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
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Address https://gelex.eu/eli/EU/regulation/2015/2405@2015-12-18/en
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, and in particular point (a) of Article 187 thereof,
Whereas:
(1) Council Decision 2014/668/EU 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 (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, 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.
(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, as amended by Commission Implementing Regulation (EU) No 1101/2014, 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
ANNEX
Anx. 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 02042250 02042290 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. 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 02044390 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. 5000 09.6702 070320 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 4000 09.6704 170112 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 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 09.6705 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 10000 170260 Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose, excluding invert sugar 09.6706 21069030 Flavoured or coloured isoglucose syrups From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000 21069055 Flavoured or coloured glucose syrup and maltodextrine syrup 21069059 Flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups) 09.6707 ex11031920 Barley groats and meals From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 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 11041950 11041961 11041969 Rolled or flaked wheat grains Rolled or flaked maize grains Rolled barley grains Flaked barley grains ex110429 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 09.6708 1107 Malt, whether or not roasted From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 7000 1109 Wheat gluten, whether or not dried 09.6709 110811 Wheat starch From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 10000 110812 Maize starch 110813 Potato starch 09.6710 35051010 35051090 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 1000 35052030 35052050 35052090 Glues containing, by weight, 25 % or more of starches or dextrins or other modified starches 09.6711 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) From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 17000 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 09.6712 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 500 200310 Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid 09.6713 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 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 10000 09.6715 20096190 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 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 09.6716 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000 09.6717 04052010 04052030 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 071040 07119030 20019030 20049010 200580 Sweetcorn From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 1500 09.6719 170250 Chemically pure fructose From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 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 mate 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 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 2000 190430 Bulgur wheat 09.6721 18062070 Chocolate milk crumb From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 300 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 09.6722 21069098 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 2000 09.6723 220710 22089091 22089099 Undenatured ethyl alcohol From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 27000 220720 Ethyl alcohol and other spirits, denatured, of any strength 09.6724 240210 Cigars, cheroots and cigarillos, containing tobacco From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2500 24022090 Cigarettes containing tobacco, not containing cloves 09.6725 290543 Mannitol From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 100 290544 D-glucitol (sorbitol) 382460 Sorbitol other than that of subheading 290544 09.6726 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000
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 02042250 02042290 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. 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 02044390 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. 5000 09.6702 070320 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 4000 09.6704 170112 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 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 09.6705 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 10000 170260 Other fructose and fructose syrup, containing in the dry state more than 50 % by weight of fructose, excluding invert sugar 09.6706 21069030 Flavoured or coloured isoglucose syrups From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000 21069055 Flavoured or coloured glucose syrup and maltodextrine syrup 21069059 Flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups) 09.6707 ex11031920 Barley groats and meals From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 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 11041950 11041961 11041969 Rolled or flaked wheat grains Rolled or flaked maize grains Rolled barley grains Flaked barley grains ex110429 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 09.6708 1107 Malt, whether or not roasted From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 7000 1109 Wheat gluten, whether or not dried 09.6709 110811 Wheat starch From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 10000 110812 Maize starch 110813 Potato starch 09.6710 35051010 35051090 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 1000 35052030 35052050 35052090 Glues containing, by weight, 25 % or more of starches or dextrins or other modified starches 09.6711 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) From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 17000 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 09.6712 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 500 200310 Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid 09.6713 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 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 10000 09.6715 20096190 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 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 09.6716 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000 09.6717 04052010 04052030 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 071040 07119030 20019030 20049010 200580 Sweetcorn From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 1500 09.6719 170250 Chemically pure fructose From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 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 mate 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 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 2000 190430 Bulgur wheat 09.6721 18062070 Chocolate milk crumb From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 300 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 09.6722 21069098 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 2000 09.6723 220710 22089091 22089099 Undenatured ethyl alcohol From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 27000 220720 Ethyl alcohol and other spirits, denatured, of any strength 09.6724 240210 Cigars, cheroots and cigarillos, containing tobacco From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2500 24022090 Cigarettes containing tobacco, not containing cloves 09.6725 290543 Mannitol From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 100 290544 D-glucitol (sorbitol) 382460 Sorbitol other than that of subheading 290544 09.6726 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 From 1.1. to 31.12.2016 and for each period thereafter from 1.1. to 31.12 2000