CELEX: 32010R0449
Language: en
Date: 2010-05-25 00:00:00
Title: Commission Regulation (EU) No 449/2010 of 25 May 2010 amending Council Regulation (EC) No 747/2001 as regards tariff quotas of the Union for certain agricultural and processed agricultural products originating in Egypt and repealing Regulations (EC) No 2276/2003, (EC) No 955/2005, (EC) No 1002/2007 and (EC) No 1455/2007

26.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 127/1
            
         COMMISSION REGULATION (EU) No 449/2010
   of 25 May 2010
   amending Council Regulation (EC) No 747/2001 as regards tariff quotas of the Union for certain agricultural and processed agricultural products originating in Egypt and repealing Regulations (EC) No 2276/2003, (EC) No 955/2005, (EC) No 1002/2007 and (EC) No 1455/2007
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 (1) and in particular Article 5(1)(b) thereof,
   Whereas:
   
               (1)
            
            
               In 2008 an Agreement has been concluded in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, hereinafter ‘the Agreement’, which has been approved by Council Decision 2010/240/EC (2).
            
         
               (2)
            
            
               The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Egypt. It provides also for changes to existing tariff quotas for those products which are laid down in Regulation (EC) No 747/2001, Commission Regulation (EC) No 2276/2003 of 22 December 2003 opening tariff quotas and laying down the duties applicable within these tariff quotas for imports into the European Community of certain processed agricultural products originating in Egypt (3), Commission Regulation (EC) No 955/2005 of 23 June 2005 opening a Community import quota for rice originating in Egypt (4), Commission Regulation (EC) No 1002/2007 of 29 August 2007 laying down detailed rules for the application of Council Regulation (EC) No 2184/96 concerning imports into the Community of rice originating in and coming from Egypt (5) and Commission Regulation (EC) No 1455/2007 of 10 December 2007 opening certain Community import quotas for rice originating in Egypt (6).
            
         
               (3)
            
            
               It is necessary to implement the new tariff quotas and the changes to the existing tariff quotas provided for in the Agreement. For reasons of clarity, it is appropriate to bring together all tariff quotas for agricultural and processed agricultural products originating in Egypt in one single legislative act.
            
         
               (4)
            
            
               Regulation (EC) No 747/2001 should therefore be amended accordingly and Regulations (EC) No 2276/2003, (EC) No 955/2005, (EC) No 1002/2007 and (EC) No 1455/2007 should therefore be repealed.
            
         
               (5)
            
            
               Import licences issued under Regulation (EC) No 955/2005 and Regulation (EC) No 1002/2007 are valid from their date of issue until the end of the following month. Where the validity period of import licences issued under those Regulations before the entry into force of this Regulation expires after the date of repeal of those Regulations, importers could not comply with their obligations related to import licences. Member States should therefore be permitted in such cases to derogate from Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (7), and to release the security lodged by importers. In the interest of clarity it should also be provided that import licences issued after the entry into force of this Regulation under Regulation (EC) No 955/2005 and Regulation (EC) No 1002/2007 are to be valid only until the date of repeal of those Regulations.
            
         
               (6)
            
            
               For the purpose of calculating the tariff quotas for the first year of application, it should be provided, in accordance with the Agreement, that the volumes of the tariff quotas for which the quota period starts before the date of entry into force of the Agreement, should be reduced by a proportion relating to that part of the period which has elapsed before that date.
            
         
               (7)
            
            
               Since the Agreement enters into force on 1 June 2010, this Regulation should apply from that date. However, in the interest of legal certainty, provisions concerning the validity of licences issued before that date should apply immediately.
            
         
               (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 IV to Regulation (EC) No 747/2001 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   Regulations (EC) No 2276/2003, (EC) No 955/2005, (EC) No 1002/2007 and (EC) No 1455/2007 are repealed.
   Article 3
   1.   The validity of import licences issued with an expiry date after 31 May 2010 under Regulation (EC) No 955/2005 and Regulation (EC) No 1002/2007 before the entry into force of this Regulation shall expire on 31 May 2010.
   By derogation from Article 7(1) of Regulation (EC) No 376/2008, until 30 June 2010 the titular holder of the import licences referred to in the first subparagraph may return the unused import licences to the competent authorities of the Member States concerned which shall release the security for the quantities not used.
   2.   By derogation from Article 4(3) of Regulation (EC) No 955/2005 and Article 3(4) of Regulation (EC) No 1002/2007, the validity period of import licences issued under those Regulations after the entry into force of this Regulation shall not extend after 31 May 2010.
   Article 4
   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 June 2010 with the exception of Article 3 which shall apply from the date of the entry into force of this Regulation.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 May 2010.
      
         
            For the Commission
         
         
            The President
         
         José Manuel BARROSO
      
   
   
      (1)  OJ L 109, 19.4.2001, p. 2.
   
      (2)  OJ L 106, 28.4.2010, p. 39.
   
      (3)  OJ L 336, 23.12.2003, p. 46.
   
      (4)  OJ L 164, 24.6.2005, p. 5.
   
      (5)  OJ L 226, 30.8.2007, p. 15.
   
      (6)  OJ L 325, 11.12.2007, p. 74.
   
      (7)  OJ L 114, 26.4.2008, p. 3.
   
      ANNEX
      
         
            ‘ANNEX IV
            
               EGYPT
            
            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 this 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.
            
               Tariff quotas
            
            
                        Order No
                     
                     
                        CN code
                     
                     
                        TARIC sub-division
                     
                     
                        Description of goods
                     
                     
                        Quota period
                     
                     
                        Quota volume
                        (in tonnes net weight)
                     
                     
                        Quota duty
                     
                  
                        09.1712
                     
                     
                        0703 20 00
                     
                     
                         
                     
                     
                        Garlic, fresh or chilled
                     
                     
                        From 1.6 to 30.6.2010
                     
                     
                        727
                     
                     
                        Exemption
                     
                  
                        From 15.1.2011 to 30.6.2011 and for each period thereafter from 15.1 to 30.6
                     
                     
                        4 000 (1)
                        
                     
                  
                        09.1783
                     
                     
                        0707 00 05
                     
                     
                         
                     
                     
                        Cucumbers, fresh or chilled
                     
                     
                        From 15.11.2010 to 15.5.2011 and for each period thereafter from 15.11 to 15.5
                     
                     
                        3 000 (2)
                        
                     
                     
                        Exemption (3)
                        
                     
                  
                        09.1784
                     
                     
                        0805 10 20
                     
                     
                         
                     
                     
                        Sweet oranges, fresh
                     
                     
                        From 1.12 to 31.5
                     
                     
                        36 300 (4)
                        
                     
                     
                        Exemption (5)
                        
                     
                  
                        09.1799
                     
                     
                        0810 10 00
                     
                     
                         
                     
                     
                        Strawberries, fresh
                     
                     
                        From 1.10.2010 to 30.4.2011
                     
                     
                        10 000
                     
                     
                        Exemption
                     
                  
                        From 1.10.2011 to 30.4.2012
                     
                     
                        10 300
                     
                  
                        From 1.10.2012 to 30.4.2013
                     
                     
                        10 609
                     
                  
                        From 1.10.2013 to 30.4.2014
                     
                     
                        10 927
                     
                  
                        From 1.10.2014 to 30.4.2015
                     
                     
                        11 255
                     
                  
                        From 1.10.2015 to 30.4.2016 and for each period thereafter from 1.10 to 30.4
                     
                     
                        11 593
                     
                  
                        09.1796
                     
                     
                        1006 20
                     
                     
                         
                     
                     
                        Husked (brown) rice
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        11 667
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        20 600
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        21 218
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        21 855
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        22 510
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        23 185
                     
                  
                        09.1797
                     
                     
                        1006 30
                     
                     
                         
                     
                     
                        Semi-milled or wholly milled rice, whether or not polished or glazed
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        40 833
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        72 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        74 263
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        76 491
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        78 786
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        81 149
                     
                  
                        09.1798
                     
                     
                        1006 40 00
                     
                     
                         
                     
                     
                        Broken rice
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        46 667
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        82 400
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        84 872
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        87 418
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        90 041
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        92 742
                     
                  
                        09.1785
                     
                     
                        1702 50 00
                     
                     
                         
                     
                     
                        Chemically pure fructose in solid form
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        For each period thereafter from 1.1 to 31.12
                     
                     
                        1 000
                     
                  
                        09.1786
                     
                     
                        ex 1704 90 99
                     
                     
                        91
                        99
                     
                     
                        Other sugar confectionery, not containing cocoa, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose)
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        1 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        1 210
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        1 331
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        1 464
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 611
                     
                  
                        09.1787
                     
                     
                        ex 1806 10 30
                     
                     
                        10
                     
                     
                        Sweetened cacao powder, containing 70 % or more but less than 80 % of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        292
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        525
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        551
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        579
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        608
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        638
                     
                  
                        09.1788
                     
                     
                        1806 10 90
                     
                     
                         
                     
                     
                        Sweetened cacao powder, containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        292
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        525
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        551
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        579
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        608
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        638
                     
                  
                        09.1789
                     
                     
                        ex 1806 20 95
                     
                     
                        90
                     
                     
                        Chocolate and other food preparations containing cocoa, in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form, in containers or immediate packings of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose)
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        292
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        525
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        551
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        579
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        608
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        638
                     
                  
                        09.1790
                     
                     
                        ex 1901 90 99
                     
                     
                        36
                        95
                     
                     
                        Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        1 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        1 210
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        1 331
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        1 464
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 611
                     
                  
                        09.1791
                     
                     
                        ex 2101 12 98
                     
                     
                        92
                        97
                     
                     
                        Preparations with a basis of coffee, containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        1 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        1 210
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        1 331
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        1 464
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 611
                     
                  
                        09.1792
                     
                     
                        ex 2101 20 98
                     
                     
                        85
                     
                     
                        Preparations with a basis of tea or mate, containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        292
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        525
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        551
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        579
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        608
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        638
                     
                  
                        09.1793
                     
                     
                        ex 2106 90 59
                     
                     
                        10
                     
                     
                        Other flavoured or coloured sugar syrups (excluded isoglucose, lactose, glucose and maltodextrine syrups), containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        292
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        525
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        551
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        579
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        608
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        638
                     
                  
                        09.1794
                     
                     
                        ex 2106 90 98
                     
                     
                        26
                        34
                        53
                     
                     
                        Other food preparations not elsewhere specified or included, of a kind used in drink industries, containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        1 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        1 210
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        1 331
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        1 464
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 611
                     
                  
                        09.1795
                     
                     
                        ex 3302 10 29
                     
                     
                        10
                     
                     
                        Other preparations of a kind used in drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by volume not exceeding 0,5 %, containing 70 % or more by weight of sucrose/isoglucose
                     
                     
                        From 1.6 to 31.12.2010
                     
                     
                        583
                     
                     
                        Exemption
                     
                  
                        From 1.1 to 31.12.2011
                     
                     
                        1 100
                     
                  
                        From 1.1 to 31.12.2012
                     
                     
                        1 210
                     
                  
                        From 1.1 to 31.12.2013
                     
                     
                        1 331
                     
                  
                        From 1.1 to 31.12.2014
                     
                     
                        1 464
                     
                  
                        From 1.1 to 31.12.2015 and for each period thereafter from 1.1 to 31.12
                     
                     
                        1 611
                     
                  
      
      
         (1)  From 15 January 2011, this tariff quota volume shall be annually increased by 3 % of the volume of the previous year. The first increase shall take place on the volume of 4 000 tonnes net weight.
      
         (2)  From 15 November 2011, this tariff quota volume shall be annually increased by 3 % of the volume of the previous year. The first increase shall take place on the volume of 3 000 tonnes net weight.
      
         (3)  The exemption applies only to the ad valorem duty.
      
         (4)  Within this tariff quota, the specific duty provided in the Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR 264/tonne, being the entry price agreed between the European Union and Egypt. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.
      
         (5)  Also exemption of the ad valorem duty, in the framework of this tariff quota.’