
COMMISSION IMPLEMENTING REGULATION (EU) No 405/2013 of 2 May 2013 opening and providing for the administration of Union tariff quotas for agricultural products originating in Peru 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, and in particular Article 6 thereof,
Whereas:

(1) By Decision 2012/735/EU, the Council authorised the signing, on behalf of the Union, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’). Pursuant to Decision 2012/735/EU, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion. The Agreement applies on a provisional basis from 1 March 2013.

(2) Subsection 2 of Section B of Appendix 1 to Annex I to the Agreement concerns the tariff elimination schedule of the EU party for goods originating in Peru. For a number of specific products, it provides for the application of tariff quotas. It is therefore necessary to open tariff quotas for such products.

(3) The tariff quotas should be managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.

(4) Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

(5) Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 927/2012, contains new CN codes which are different from those referred to in the Agreement. The new codes should therefore be reflected in the Annex to this Regulation.

(6) Since the Agreement takes effect on 1 March 2013, this Regulation should apply from the same date.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:

Article 1 
Union tariff quotas are opened for the goods originating in Peru and listed in the Annex.
Article 2 
The customs duties applicable to imports into the Union of goods originating in Peru and listed in the Annex shall, within the respective tariff quota set out in the Annex to this Regulation, be suspended.
Article 3 
The tariff quotas in the Annex shall be managed by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.
Article 4 
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 from 1 March 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 2 May 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation.

Order No CN code Description of goods Quota period Annual quota volume(in tonnes net weight if not otherwise specified)
09.7210 020102020206 10 950206 29 910210 200210 99 510210 99 901602 50 101602 90 61 Meat of bovine animals, fresh, chilled or frozen From 1.3.2013 to 31.12.2013 1 792
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 2 365,
09.7211 0403 90 Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa From 1.3.2013 to 31.12.2013 1 584
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 2 090
09.7212 0405 Butter and other fats and oils derived from milk; dairy spreads From 1.3.2013 to 31.12.2013 417
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 550
09.7213 0406 Cheese and curd From 1.3.2013 to 31.12.2013 2 084
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 2 750
09.7214 0703 20 Garlic From 1.3.2013 to 31.12.2013 625
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 825
09.7215 2105 Ice cream and other edible ice, whether or not containing cocoa From 1.3.2013 to 31.12.2013 125
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 165
09.7216 1005 90 Maize (corn), other than seed From 1.3.2013 to 31.12.2013 8 334
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 11 000
09.7217 0711 51 Mushrooms of the genus Agaricus, provisionally preserved, but unsuitable in that state for immediate consumption From 1.3.2013 to 31.12.2013 84
2003 10 Mushrooms of the genus Agaricus, prepared or preserved otherwise than by vinegar or acetic acid From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 110
09.7218 0402 100402 210402 99 Milk and cream, concentrated or containing added sugar or other sweetening matter, in powder, granules or other solid forms From 1.3.2013 to 31.12.2013 2 500
0402 29 Milk and cream, containing added sugar or other sweetening matter, in other forms than powder, granules or other solid forms From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 3 300
09.7219 0402 91 Milk and cream, concentrated but not containing added sugar or other sweetening matter, in other forms than powder, granules or other solid forms From 1.3.2013 to 31.12.2013 5 000
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 6 600
09.7220 0203 11 100203 12 110203 12 190203 19 110203 19 130203 19 150203 19 550203 19 590203 21 100203 22 110203 22 190203 29 110203 29 130203 29 150203 29 550203 29 59 Meat of domestic swine, fresh, chilled or frozen From 1.3.2013 to 31.12.2013 3 334
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 4 400
09.7221 Ex0207 Meat and edible offal other than livers, of the poultry of heading 0105, fresh, chilled or frozen From 1.3.2013 to 31.12.2013 6 250
0210 99 39 Other meat, salted, in brine, dried or smoked; other edible flours and meals of meat or meat offal From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 8 250
1602 201602 311602 321602 39 Other prepared or preserved meat, meat offal or blood, of liver of any animal or of poultry of heading 0105
09.7222 Ex1006 Rice, other than rice in the husk (paddy or rough) for sowing From 1.3.2013 to 31.12.2013 28 334
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 37 400
09.7223 2208 40 512208 40 99 Rum and other spirits obtained by distilling fermented sugar-cane products, in containers holding more than 2 litres From 1.3.2013 to 31.12.2013 834 hectolitres (expressed in equivalent pure alcohol)
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 1 100 hectolitres (expressed in equivalent pure alcohol
09.7224 0710 400711 90 302001 90 302004 90 102005 80 Sweetcorn From 1.3.2013 to 31.12.2013 584
2008 99 85 Maize (corn), other than sweetcorn (Zea mays var. saccharata), otherwise prepared or preserved, not containing added spirit and added sugar From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 770
09.7225 0403 10 Yogurt From 1.3.2013 to 31.12.2013 25
From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 33
09.7226 1701 131701 141701 911701 99 Cane sugar, not containing added flavouring or colouring matter; cane or beet sugar and chemically pure sucrose, in solid form, other than raw sugar not containing added flavouring or colouring matter From 1.3.2013 to 31.12.2013 18 334 (expressed in raw sugar equivalent)
1702 30 Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 22 660 (expressed in raw sugar equivalent
1702 40 90 Glucose and glucose syrup other than isoglucose, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar
1702 50 Chemically pure fructose
1702 90 301702 90 501702 90 711702 90 751702 90 791702 90 801702 90 95 Other sugars, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose, excluding chemically pure maltose
09.7227 Ex17049099 Other sugar confectionery, not containing cocoa, containing 70 % or more by weight of sucrose From 1.3.2013 to 31.12.2013 8 334
1806 10 301806 10 90 Cocoa powder, containing 65 % or more by weight of sucrose or isoglucose expressed as sucrose From 1.1. to 31.12.2014 and for each period thereafter from 1.1. to 31.12. 10 300
Ex18062095 Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk in containers or immediate packings, of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter and 70 % or more by weight of sucrose
Ex19019099 Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % of cocoa calculated on a totally defatted basis, containing 70 % or more by weight of sucrose; other food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, containing 70 % or more by weight of sucrose
Ex20060031Ex20060038 Fruit (excluding tropical fruit and ginger), vegetables, nuts (excluding tropical nuts), fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), containing 70 % or more by weight of sucrose
Ex20079110Ex20079920Ex20079931Ex20079933Ex20079935Ex20079939 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, containing 70 % or more by weight of sucrose
Ex2009 Fruit juices (excluding tomato juice, juices of tropical fruit and mixtures of juices of tropical fruit) and vegetable juices of a value not exceeding EUR 30 per 100 kg net weight, unfermented and not containing added spirit, containing 30 % or more by weight of added sugar
Ex21011298Ex21012098 Preparations with a basis of coffee, tea or mate, containing 70 % or more by weight of sucrose
2106 90 302106 90 59 Flavoured or coloured isoglucose syrups; other flavoured or colours sugar syrups other than lactose syrup, glucose syrup and maltodextrine syrup
Ex21069098 Other food preparations not elsewhere specified or included, containing 70 % or more by weight of sucrose
Ex33021029 Mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used in the drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by volume not exceeding 0,5 %, containing 70 % or more by weight of sucrose

















