Having regard to the Treaty establishing the European Community,

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1 L 7/ COMMISSION REGULATION (EC) No 54/2004 of 12 January 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in Israel THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, (5) In order to facilitate the management of certain existing tariff quotas provided for in Regulation (EC) No 747/ 2001, the quantities imported within the framework of those quotas should be taken into account for charging on the tariff quotas opened in accordance with Regulation (EC) No 747/2001, as amended by this Regulation. 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) An Agreement in the form of an Exchange of Letters has been concluded on 22 December 2003 between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of the Protocols Nos 1 and 2 to the EC-Israel Association Agreement. That new Agreement applies from 1 January (6) In accordance with the new Protocol No 1, the tariff quota and references quantity volumes should be increased from 1 January 2004 to 1 January 2007, on the basis of four equal instalments, each corresponding to 3 % of those volumes. (7) Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible. (8) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 (2) The new Protocol No 1 concerning the arrangements applicable to imports into the Community of agricultural products originating in Israel, hereinafter the new Protocol No 1, provides for new tariff concessions and changes to the existing concessions laid down in Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities. Annex VII to Regulation (EC) No 747/2001 is replaced by the Annex to this Regulation. Article 2 (3) To implement the tariff concessions provided for in the new Protocol No 1, it is necessary to amend Regulation (EC) No 747/2001. (4) For the purpose of calculating tariff quotas for the first year of application, it should be provided that, where the quota period starts before the date on which the new Agreement enters into force, the tariff quota volumes are to be reduced in proportion to that part of the period which has already elapsed before that date. ( 1 ) OJ L 109, , p. 2. Regulation as last amended by Regulation (EC) No 53/2004 (see page 24 of this Official Journal). For the quota periods still open on 1 January 2004, the quantities which pursuant to Regulation (EC) No 747/2001 have been put into free circulation in the Community within the tariff quotas with order numbers , , , and , shall be taken into account for charging on the tariff quotas laid down in Annex VII to Regulation (EC) No 747/2001, as amended by this Regulation. Article 3 This Regulation shall enter into force on the day of its publication in the. It shall apply from 1 January 2004.

2 L 7/31 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 January For the Commission Frederik BOLKESTEIN Member of the Commission

3 L 7/ 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 s as they exist at the time of adoption of the current regulation. Where ex s are indicated, the preferential scheme is to be determined by application of the and corresponding description taken together. PART A: Tariff quotas Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter 800 ( 1 ) Exemption Fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes ( 1 ) Exemption Other fresh cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes from to from to Exemption from to from to from to from 1.11 to Cut flowers and flower buds, dried, dyed, bleached, impregnated or otherwise prepared 100 ( 1 ) Exemption ex New potatoes, fresh or chilled ( 1 ) Exemption Tomatoes, fresh or chilled: Cherry tomatoes Other ( 1 ) Exemption ( 2 ) ( 1 ) Exemption ( 2 ) Leeks and other alliaceous vegetables, fresh or chilled ( 1 ) Exemption

4 L 7/ Onions, including wild onions of the species Muscari comosum, fresh or chilled from 15.2 to ( 1 ) Exemption ex ex Chinese cabbage, fresh or chilled from to Exemption from to ,5 from to from to ,5 from to from 1.11 to Cabbage lettuce (head lettuce), fresh or chilled from to Exemption ( 2 ) from to ,08 from to ,16 from to ,24 from to from 1.11 to , ex Carrots, fresh or chilled ( 1 ) Exemption Salad beetroot, salsify, radishes and similar edible roots, fresh or chilled ( 1 ) Exemption ex Stick celery (Apium graveolens, var. dulce), fresh or chilled ( 1 ) Exemption Sweet peppers, fresh or chilled ( 1 ) Exemption ex Sweetcorn, fresh ( 1 ) Exemption ex , 20, 30, 40, 60, 90 Other fresh or chilled vegetables, other than wild onions of the species Muscari comosum ( 1 ) Exemption

5 L 7/ Sweetcorn, frozen % of the Sweetcorn, not frozen % of the Onions, provisionally preserved but unsuitable in that state for immediate consumption 300 ( 1 ) Exemption Dried tomatoes, whole, cut, sliced, broken or in powder, but not further prepared 700 ( 1 ) Exemption Tomato powder with a dry matter content of more than 30 % by weight, prepared or preserved otherwise than by vinegar or acetic acid Dried carrots, whole, cut, sliced, broken or in powder, but not further prepared 100 ( 1 ) Exemption Other dried vegetables and mixtures of vegetables, whole, cut, sliced, broken or in powder, but not further prepared Crushed or ground thyme Bay leaves Crushed or ground mixtures of different types of spices Other crushed or ground spices Oranges, fresh ( 1 ) Exemption ( 2 )( 3 ) ex ex Mandarins (including tangerines and satsumas), clementines, wilkings and ex similar citrus hybrids, fresh ex , 37 ex ex , ( 1 ) Exemption ( 2 ) ex Mandarins (including tangerines and satsumas), clementines, wilkings and ex similar citrus hybrids, fresh ex , 37 ex ex , 09 from 15.3 to ( 1 ) Exemption ( 2 )

6 L 7/ ex Lemons, fresh ( 1 ) Exemption ( 2 ) ex , 19 Limes, fresh ( 1 ) Exemption Watermelons, fresh from 1.4 to ( 1 ) Exemption Other melons, fresh from to Exemption from to from to from to from to from 15.9 to Strawberries, fresh from to Exemption from to from to from to from to from 1.11 to Other fresh fruits 500 ( 1 ) Exemption ex Oranges, comminuted, provisionally preserved but unsuitable in that state for immediate consumption ( 1 ) Exemption Thyme neither crushed nor ground, other than wild thyme 200 ( 1 ) Exemption Prepared or preserved meat or meat offal of turkeys ( 1 ) Exemption

7 L 7/ White chocolate % of the Chocolate and other food preparations containing cocoa % of the or of the agricultural component ex , 26, 30, 34, 38, 42, 46, 50, 54, 58, 62, 66 Preparations for infant use, containing milk and milk products % of the agricultural component ex , 20, 52, 56, 80, 84 ex ex , 27, 33, 37, 43, Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), precooked, or otherwise prepared, not elsewhere specified or included % of the or of the agricultural component Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products % of the or of the agricultural component Cucumbers and gherkins, prepared or preserved by vinegar or acetic acid 200 ( 1 ) Exemption Peeled tomatoes, prepared or preserved otherwise than by vinegar or acetic acid ( 1 ) Exemption ex Carrots prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading ( 1 ) Exemption ex Carrots, uncooked or cooked by steaming or boiling in water, frozen

8 L 7/ Other vegetables, prepared or preserved otherwise than by vinegar or acetic acid, not frozen ( 1 ) Exemption ex Orange segments ( 1 ) Exemption ex , 49 Oranges, other than segments and other than comminuted ( 1 ) Exemption ex Slices of apples, of pears, of apricots, of peaches and mixtures of sliced fruits, fried ex in oil ex ex ex ex ( 1 ) Exemption ex Apricot pulp, not containing added spirit, not containing added sugar, in immediate ex packings of a net content of 4,5 kg or more 180 ( 1 ) Exemption Mixtures of fruit, not containing added spirit, containing added sugar 250 ( 1 ) Exemption Orange juice ( 1 ) Exemption ( 2 ) of which: ex Orange juice imported in packings of a capacity of 2 l or less ex ex ex , 19 92, 94 ex ex , 19 ex , 19 ex , 19 ex , ( 1 ) Exemption ( 2 ) Tomato juice ( 1 ) Exemption

9 L 7/ Grape juice, including grape must ( 1 ) Exemption ( 2 ) ex , 91 Juice of guavas, of a Brix value not exceeding 67, not containing added sugar ex , 91 Prickle pear juice, of a Brix value not exceeding 67, not containing added sugar ex Mixtures of citrus fruit juices with tropical juices and mixtures of citrus fruit juices, of a Brix value not exceeding 67, of a value exceeding EUR 30 per 100 kg net weight, not containing added sugar Wine of fresh grapes including fortified wines in containers holding 2 litres or less ex , 80 ex , 80 ex , 79, 80 ex , 79, 80 ex , 30 ex , 30 ex ( 1 ) Exemption 100 ( 1 ) Exemption ( 1 ) Exemption hl ( 1 ) Exemption ( 1 ) This quota volume shall be increased from 1 January 2004 to 1 January 2007 by four equal annual instalments each corresponding to 3 % of this volume. ( 2 ) The exemption applies only to the ad valorem duty. ( 3 ) Within this tariff quota, and for the period from 1 December to 31 May, the provided in the Community's list of concessions to the WTO is reduced to zero, 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. PART B: quantities subdvision quantity period quantity volume quantity duty Aubergines (eggplants), fresh or chilled from to Exemption from to from to from to from to from 1.12 to Avocados, fresh or dried ( 1 ) Exemption

10 L 7/39 subdvision quantity period quantity volume quantity duty Kiwi fruit, fresh ( 1 ) Exemption ex , 20 Other citrus fruit than oranges, comminuted, provisionally preserved ( 1 ) Exemption Grapefruit segments ( 1 ) Exemption ex , 19 Grapefruit, other than segments ( 1 ) Exemption ex , 09, 12, 13, 15, 16, 17, 18, 19, 20, 89, 91, 92, 93 Grapefruit, citrus fruit pulp and comminuted citrus fruits ( 1 ) Exemption Grapefruit juice ( 1 ) Exemption ( 2 ) ( 1 ) This reference quantity shall be increased from 1 January 2004 to 1 January 2007 by four equal annual instalments each corresponding to 3% of this volume. ( 2 ) The exemption applies only to the ad valorem duty.