
Article 1 

1. For the application of preferential duty under the Agreement, the expression ‘duty effectively applied’ shall be taken to mean either:
— the lowest rate of duty appearing in column 3 or 4, taking into account the periods of application mentioned or referred to in that column, of the second part of Annex I of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, or
— the GSP rate according to Article 2 of Council Regulation (EC) No 2820/98 of 21 December 1998 applying a multiannual scheme of generalised tariff preferences for the period 1 July 1999 to 31 December 2001,whichever is the lower. However, the expression ‘duty effectively applied’ shall not be taken to refer to a duty set up within the framework of a tariff quota under Article 26 of the Treaty or under Annex 7 of Regulation (EC) No 2658/87.
2. For the purposes of the Annex to this Regulation, the term ‘MFN’ shall be taken to mean the lowest rate of duty appearing in column 3 or 4, taking into account the periods of application mentioned or referred to in that column, of the second part of Annex I of Regulation (EEC) No 2658/87.
3. Subject to paragraph 4, the final rate of preferential duty calculated in accordance with this Regulation shall be rounded down to the first decimal place.
4. Where the result of calculating the rate of preferential duty in application of paragraph 3 is one of the following, the preferential rate shall be considered a full exemption:
— 1 % or less in the case of ad valorem duties, or
— EUR 0,5 or less per individual euro amount in the case of specific duties.
Article 2 

1. The customs duties on the products listed in the Annex, originating in the Republic of South Africa, shall be reduced to the levels provided in the Annex and within the limits of the tariff quotas specified in that Annex, without prejudice to Article 8.
2. These tariff quotas shall be managed in accordance with Articles 308a to 308c of Commission Regulation (EEC) No 2454/93.
3. The reductions of tariff quota duty referred to in the Annex are expressed as a percentage of the customs duties effectively applied to South African goods, as defined in Article 1(1) on the day of provisional entry into force of the Agreement.
Article 3 
The Commission shall open an annual duty-free tariff quota for cheese and curd of CN codes 0406 10 20, 0406 10 80, 0406 20 90, 0406 30 10, 0406 30 31, 0406 30 39, 0406 30 90, 0406 40 90, 0406 90 01, 0406 90 21, 0406 90 50, 0406 90 69, 0406 90 78, 0406 90 86, 0406 90 87, 0406 90 88, 0406 90 93 and 0406 90 99 originating in the Republic of South Africa. The initial annual volume of this tariff quota shall be 5 000 tonnes. An annual growth factor of 5 % shall apply to this volume. The resulting figure shall be rounded up to the next complete unit.
Article 4 
After the first year, the tariff quotas referred to in Article 2 shall be increased each year by the percentage specified as the annual growth factor in the Annex. The resulting figure shall be rounded up to the next complete unit.
Article 5 
Without prejudice to Articles 2 to 4, the amendments and technical adaptations of this Regulation made necessary by amendments to the Combined Nomenclature and Taric codes or arising from the conclusion of agreements, protocols or exchanges of letters between the Community and the Republic of South Africa, shall be adopted by the Commission in accordance with the management procedure set out in Article 6(2).
Article 6 

1. The Commission shall be assisted by the Customs Code Committee, 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 Committee shall adopt its rules of procedure.
Article 7 

1. Products put into free circulation with the benefit of the preferential rates provided under the Agreement, other than those covered by Article 2, shall be subject to surveillance. The Commission in consultation with the Member States shall decide the products to which this surveillance applies.
2. Article 308d of Regulation (EEC) No 2454/93 shall apply.
3. The Member States and the Commission shall cooperate closely to ensure that this measure is complied with.
Article 8 
The tariff quota referred to at order number 09.1825 in the Annex shall be opened for the first time from the entry into force of the EC/RSA agreement on wines and spirits.
Article 9 
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 the date of entry into force of the Agreement.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX

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.

Order No CN code TARIC code Description Annual tariff quota volume, and annual growth factor  Tariff quota duty(% reduction)
09.1803 0603 10 30  Fresh orchids, from 1 June to 31 October 500 tonnes(agf 3 %) 50 MFN or 20 GSP 
0603 10 10  Fresh roses, from 1 January to 31 May, from 1 November to 31 December
0603 10 50  Fresh chrysanthemums, from 1 January to 31 May, and from 1 November to 31 December
09.1805 0603 10 80  Other fresh flowers, from 1 June to 31 October 600 tonnes(agf 3 %) 50 MFN or 20 GSP 
09.1807 ex 0603 10 80 30 Proteas, from 1 January to May 31, and from 1 November to 31 December 900 tonnes(agf 5 %) 100
09.1809 0603 90 00  Other than fresh flowers 500 tonnes(agf 3 %) 75 MFN
09.1811 0811 10 90  Strawberries, frozen 250 tonnes(agf 3 %) 100
09.1813 2008 40 512008 40 592008 40 712008 40 792008 40 90  Pears, not containing added spirit 40 000 tonnes gross weight (agf 3 %) with an additional volume (from 1.5.2004) of 1 225 tonnes gross weight (agf 3 %) 50 MFN
2008 50 612008 50 692008 50 712008 50 792008 50 922008 50 942008 50 99  Apricots, not containing added spirit
2008 70 612008 70 692008 70 712008 70 792008 70 922008 70 98  Peaches, not containing added spirit
09.1815 2008 92 592008 92 742008 92 782008 92 98  Mixtures of fruit, other than tropical fruit 18 000 tonnes gross weight (agf 3 %) with an additional volume (from 1.5.2004) of 340 tonnes gross weight (agf 3 %) 50 MFN
09.1817 2008 92 72  Mixture of tropical fruit 2 000 tonnes gross weight(agf 3 %) 50 MFN
09.1819 2009 11 99  Frozen orange juice 700 tonnes(agf 3 %) 50 MFN
09.1821 2009 41 102009 49 30  Pineapple juice 5 000 tonnes(agf 3 %) 50 MFN
2009 71 102009 71 912009 71 992009 79 112009 79 192009 79 302009 79 912009 79 932009 79 99  Apple juice
09.1823 ex 2204 10 19 91, 99 Sparkling wine 450 000 litres(agf 5 %) 100
ex 2204 10 99 91, 99
09.1825 2204 21 792204 21 802204 21 832204 21 84  Other wine 35 300 000 litres(agf 3 %) 100
09.1827 7202 41 107202 41 90  Ferro-chromium, containing by weight more than 4 % of carbon 515 000 tonnes 100




