LegalizeCouncil 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
Article 1
Tariff concessions within Community tariff quotas or within reference quantities
When products originating in Algeria, Morocco, Tunisia, Egypt, Jordan, Syria, Lebanon, Israel, the West Bank and the Gaza Strip and Turkey, listed in Annexes I to IX, are put into free circulation in the Community, they shall be eligible for exemption or reduced rates of customs duties within the limits of the Community tariff quotas or in the framework of the reference quantities, during the periods and in accordance with the provisions set out in this Regulation.
Article 1a
Suspension of the application of tariff quotas and reference quantities for products originating in the West Bank and the Gaza Strip
The application of the tariff quotas and reference quantities laid down in Annex VIII for products originating in the West Bank and the Gaza Strip shall be temporarily suspended for a period of 10 years from 1 January 2012.
However, depending on the future economic development of the West Bank and Gaza Strip, a possible extension for an additional period could be considered at the latest 1 year before the expiration of the 10 years period as provided by the Agreement in the form of an Exchange of Letters approved on behalf of the Union by Council Decision 2011/824/EU (1).
Article 3
Special conditions for entitlement to the tariff quotas for certain wines
To benefit from the Community tariff quotas mentioned in Annexes I to III under order numbers 09.1001, 09.1107 and 09.1205, the wines shall be accompanied either by a certificate of designation of origin issued by the relevant Algerian, Moroccan or Tunisian authority, in accordance with the model set out in Annex XII, or by a VI 1 document or a VI 2 extract annotated in compliance with Article 32(2) of Regulation (EC) No 883/2001.
Article 3a
Special provisions for the tariff quotas for tomatoes originating in Morocco
From the dates on which the monthly tariff quotas are stopped, any retroactive drawings from any of the stopped monthly tariff quotas applicable during the months of November, December and January to March, and any returns of unused volumes to any of the stopped monthly tariff quotas shall be made on the additional tariff quota applicable under the order number 09.1112 for that marketing year. Detailed provisions for the management of the tariff quota under order number 09.1112 are included under paragraph 2.
The tariff quota under order number 09.1112 shall be managed as a parent tariff quota with seven monthly sub-tariff quotas applicable under the order number 09.1193.
The benefit from this tariff concession can be granted only by declaring the order number 09.1193.
Article 4
Management of tariff quotas and reference quantities
Article 5
Conferment of powers
Without prejudice to the procedure laid down by Council Regulation (EC) No 3448/93, the Commission can, in accordance with the procedure referred to in Article 6(2) of this Regulation, adopt the provisions necessary for the application of this Regulation, notably:
(a) amendments and technical adjustments necessary following changes to the Combined Nomenclature codes and to the Taric-subdivisions;
(b) the necessary adaptations arising from the entry into force of new agreements, protocols, Exchanges of Letters or any other act concluded between the Community and Mediterranean countries and adopted by the Council, where such agreements, protocols, Exchanges of Letters or other Council acts specify the products eligible for tariff preferences in the framework of tariff quotas and reference quantities, their volumes, duties, periods and any eligibility criteria.
The provisions adopted in accordance with paragraph 1 do not authorise the Commission to:
(a) carry over preferential quantities from one period to another;
(b) transfer quantities under one tariff quota or reference quantity to another tariff quota or reference quantity;
(c) transfer quantities from a tariff quota to a reference quantity and vice versa;
(d) change the timetables laid down in the agreements, protocols, Exchanges of Letters or other Council acts;
(e) adopt legislation affecting tariff quotas managed by means of import licences.
Article 6
Management Committee
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
Article 7
Cooperation
The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.
Article 8
Repeals
Regulations (EC) No 1981/94 and (EC) No 934/95 are hereby repealed.
References to Regulations (EC) No 1981/94 and (EC) No 934/95 shall be deemed to refer to this Regulation and read according to the correspondence table in Annex XIII.
Article 9
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001 for the tariff quotas mentioned in Annex III under order numbers 09.1211, 09.1215, 09.1217, 09.1218, 09.1219 and 09.1220.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
ALGERIA
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.
| Order No | CN code | TARIC sub-division | Description of goods | Quota period | Quota volume (in tonnes net weight) | Quota duty |
|---|---|---|---|---|---|---|
| 09.1002 | 0409 00 00 | Natural honey | From 1.1. to 31.12. | 100 | Exemption | |
| 09.1004 | 0603 | Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared | From 1.1. to 31.12. | 100 | Exemption | |
| 09.1005 | 0604 | Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared | From 1.1. to 31.12. | 100 | Exemption | |
| 09.1006 | ex 0701 90 50 | New potatoes, fresh or chilled | From 1.1. to 31.3. | 5 000 | Exemption | |
| 09.1007 | 0809 10 00 | Apricots, fresh | From 1.1. to 31.12. | 1 000 | Exemption (1) | |
| 09.1008 | 0810 10 00 | Strawberries, fresh | From 1.11. to 31.3. | 500 | Exemption | |
| 09.1009 | 1509 | Olive oil and its fractions, whether or not refined, but not chemically modified | from 1.1. to 31.12. | 1 000 | Exemption | |
| 1510 00 | Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509 | |||||
| 09.1010 | ex 1512 19 90 | 10 | Refined sunflower-seed oil | From 1.1. to 31.12. | 25 000 | Exemption |
| 09.1011 | 2002 10 10 | Peeled tomatoes, prepared or preserved otherwise than by vinegar or acetic acid | From 1.1. to 31.12. | 300 | Exemption | |
| 09.1012 | 2002 90 31 2002 90 39 2002 90 91 2002 90 99 | Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, other than whole or in pieces, with a dry matter content of not less than 12 % by weight | From 1.1. to 31.12. | 300 | Exemption | |
| 09.1013 | 2009 50 | Tomato juice | From 1.1. to 31.12. | 200 | Exemption | |
| 09.1014 | ex 2009 80 35 | 40 , 91 | Apricot juice | from 1.1. to 31.12. | 200 | Exemption (1) |
| ex 2009 80 38 | 93 , 97 | |||||
| ex 2009 80 79 | 40 , 80 | |||||
| ex 2009 80 86 | 50 , 80 | |||||
| ex 2009 80 89 | 50 , 80 | |||||
| ex 2009 80 99 | 15 , 92 | |||||
| 09.1001 | ex 2204 21 79 | 71 | Wines entitled to one of the following designations of origin: Aïn Bessem-Bouira, Médéa, Coteaux du Zaccar, Dahra, Coteaux de Mascara, Monts du Tessalah, Coteaux de Tlemcen, of an actual alcoholic strength by volume not exceeding 15 % vol, in containers holding 2 l or less | from 1.1. to 31.12. | 224 000 hl | Exemption |
| ex 2204 21 80 | 71 | |||||
| ex 2204 21 84 | 51 | |||||
| ex 2204 21 85 | 71 | |||||
| 09.1003 | 2204 10 19 2204 10 99 | Other sparkling wine | from 1.1. to 31.12. | 224 000 hl | Exemption | |
| 2204 21 10 2204 21 79 | Other wine of fresh grapes | |||||
| ex 2204 21 80 | 71 79 80 | |||||
| 2204 21 84 | ||||||
| ex 2204 21 85 | 71 79 80 | |||||
| ex 2204 21 94 | 20 | |||||
| ex 2204 21 98 | 20 | |||||
| ex 2204 21 99 2204 29 10 2204 29 65 | 10 | |||||
| ex 2204 29 75 2204 29 83 | 10 | |||||
| ex 2204 29 84 | 20 | |||||
| ex 2204 29 94 | 20 | |||||
| ex 2204 29 98 | 20 | |||||
| ex 2204 29 99 | 10 | |||||
| (1) The exemption applies only to the ad valorem duty. | ||||||
| Order No | CN code | TARIC sub-division | Description of goods | Reference quantity period | Reference quantity volume (in tonnes net weight) | Reference quantity duty |
| --- | --- | --- | --- | --- | --- | --- |
| 18.0410 | 0704 10 00 | Cauliflowers and headed broccoli, fresh or chilled | From 1.1. to 14.4. and from 1.12. to 31.12. | 1 000 | Exemption | |
| 0704 20 00 | Brussels sprouts, fresh or chilled | From 1.1. to 31.12. | ||||
| 0704 90 | Other cabbages, kohlrabi, kale and similar edible brassicas, fresh or chilled | From 1.1. to 31.12. | ||||
| 18.0420 | 0709 52 00 | Truffles, fresh or chilled | From 1.1. to 31.12. | 100 | Exemption | |
| 18.0430 | ex 2005 10 00 | 10 20 40 | Homogenised asparagus, carrots and mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption |
| 18.0440 | ex 2005 10 00 | 30 80 | Other homogenised vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than asparagus, carrots and mixtures of vegetables | From 1.1. to 31.12. | 200 | Exemption |
| 18.0450 | 2005 51 00 | Beans, shelled, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0460 | 2005 60 00 | Asparagus, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0470 | 2005 90 50 | Globe artichokes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0480 | 2005 90 60 | Carrots, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0490 | 2005 90 70 | Mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0500 | 2005 90 80 | Other vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0510 | 2007 91 90 | Jams, fruit jellies, marmalades, purées and pastes, obtained by cooking of citrus fruit, with a sugar content not exceeding 13 % by weight, other than homogenised preparations | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0520 | 2007 99 91 | Apple purée, including compotes, with a sugar content not exceeding 13 % by weight | From 1.1. to 31.12. | 200 | Exemption | |
| 18.0530 | 2007 99 98 | Jams, fruit jellies, marmalades, purées and pastes, obtained by cooking of other fruit, with a sugar content not exceeding 13 % by weight, other than homogenised preparations | From 1.1. to 31.12. | 200 | Exemption |
ANNEX II
MOROCCO
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 in accordance with Commission Implementing Regulation (EU) No 1006/2011(OJ L 282, 28.10.2011, p. 1). Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.
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