Commission Implementing Regulation (EU) 2015/2405 of 18 December 2015 opening and providing for the management of EU tariff quotas for agricultural products originating in Ukraine
Date: 2015-12-18
Institutions: European Commission
Subjects: Ukraine, agricultural product, common organisation of markets, import (EU), originating product, suspension of customs duties, tariff quota








L_2015333EN.01008901.xml










19.12.2015   


EN


Official Journal of the European Union


L 333/89








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/2405
of 18 December 2015
         
opening and providing for the management of EU tariff quotas for agricultural products originating in Ukraine


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular point (a) of Article 187 thereof,

Whereas:







(1)


Council Decision 2014/668/EU (2) authorised the signature, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy and their Member States, of the one part, and Ukraine, of the other part (3) (‘the Agreement’) as regards certain provisions of that Agreement. Article 29(1) of the Agreement stipulates that customs duties on imports of goods originating in Ukraine must be reduced or eliminated in accordance with Annex I-A to Chapter I of Title IV of that Agreement. The Appendix to that Annex lists the import tariff quotas for certain goods originating in Ukraine, including agricultural products falling within the scope of Regulation (EU) No 1308/2013.












(2)


Pending the provisional application of the Agreement, in accordance with Regulation (EU) No 374/2014 of the European Parliament and of the Council (4), import tariff quotas for certain goods originating in Ukraine were opened for 2014 and 2015 and managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 (5).












(3)


The Agreement will be provisionally applied as of 1 January 2016. It is therefore necessary to open annual import tariff quotas for the agricultural products listed in Annex I-A to Chapter 1 of Title IV of the Agreement as of 1 January 2016.












(4)


As provided for in the Agreement, in order to benefit from the tariff concessions provided for in this Regulation, the products listed in the Annex should be accompanied by proof of origin.












(5)


The combined nomenclature (CN) set out in Annex I to Council Regulation (EEC) No 2658/87 (6), as amended by Commission Implementing Regulation (EU) No 1101/2014 (7), contains new CN codes which differ from those referred to in the Agreement. The Annex to this Regulation should therefore reflect the new CN codes.












(6)


The Agreement is to be applied provisionally in part as of 1 January 2016. In order to ensure the effective application and management of the tariff quotas granted under the Agreement, this Regulation should apply from 1 January 2016.












(7)


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





HAS ADOPTED THIS REGULATION:



Article 1
EU tariff quotas shall be opened for the products listed in the Annex originating in Ukraine.


Article 2
Customs duties applicable to imports into the Union of products listed in the Annex and originating in Ukraine shall be suspended within the respective tariff quotas set out in the Annex.


Article 3
The products listed in the Annex shall be accompanied by proof of origin as set out in Annex III to Protocol I to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part.


Article 4
The tariff quotas set out in the Annex shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93.


Article 5
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 January 2016.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2015.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

(3)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

(4)  Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).

(5)  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 (OJ L 253, 11.10.1993, p. 1).

(6)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(7)  Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).




ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.









Order No


CN code


Description of goods


Quota period


Annual quota volume
(in tonnes net weight unless otherwise specified)




09.6700


0204 22 50 
0204 22 90 


Sheep legs, other cuts with bone (excluding carcasses and half carcasses, short forequarters and chines and/or best ends), fresh or chilled


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12.


1 500  (1)





0204 23 


Boneless meat of sheep, fresh or chilled




0204 42 30 
0204 42 50 
0204 42 90 


Frozen cuts of sheep, with bone in (excluding carcasses and half-carcasses, and short forequarters)




0204 43 10 
0204 43 90 


Frozen meat of lamb, boneless
frozen meat of sheep, boneless




09.6701


0409 


Natural honey


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12.


5 000  (2)





09.6702


0703 20 


Garlic, fresh or chilled


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


500




09.6703


1004 


Oats


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


4 000 




09.6704


1701 12 


Raw beet sugar not containing added flavouring or colouring matter


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


20 070 




1701 91 


 




1701 99 


Other sugar than raw sugar




1702 20 10 


Maple sugar in solid form, containing added flavouring or colouring matter




1702 90 30 


Isoglucose in solid form, containing in the dry state 50 % by weight of fructose




1702 90 50 


Maltodextrine in solid form and maltodextrine syrup, containing in the dry state 50 % by weight of fructose




1702 90 71 
1702 90 75 
1702 90 79 


Caramel




1702 90 80 


Inulin syrup




1702 90 95 


Other sugars, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose




09.6705


1702 30 
1702 40 


Glucose and glucose syrup, not containing fructose or containing in the dry state less than 50 % by weight of fructose, excluding invert sugar


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


10 000  (3)





1702 60 


Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose, excluding invert sugar




09.6706


2106 90 30 


Flavoured or coloured isoglucose syrups


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000 




2106 90 55 


Flavoured or coloured glucose syrup and maltodextrine syrup




2106 90 59 


Flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups)




09.6707


ex 1103 19 20 


Barley groats and meals


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


6 300  (4)





1103 19 90 


Groats and meals of cereals (excl. wheat, rye, oats, maize, rice and barley)




1103 20 90 


Cereal pellets (excl. wheat, rye, oats, maize, rice and barley)




1104 19 10 
1104 19 50 
1104 19 61 
1104 19 69 


Rolled or flaked wheat grains
Rolled or flaked maize grains
Rolled barley grains
Flaked barley grains




ex 1104 29 


Worked grains (for example, hulled, pearled, sliced or kibbled), other than of oats, of rye or of maize




1104 30 


Germ of cereals, whole, rolled, flaked or ground




09.6708


1107 


Malt, whether or not roasted


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


7 000 




1109 


Wheat gluten, whether or not dried




09.6709


1108 11 


Wheat starch


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


10 000 




1108 12 


Maize starch




1108 13 


Potato starch




09.6710


3505 10 10 
3505 10 90 


Dextrins and other modified starches (excl. starches, esterified or etherified)


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


1 000  (5)





3505 20 30 
3505 20 50 
3505 20 90 


Glues containing, by weight, 25 % or more of starches or dextrins or other modified starches




09.6711


2302 10 
2302 30 
2302 40 10 
2302 40 90 


Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals (excl. those of rice)


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


17 000  (6)





2303 10 11 


Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product exceeding 40 % by weight




09.6712


0711 51 


Mushrooms of the genus Agaricus provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


500




2003 10 


Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid




09.6713


0711 51 


Mushrooms of the genus Agaricus provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


500




09.6714


2002 


Tomatoes prepared or preserved otherwise than by vinegar or acetic acid


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


10 000 




09.6715


2009 61 90 


Grape juice (including grape must), of a Brix value not exceeding 30, of a value not exceeding 18 EUR per 100 kg net weight


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


10 000  (7)





2009 69 11 


Grape juice (including grape must), of a Brix value exceeding 67, of a value not exceeding 22 EUR per 100 kg net weight




2009 69 71 
2009 69 79 
2009 69 90 


Grape juice (including grape must), of a Brix value exceeding 30 but not exceeding 67, of a value not exceeding 18 EUR per 100 kg net weight




2009 71 
2009 79 


Apple juice




09.6716


0403 10 51 
0403 10 53 
0403 10 59 
0403 10 91 
0403 10 93 
0403 10 99 
0403 90 71 
0403 90 73 
0403 90 79 
0403 90 91 
0403 90 93 
0403 90 99 


Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, concentrated or not, flavoured or containing added fruit, nuts or cocoa


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000 




09.6717


0405 20 10 
0405 20 30 


Dairy spreads of a fat content, by weight, of 39 % or more but not exceeding 75 %


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


250




09.6718


0710 40 
0711 90 30 
2001 90 30 
2004 90 10 
2005 80 


Sweetcorn


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


1 500 




09.6719


1702 50 


Chemically pure fructose


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000  (8)





1702 90 10 


Chemically pure maltose




ex 1704 90 99 


Other sugar confectionery, not containing cocoa, containing 70 % or more by weight of sucrose




1806 10 30 
1806 10 90 


Cocoa powder, containing 65 % or more by weight of sucrose or isoglucose expressed as sucrose




ex 1806 20 95 


Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk in containers or immediate packings, of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter and 70 % or more by weight of sucrose




ex 1901 90 99 


Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % of cocoa calculated on a totally defatted basis, containing 70 % or more by weight of sucrose




2101 12 98 
2101 20 98 


Preparations with a basis of coffee, tea or mate




3302 10 29 


Mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used in the drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by vol. not exceeding 0,5 %




09.6720


1903 


Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000 




1904 30 


Bulgur wheat




09.6721


1806 20 70 


Chocolate milk crumb


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


300 (9)





2106 10 80 


Other protein concentrates and textured protein substances




2202 90 99 


Non-alcoholic beverages other than waters, containing 2 % or more by weight of fat obtained from the products of headings 0401  to 0404 




09.6722


2106 90 98 


Other food preparations not elsewhere specified or included


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000 




09.6723


2207 10 
2208 90 91 
2208 90 99 


Undenatured ethyl alcohol


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


27 000  (10)





2207 20 


Ethyl alcohol and other spirits, denatured, of any strength




09.6724


2402 10 


Cigars, cheroots and cigarillos, containing tobacco


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 500 




2402 20 90 


Cigarettes containing tobacco, not containing cloves




09.6725


2905 43 


Mannitol


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


100




2905 44 


D-glucitol (sorbitol)




3824 60 


Sorbitol other than that of subheading 2905 44 




09.6726


3809 10 10 
3809 10 30 
3809 10 50 
3809 10 90 


Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances


From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12


2 000 






(1)  With an increase of 150 tonnes each year from 1 January 2017 to 1 January 2021.

(2)  With an increase of 200 tonnes each year from 1 January 2017 to 1 January 2021.

(3)  With an increase of 2 000 tonnes each year from 1 January 2017 to 1 January 2021.

(4)  With an increase of 300 tonnes each year from 1.1.2017 to 1.1.2021.

(5)  With an increase of 200 tonnes each year from 1.1.2017 to 1.1.2021.

(6)  With an increase of 1 000 tonnes each year from 1.1.2017 to 1.1.2021.

(7)  With an increase of 2 000 tonnes each year from 1.1.2017 to 1.1.2021.

(8)  With an increase of 200 tonnes each year from 1.1.2017 to 1.1.2021.

(9)  With an increase of 40 tonnes each year from 1.1.2017 to 1.1.2021.

(10)  With an increase of 14 600 tonnes each year from 1.1.2017 to 1.1.2021.