52000PC0361

Proposal for a COUNCIL REGULATION replacing the annex to Regulation (EC) No 2793/99 on certain procedures for applying the Trade, Development and Co-operation Agreement between the European Community and the Republic of South Africa

(presented by the Commission)

EXPLANATORY MEMORANDUM

When published, Council Regulation (EC) No 2793/99 contained a number of material errors in its annex. The present proposal would correct those errors and update certain Combined Nomenclature codes.

The following corrections are necessary in all languages:

"In the Annex, in the sixth column:

- at order No 09.1803, replace "50 MFN or 80 GSP (3)" by "50 MFN or 20 GSP (3)"

- at order No 09.1805, replace "50 MFN or 80 GSP (3)" by "50 MFN or 20 GSP (3)"

- at order No 09.1809, replace "25 MFN (3)" by "75 MFN"

Other corrections to the Annex should be made in individual languages:

German only - 5th column, 09.1819, replace "7 000 Tonnen" by "700 Tonnen",

- 6th column, 09.1825, insert the tariff reduction "100".

English only - 5th column, 09.1821, replace "700 tonnes" by "5 000 tonnes",

- 5th column, 09.1825, insert "agf 3 %".

Greek only - 5th column, 09.1819, replace "7 000 ôüíïé ìåéêôü âÜñïò" by "700 ôüíïé"

- 5th column, 09.1821, replace "5 000 ôüíïé ìåéêôü âÜñïò" by "5 000 ôüíïé",

- 5th column, 09.1825, replace "ó.å.á 3 %" by "ó.å.á 5 %".

The following Combined Nomenclature codes are updated:

Old New

0603 10 15 0603 10 30

0603 10 51 0603 10 10

0603 10 65 0603 10 50

0603 10 29 0603 10 80

0603 10 69 0603 10 80

2000/0150 (ACC)

Proposal for a COUNCIL REGULATION replacing the annex to Regulation (EC) No 2793/99 on certain procedures for applying the Trade, Development and Co-operation Agreement between the European Community and the Republic of South Africa

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The annex of Council Regulation (EC) No 2793/99 of 17 December 1999 on certain procedures for applying the Trade, Development and Co-operation Agreement between the European Community and the Republic of South Africa [1], as published in the Official Journal of 30 December 1999, contained material errors, and those errors should be corrected.

[1] OJ L 337, 30.12.1999, p.29

(2) Commission Regulation (EC) No 2204/1999 of 12 October 1999 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff [2] embodies new elements which affect the annex mentioned in recital 1; it is convenient to adapt the Combined Nomenclature codes mentioned in that annex to those applicable from 1 January 2000,

[2] OJ L 278, 28.10.1999, p.1.

HAS ADOPTED THIS REGULATION:

Article 1

The Annex of Regulation (EC) No 2793/99 shall be replaced by the Annex 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 Communities.

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

Done at Brussels,

For the Council

ANNEX

concerning products referred to in Article 2

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. 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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(1) Annual growth factor (agf) = % of base year volume

(2) Net weight, unless otherwise stated

(3) Whichever results in the lower duty applicable

FINANCIAL STATEMENT

1. Title of operation

Proposal for a Council Regulation (EC) on certain procedures for applying the Co-operation Agreement between the European Community and the Republic of South Africa.

2. Budget heading involved

Chapter 12, Article 120

3. Legal basis

Article 133 of the Treaty

4. Description of operation

4.1 General objective

To ensure the correct publication of the Annex to Regulation (EC) No 2793/99.

5. Financial impact

This Regulation does not entail any financial losses or gains, other than those foreseen in the financial statement made on the occasion of the Decision adopting the Agreement.

6. Fraud prevention measures

The fraud prevention measures contained in Regulation (EC) No 2793/99 are unaffected by this proposal.