Regulation (EU) No 1150/2014 of the European Parliament and of the Council of 29 October 2014 amending Regulation (EU) No 374/2014 on the reduction or elimination of customs duties on goods originating in Ukraine
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Address https://gelex.eu/eli/EU/regulation/2014/1150@2014-10-29/en
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) Ukraine is a priority partner country within the European Neighbourhood Policy and the Eastern Partnership. The European Union has been seeking an increasingly closer relationship with Ukraine in view of the latter's political association and economic integration with the Union. In that respect, between 2007 and 2011 the Union and Ukraine negotiated the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (the Association Agreement), including a Deep and Comprehensive Free Trade Area (DCFTA), which was signed by both parties on 27 June 2014. Under the provisions of the DCFTA, the Union and Ukraine are to establish a free trade area over a transitional period of a maximum of 10 years, starting from the entry into force of the Association Agreement, in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994.
(2) In light of the unprecedented security, political and economic challenges faced by Ukraine, and in order to support its economy, it was decided to anticipate the implementation of the Schedule of concessions set out in Annex I-A to the Association Agreement by means of the autonomous trade preferences provided for under Regulation (EU) No 374/2014 of the European Parliament and the Council. In view of the challenges Ukraine still faces, the application of Regulation (EU) No 374/2014 should be extended until 31 December 2015. For the purpose of predictability, the customs duties and access to tariff quotas for the extended period should remain the same as for 2014.
(3) Article 2 of the Association Agreement provides that respect for democratic principles, human rights and fundamental freedoms, and respect for the principle of the rule of law constitute essential elements of that Agreement. Furthermore, it provides that the promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders and independence, as well as countering the proliferation of weapons of mass destruction, related materials and their means of delivery also constitute essential elements of that Agreement. The autonomous preferences provided for under Regulation (EU) No 374/2014 should also be subject to the respect for those same principles by Ukraine. In order to align Regulation (EU) No 374/2014 with Union practice and other EU trade policy instruments, it is appropriate to introduce the possibility to temporarily suspend the preferences in case of failure to respect the fundamental principles of human rights, democracy and the rule of law by Ukraine.
(4) In view of the urgency of the matter, it is important to apply an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 374/2014 is amended as follows:
(1) Article 1 is replaced by the following: ;
Article 1
(1)
Article 1 Preferential arrangements
Customs duties on goods originating in Ukraine shall be reduced or eliminated in accordance with Annex I. Where reference is made in Annex I to staging categories, the basic rate of duties for 2014 and 2015 shall be eliminated in the case of staging category 0 and shall be reduced by 25 % in the case of staging category 3, by 16,7 % in the case of staging category 5 and by 12,5 % in the case of staging category 7.
Article 1
(2)(e) in Article 2, the following point is added: respect for democratic principles, human rights and fundamental freedoms and respect for the principle of the rule of law provided for in Article 2 of the Association Agreement. ;
(3) in Article 7, the second paragraph is replaced by the following: It shall apply until 31 December 2015. ;
(4) Annexes II and III are replaced by the text set out respectively in Annexes I and II to this Regulation.
Article 2
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 2 November 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 October 2014. For the European Parliament The President M. Schulz For the Council The President S. Gozi
ANNEX
ANNEX I
.
ANNEX II
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 on 23 April 2014. Order No CN code Description of goods Quantity for the quota period running from 23.4.2014 until 31.12.2014 (in tonnes net weight unless otherwise specified) Quantity for the quota period running from 1.1.2015 until 31.12.2015 (in tonnes net weight unless otherwise specified) 09.3050 02042250 02042290 Sheep legs, other cuts with bone in (excluding carcasses and half carcasses, short forequarters and chines and/or best ends), fresh or chilled 1500 1500 020423 Boneless meat of sheep, fresh or chilled 02044230 02044250 02044290 Frozen cuts of sheep, with bone in (excluding carcasses and half-carcasses, and short forequarters) 02044310 Frozen meat of lamb, boneless 02044390 Frozen meat of sheep, boneless 09.3051 0409 Natural honey 5000 5000 09.3052 170112 Raw beet sugar not containing added flavouring or colouring matter 20070 20070 170191 170199 Other sugar than raw sugar 17022010 Maple sugar in solid form, containing added flavouring or colouring matter 17029030 Isoglucose in solid form, containing in the dry state 50 % by weight of fructose 17029050 Maltodextrine in solid form and maltodextrine syrup, containing in the dry state 50 % by weight of fructose 17029071 17029075 17029079 Caramel 17029080 Inulin syrup 17029095 Other sugars, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose 09.3053 170230 170240 Glucose and glucose syrup, not containing fructose or containing in the dry state less than 50 % by weight of fructose, excluding invert sugar 10000 10000 170260 Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose, excluding invert sugar 09.3054 21069030 Flavoured or coloured isoglucose syrups 2000 2000 21069055 Flavoured or coloured glucose syrup and maltodextrine syrup 21069059 Flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups) 09.3055 ex11031920 Barley groats 6300 6300 11031990 Groats and meals of cereals (excl. wheat, rye, oats, maize, rice and barley) 11032090 Cereal pellets (excl. wheat, rye, oats, maize, rice and barley) 11041910 Rolled or flaked wheat grains 11041950 Rolled or flaked maize grains 11041961 Rolled barley grains 11041969 Flaked barley grains 110429 Worked grains (for example, hulled, pearled, sliced or kibbled), other than of oats, of rye or of maize 110430 Germ of cereals, whole, rolled, flaked or ground 09.3056 1107 Malt, whether or not roasted 7000 7000 1109 Wheat gluten, whether or not dried 09.3057 110811 Wheat starch 10000 10000 110812 Maize starch 110813 Potato starch 09.3058 35051010 35051090 Dextrins and other modified starches (excl. starches, esterified or etherified) 1000 1000 35052030 35052050 35052090 Glues containing, by weight, 25 % or more of starches or dextrins or other modified starches 09.3059 230210 230230 23024010 23024090 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) 16000 16000 23031011 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 09.3060 071151 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 500 500 200310 Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid 09.3061 071151 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 500 500 09.3062 2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid 10000 10000 09.3063 20096190 Grape juice (including grape must), of a Brix value not exceeding 30, of a value exceeding 18 EUR per 100 kg net weight 10000 10000 20096911 Grape juice (including grape must), of a Brix value exceeding 67, of a value not exceeding 22 EUR per 100 kg net weight 20096971 20096979 20096990 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 200971 200979 Apple juice 09.3064 04031051 04031053 04031059 04031091 04031093 04031099 04039071 04039073 04039079 04039091 04039093 04039099 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 2000 2000 09.3065 04052010 04052030 Dairy spreads of a fat content, by weight, of 39 % or more but not exceeding 75 % 250 250 09.3066 071040 07119030 20019030 20049010 200580 Sweetcorn 1500 1500 09.3067 170250 Chemically pure fructose 2000 2000 17029010 Chemically pure maltose ex17049099 Other sugar confectionery, not containing cocoa, containing 70 % or more by weight of sucrose 18061030 18061090 Cocoa powder, containing 65 % or more by weight of sucrose or isoglucose expressed as sucrose ex18062095 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 ex19019099 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 21011298 21012098 Preparations with a basis of coffee, tea or maté 33021029 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 volume not exceeding 0,5 % 09.3068 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms 2000 2000 190430 Bulgur wheat 09.3069 18062070 Chocolate milk crumb 300 300 21061080 Other protein concentrates and textured protein substances 22029099 Non-alcoholic beverages other than waters, containing 2 % or more by weight of fat obtained from the products of headings 0401 to 0404 09.3070 21069098 Other food preparations not elsewhere specified or included 2000 2000 09.3071 220710 22089091 22089099 Undenatured ethyl alcohol 27000 27000 220720 Ethyl alcohol and other spirits, denatured, of any strength 09.3072 240210 Cigars, cheroots and cigarillos, containing tobacco 2500 2500 24022090 Cigarettes containing tobacco, not containing cloves 09.3073 290543 Mannitol 100 100 290544 D-glucitol (sorbitol) 382460 Sorbitol other than that of subheading 290544 09.3074 38091010 38091030 38091050 38091090 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 2000 2000 09.3075 070320 Garlic, fresh or chilled 500 500 09.3076 1004 Oats 4000 4000
ANNEX II
.
ANNEX III
Tariff rate quotas for specific agricultural products referred to in Article 3(3) Product Tariff classification Quantity for the quota period running from 23.4.2014 until 31.12.2014 Quantity for the quota period running from 1.1.2015 until 31.12.2015 Beef meat 0201.10.(00) 0201.20.(20-30-50-90) 0201.30.(00) 0202.10.(00) 0202.20.(10-30-50-90) 0202.30.(10-50-90) 12000 tonnes/year expressed in net weight 12000 tonnes/year expressed in net weight Pork meat 0203.11.(10) 0203.12.(11-19) 0203.19.(11-13-15-55-59) 0203.21.(10) 0203.22.(11-19) 0203.29.(11-13-15-55-59) 20000 tonnes/year expressed in net weight + 20000 tonnes/year expressed in net weight (for the CN codes 0203.11.(10) 0203.12.(19) 0203.19.(11-15-59) 0203.21.(10) 0203.22.(19) 0203.29.(11-15-59)) 20000 tonnes/year expressed in net weight + 20000 tonnes/year expressed in net weight (for the CN codes 0203.11.(10) 0203.12.(19) 0203.19.(11-15-59) 0203.21.(10) 0203.22.(19) 0203.29.(11-15-59)) Poultrymeat and poultrymeat preparations 0207.11.(30-90) 0207.12.(10-90) 0207.13.(10-20-30-50-60-99) 0207.14.(10-20-30-50-60-99) 0207.24.(10-90) 0207.25.(10-90) 0207.26.(10-20-30-50-60-70-80-99) 0207.27.(10-20-30-50-60-70-80-99) 0207.32.(15-19-51-59-90) 0207.33.(11-19-59-90) 0207.35.(11-15-21-23-25-31-41-51-53-61-63-71-79-99) 0207.36.(11-15-21-23-31-41-51-53-61-63-79-90) 0210.99.(39) 1602.31.(11-19-30-90) 1602.32.(11-19-30-90) 1602.39.(21) 16000 tonnes/year expressed in net weight + 20000 tonnes/year expressed in net weight (for the CN code 0207.12.(10-90)) 16000 tonnes/year expressed in net weight + 20000 tonnes/year expressed in net weight (for the CN code 0207.12.(10-90)) Milk, cream, condensed milk and yogurts 0401.10.(10-90) 0401.20.(11-19-91-99) 0401.30.(11-19-31-39-91-99) 0402.91.(10-30-51-59-91-99) 0402.99.(10-31-39-91-99) 0403.10.(11-13-19-31-33-39) 0403.90.(51-53-59-61-63-69) 8000 tonnes/year expressed in net weight 8000 tonnes/year expressed in net weight Milk powder 0402.10.(11-19-91-99) 0402.21.(11-17-19-91-99) 0402.29.(11-15-19-91-99) 0403.90.(11-13-19-31-33-39) 0404.90.(21-23-29-81-83-89) 1500 tonnes/year expressed in net weight 1500 tonnes/year expressed in net weight Butter and dairy spreads 0405.10.(11-19-30-50-90) 0405.20.(90) 0405.90.(10-90) 1500 tonnes/year expressed in net weight 1500 tonnes/year expressed in net weight Eggs and albumins 0407.00.(30) 0408.11.(80) 0408.19.(81-89) 0408.91.(80) 0408.99.(80) 3502.11.(90) 3502.19.(90) 3502.20.(91-99) 1500 tonnes/year expressed in shell-egg equivalent + 3000 tonnes/year expressed in net weight (for the CN code 0407.00.(30)) 1500 tonnes/year expressed in shell-egg equivalent + 3000 tonnes/year expressed in net weight (for the CN code 0407.00.(30)) Common wheat, flours, and pellets 1001.90.(99) 1101.00.(15-90) 1102.90.(90) 1103.11.(90) 1103.20.(60) 950000 tonnes/year 950000 tonnes/year Barley, flour and pellets 1003.00.(90) 1102.90.(10) 1103.20.(20) 250000 tonnes/year 250000 tonnes/year Maize, flour and pellets 1005.90.(00) 1102.20.(10-90) 1103.13.(10-90) 1103.20.(40) 1104.23.(10-30-90-99) 400000 tonnes/year 400000 tonnes/yea
Versions
Cited by
- Commission Implementing Regulation (EU) No 1168/2014 of 31 October 2014 amending Implementing Regulation (EU) No 414/2014 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine Regulation · Grade B
Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council. The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and for fixing the quantities of the quotas for 2015. It is therefore appropriate to amend Implementing Regulation (EU) No 414/2014.
- Commission Implementing Regulation (EU) No 1167/2014 of 31 October 2014 amending Implementing Regulation (EU) No 413/2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine Regulation · Grade B
Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council. The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and for fixing the quantities of the quotas for 2015. It is therefore appropriate to amend Implementing Regulation (EU) No 413/2014.
- Commission Implementing Regulation (EU) No 1166/2014 of 31 October 2014 amending Implementing Regulation (EU) No 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine Regulation · Grade B
Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council. The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and for fixing the quantities of the quotas for 2015. It is therefore appropriate to amend Implementing Regulation (EU) No 412/2014.
- Council Decision (EU) 2018/156 of 22 January 2018 on the position to be taken on behalf of the European Union within the Association Council established by 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 supplementing Annex I-A to Chapter 1 of Title IV of that Agreement, and within the Association Committee in Trade configuration, as regards recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to Chapter 1 of Title IV of that Agreement Decision · Grade B
A clarification on the modalities of tariff dismantlement was adopted by means of Regulation (EU) No 1150/2014 of the European Parliament and the Council, in the context of the amendment to the autonomous trade preferences, with a view to specifying the reduction to be applied to the base rate of customs duties for each staging category referred to in Annex I to Regulation (EU) No 374/2014.
- Council Decision (EU) 2018/156 of 22 January 2018 on the position to be taken on behalf of the European Union within the Association Council established by 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 supplementing Annex I-A to Chapter 1 of Title IV of that Agreement, and within the Association Committee in Trade configuration, as regards recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to Chapter 1 of Title IV of that Agreement Decision · Grade B
Regulation (EU) No 1150/2014 of the European Parliament and of the Council, inter alia introduced a clarification on the specific reduction to be applied to the base rate of customs duties for each staging category referred to in Annex I to that Regulation.
- Commission Implementing Regulation (EU) No 1165/2014 of 31 October 2014 amending Regulation (EC) No 2535/2001 as regards the management of the tariff quotas for dairy products originating in Ukraine Regulation · Grade B
Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council. The amendment primarily provides for the extension of the application of Regulation (EU) No 374/2014 until 31 December 2015 and in fixing the quantities of the quotas for 2015. It is therefore appropriate to provide for the management of the tariff quotas referred to in Article 5(l) of Regulation (EC) No 2535/2001 for 2015.
- Commission Implementing Regulation (EU) No 1169/2014 of 31 October 2014 amending Implementing Regulation (EU) No 416/2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine Regulation · Grade B
Regulation (EU) No 374/2014 has been amended by Regulation (EU) No 1150/2014 of the European Parliament and of the Council. The amendment consists mainly in extending the applicability of Regulation (EU) No 374/2014 until 31 December 2015 and setting the quantities of the quotas for 2015.
- P8_TA(2014)0042 Customs duties on goods originating in Ukraine ***I European Parliament legislative resolution of 23 October 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 374/2014 on the reduction or elimination of customs duties on goods originating in Ukraine (COM(2014)0597 — C8-0165/2014 — 2014/0279(COD)) (Ordinary legislative procedure: first reading) 2016/C 274/14 Notice · Grade B
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1150/2014.)