Commission Regulation (EC) No 1460/2005

of 8 September 2005

amending Council Regulation (EC) No 747/2001 as regards Community tariff quotas and reference quantities for certain products originating in Algeria

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 18 July 2005 [2], the Council approved the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People‘檚 Democratic Republic of Algeria, of the other part.

(2) That Agreement provides, for certain products originating in Algeria, for tariff concessions that apply within the limits of Community tariff quotas and in the framework of reference quantities.

(3) To implement the tariff quotas and reference quantities, it is necessary to amend Regulation (EC) No 747/2001.

(4) Because Commission Regulation (EEC) No 3590/85 of 18 December 1985 on the certificate and analysis report required for the importation of wine, grape juice and grape must [3] was repealed by Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector [4], the reference in Regulation (EC) No 747/2001 to Regulation (EEC) No 3590/85 should, for reasons of clarity, be replaced by a new reference to Regulation (EC) No 883/2001.

(5) For the year 2005 the volumes of the new tariff quotas should be calculated as a pro rata of the basic volumes specified in the Agreement, in proportion to the part of the period elapsed before the date of entry into force of the Agreement.

(6) In order to facilitate the management for the year 2005 of the two tariff quotas already existing in Regulation (EC) No 747/2001 for wines originating in Algeria, the quantities imported within the framework of those quotas should be charged against the corresponding tariff quotas opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation.

(7) Since the Agreement applies from 1 September 2005, this Regulation should apply from the same date.

(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

Regulation (EC) No 747/2001 is amended as follows:

1. Article 3(1) is replaced by the following text:

"Article 3

Special conditions for entitlement to the tariff quotas for certain wines

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 VI 1 document or a VI 2 extract annotated in compliance with Article 32(2) of Regulation (EC) No 883/2001."

2. Annex I is replaced by the text set out in the Annex to this Regulation.

Article 2

For the year 2005, the volumes of the Community tariff quotas for which the quota period starts before the date of entry into force of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part, except for the volumes of the tariff quotas for wines with order numbers 09.1001 and 09.1003, shall be reduced in proportion to the part of the period which elapsed before that date.

Article 3

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

It shall apply with effect from 1 September 2005.

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

Done at Brussels, 8 September 2005.

For the Commission

L谩szl贸 Kov谩cs

Member of the Commission

[1] OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 503/2005 (OJ L 83, 1.4.2005, p. 13).

[2] Not yet published in the Official Journal.

[3] OJ L 343, 20.12.1985, p. 20.

[4] OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

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ANNEX

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"ANNEX I

ALGERIA

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

Order No | CN code | TARIC sub-division | Description of goods | Quota period | Quota volume(in tonnes net weight) | Quota duty |

09.1002 | 04090000 | | Natural honey | from 1.1. to 31.12. | 100 | Exemption |

09.1004 | 0603 | | Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared | from 1.1. to 31.12. | 100 | Exemption |

09.1005 | 0604 | | Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared | from 1.1. to 31.12. | 100 | Exemption |

09.1006 | ex07019050 | | New potatoes, fresh or chilled | from 1.1. to 31.3. | 5000 | Exemption |

09.1007 | 08091000 | | Apricots, fresh | from 1.1. to 31.12. | 1000 | Exemption |

09.1008 | 08101000 | | Strawberries, fresh | from 1.11. to 31.3. | 500 | Exemption |

09.1009 | 1509 | | Olive oil and its fractions, whether or not refined, but not chemically modified | from 1.1. to 31.12. | 1000 | Exemption |

151000 | | Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509 |

09.1010 | ex15121990 | 10 | Refined sunflower-seed oil | from 1.1. to 31.12. | 25000 | Exemption |

09.1011 | 20021010 | | Peeled tomatoes, prepared or preserved otherwise than by vinegar or acetic acid | from 1.1. to 31.12. | 300 | Exemption |

09.1012 | 20029031200290392002909120029099 | | Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, other than whole or in pieces, with a dry matter content of not less than 12 % by weight | from 1.1. to 31.12. | 300 | Exemption |

09.1013 | 200950 | | Tomato juice | from 1.1. to 31.12. | 200 | Exemption |

09.1014 | ex20098035 | 40, 91 | Apricot juice | from 1.1. to 31.12. | 200 | Exemption |

ex20098038 | 93, 97 |

ex20098079 | 40, 80 |

ex20098086 | 50, 80 |

ex20098089 | 50, 80 |

ex20098099 | 15, 92 |

09.1001 | ex22042179 | 71 | Wines entitled to one of the following designations of origin: A茂n Bessem-Bouira, Médéa, Coteaux du Zaccar, Dahra, Coteaux de Mascara, Monts du Tessalah, Coteaux de Tlemcen, of an actual alcoholic strength by volume not exceeding 15 % vol, in containers holding 2 l or less | from 1.1. to 31.12. | 224000 hl | Exemption |

ex22042180 | 71 |

ex22042184 | 51 |

ex22042185 | 71 |

09.1003 | 2204101922041099 | | Other sparkling wine | from 1.1. to 31.12. | 224000 hl | Exemption |

2204211022042179 | | Other wine of fresh grapes |

ex22042180 | 717980 |

22042184 | |

ex22042185 | 717980 |

ex22042194 | 20 |

ex22042198 | 20 |

ex220421992204291022042965 | 10 |

ex2204297522042983 | 10 |

ex22042984 | 20 |

ex22042994 | 20 |

ex22042998 | 20 |

ex22042999 | 10 |

PART B:

Reference quantities

Order No | CN code | TARIC sub-division | Description of goods | Reference quantity period | Reference quantity volume(in tonnes net weight) | Reference quantity duty |

18.0410 | 07041000 | | Cauliflowers and headed broccoli, fresh or chilled | from 1.1. to 14.4. and from 1.12. to 31.12. | 1000 | Exemption |

07042000 | | Brussels sprouts, fresh or chilled | from 1.1. to 31.12. |

070490 | | Other cabbages, kohlrabi, kale and similar edible brassicas, fresh or chilled | from 1.1. to 31.12. |

18.0420 | 07095200 | | Truffles, fresh or chilled | from 1.1. to 31.12. | 100 | Exemption |

18.0430 | ex20051000 | 102040 | Homogenised asparagus, carrots and mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0440 | ex20051000 | 3080 | Other homogenised vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than asparagus, carrots and mixtures of vegetables | from 1.1. to 31.12. | 200 | Exemption |

18.0450 | 20055100 | | Beans, shelled, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0460 | 20056000 | | Asparagus, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0470 | 20059050 | | Globe artichokes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0480 | 20059060 | | Carrots, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0490 | 20059070 | | Mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0500 | 20059080 | | Other vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen | from 1.1. to 31.12. | 200 | Exemption |

18.0510 | 20079190 | | Jams, fruit jellies, marmalades, purées and pastes, obtained by cooking of citrus fruit, with a sugar content not exceeding 13 % by weight, other than homogenised preparations | from 1.1. to 31.12. | 200 | Exemption |

18.0520 | 20079991 | | Apple purée, including compotes, with a sugar content not exceeding 13 % by weight | from 1.1. to 31.12. | 200 | Exemption |

18.0530 | 20079998 | | Jams, fruit jellies, marmalades, purées and pastes, obtained by cooking of other fruit, with a sugar content not exceeding 13 % by weight, other than homogenised preparations | from 1.1. to 31.12. | 200 | Exemption" |

[1] The exemption applies only to the ad valorem duty.

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