 

Agriculture 

List 5 

Regime  2:  basic 
rate: 12,6% 

Annex VI, LIST 
3 

13  2003.90.10 

20039010  20039000 

MUSHROOMS,  PREPARED  OR  PRESERVED  OTHERWISE 
THAN  BY  VINEGAR  OR  ACETIC  ACID  (EXCL.  MUSHROOMS 
OF THE GENUS "AGARICUS")") 

Agriculture 

List 5 

Regime  2:  basic 
rate: 12,6% 

Annex VI, LIST 
3 

EN 

15 

Freeze TDCA (12.6%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

Freeze TDCA (12.6%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

EN 

 
  
14  2003.90.90 

20039090  20039000 

MUSHROOMS,  PREPARED  OR  PRESERVED  OTHERWISE 
THAN  BY  VINEGAR  OR  ACETIC  ACID  (EXCL.  MUSHROOMS 
OF THE GENUS "AGARICUS") 

Agriculture 

List 5 

Regime  2:  basic 
rate: 12,6% 

Annex VI, LIST 
3 

15  2005.51 

20055100 

20055100 

"VIGNA  SPP.,  PHASEOLUS  SPP.", 
SHELLED  BEANS 
PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR 
OR ACETIC ACID (EXCL. FROZEN)") 

Agriculture 

List 5 

Regime  2:  basic 
rate: 2,614c/kg 

Annex VI, LIST 
3 

16  2005.59 

20055900 

20055900 

"VIGNA  SPP.,  PHASEOLUS  SPP.", 
UNSHELLED  BEANS 
PREPARED OR PRESERVED OTHERWISE THAN BY VINEGAR 
OR ACETIC ACID (EXCL. FROZEN)") 

Agriculture 

List 5 

Regime  2:  basic 
rate: 2,614c/kg 

Annex VI, LIST 
3 

17  2007.10 

20071000 

20071010 

18  2007.91 

20079100 

20079190 

HOMOGENISED  PREPARATIONS  OF  JAMS,  FRUIT  JELLIES, 
MARMALADES,  FRUIT  OR  NUT  PURE  AND  PASTES, 
OBTAINED  BY  COOKING,  PUT  UP  FOR  RETAIL  SALE  AS 
INFANT  FOOD  OR  FOR  DIETETIC  PURPOSES, 
IN 
CONTAINERS OF <= 250 G, WITH SUGAR CONTENT OF > 13% 
BY WEIGHT 

CITRUS  FRUIT  JAMS,  JELLIES,  MARMALADES,  PURES  OR 
PASTES,  OBTAINED  BY  COOKING,  WHETHER  OR  NOT 
CONTAINING  ADDED  SUGAR  OR  OTHER  SWEETENING 
MATTER  (EXCL.  WITH  SUGAR  CONTENT  OF  >  13%  BY 
WEIGHT 
PREPARATIONS  OF 
SUBHEADING 2007.10) 

AND  HOMOGENISED 

Agriculture 

List 5 

Regime  2:  base 
rate: 24% 

Annex VI, LIST 
2 

Agriculture 

List 5 

Regime  2:  base 
rate: 24% 

Annex VI, LIST 
2 

Freeze TDCA (12.6%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

Freeze 
TDCA 
(2.614C/kg)  Liberalise 
2011  to  2015.  DFQF 
2015 

Freeze 
TDCA 
(2.614C/kg)  Liberalise 
2011  to  2015.  DFQF 
2015 

Average  Of  MFN 
(30%  or  4.5c/kg)  and 
(0)  Rates. 
TDCA 
Liberalise  2011 
to 
2015. DFQF 2015. 

Average  Of  MFN 
(30%  or  4.5c/kg)  and 
(0)  Rates. 
TDCA 
Liberalise  2011 
to 
2015. DFQF 2015. 

19  2009.69 

20096100  20096911 

GRAPE  JUICE,  INCL.  GRAPE  MUST,  UNFERMENTED,  BRIX 
VALUE  >  67  AT  20  C,  VALUE  OF  <=  22  €  PER  100  KG, 
WHETHER OR NOT CONTAINING ADDED SUGAR OR OTHER 
SWEETENING MATTER (EXCL. CONTAINING SPIRIT) 

Agriculture 

List 5 

Regime  2:  base 
rate: 3,15% 

Annex VI, LIST 
3 

Freeze TDCA (3.15%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

20  2009.80.10 

20098010  20098011 

PEAR  JUICE,  UNFERMENTED,  BRIX  VALUE  >  67  AT  20  C, 
VALUE  OF  <=  22  €  PER  100  KG,  WHETHER  OR  NOT 
CONTAINING  ADDED  SUGAR  OR  OTHER  SWEETENING 
MATTER (EXCL. CONTAINING SPIRIT) 

Agriculture 

List 5 

Regime  2:  base 
rate: 12,6% 

Annex VI, LIST 
3 

21  5201.00.20 

52010020  52010010 

COTTON,  NEITHER  CARDED  NOR  COMBED,  RENDERED 
ABSORBENT OR BLEACHED 

Agriculture 

List 5 

Regime  2:  base 
rate: 148c/kg 

Annex VI, LIST 
3 

EN 

16 

Freeze TDCA (12.6%) 
Liberalise  2011 
to 
2015. DFQF 2015. 

Average  Of  MFN 
(160c/kg)  and  TDCA 
Rates. 
(100.8c/kg) 
to 
Liberalise  2011 
2015. DFQF 2015. 

EN 

 
  
22  5201.00.90 

52010090  52010090 

COTTON,  NEITHER  CARDED  NOR  COMBED 
RENDERED ABSORBENT OR BLEACHED) 

(EXCL. 

Agriculture 

List 5 

Regime  2:  base 
rate: 9,45% 

Annex VI, LIST 
3 

23  5203.00 

52030000  52030000  COTTON, CARDED OR COMBED 

Agriculture 

List 5 

Regime  2:  base 
rate: 9,45% 

Annex VI, LIST 
3 

24  1806.10 

18061000 

18061000 

COCOA  POWDER  CONTAINING  ADDED  SUGAR  OR  OTHER 
SWEETENING MATTER 

Agriculture 
PAPS 

- 

List 5 

Regime  2:  base 
rate 10.71% 

Annex VI, LIST 
3 

25  1806.20.10 

18062010 

18062010 

CHOCOLATE  AND  OTHER  FOOD  PREPARATIONS  (OTHER), 
IN  BLOCKS,  SLABS  OR  BARS  WEIGHING  >  2  KG  OR  IN 
LIQUID,  PASTE,  POWDER,  GRANULAR  OR  OTHER  BULK 
FORM,  IN  CONTAINERS  OR  IMMEDIATE  PACKINGS  OF  A 
CONTENT  >  2  KG  (EXCL.  COCOA  POWDER):  CHOCOLATE 
AND SUGAR CONFECTIONERY CONTAINING COCOA 

Agriculture 
PAPS 

- 

List 5 

Regime  2:  base 
rate 13.23% 

Annex VI, LIST 
3 

26  1806.20.90 

18062090 

18062090 

CHOCOLATE  AND  OTHER  FOOD  PREPARATIONS, 
IN 
BLOCKS,  SLABS  OR  BARS  WEIGHING  >  2  KG  OR  IN  LIQUID, 
PASTE,  POWDER,  GRANULAR  OR  OTHER  BULK  FORM,  IN 
CONTAINERS OR IMMEDIATE PACKINGS OF A CONTENT > 2 
KG (EXCL. COCOA POWDER): OTHER 

Agriculture 
PAPS 

27  1806.31 

18063100 

18063100 

CHOCOLATE  AND  OTHER  PREPARATIONS  CONTAINING 
COCOA, IN BLOCKS, SLABS OR BARS OF <= 2 KG, FILLED 

Agriculture 
PAPS 

28  1806.32 

180632 

180632 

CHOCOLATE  AND  OTHER  PREPARATIONS  CONTAINING 
COCOA,  IN  BLOCKS,  SLABS  OR  BARS  OF  <=  2  KG,  WITH 
ADDED CEREAL, FRUIT OR NUTS (EXCL. FILLED) 

Agriculture 
PAPS 

29  1902.11 

19021100 

19021100 

UNCOOKED  PASTA,  NOT  STUFFED  OR  OTHERWISE 
PREPARED, CONTAINING EGGS 

Agriculture 
PAPS 

30  1902.19 

19021900 

19021900 

UNCOOKED  PASTA,  NOT  STUFFED  OR  OTHERWISE 
PREPARED, NOT CONTAINING EGGS 

Agriculture 
PAPS 

- 

- 

- 

- 

- 

List 5 

List 5 

List 5 

List 5 

List 5 

Regime  2:  base 
rate 10.71% 

Annex VI, LIST 
3 

Regime  2:  base 
rate 12.6% 

Annex VI, LIST 
3 

Regime  2:  base 
rate 12.6% 

Annex VI, LIST 
3 

Regime  2:  base 
rate 18.9% 

Annex VI, LIST 
3 

Regime  2:  base 
rate 18.9% 

Annex VI, LIST 
3 

EN 

17 

Freeze TDCA (9.45%) 
Liberalise  2011 
to 
2015. DFQF 2015, 

Freeze TDCA (9.45%) 
to 
Liberalise  2011 
2015. DFQF 2015, 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

EN 

 
  
31  1905.20 

19052000 

19052000 

GINGERBREAD  AND  THE  LIKE,  WHETHER  OR  NOT 
CONTAINING COCOA 

Agriculture 
PAPS 

32  1905.32 

19053000 

19053200  WAFFLES AND WAFERS 

Agriculture 
PAPS 

33  1905.40 

19054000 

19054000 

RUSKS,  TOASTED  BREAD  AND  SIMILAR  TOASTED 
PRODUCTS 

Agriculture 
PAPS 

34  2203.00.90 

22030090 

22030090  BEER MADE FROM MALT 

Agriculture 
PAPS 

- 

- 

- 

- 

List 5 

List 5 

List 5 

List 5 

Regime  3:  base 
rate 13.23% 

Annex VI, LIST 
3 

Regime  3:  base 
rate 13.23% 

Annex VI, LIST 
3 

Regime  3:  base 
rate 13.23% 

Annex VI, LIST 
3 

Regime  2:  base 
rate 5% 

Annex VI, LIST 
1 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Freeze  at  TDCA  rate 
of  2007  and  liberalise 
2011-2015 

Reintroduce 
MFN 
(MFN rate = 5% of fob 
value)  and  liberalise 
2011-2015 

EN 

18 

EN