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

• CELEX: Regulation (EC) No 747/2001
• Articles: 10

Article 1

Tariff concessions within Community tariff quotas or within reference quantities

When products originating in Algeria, Morocco, Tunisia, Egypt, Jordan, Syria, Israel, West Bank and the Gaza Strip, Turkey, Malta and Cyprus listed in Annexes I to XI are put into free circulation in the Community, they shall be eligible for exemption or reduced rates of customs duties within the limits of the Community tariff quotas or in the framework of the reference quantities, during the periods and in accordance with the provisions set out in this Regulation.

Article 2

Special provisions for tariff quotas for fresh cut flowers and flower buds

1. The application of the tariff quotas for fresh cut flowers and flower buds may, by Commission Regulation, be suspended and the Common Customs Tariff duty re-established for large-flowered roses, small-flowered roses, uniflorous (bloom) carnations and multiflorous (spray) carnations if the price conditions laid down by Regulation (EEC) No 4088/87 are not being observed.

2. Imports into the Community of products on which the Common Customs Tariff duty has been re-established during the period of application of such re-establishment, shall not be eligible for benefit from the tariff quota concerned.

Article 3

Special conditions for entitlement to the tariff quotas for certain wines

1. To benefit from the Community tariff quotas mentioned in Annexes I to III under order numbers 09.1001, 09.1107 and 09.1205, the wines shall be accompanied either by a certificate of designation of origin issued by the relevant Algerian, Moroccan or Tunisian authority, in accordance with the model set out in Annex XII, or, by a V I 1 document or a V I 2 extract annotated in compliance with Article 9 of Regulation (EEC) No 3590/85.

2. Entitlement to benefit from the tariff quota under order number 09.1417 referred to in Annex XI for liqueur wines originating in Cyprus is subject to compliance with the condition that the wines be designated as "liqueur wines" in the V I 1 document or a V I 2 extract provided for in Regulation (EEC) No 3590/85.

Article 4

Management of tariff quotas and reference quantities

1. The tariff quotas referred to in this Regulation shall be managed by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

2. Products put into free circulation with the benefit of the preferential rates, in particular those provided within the reference quantities referred to in Article 1, shall be subject to Community surveillance in accordance with Article 308d of Regulation (EEC) No 2454/93. The Commission in consultation with the Member States shall decide on the products other than those covered by reference quantities to which surveillance applies.

3. Communication referring to the management of tariff quotas and reference quantities between the Member States and the Commission shall be effected, as far as possible, by telematic link.

Article 5

Conferment of powers

1. Without prejudice to the procedure laid down by Council Regulation (EC) No 3448/93, the Commission can, in accordance with the procedure referred to in Article 6(2) of this Regulation, adopt the provisions necessary for the application of this Regulation, notably:

(a) amendments and technical adjustments necessary following changes to the Combined Nomenclature codes and to the Taric-subdivisions;

(b) the necessary adaptations arising from the entry into force of new agreements, protocols, Exchanges of Letters or any other act concluded between the Community and Mediterranean countries and adopted by the Council, where such agreements, protocols, Exchanges of Letters or other Council acts specify the products eligible for tariff preferences in the framework of tariff quotas and reference quantities, their volumes, duties, periods and any eligibility criteria.

2. The provisions adopted in accordance with paragraph 1 do not authorise the Commission to:

(a) carry over preferential quantities from one period to another;

(b) transfer quantities under one tariff quota or reference quantity to another tariff quota or reference quantity;

(c) transfer quantities from a tariff quota to a reference quantity and vice versa;

(d) change the timetables laid down in the agreements, protocols, Exchanges of Letters or other Council acts;

(e) adopt legislation affecting tariff quotas managed by means of import licences.

Article 6

Management Committee

1. The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92(26), hereinafter referred to as the "Committee".

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

3. The Committe shall adopt its Rules of Procedure.

Article 7

Cooperation

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 8

Repeals

Regulations (EC) No 1981/94 and (EC) No 934/95 are hereby repealed.

References to Regulations (EC) No 1981/94 and (EC) No 934/95 shall be deemed to refer to this Regulation and read according to the correspondence table in Annex XIII.

Article 9

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2001 for the tariff quotas mentioned in Annex III under order numbers 09.1211, 09.1215, 09.1217, 09.1218, 09.1219 and 09.1220.

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

Done at Luxembourg, 9 April 2001.

For the Council

The President

A. Lindh

(1) OJ L 297, 21.10.1987, p. 1.

(2) OJ L 297, 21.10.1987, p. 10.

(3) OJ L 297, 21.10.1987, p. 18.

(4) OJ L 327, 30.11.1988, p. 57.

(5) OJ L 81, 23.3.1989, p. 2.

(6) OJ L 393, 31.12.1987, p. 1.

(7) OJ L 337, 24.12.1994, p. 9.

(8) OJ L 181, 1.7.1992, p. 9.

(9) OJ L 89, 4.4.1997, p. 1.

(10) OJ L 292, 15.11.1996, p. 31.

(11) OJ L 327, 18.12.1996, p. 3.

(12) OJ L 86, 20.3.1998, p. 1.

(13) OJ L 187, 16.7.1997, p. 3.

(14) OJ L 97, 30.3.1998, p. 2.

(15) OJ L 70, 18.3.2000, p. 2.

(16) OJ L 147, 21.6.2000, p. 3.

(17) OJ L 199, 2.8.1994, p. 1. Regulation as last amended by Commission Regulation (EC) No 563/2000 (OJ L 68, 16.3.2000, p. 46).

(18) OJ L 96, 28.4.1995, p. 6. Regulation as last amended by Commission Regulation (EC) No 800/2000 (OJ L 96, 18.4.2000, p. 33).

(19) OJ C 332, 7.11.1996, p. 1.

(20) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(21) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1602/2000 (OJ L 188, 26.7.2000, p. 1).

(22) OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/1997 (OJ L 177, 5.7.1997, p. 1).

(23) OJ L 343, 20.12.1985, p. 20. Regulation as last amended by Regulation (EC) No 960/1998 (OJ L 135, 8.5.1998, p. 4).

(24) OJ L 336, 30.12.2000, p. 92.

(25) OJ L 184, 17.7.1999, p. 23.

(26) OJ L 302, 19.10.1992, p.1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

Schedules & Appendices

ANNEX I

ALGERIA

Tariff quotas

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 this 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.

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ANNEX II

MOROCCO

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 this 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

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PART B: Reference quantities

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ANNEX III

TUNISIA

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 this 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

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PART B: Reference quantities

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ANNEX IV

EGYPT

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 this 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

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PART B: Reference quantities

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ANNEX V

JORDAN

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 this 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 quota

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PART B: Reference quantities

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ANNEX VI

SYRIA

Reference quantity

Nothwithstanding 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 this 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.

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ANNEX VII

ISRAEL

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 this 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

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PART B: Reference quantities

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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 this 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

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PART B: Reference quantities

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ANNEX IX

TURKEY

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 this 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.

Tariff quotas

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ANNEX X

MALTA

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 this 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 quota

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PART B: Reference quantities

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ANNEX XI

CYPRUS

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 this 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

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PART B: Reference quantities

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ANNEX XII

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ANNEX XIII

CORRELATION TABLE

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