THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 1363/95(2), and in particular Article 24 (4) thereof,
Whereas under Regulation (EEC) No 1035/72 import duty additional to that provided for in the Common Customs Tariff (‘additional duty’) can be imposed on certain products covered by that Regulation if the terms of Article 5 of the Agreement on Agriculture(3) are met, unless there is no risk of disturbance of the Community market or the impact would be disproportionate to the end sought;
Whereas additional duty may be imposed if import volumes of the products concerned, determined from import licences issued by Member States or by procedures introduced under a preferential agreement, exceed trigger levels determined by product and period of application as specified in Article 5 (4) of the Agreement on Agriculture;
Whereas additional duty may be imposed only on imports the tariff classification of which made in line with Article 5 of Commission Regulation (EC) No 3223/94(4), as last amended by Regulation (EC) No 2933/95(5), entails application of the highest specific duty and on imports made outside the tariff quotas set in the World Trade Organization framework; whereas no additional duty may be imposed on products which enjoy preferences in respect of the entry price, in so far as their tariff classification does not entail application of the highest specific duty;
Whereas, in the case of imports enjoying tariff preference as to ad valorem duty, calculation of the additional duty must take account of this;
Whereas goods en route to the Community are exempt from additional duty; whereas specific provisions on these should therefore be enacted;
Whereas the introduction of the import licence arrangements will not prevent their being replaced by a rapid computerized procedure for recording imports as soon as it is legally and practically possible to set one up; whereas there will be an evaluation in this respect by 31 December 1997;
Whereas the Management Committee for fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
1. Additional import duty as referred to in Article 33(1) of Council Regulation (EC) No 2200/96 (6) , termed ‘additional duty’ below, may be applied to the products and during the periods listed in the Annex hereto on the conditions set out below.
2. Trigger levels for the additional duties are listed in the Annex hereto.]
Textual Amendments
1. For each of the products listed in the Annex hereto and during the periods indicated Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 308d of Commission Regulation (EEC) No 2454/93 (7) .
Such notification shall take place no later than midday Brussels time each Wednesday for the volumes put into free circulation during the preceding week.
2. Declarations for release for free circulation of products covered by the present Regulation which the customs authorities may accept at the declarant's request without their containing certain particulars referred to in Annex 37 of Regulation (EEC) No 2454/93 shall contain, in addition to the particulars referred to in Article 254 of that Regulation, an indication of the net mass (kg) of the products concerned.
Where the simplified declaration procedure referred to in Article 260 of Regulation (EEC) No 2454/93 is used to put into free circulation products covered by the present Regulation, the simplified declarations shall contain, in addition to other requirements, an indication of the net mass (kg) of the products concerned.
Where the local clearance procedure referred to in Article 263 of Regulation (EEC) No 2454/93 is used to put into free circulation products covered by the present Regulation, the notification to the customs authorities referred to in Article 266(1) of that Regulation shall contain all necessary data for the identification of the goods, as well as an indication of the net mass (kg) of the products concerned.
Article 266(2b) shall not apply to imports of the products covered by the present Regulation.]
Textual Amendments
1. If it is found that, for one of the products and one of the periods listed in the Annex hereto, the quantity put into free circulation exceeds the corresponding triggering volume the Commission shall levy an additional duty.
2. The additional duty shall be levied on quantities put into free circulation after the date of application of the said duty, provided that:
their tariff classification determined in accordance with Article 5 of Regulation (EC) No 3223/94 entails application of the highest specific duties applicable to imports of the origin in question,
importation is effected during the period of application of the additional duty.]
Textual Amendments
1.The additional duty imposed under Article 3 shall be one third of the customs duty applicable to the product given in the Common Customs Tariff.
2.However, for imports enjoying tariff preference as to ad valorem duty the additional duty shall be one third of the specific duty on the product in so far as Article 3 (2) applies.
1.The following are exempt from additional duty:
(a)goods imported against the tariff quotas listed in Annex 7 to the combined nomenclature;
(b)goods en route to the Community as defined in paragraph 2.
2.Goods shall be considered to be en route to the Community that:
left the country of origin before the decision to impose additional duty, and
are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Community, drawn up before imposition of additional duty.
3.Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 2 are met.
However, these authorities may deem that goods left their country of origin before the date of imposition of additional duty if one of the following documents is provided:
for sea transport, the bill of lading showing that loading took place before that date,
for rail transport, the waybill accepted by the rail authorities of the country of origin before that date,
for road transport, the road carriage contract (CMR) or another transit document made out in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Community transit or common transit are observed,
for air transport, the air way bill showing that the airline accepted the goods before that date.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Textual Amendments
Without prejudice to the rules governing the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they exist at the time of the adoption of this Regulation. Where ‘ ex ’ appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and by the corresponding trigger period.
| Serial No | CN code | Description | Trigger period | Trigger level (tonnes) |
|---|---|---|---|---|
| 78.0015 | ex 0702 00 00 | Tomatoes | — 1 October to 31 May | 603 687 |
| 78.0020 | — 1 June to 30 September | 531 117 | ||
| 78.0065 | ex 0707 00 05 | Cucumbers | — 1 May to 31 October | 10 626 |
| 78.0075 | — 1 November to 30 April | 10 326 | ||
| 78.0085 | ex 0709 10 00 | Artichokes | — 1 November to 30 June | 2 071 |
| 78.0100 | 0709 90 70 | Courgettes | — 1 January to 31 December | 65 658 |
| 78.0110 | ex 0805 10 20 | Oranges | — 1 December to 31 May | 620 166 |
| 78.0120 | ex 0805 20 10 | Clementines | — 1 November to end of February | 88 174 |
| 78.0130 | ex 0805 20 30 ex 0805 20 50 ex 0805 20 70 ex 0805 20 90 | Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids | — 1 November to end of February | 94 302 |
| 78.0155 | ex 0805 50 10 | Lemons | — 1 June to 31 December | 291 598 |
| 78.0160 | — 1 January to 31 May | 50 374 | ||
| 78.0170 | ex 0806 10 10 | Table grapes | — 21 July to 20 November | 222 307 |
| 78.0175 | ex 0808 10 80 | Apples | — 1 January to 31 August | 804 433 |
| 78.0180 | — 1 September to 31 December | 117 107 | ||
| 78.0220 | ex 0808 20 50 | Pears | — 1 January to 30 April | 239 335 |
| 78.0235 | — 1 July to 31 December | 29 158 | ||
| 78.0250 | ex 0809 10 00 | Apricots | — 1 June to 31 July | 127 403 |
| 78.0265 | ex 0809 20 95 | Cherries, other than sour cherries | — 21 May to 10 August | 54 213 |
| 78.0270 | ex 0809 30 | Peaches, including nectarines | — 11 June to 30 September | 982 366 |
| 78.0280 | ex 0809 40 05 | Plums | — 11 June to 30 September | 54 605] |