CELEX: 32004R2279
Language: en
Date: 2004-12-30 00:00:00
Title: Commission Regulation (EC) No 2279/2004 of 30 December 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in the West Bank and the Gaza Strip

31.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 396/38
            
         
      COMMISSION REGULATION (EC) No 2279/2004
   of 30 December 2004
   amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in the West Bank and the Gaza Strip
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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)
            
            
               By its Decision of 22 December 2004 (2), the Council has concluded an Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of the Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement. That new Agreement applies from 1 January 2005.
            
         
               (2)
            
            
               The new Protocol No 1 concerning the arrangements applicable to imports into the Community of agricultural products originating in the West Bank and the Gaza Strip hereinafter ‘the new Protocol No 1’, provides for new tariff concessions and changes to the existing concessions laid down in Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities.
            
         
               (3)
            
            
               To implement the tariff concessions provided for in the new Protocol No 1, it is necessary to amend Regulation (EC) No 747/2001.
            
         
               (4)
            
            
               For the purpose of calculating tariff quotas and reference quantities for the first year of application, it should be provided that, where the period for the quota or reference quantity starts before the date from which the new Agreement applies, the tariff quota volume and reference quantity are to be reduced in proportion to that part of the period which has already elapsed before that date.
            
         
               (5)
            
            
               In order to facilitate the management of certain existing tariff quotas and reference quantities provided for in Regulation (EC) No 747/2001, the quantities imported within the framework of those quotas and reference quantities should be taken into account for charging on the measures opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation.
            
         
               (6)
            
            
               In accordance with the new Protocol No 1, the tariff quota volumes for certain products should be increased twice.
            
         
               (7)
            
            
               Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible.
            
         
               (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
   Annex VIII to Regulation (EC) No 747/2001 shall be replaced by the text set out in the Annex to this Regulation.
   Article 2
   For the quota and reference quantity periods still open on 1 January 2005, the quantities which pursuant to Regulation (EC) No 747/2001 have been put into free circulation in the Community within the tariff quota and reference quantities with order numbers 09.1381, 18.0310, 18.0340 and 18.0380 shall be taken into account for charging on the tariff quota and reference quantities laid down in Annex VIII to Regulation (EC) No 747/2001, as amended by this Regulation.
   Article 3
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2005.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 December 2004.
      
         
            For the Commission
         
         László KOVÁCS
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 2256/2004 (OJ L 385, 29.12.2004, p. 24).
   
      (2)  Not yet published in the Official Journal.
   
      ANNEX
      
         
            ‘ANNEX VIII
            WEST BANK AND THE GAZA STRIP
            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 at the time of adoption of the current regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
            PART A: Tariff quotas
            
                        Order No
                     
                     
                        CN code
                     
                     
                        Description of goods
                     
                     
                        Quota period
                     
                     
                        Quota volume
                        (in tonnes net weight)
                     
                     
                        Quota duty
                     
                  
                        09.1383
                     
                     
                        0409 00 00
                     
                     
                        Natural honey
                     
                     
                        From 1.1 to 31.12.2005
                     
                     
                        500
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2006
                     
                     
                        750
                     
                  
                        From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 000
                     
                  
                        09.1382
                     
                     
                        0603 10
                     
                     
                        Fresh cut flowers and flower buds of a kind suitable for ornamental purposes
                     
                     
                        From 1.1 to 31.12.2005
                     
                     
                        2 000
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2006
                     
                     
                        2 250
                     
                  
                        From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12
                     
                     
                        2 500
                     
                  
                        09.1384
                     
                     
                        0712 31 00
                        0712 32 00
                        0712 33 00
                        0712 39 00
                     
                     
                        Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried
                     
                     
                        From 1.1 to 31.12
                     
                     
                        500
                     
                     
                        Exemption
                     
                  
                        09.1385
                     
                     
                        0806 10 10
                     
                     
                        Fresh table grapes
                     
                     
                        From 1.2 to 14.7.2005
                     
                     
                        1 000
                     
                     
                        Exemption
                     
                  
                        From 1.2 to 14.7.2006
                     
                     
                        1 500
                     
                  
                        From 1.2 to 14.7.2007 and for each period thereafter from 1.2 to 14.7
                     
                     
                        2 000
                     
                  
                        09.1381
                     
                     
                        0810 10 00
                     
                     
                        Fresh strawberries
                     
                     
                        From 1.11.2004 to 31.3.2005
                     
                     
                        1 680
                     
                     
                        Exemption
                     
                  
                        From 1.11.2005 to 31.3.2006
                     
                     
                        2 500
                     
                  
                        From 1.11.2006 to 31.3.2007 and for each period thereafter from 1.11 to 31.3
                     
                     
                        3 000
                     
                  
                        09.1386
                     
                     
                        1509 10
                     
                     
                        Virgin olive oil
                     
                     
                        From 1.1 to 31.12.2005
                     
                     
                        2 000
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2006
                     
                     
                        2 500
                     
                  
                        From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12
                     
                     
                        3 000
                     
                  
               
            PART B: Reference quantities
            
                        Order No
                     
                     
                        CN code
                     
                     
                        Taric subdivision
                     
                     
                        Description of goods
                     
                     
                        Reference quantity period
                     
                     
                        Reference quantity volume
                        (in tonnes net weight)
                     
                     
                        Reference quantity duty
                     
                  
                        18.0310
                     
                     
                        0702 00 00
                     
                     
                         
                     
                     
                        Tomatoes, fresh or chilled
                     
                     
                        From 1.12.2004 to 31.3.2005
                     
                     
                        1 750
                     
                     
                        Exemption (1)
                        
                     
                  
                        From 1.12.2005 to 31.3.2006 and for each period thereafter from 1.12 to 31.3
                     
                     
                        2 000
                     
                  
                        18.0320
                     
                     
                        0709 30 00
                     
                     
                         
                     
                     
                        Aubergines (eggplants), fresh or chilled
                     
                     
                        From 15.1 to 30.4
                     
                     
                        3 000
                     
                     
                        Exemption
                     
                  
                        18.0330
                     
                     
                        ex 0709 60
                     
                     
                         
                     
                     
                        Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:
                     
                     
                        From 1.1 to 31.12
                     
                     
                        1 000
                     
                     
                        Exemption
                     
                  
                        0709 60 10
                     
                     
                        Sweet peppers
                     
                  
                        0709 60 99
                     
                     
                        Other
                     
                  
                        18.0340
                     
                     
                        0709 90 70
                     
                     
                         
                     
                     
                        Courgettes, fresh or chilled
                     
                     
                        From 1.12 to 28/29.2
                     
                     
                        300
                     
                     
                        Exemption (1)
                        
                     
                  
                        18.0350
                     
                     
                        0805 10 20
                     
                     
                         
                     
                     
                        Fresh oranges
                     
                     
                        From 1.1 to 31.12
                     
                     
                        25 000
                     
                     
                        Exemption (1)
                        
                     
                  
                        ex 0805 10 80
                     
                     
                        10
                     
                  
                        18.0360
                     
                     
                        ex 0805 20 10
                     
                     
                        05
                     
                     
                        Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh
                     
                     
                        From 1.1 to 31.12
                     
                     
                        500
                     
                     
                        Exemption (1)
                        
                     
                  
                        ex 0805 20 30
                     
                     
                        05
                     
                  
                        ex 0805 20 50
                     
                     
                        07, 37
                     
                  
                        ex 0805 20 70
                     
                     
                        05
                     
                  
                        ex 0805 20 90
                     
                     
                        05, 09
                     
                  
                        18.0370
                     
                     
                        ex 0805 50 10
                     
                     
                        10
                     
                     
                        Lemons (Citrus limon, Citrus limonum), fresh
                     
                     
                        From 1.1 to 31.12
                     
                     
                        800
                     
                     
                        Exemption (1)
                        
                     
                  
                        18.0380
                     
                     
                        0807 19 00
                     
                     
                         
                     
                     
                        Melons (excluding watermelons), fresh
                     
                     
                        From 1.11 to 31.5
                     
                     
                        10 000
                     
                     
                        Exemption’
                     
                  
      
      
         (1)  The exemption applies only to the ad valorem duty.