CELEX: 22019D0074
Language: en
Date: 2018-12-27 00:00:00
Title: Decision No 1/2018 of the EU-Algeria Association Committee of 27 December 2018 regarding the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in Article 14 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part [2019/74]

18.1.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 16/141
               
            
         DECISION No 1/2018 OF THE EU-ALGERIA ASSOCIATION COMMITTEE
         of 27 December 2018
         regarding the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in Article 14 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part [2019/74]
         THE EU-ALGERIA ASSOCIATION COMMITTEE,
         Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part (1),
         Whereas:
         
                     (1)
                  
                  
                     In view of the difficulties faced by the People's Democratic Republic of Algeria (‘Algeria’) in dismantling the customs duties for agricultural products and processed agricultural products established in accordance with the conditions laid down in Protocols Nos 2 and 5 to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part (the ‘Association Agreement’), a group of experts from the European Commission and Algeria met six times between September 2010 and July 2011.
                  
               
                     (2)
                  
                  
                     As a result of the consultations, an agreement was reached on the acceptable modifications to the basic duties, quantities and schedule initially established for dismantling tariffs, in accordance with the conditions laid down in Protocols Nos 2 and 5 to the Association Agreement.
                  
               
                     (3)
                  
                  
                     Article 16 of the Association Agreement makes provision for the potential unilateral modification of the agreed tariff arrangements subject to certain conditions. However, the Party making the modification is to accord imports originating in the other Party a comparable advantage. In accordance with Article 16(2) of the Association Agreement, the EU-Algeria Association Committee (‘the Association Committee’) is to meet to take due account of the interests of that Party.
                  
               
                     (4)
                  
                  
                     By virtue of Article 97 of the Association Agreement, the Association Committee has the power to take decisions for the management of that Agreement. It is therefore necessary for the Association Committee to adopt a decision in respect of the modifications envisaged,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The rate and duration conditions agreed during the bilateral consultations and set out in the Annex to this Decision shall modify the tariff conditions established initially for the respective agricultural products and processed agricultural products in Protocols Nos 2 and 5 to the Association Agreement.
         
         
            Article 2
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
         
         
            Done at Brussels, 27 December 2018.
            
               
                  For the EU-Algeria Association Committee
               
               
                  The President
               
               Ali MOKRANI
            
         
         
            (1)  OJ L 265, 10.10.2005, p. 2.
      
      
         
            ANNEX
            
               1.   
               
                  Following the submission by the People's Democratic Republic of Algeria (‘Algeria’) of a formal request to revise the schedule for dismantling the tariffs for agricultural products and processed agricultural products at the fifth session of the Association Council held on 15 June 2010 and following six consultation sessions, on 11 July 2011 the Parties agreed on new provisions to modify the tariff arrangements set out in Protocols Nos 2 and 5 to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part (‘the Association Agreement’) based on a list of 36 tariff subheadings (34 subheadings for agricultural products and two subheadings for processed agricultural products).
               
            
            
               2.   
               In accordance with Article 16 of the Association Agreement, the Party that modifies the arrangements laid down in that Agreement is to provide the other Party with compensation with equivalent effect.
               The Algerian memorandum of June 2010 envisaged the elimination of preferential tariffs for the Union for 34 tariff subheadings for agricultural products and of two subheadings for processed agricultural products.
            
            
               3.   
               Following six meetings (from September 2010 to July 2011) resulting in an agreement in the form of a memorandum dated 11 July 2011, the Parties agreed to eliminate 25 preferential tariff subheadings for agricultural products in Protocol No 2 to the Association Agreement and two subheadings for processed agricultural products in Protocol No 5 to the Association Agreement for Union exports to Algeria. They also reached an agreement on the compensation for the Union with the same effect in terms of lost customs duties for Union operators by increasing two preferential tariff subheadings for agricultural products: pure-bred breeding animals of the bovine species and common wheat, other than for sowing.
               Details of these changes are set out in this Annex.
            
            
               4.   
               
                  The preferential tariffs initially established in Protocols Nos 2 and 5 to the Association Agreement shall apply to the remaining products referred to in Article 14(2) of that Agreement.
               
            
            
               5.   
               The modifications to the tariff arrangements set out in Protocols Nos 2 and 5 to the Association Agreement were unilaterally applied by Algeria from 1 January 2011 and were then revised following the consultations between the Parties. Algeria has applied the following provisions since 1 October 2012.
               The preferential quotas granted to the Union in Protocol No 2 to the Association Agreement in relation to the following agricultural products were repealed by Algeria on 1 October 2012:
               
                           Algerian nomenclature
                        
                        
                           Description
                        
                        
                           Applied tariff (%)
                        
                        
                           Reduction in customs duties (%)
                        
                        
                           Preferential tariff quotas (tonnes)
                        
                        
                           Union code
                        
                     
                           0105.11.10 
                        
                        
                           Day-old broiler chicks
                        
                        
                           5
                        
                        
                           100
                        
                        
                           20
                        
                        
                           0105.11 
                        
                     
                           0105.11.20 
                        
                        
                           Day-old layer chicks
                        
                        
                           5
                        
                     
                           0105.11.30 
                        
                        
                           Day-old breeding, broiler chicks
                        
                        
                           5
                        
                     
                           0105.11.40 
                        
                        
                           Day-old breeding, layer chicks
                        
                        
                           5
                        
                     
                           0713.10.90 
                        
                        
                           Peas
                        
                        
                           5
                        
                        
                           100
                        
                        
                           3 000 
                        
                        
                           0713.10.90 
                        
                     
                           0713.20.90 
                        
                        
                           Chickpeas
                        
                        
                           5
                        
                        
                           0713.20.00 
                        
                     
                           0713.31.90 
                        
                        
                           Mungo, Hepper or radiata beans
                        
                        
                           5
                        
                        
                           0713.31.00 
                        
                     
                           0713.32.90 
                        
                        
                           Small red beans
                        
                        
                           5
                        
                        
                           0713.32.00 
                        
                     
                           0713.33.90 
                        
                        
                           Kidney beans
                        
                        
                           5
                        
                        
                           0713.33.90 
                        
                     
                           0713.39.90 
                        
                        
                           Other beans
                        
                        
                           5
                        
                        
                           0713.39.00 
                        
                     
                           0713.40.90 
                        
                        
                           Lentils
                        
                        
                           5
                        
                        
                           0713.40.00 
                        
                     
                           0713.50.90 
                        
                        
                           Broad beans
                        
                        
                           5
                        
                        
                           0713.50.00 
                        
                     
                           0713.90.90 
                        
                        
                           Other leguminous vegetables
                        
                        
                           5
                        
                        
                           0713.90.00 
                        
                     
                           0805.10.00 
                        
                        
                           Oranges
                        
                        
                           30
                        
                        
                           20
                        
                        
                           100
                        
                        
                           0805.10 
                        
                     
                           0805.20.00 
                        
                        
                           Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids
                        
                        
                           30
                        
                        
                           0805.20 
                        
                     
                           0805.40.00 
                        
                        
                           Grapefruit, including pomelos
                        
                        
                           30
                        
                        
                           0805.40 
                        
                     
                           0805.50.00 
                        
                        
                           Lemons (Citrus limon, Citrus limonum) and limes (Citrus aurantifolia, Citrus latifolia)
                        
                        
                           30
                        
                        
                           0805.50 
                        
                     
                           0805.90.00 
                        
                        
                           Other citrus fruit
                        
                        
                           30
                        
                        
                           0805.90 
                        
                     
                           1105.20.00 
                        
                        
                           Flakes, granules and pellets of potatoes
                        
                        
                           30
                        
                        
                           20
                        
                        
                           100
                        
                        
                           1105.20.00 
                        
                     
                           1107.10.00 
                        
                        
                           Malt, not roasted
                        
                        
                           30
                        
                        
                           100
                        
                        
                           1 500 
                        
                        
                           1107.10 
                        
                     
                           1108.12.00 
                        
                        
                           Maize starch
                        
                        
                           30
                        
                        
                           20
                        
                        
                           1 000 
                        
                        
                           1108.12 
                        
                     
                           2005.40.00 
                        
                        
                           Peas (Pisum Sativum), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 20.06.
                        
                        
                           30
                        
                        
                           100
                        
                        
                           200
                        
                        
                           2005.40 
                        
                     
                           2005.60.00 
                        
                        
                           Asparagus
                        
                        
                           30
                        
                        
                           100
                        
                        
                           500
                        
                        
                           2005.60 
                        
                     
                           2005.90.00 
                        
                        
                           Other vegetables and mixtures of vegetables
                        
                        
                           30
                        
                        
                           20
                        
                        
                           200
                        
                        
                           2005.99 
                        
                     
                           2007.99.00 
                        
                        
                           Non-homogenised preparations, of other than citrus fruit
                        
                        
                           30
                        
                        
                           20
                        
                        
                           200
                        
                        
                           2007.99 
                        
                     The preferential quotas granted to the Union in Annex 2 to Protocol No 5 to the Association Agreement in relation to the following processed agricultural products were repealed by Algeria on 1 October 2012:
               
                           Algerian nomenclature
                        
                        
                           Description
                        
                        
                           Applied tariff (%)
                        
                        
                           Reduction in customs duties (%)
                        
                        
                           Preferential tariff quotas (tonnes)
                        
                        
                           Union code
                        
                     
                           2105.00.00 
                        
                        
                           Ice cream and other edible ice
                        
                        
                           30
                        
                        
                           20
                        
                        
                            
                        
                        
                            
                        
                     
                           3505.10.00 
                        
                        
                           Dextrins and other modified starches
                        
                        
                           15
                        
                        
                           100
                        
                        
                            
                        
                        
                            
                        
                     The preferential quotas granted to the Union in Protocol No 2 to the Association Agreement in relation to the following agricultural products were replaced by Algeria on 1 October 2012 as follows:
               
                           Algerian nomenclature
                        
                        
                           Description
                        
                        
                           Applied tariff (%)
                        
                        
                           Reduction in customs duties (%)
                        
                        
                           Preferential tariff quotas (tonnes)
                        
                        
                           Union code
                        
                     
                           0102.10.00 
                        
                        
                           Live bovine animals: pure-bred breeding animals
                        
                        
                           5
                        
                        
                           100
                        
                        
                           4 950 
                        
                        
                           0102.10.00 
                        
                     
                           1001.90.90 
                        
                        
                           Durum wheat, other than for sowing
                        
                        
                           5
                        
                        
                           100
                        
                        
                           403 000 
                        
                        
                           1001.90.99 
                        
                     The preferential quotas granted to the Union in Protocol No 2 to the Association Agreement in relation to the agricultural products below were re-established in their entirety by Algeria on 1 October 2012:
               
                           Algerian nomenclature
                        
                        
                           Description
                        
                        
                           Applied tariff (%)
                        
                        
                           Reduction in customs duties (%)
                        
                        
                           Preferential tariff quotas (tonnes)
                        
                        
                           Union code
                        
                     
                           0102.90.10 
                        
                        
                           Dairy cows
                        
                        
                           5
                        
                        
                           100
                        
                        
                           5 000 
                        
                        
                           0102.90 
                        
                     
                           0102.90.20 
                        
                        
                           Heifers in calf and female calves
                        
                        
                           5
                        
                     
                           0102.90.90 
                        
                        
                           Other
                        
                        
                           30
                        
                     
                           0406.90.10 
                        
                        
                           Other soft uncooked cheeses, and other pressed cheeses, half- or fully cooked
                        
                        
                           30
                        
                        
                           100
                        
                        
                           800
                        
                        
                           0406.90 
                           (except 90.01 )
                        
                     
                           0406.90.90 
                        
                        
                           Other cheeses (of Italian and Gouda style)
                        
                        
                           30
                        
                     
                           10.03.00.90 
                        
                        
                           Barley, other than for sowing
                        
                        
                           15
                        
                        
                           50
                        
                        
                           200 000 
                        
                        
                           1003.00.90 
                        
                     
                           1517.10.00 
                        
                        
                           Margarine, excluding liquid margarine
                        
                        
                           30
                        
                        
                           100
                        
                        
                           2 000 
                        
                        
                           1517.10 
                        
                     
                           1517.90.00 
                        
                        
                           Other
                        
                        
                           30
                        
                        
                           1517.90 
                        
                     
                           1701.99.00 
                        
                        
                           Cane or beet sugar and chemically pure sucrose, other than raw, not containing added flavouring or colouring matter
                        
                        
                           30
                        
                        
                           100
                        
                        
                           150 000 
                        
                        
                           1701.99