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Document 32004R2279

    Commission Regulation (EC) No 2279/2004 of 30 December 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in the West Bank and the Gaza Strip

    OJ L 396, 31.12.2004, p. 38–41 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
    OJ L 338M, 17.12.2008, p. 117–123 (MT)

    This document has been published in a special edition(s) (BG, RO, HR)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg/2004/2279/oj

    31.12.2004   

    EN

    Official Journal of the European Union

    L 396/38


    COMMISSION REGULATION (EC) No 2279/2004

    of 30 December 2004

    amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in the West Bank and the Gaza Strip

    THE COMMISSION OF THE EUROPEAN COMMUNITIES,

    Having regard to the Treaty establishing the European Community,

    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)

    By its Decision of 22 December 2004 (2), the Council has concluded an Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of the Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement. That new Agreement applies from 1 January 2005.

    (2)

    The new Protocol No 1 concerning the arrangements applicable to imports into the Community of agricultural products originating in the West Bank and the Gaza Strip hereinafter ‘the new Protocol No 1’, provides for new tariff concessions and changes to the existing concessions laid down in Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities.

    (3)

    To implement the tariff concessions provided for in the new Protocol No 1, it is necessary to amend Regulation (EC) No 747/2001.

    (4)

    For the purpose of calculating tariff quotas and reference quantities for the first year of application, it should be provided that, where the period for the quota or reference quantity starts before the date from which the new Agreement applies, the tariff quota volume and reference quantity are to be reduced in proportion to that part of the period which has already elapsed before that date.

    (5)

    In order to facilitate the management of certain existing tariff quotas and reference quantities provided for in Regulation (EC) No 747/2001, the quantities imported within the framework of those quotas and reference quantities should be taken into account for charging on the measures opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation.

    (6)

    In accordance with the new Protocol No 1, the tariff quota volumes for certain products should be increased twice.

    (7)

    Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible.

    (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 VIII to Regulation (EC) No 747/2001 shall be replaced by the text set out in the Annex to this Regulation.

    Article 2

    For the quota and reference quantity periods still open on 1 January 2005, the quantities which pursuant to Regulation (EC) No 747/2001 have been put into free circulation in the Community within the tariff quota and reference quantities with order numbers 09.1381, 18.0310, 18.0340 and 18.0380 shall be taken into account for charging on the tariff quota and reference quantities laid down in Annex VIII to Regulation (EC) No 747/2001, as amended by this Regulation.

    Article 3

    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 January 2005.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 30 December 2004.

    For the Commission

    László KOVÁCS

    Member of the Commission


    (1)   OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 2256/2004 (OJ L 385, 29.12.2004, p. 24).

    (2)  Not yet published in the Official Journal.


    ANNEX

    ‘ANNEX VIII

    WEST BANK AND THE GAZA STRIP

    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 the current 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.

    PART A: Tariff quotas

    Order No

    CN code

    Description of goods

    Quota period

    Quota volume

    (in tonnes net weight)

    Quota duty

    09.1383

    0409 00 00

    Natural honey

    From 1.1 to 31.12.2005

    500

    Exemption

    From 1.1 to 31.12.2006

    750

    From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

    1 000

    09.1382

    0603 10

    Fresh cut flowers and flower buds of a kind suitable for ornamental purposes

    From 1.1 to 31.12.2005

    2 000

    Exemption

    From 1.1 to 31.12.2006

    2 250

    From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

    2 500

    09.1384

    0712 31 00

    0712 32 00

    0712 33 00

    0712 39 00

    Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles, dried

    From 1.1 to 31.12

    500

    Exemption

    09.1385

    0806 10 10

    Fresh table grapes

    From 1.2 to 14.7.2005

    1 000

    Exemption

    From 1.2 to 14.7.2006

    1 500

    From 1.2 to 14.7.2007 and for each period thereafter from 1.2 to 14.7

    2 000

    09.1381

    0810 10 00

    Fresh strawberries

    From 1.11.2004 to 31.3.2005

    1 680

    Exemption

    From 1.11.2005 to 31.3.2006

    2 500

    From 1.11.2006 to 31.3.2007 and for each period thereafter from 1.11 to 31.3

    3 000

    09.1386

    1509 10

    Virgin olive oil

    From 1.1 to 31.12.2005

    2 000

    Exemption

    From 1.1 to 31.12.2006

    2 500

    From 1.1 to 31.12.2007 and for each period thereafter from 1.1 to 31.12

    3 000


    PART B: Reference quantities

    Order No

    CN code

    Taric subdivision

    Description of goods

    Reference quantity period

    Reference quantity volume

    (in tonnes net weight)

    Reference quantity duty

    18.0310

    0702 00 00

     

    Tomatoes, fresh or chilled

    From 1.12.2004 to 31.3.2005

    1 750

    Exemption (1)

    From 1.12.2005 to 31.3.2006 and for each period thereafter from 1.12 to 31.3

    2 000

    18.0320

    0709 30 00

     

    Aubergines (eggplants), fresh or chilled

    From 15.1 to 30.4

    3 000

    Exemption

    18.0330

    ex 0709 60

     

    Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:

    From 1.1 to 31.12

    1 000

    Exemption

    0709 60 10

    Sweet peppers

    0709 60 99

    Other

    18.0340

    0709 90 70

     

    Courgettes, fresh or chilled

    From 1.12 to 28/29.2

    300

    Exemption (1)

    18.0350

    0805 10 20

     

    Fresh oranges

    From 1.1 to 31.12

    25 000

    Exemption (1)

    ex 0805 10 80

    10

    18.0360

    ex 0805 20 10

    05

    Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh

    From 1.1 to 31.12

    500

    Exemption (1)

    ex 0805 20 30

    05

    ex 0805 20 50

    07, 37

    ex 0805 20 70

    05

    ex 0805 20 90

    05, 09

    18.0370

    ex 0805 50 10

    10

    Lemons (Citrus limon, Citrus limonum), fresh

    From 1.1 to 31.12

    800

    Exemption (1)

    18.0380

    0807 19 00

     

    Melons (excluding watermelons), fresh

    From 1.11 to 31.5

    10 000

    Exemption’


    (1)  The exemption applies only to the ad valorem duty.


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