Substituted by Commission Regulation (EC) No 1553/2004 of 31 August 2004 amending Council Regulation (EC) No 1362/2000 as regards the opening and management of tariff quotas for certain products originating in Mexico.

Inserted by Commission Regulation (EC) No 1553/2004 of 31 August 2004 amending Council Regulation (EC) No 1362/2000 as regards the opening and management of tariff quotas for certain products originating in Mexico.

Inserted by Commission Regulation (EC) No 875/2004 of 29 April 2004 amending Council Regulation (EC) No 1362/2000 as regards the opening of a preferential tariff rate quota for tuna loins originating in Mexico.

Substituted by Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico.

Deleted by Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico.

Inserted by Commission Regulation (EC) No 821/2008 of 18 August 2008 amending Council Regulation (EC) No 1362/2000 as regards the opening of a Community tariff quota for bananas originating in Mexico.

http://www.legislation.gov.uk/eur/2000/1362Council Regulation (EC) No 1362/2000 of 29 June 2000 implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican StatesCouncil Regulation (EC) No 1362/2000Council Regulation (EC) No 1362/2000 of 29 June 2000 implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican States2020-12-12King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02000R1362-20080729texttext/xmlen2008-07-29

Council Regulation (EC) No 1362/2000

of 29 June 2000

implementing for the Community the tariff provisions of Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

The Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and the United Mexican States has by its Decision No 2/2000, adopted arrangements for implementing aspects of that Agreement related to trade in goods with effect from 1 July 2000.

(2)

The tariff preferences provided in Decision No 2/2000 are applicable to products originating in Mexico in accordance with Annex III to the said Decision.

(3)

It is necessary to lay down special provisions for applying those tariff preferences within the Community.

(4)

The base rates for calculating tariff reductions are those set out in Decision 2/2000.

(5)

The same methods of calculation should, as a general rule, apply to ad valorem and specific rates of duty as well as to the treatment of minimum and maximum duties provided in the Common Customs Tariff.

(6)

Decision No 2/2000 stipulates that certain products originating in Mexico may be imported into the Community within the limits of tariff quotas, at a reduced or a zero rate of customs duty. The said Decision specifies the products eligible for those tariff measures, their volumes and duties. The tariff quotas should be managed, as a rule, on a first-come first-served basis in accordance with Articles 308a to 308c of 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

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 502/1999 (OJ L 65, 12.3.1999, p. 1).

. The tarif quota for some products is subject to satisfaction of specific rules of origin for a given period of time. This tariff quota should also be managed on the first-come first-served basis mentioned above.

(7)

The Combined Nomenclature codes mentioned in this Regulation are those of 2000, as provided in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff

OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 2626/1999 (OJ L 321, 14.12.1999, p. 3).

. Amendments to the Combined Nomenclature and TARIC codes should not result in changes of substance in agreements or other acts concluded between the Community and Mexico. In the interests of simplicity, provision should therefore be made for the Commission, assisted by the Customs Code Committee, to take the measures necessary for the implementation of this Regulation, in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers of the Commission

OJ L 184, 17.7.1999, p. 23.

.

(8)

In the interest of combating fraud, provisions should be made to submit preferential imports into the Community to surveillance,

HAS ADOPTED THIS REGULATION:

Article 11.

For the purposes of implementing Decision No 2/2000 of the Joint Council under the Interim Agreement on Trade and Trade-related matters between the European Community and Mexico:

(a)

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. However, it shall not mean a duty set up within the framework of a tariff quota under Article 26 of the Treaty or under Annex 7 to Regulation (EEC) No 2658/87.

(b)

Subject to paragraph 2, the final rate of preferential duty shall be rounded down to the first decimal place.

2.

Where the result of calculating the rate of preferential duty is one of the following, the preferential rate shall be considered a full exemption:

(a)

1 % or less in the case of ad valorem duties, or

(b)

EUR 0,5 or less per individual euro amount in the case of specific duties.

3.

Wherever customs duties comprise an ad valorem duty plus one or more specific duties, the preferential reduction is limited to the ad valorem duty where it is so provided in Article 8 of Decision No 2/2000. Where the customs duties comprise an ad valorem duty with a minimum and maximum duty, the preferential reduction also applies to that minimum and maximum duty. Where they comprise more than one specific duty, the preferential reduction applies to all of these.

Article 21.

Subject to paragraph 5, the customs duties on the products listed in the Annex to this Regulation and originating in Mexico shall be reduced to the levels provided and within the limits of the tariff quotas specified in that Annex.

2.

These tariff quotas shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93. However, Article 308c(2) and (3) shall not apply to the tariff quota at order No 09.1871 in the Annex.

3.

With respect to the products covered by the Annex to this Regulation:

(a)

the specific export document referred to in Article 8(7) of Decision No 2/2000 of the Joint Council means the movement certificate EUR 1 or the invoice declaration referred to in Article 15(1) of that Decision, and

(b)

the acceptance of the declaration for release for free circulation shall be deemed to constitute the issuing of the import licence referred to in that provision.

3 a.

With respect to products of CN code 0803 00 19 the presentation of an import licence as regards fresh bananas originating in Mexico shall not be required.

4.

The reductions of duty referred to in the Annex are expressed as a percentage of the customs duties effectively applied to goods of Mexican origin outside the tariff quotas in question when declared for release for free circulation.

5.

The customs duty applicable to products of CN code 1704 10 within the tariff quota at order No 09.1857 in the Annex to this Regulation shall be 6 %. The customs duty applicable to products of CN code 1604 14 16 within the tariff quota at order No 09.1854 in the Annex to this Regulation shall be 6 %.

5 a.

The customs duty applicable to products of CN code 1302 20 10 within the tariff quota at order No 09.1873 in the Annex shall be 2 %.

5 b.

The customs duty applicable to products of CN code 0803 00 19 within the tariff quota at order No 09.1834 in the Annex shall be EUR 70/tonne.

6.

With the exception of the tariff quotas at order No 09.1834, No 09.1854, No 09.1873 and No 09.1899, the tariff quotas mentioned in the Annex to this Regulation shall be opened each year for a 12-month period from 1 July to 30 June. These quotas shall be opened for the first time on 1 July 2000 .

The tariff quota at order No 09.1834 shall be opened from 1 January to 31 December of each calendar year. For the year 2008, this quota shall apply from 29 July 2008 .

The tariff quota at order No 09.1873 shall be opened from 1 May 2004 to 31 December 2004 and from 1 January to 31 December of each calendar year thereafter, for as long as the quota remains applicable.

7.

The tariff quota at order No 09.1847 in the Annex to this Regulation shall be opened for the last time on 1 July 2007.

8.

An annual tariff quota of 2 500 units shall be opened at the preferential rate provided under the Agreement for vehicles of CN codes 8701 20, 8702 and 8704, originating in Mexico according to the specific origin rules laid down in Annex III, Appendix IIa, Note 12.1 to Decision No 2/2000. This tariff quota shall be opened annually for twelve months from 1 January to 31 December, until December 2006. It shall be opened for the first time on 1 July 2000 for half of the annual volume.

To be eligible for the benefit of this tariff quota, the following must be indicated in box 7. (Remarks) of movement certificate EUR.l or on the invoice declaration for the goods in question: ‘Specific origin rule laid down in Decision No 2/2000 of EC-Mexico Joint Council, Annex III, Appendix IIa, Note 12.1’.

Article 3

The annual volume of the tariff quota at order No 09.1853 in the Annex to this Regulation shall be increased successively by 500 tonnes each year from 1 July 2001.

Article 4

Without prejudice to Articles 2 and 3, the amendments and technical adaptations of the Annex to this Regulation made necessary by amendments to the Combined Nomenclature and TARIC codes or arising from decisions of the EC-Mexico Joint Council, or from the conclusion of agreements, protocols or exchanges of letters between the Community and Mexico, shall be adopted by the Commission in accordance with the management procedure set out in Article 5(2).

Article 51.

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 61.

Products put into free circulation with the benefit of the preferential rates provided under Decision No 2/2000 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 surveillance measure is complied with.

Article 7

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 1 July 2000.

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

ANNEXconcerning the products referred to in Article 2

Notwithstanding the rules for the interpertation 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.

Order No

CN code

Description

Annual tariff quota volume(net weight, unless otherwise specified)

Tariff quota duty(% reduction)

09.1831

0407 00 19

Eggs of poultry other than turkeys or geese, for hatching

Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

300 tonnes

50 MFN or

50 GSP

Whichever result in the lower duty applicable.

09.1832

0408 11 80

0408 19 81

0408 19 89

0408 91 80

0408 99 80

—

Egg yolks, Birds’ eggs not in shell:

1 000 tonnes

Shell egg equivalent. To be converted in accordance with the rates fixed in Annex 69 to Regulation (EEC) No 2454/93.

50 MFN or 50 GSP

09.1875

0408 11 80

—

Egg yolks, dried

50 MFN or 50 GSP

09.1877

0408 19 81

—

Egg yolks, liquid

50 MFN or 50 GSP

0408 19 89

—

Egg yolks, other

09.1879

0408 91 80

—

Birds' eggs, not in shell, dried

50 MFN or 50 GSP

09.1881

0408 99 80

—

Birds' eggs, not in shell, other

50 MFN or 50 GSP

09.1833

0409 00 00

Natural honey

30 000 tonnes

50 MFN or

50 GSP

09.1835

ex 0603 10 10

ex 0603 10 20

ex 0603 10 30

ex 0603 10 40

ex 0603 10 50

Cut flowers, fresh, from 1 June to 31 October

350 tonnes

100

09.1837

ex 0603 10 80

Cut flowers, fresh, from 1 June to 31 October

400 tonnes

100

09.1839

ex 0603 10 10

ex 0603 10 20

ex 0603 10 30

ex 0603 10 40

ex 0603 10 50

Cut flowers, fresh, from 1 November to 31 May

350 tonnes

100

09.1841

ex 0603 10 80

Cut flowers, fresh, from 1 November to 31 May

400 tonnes

100

09.1843

ex 0709 20 00

Asparagus, fresh or chilled, from 1 March to 30 November

600 tonnes

100

09.1845

0710 21 00

Frozen peas

500 tonnes

50 MFN or

50 GSP

09.1834

0803 00 19

Bananas, fresh (excluding plantains)

2 000 tonnes

Fixed duty to be applied

09.1847

ex 0804 40 00

Avocados, from 1 June to 30 September

20 000 tonnes

100

09.1849

ex 0807 19 00

Melons, other than watermelons, fresh, from 1 to 31 January, from 1 April to 31 May and from 1 October to 31 December

1 000 tonnes

50 MFN or

50 GSP

09.1851

0811 10 90

Strawberries, not containing sugar or other sweetening matter

1 000 tonnes

50 MFN or

50 GSP

09.1853

1604 14 11

1604 14 18

1604 14 90

1604 19 39

1604 20 70

Prepared or preserved fish

2 000 tonnes

From the second year of application, the volume of this tariff quota is increased annually by 500 tonnes.

66,66 MFN or

66,66 GSP

09.1854

1604 14 16

Tuna loins

5 000 tonnes

In 2005 the annual volume shall be 6000 tonnes. From 2006 onwards the yearly volume shall be increased in accordance with the Annex of the Decision of the EU-Mexico Joint Council No 2/2004, provided that at least 80 % of the total amount of the previous year quota has been used by the 31 December of that year.

Fixed duty to be applied

09.1855

1703 10 00

Cane molasses

275 000 tonnes

100

09.1857

170 410

Chewing gum, whether or not sugar-coated

1 000 tonnes

Fixed duty to be applied

09.1859

2005 60 00

Asparagus, prepared or preserved otherwise than by vinegar or acetic acid

1 000 tonnes

50 MFN or

50 GSP

09.1861

2008 92 51

2008 92 74

2008 92 92

2008 92 93

2008 92 94

2008 92 96

2008 92 97

2008 92 98

Mixtures of fruit, prepared or preserved

1 500 tonnes

50 MFN or

50 GSP

09.1863

2009 11 11

2009 11 19

2009 11 91

2009 19 11

2009 19 19

2009 19 91

2009 19 99

Orange juice, unfermented and not containing added spirit, except orange juice of 2009 11 99

1 000 tonnes

50 MFN or

50 GSP

09.1865

ex 2009 11 99

Orange juice, frozen, with a degree of concentration higher than 20° brix (of a density exceeding 1,083 g/cm3 at 20 °C)

30 000 tonnes

75 MFN or

75 GSP

09.1867

2009 40 11

2009 40 19

2009 40 30

2009 40 91

2009 40 99

Pineapple juice, unfermented and not containing added spirit

2 500 tonnes

50 MFN or

50 GSP

09.1869

3502 11 90

3502 19 90

—

Egg albumin:

3 000 tonnes

100

09.1883

ex 3502 11 90

—

dried (crystals)

100

09.1885

ex 3502 11 90

—

dried (other)

100

09.1887

3502 19 90

—

other than dried

100

09.1873

ex 1302 20 10

Dry pectic substances, pectinates and pectates in powder form

250 tonnes

Fixed duty to be applied

09.1899

8701 20

Road tractors for semi-trailers:

in which the value of all the non-originating materials does not exceed 55 %

This percentage shall be 50 % from 1 January 2003.

 of the ex-works price of the product

2 500 units

100

8702

Motor vehicles for the transport of ten or more persons, including the driver:

in which the value of all the non-originating materials does not exceed 55 % of the ex-works price of the product

The preferential rates applicable for these products are determined in accordance with Article 5(2) of Decision No 2/2000.

8704

Motor vehicles for the transport of goods:

in which the value of all the non-originating materials does not exceed 55 % of the ex-works price of the product