
COMMISSION IMPLEMENTING REGULATION (EU) 2016/2253 of 14 December 2016 opening and providing for the management of Union tariff quotas for certain agricultural and processed agricultural products originating in South Africa 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, and in particular Article 58(1) thereof,
Whereas:

(1) By Decision (EU) 2016/1623 of 1 June 2016, the Council authorised the signing and the provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’).

(2) The Agreement stipulates that customs duties on imports into the Union of goods originating in the SADC EPA States are to be reduced or eliminated in accordance with the tariff elimination schedule in Annex I to the Agreement. Annex I provides that for certain goods originating in South Africa the reduction or elimination of customs duties is granted within tariff quotas.

(3) Part 1, Section B, of Annex I to the Agreement stipulates that the Union is to manage those tariff quotas on a first-come, first-served basis. The Commission shall manage those tariff quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447.

(4) Protocol 4 to the Agreement stipulates that, in the case of provisional application of this Agreement by the EU and ratification by South Africa, the application of the Articles of the Trade, Development and Cooperation Agreement with South Africa which are laid down in Title II on trade and Title III on trade-related issues and its corresponding annexes and Protocols, with the exception of its Article 31 on maritime transport, shall be suspended. Therefore, Council Regulation (EC) No 2793/1999 should be suspended as of the date of provisional application of the Agreement.

(5) Article 16 of Protocol 3 of the Agreement stipulates that the agricultural market access concessions shall only be granted to the Party that lodges the notification pursuant to Article 3(3) of this Protocol from the first day of the month following receipt by the other Party of such notification. As the related notification has been received in October 2016, the related concessions should be granted as from 1 November 2016. 

In order to ensure the effective application and management of the tariff quotas granted under the Agreement which the Commission shall manage on a first-come first-served basis, this Regulation should apply from 1 November 2016.

(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 
Union tariff quotas are opened for goods originating in South Africa as set out in the Annex.
Article 2 
The tariff quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
Article 3 
In accordance with Protocol 4 of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, the application of Council Regulation (EC) No 2793/1999 shall be suspended.
Article 4 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 November 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 14 December 2016.
For the Commission
The President
Jean-Claude JUNCKER
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 is 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.

Order No CN code TARIC subdivision Description of products Quota period Quota volume (in tonnes net weight unless otherwise specified) Tariff quota duty (% reduction)
09.1801 0402 10  Milk and cream, concentrated or containing added sugar or other sweetening matter, in powder, granules or in other solid forms, of a fat content, by weight, not exceeding 1,5 % From 1.11.2016 to 31.12.2016 83,3 0
For each year thereafter from 1.1 to 31.12 500
09.1802 0405 10  Butter From 1.11.2016 to 31.12.2016 83,3 0
For each year thereafter from 1.1 to 31.12 500
09.1804 0811 10 90  Strawberries, frozen From 1.11.2016 to 31.12.2016 377,5 0
For each year thereafter from 1.1 to 31.12 385
09.1806 1701 13 101701 14 101701 99 10  Cane sugar for refining and white sugar, not containing added flavouring or colouring matter From 1.11.2016 to 31.12.2016 8 333 0
For each year thereafter from 1.1 to 31.12 50 000
09.1808 1701 13 101701 14 10  Cane sugar for refining, not containing added flavouring or colouring matter From 1.11.2016 to 31.12.2016 16 667 0
For each year thereafter from 1.1 to 31.12 100 000
09.1818 1702 30 50  Glucose and glucose syrup, in the form of white crystalline powder, whether or not agglomerated, not containing fructose or containing in the dry state less than 20 % by weight of fructose From 1.11.2016 to 31.12.2016 83,3 0
For each year thereafter from 1.1 to 31.12 500
09.1820 2007 91 30  Jams, jellies, marmalades, purée or pastes of citrus fruit, with a sugar content exceeding 13 % but not exceeding 30 % by weight From 1.11.2016 to 31.12.2016 16,7 50 % MFN
For each year thereafter from 1.1 to 31.12 100
09.1822 ex 2007 99 39 161718192224262729303234394046475456 Fruit purées of pears, apricots, peaches (incl. nectarines) or mixtures (excluding tropical fruit) obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment; pears, apricots, peaches (incl. nectarines) or mixtures (excluding tropical fruit), prepared or preserved, not containing added spirit From 1.11.2016 to 31.12.2016 57 156 From 1.11.2016 to 31.12.2016: 45 % MFNFrom 1.1.2017 to 31.12.2017: 41 % MFNFrom 1.1.2018 to 31.12.2018: 36 % MFNFrom 1.1.2019 to 31.12.2019: 32 % MFNFrom 1.1.2020 to 31.12.2020: 27 % MFNFrom 1.1.2021 to 31.12.2021: 23 % MFNFrom 1.1.2022 to 31.12.2022: 18 % MFNFrom 1.1.2023 to 31.12.2023: 14 % MFNFrom 1.1.2024 to 31.12.2024: 9 % MFNFrom 1.1.2025 to 31.12.2025: 5 % MFNFrom 1.1.2026 to 31.12.2026:0
For each year thereafter from 1.1 to 31.12 57 156
ex 2007 99 50 414243454749515253626467
2007 99 97 323335373839404142444648525762
2008 40 512008 40 592008 40 712008 40 792008 40 902008 50 612008 50 692008 50 712008 50 792008 50 922008 50 982008 70 612008 70 692008 70 712008 70 792008 70 922008 70 982008 97 592008 97 742008 97 782008 97 98 
09.1824 ex 2007 99 39 4344 Fruit purées of tropical fruit obtained by sieving then brought to the boil in a vacuum, the texture and chemical composition of which have not been changed by the heat treatment; tropical fruit, prepared or preserved, not containing added spirit From 1.11.2016 to 31.12.2016 2 960 50 % MFN
2008 97 72  For each year thereafter from 1.1 to 31.12 3 020
09.1826 2009 11 99  Frozen orange juice From 1.11.2016 to 31.12.2016 1 036 0
For each year thereafter from 1.1 to 31.12 1 057
09.1829 2009 712009 79  Apple juice From 1.11.2016 to 31.12.2016 3 478 50 % MFN
For each year thereafter from 1.1 to 31.12 3 595
09.1830 2102 10 90  Active yeasts, other than culture yeast and baker's yeast From 1.11.2016 to 31.12.2016 58,3 0
For each year thereafter from 1.1 to 31.12 350
09.1891 ex 2204 21 93 192931 Wines of an actual alcoholic strength by volume not exceeding 18 % vol. From 1.11.2016 to 31.12.2016 60 105 000 litres 0
ex 2204 21 94 192931617181
ex 2204 21 95 112131
ex 2204 21 96 112131617181
ex 2204 21 97 112131
ex 2204 21 98 112131617181
ex 2204 29 93 102030
ex 2204 29 94 21317181
ex 2204 29 95 102030
ex 2204 29 96 21317181
ex 2204 29 97 102030
ex 2204 29 98 21317181
09.1892 ex 2204 21 93 192931 Wines, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 18 % vol. From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12 77 741 300 0
ex 2204 21 94 192931617181
ex 2204 21 95 112131
ex 2204 21 96 112131617181
ex 2204 21 97 112131
ex 2204 21 98 112131617181
09.1893 ex 2204 21 93 192931 Wines of an actual alcoholic strength by volume not exceeding 18 % vol. From 1.1.2017 to 31.12.2017 and, for each year thereafter, from 1.1 to 31.12 33 317 700 litres 0
ex 2204 21 94 192931617181
ex 2204 21 95 112131
ex 2204 21 96 112131617181
ex 2204 21 97 112131
ex 2204 21 98 112131617181
ex 2204 29 93 102030
ex 2204 29 94 21317181
ex 2204 29 95 102030
ex 2204 29 96 21317181
ex 2204 29 97 102030
ex 2204 29 98 21317181
09.1894 2207  Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength From 1.11.2016 to 31.12.2016 13 333 0
For each year thereafter from 1.1 to 31.12 80 000












