Commission Regulation (EC) No 1154/2009

of 27 November 2009

amending Council Regulation (EC) No 747/2001 as regards Community tariff quotas for certain agricultural and processed agricultural products originating in Israel

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) In 2008 an Agreement was concluded in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, hereinafter referred to as "the Agreement", which was approved by Council Decision 2009/855/EC [2].

(2) The Agreement provides for new tariff quotas for agricultural and processed agricultural products originating in Israel and changes to the existing tariff quotas laid down for such products in Regulation (EC) No 747/2001. In addition, it no longer provides for any tariff concessions granted within reference quantities.

(3) To implement the provisions on the new tariff quotas, the changes to the existing tariff quotas and the ending of reference quantities, Regulation (EC) No 747/2001 should be amended accordingly.

(4) For the purpose of calculating the tariff quotas for the first year of application, provision should be made, in accordance with the Agreement, for the volumes of the tariff quotas for which the quota period starts before the date of entry into force of the Agreement to be reduced by the proportion of that period which has elapsed before that date.

(5) Since the Agreement enters into force on 1 January 2010, this Regulation should apply from that date.

(6) 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 VII to Regulation (EC) No 747/2001 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2010.

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

Done at Brussels, 27 November 2009.

For the Commission

László Kovács

Member of the Commission

[1] OJ L 109, 19.4.2001, p. 2.

[2] See page 81 of this Official Journal.

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ANNEX

"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.

Tariff quotas

Order No | CN code | TARIC subdivision | Description of goods | Quota period | Quota volume (in tonnes net weight, unless otherwise indicated) | Quota duty |

09.1361 | 01051200 | | Live turkeys, weighing not more than 185 g | From 1.1 to 31.12 | 129920 items | Exemption |

09.1302 | 040410 | | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | From 1.1 to 31.12 | 1300 | Exemption |

09.1306 | 06031100 06031200 06031300 06031400 06031910 06031990 | | Fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes | From 1.1 to 31.12 | 22196 | Exemption |

09.1341 | 06031990 | | Other fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes | From 1.11 to 15.4 | 7840 | Exemption |

09.1300 | 07019050 | | New potatoes, fresh or chilled | From 1.1 to 30.6 | 33936 | Exemption |

09.1304 | ex07020000 | 07 | Cherry tomatoes, fresh or chilled | From 1.1 to 31.12 | 28000 | Exemption [1] |

09.1342 | ex07020000 | 99 | Tomatoes, fresh or chilled, other than cherry tomatoes | From 1.1 to 31.12 | 5000 | Exemption [1] |

09.1368 | 07070005 | | Cucumbers, fresh or chilled | From 1.1 to 31.12 | 1000 | Exemption [1] |

09.1303 | 07096010 | | Sweet peppers, fresh or chilled | From 1.1 to 31.12 | 17248 | Exemption |

09.1353 | 07104000 20049010 | | Sweetcorn, frozen | From 1.1 to 31.12 | 10600 | 70 % of the specific duty |

09.1354 | 07119030 20019030 20058000 | | Sweetcorn, not frozen | From 1.1 to 31.12 | 5400 | 70 % of the specific duty |

09.1369 | 07129030 | | Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared | From 1.1 to 31.12 | 1200 | Exemption |

09.1323 | 08051020 | | Oranges, fresh | From 1.1 to 31.12 | 224000 | Exemption [1] [2] |

ex08051080 | 10 |

09.1370 | ex08052010 | 05 | Clementines, mandarins and wilkings, fresh | From 1.1 to 31.12 | 40000 | Exemption [1] |

ex08052050 | 07, 37 |

09.1371 | ex08052010 | 05 | Clementines, mandarins and wilkings, fresh | From 15.3 to 30.9 | 15680 | Exemption [1] |

ex08052050 | 07, 37 |

09.1397 | 08071900 | | Melons fresh, other than watermelons | From 1.1 to 31.5.2010 | 15000 | Exemption |

For each period thereafter from 1.8 to 31.5 | 30000 |

09.1398 | 08101000 | | Strawberries, fresh | From 1.1 to 30.4.2010 | 3333 | Exemption |

For each period thereafter from 1.11 to 30.4 | 5000 |

09.1372 | 16023119 | | Prepared or preserved meat, meat offal or blood of turkeys, containing 57 % or more by weight of poultry meat or offal, other than exclusively uncooked turkey meat | From 1.1 to 31.12 | 5000 | Exemption |

16023130 | | Prepared or preserved meat, meat offal or blood of turkeys, containing 25 % or more but less than 57 % by weight of poultry meat or offal |

09.1373 | 16023219 | | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 57 % or more by weight of poultry meat or offal, other than uncooked | From 1.1 to 31.12 | 2000 | Exemption |

16023230 | | Prepared or preserved meat, meat offal or blood of fowls of the species Gallus domesticus, containing 25 % or more but less than 57 % by weight of poultry meat or offal |

09.1374 | 17041090 | | Chewing gum whether or not sugar-coated, not containing cocoa, containing 60 % or more by weight of sucrose (including invert sugar expressed as sucrose) | From 1.1 to 31.12 | 100 | Exemption |

09.1375 | 18061020 18061030 18061090 180620 | | Cocoa powder containing 5 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose Other food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg | From 1.1 to 31.12 | 2500 | 85 % of the specific duty or of the agricultural component |

09.1376 | 19052030 19052090 | | Gingerbread and the like, containing by weight 30 % or more of sucrose (including invert sugar expressed as sucrose) | From 1.1 to 31.12 | 3200 | 70 % of the specific duty |

09.1377 | 20029091 20029099 | | Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, with a dry matter content of more than 30 % by weight | From 1.1 to 31.12 | 784 | Exemption |

09.1378 | ex20087071 | 10 | Slices of peaches, fried in oil, not containing added spirit, with a sugar content exceeding 15 % by weight, in immediate packings of a net content not exceeding 1 kg | From 1.1 to 31.12 | 112 | Exemption |

09.1331 | 200911 20091200 200919 | | Orange juice | From 1.1 to 31.12 | 35000 | Exemption |

of which: |

09.1333 | ex20091111 | 10 | Orange juice, in containers of 2 litres or less | From 1.1 to 31.12 | 21280 | Exemption |

ex20091119 | 10 |

ex20091191 | 10 |

ex20091199 | 11, 19 92, 94 |

ex20091200 | 10 |

ex20091911 | 11, 19 |

ex20091919 | 11, 19 |

ex20091991 | 11, 19 |

ex20091998 | 11, 19 |

09.1379 | ex20099021 | 40 | Mixtures of citrus juices | From 1.1 to 31.12 | 19656 | Exemption |

ex20099029 | 20 |

ex20099051 | 30 |

ex20099059 | 39 |

ex20099094 | 20 |

ex20099096 | 20 |

ex20099098 | 20 |

09.1380 | 2204 | | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009 | From 1.1 to 31.12 | 6212 hl | Exemption [3] |

09.1399 | 350520 | | Glues based on starches, or on dextrins or other modified starches | From 1.1 to 31.12 | 250 | Exemption |

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

[2] Within this tariff quota, the specific duty provided in the Community’s list of concessions to the WTO is reduced to zero for the period from 1 December to 31 May, if the entry price is not less than EUR 264/tonne, being the entry price agreed between the European Community and Israel. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.

[3] For grape must under CN codes 22043092, 22043094, 22043096 and 22043098, the exemption applies only to the ad valorem duty."

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