Commission Implementing Regulation (EU) No 812/2012 of 12 September 2012 amending Council Regulation (EC) No 747/2001 as regards tariff quotas of the Union for certain agricultural and processed agricultural products originating in Morocco
Date: 2012-09-12
Institutions: European Commission
Subjects: Morocco, bulb vegetable, citrus fruit, free circulation, fruit vegetable, import (EU), originating product, soft fruit, sugar, suspension of customs duties, tariff quota




L_2012247EN.01000701.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 812/2012
of 12 September 2012
         
amending Council Regulation (EC) No 747/2001 as regards tariff quotas of the Union for certain agricultural and processed agricultural products originating in Morocco


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 (1), and in particular Article 5(1)(b) thereof,

Whereas:







(1)


An Agreement has been concluded in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments to the euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (‘the Agreement’) (2). The Agreement was approved on behalf of the Union by Council Decision 2012/497/EU (3).












(2)


The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Morocco. It also provides for changes to existing tariff quotas for those products that are laid down in Regulation (EC) No 747/2001.












(3)


Furthermore, the Agreement no longer provides for tariff concessions applicable in the framework of reference quantities that are laid down in Regulation (EC) No 747/2001.












(4)


It is necessary to implement the new tariff quotas, the changes to the existing tariff quotas and the end of reference quantities, as provided for in the Agreement. Regulation (EC) No 747/2001 should therefore be amended accordingly.












(5)


For the purpose of calculating the tariff quotas for the first year of application, provision should be made, in accordance with the Agreement, that the volumes of the tariff quotas for which the quota period began prior to the date of entry into force of the Agreement should be reduced by a proportion relating to that part of the period which had elapsed before that date.












(6)


The monthly use of the additional tariff quota that applies from 1 November to 31 May for imports into the European Union of fresh or chilled tomatoes originating in Morocco should, in accordance with the Agreement, be limited to 30 % of its initial volume of 28 000 tonnes net weight.












(7)


As the Agreement enters into force on 1 October 2012, this Regulation should apply from that date.












(8)


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 747/2001 is amended as follows:






(1)


Article 3a is replaced by the following:

‘Article 3a
Special provisions for the tariff quotas for tomatoes originating in Morocco

1.   For tomatoes of CN code 0702 00 00  placed into free circulation in every period from 1 October to 31 May (hereinafter “marketing year”), drawings on the monthly tariff quotas laid down in Annex II under order number 09.1104 from 1 October to 31 December and from 1 January to 31 March respectively, shall be stopped each year on 15 January and on the second working day in the Commission following 1 April. On the following working day in the Commission, the Commission services will determine the unused balance of each of these tariff quotas and will make available that unused balance within the additional tariff quota applicable for that marketing year under the order number 09.1112.
From the dates on which the monthly tariff quotas are stopped, any retroactive drawings from any of the stopped monthly tariff quotas applicable during the months of November, December and January to March, and any returns of unused volumes to any of the stopped monthly tariff quotas shall be made on the additional tariff quota applicable under the order number 09.1112 for that marketing year. Detailed provisions for the management of the tariff quota under order number 09.1112 are included under paragraph 2.


2.   The monthly use of the additional tariff quota laid down in Annex II under order number 09.1112 for the period from 1 November to 31 May for tomatoes of CN code 0702 00 00  originating in Morocco placed into free circulation in the European Union shall be limited to 30 % of its initial volume of 28 000 tonnes net weight.
The tariff quota under order number 09.1112 shall be managed as a parent tariff quota with seven monthly sub-tariff quotas applicable under the order number 09.1193.
The benefit from this tariff concession can be granted only by declaring the order number 09.1193.’;












(2)


Annex II is replaced by the text set out in the Annex to this Regulation.






Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 October 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 109, 19.4.2001, p. 2.

(2)  
            OJ L 241, 7.9.2012, p. 4.

(3)  
            OJ L 241, 7.9.2012, p. 2.




ANNEX




                     ‘ANNEX II

MOROCCO

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 in accordance with Commission Implementing Regulation (EU) No 1006/2011(OJ L 282, 28.10.2011, p. 1). Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

Tariff quotas












Order No


CN code


TARIC sub-division


Description of goods


Quota period


Quota volume (in tonnes net weight)


Quota duty




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.10 to 31.10.2012


13 350 


Exemption (1)
 (2)





From 1.10 to 31.10.2013


13 800 




From 1.10 to 31.10.2014


14 250 




From 1.10 to 31.10.2015 and for each period thereafter from 1.10 to 31.10


14 700 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.11 to 30.11.2012


34 900 


Exemption (1)
 (2)





From 1.11 to 30.11.2013


36 100 




From 1.11 to 30.11.2014


37 300 




From 1.11 to 30.11.2015 and for each period thereafter from 1.11 to 30.11


38 500 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.12 to 31.12.2012


39 450 


Exemption (1)
 (2)





From 1.12 to 31.12.2013


40 800 




From 1.12 to 31.12.2014


42 150 




From 1.12 to 31.12.2015 and for each period thereafter from 1.12 to 31.12


43 500 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.1 to 31.1.2013


39 450 


Exemption (1)
 (2)





From 1.1 to 31.1.2014


40 800 




From 1.1 to 31.1.2015


42 150 




From 1.1 to 31.1.2016 and for each period thereafter from 1.1 to 31.1


43 500 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.2 to 28.2.2013


39 450 


Exemption (1)
 (2)





From 1.2 to 28.2.2014


40 800 




From 1.2 to 28.2.2015


42 150 




From 1.2 to 29.2.2016 and for each period thereafter from 1.2 to 28/29.2


43 500 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.3 to 31.3.2013


39 450 


Exemption (1)
 (2)





From 1.3 to 31.3.2014


40 800 




From 1.3 to 31.3.2015


42 150 




From 1.3 to 31.3.2016 and for each period thereafter from 1.3 to 31.3


43 500 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.4 to 30.4.2013


20 700 


Exemption (1)
 (2)





From 1.4 to 30.4.2014


21 400 




From 1.4 to 30.4.2015


22 100 




From 1.4 to 30.4.2016 and for each period thereafter from 1.4 to 30.4


22 800 




09.1104


0702 00 00 


 


Tomatoes, fresh or chilled


From 1.5 to 31.5.2013


6 250 


Exemption (1)
 (2)





From 1.5 to 31.5.2014


6 500 




From 1.5 to 31.5.2015


6 750 




From 1.5 to 31.5.2016 and for each period thereafter from 1.5 to 31.5


7 000 




09.1112 (3)



0702 00 00 


 


Tomatoes, fresh or chilled


From 1.11.2012 to 31.5.2013 and for each period thereafter from 1.11 to 31.5


28 000 


Exemption (1)
 (2)





09.1100


0703 20 00 


 


Garlic, fresh or chilled


From 1.10 to 31.12.2012


375 


Exemption




From 1.1 to 31.12.2013 and for each year thereafter


1 500 




09.1137


0707 00 05 


 


Cucumbers, fresh or chilled


From 1.11.2012 to 31.5.2013


15 000 


Exemption (1)
 (4)





From 1.11.2013 to 31.5.2014


15 450 




From 1.11.2014 to 31.5.2015


15 900 




From 1.11.2015 to 31.5.2016


16 350 




From 1.11.2016 to 31.5.2017 and for each period thereafter from 1.11 to 31.5


16 800 




09.1133


0709 93 10 


 


Courgettes, fresh or chilled


From 1.10.2012 to 20.4.2013


50 000 


Exemption (1)
 (5)





From 1.10.2013 to 20.4.2014


51 500 




From 1.10.2014 to 20.4.2015


53 000 




From 1.10.2015 to 20.4.2016


54 500 




From 1.10.2016 to 20.4.2017 and for each period thereafter from 1.10 to 20.4


56 000 




09.1130


ex 0805 20 10 


05 


Clementines, fresh


From 1.11.2012 to 28.2.2013 and for each period thereafter from 1.11 to 28/29.2


175 000 


Exemption (1)
 (6)





09.1118


0810 10 00 


 


Strawberries, fresh


From 1.4 to 30.4.2013 and for each period thereafter from 1.4 to 30.4


3 600 


Exemption




09.1101


0810 10 00 


 


Strawberries, fresh


From 1.5 to 31.5.2013 and for each period thereafter from 1.5 to 31.5


1 000 


6,4 MIN 1,2 EUR/100 kg/net




09.1103


1702 50 00 


 


Chemically pure fructose


From 1.10 to 31.12.2012


150 


Exemption




From 1.1 to 31.12.2013 and for each year thereafter


600 









(1)  The exemption applies only to the ad valorem part of the duty.

(2)  Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR 461/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

(3)  To limit the monthly use of this tariff quota to 8 400 tonnes net weight, it is managed as a parent tariff quota with seven monthly sub-tariff quotas applicable under the order number 09.1193. The benefit from this tariff quota is applied for by declaring solely the order number of the sub-tariff quota 09.1193.

(4)  Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR 449/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

(5)  Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than:






—


EUR 424/tonne from 1 October to 31 January and from 1 to 20 April, being the entry price agreed between the European Union and Morocco,










—


during the period from 1 February to 31 March the “WTO” entry price of EUR 413/tonne which is more favourable than the agreed entry price shall apply.




If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

(6)  Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR 484/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.’