CELEX: 32015R2405
Language: en
Date: 2015-12-18 00:00:00
Title: 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

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.