NOTICE 2435 of 1999

NOTICE 2435 OF 1999

DEPARTMENT OF AGRICULTURE

PROCEDURES FOR THE APPLICATION, ADMINISTRATION AND ALLOCATION OF EXPORT PERMITS TO THE EUROPEAN COMMUNITY (EC)

A Trade, Development and Co-operation Agreement (TDCA) between the European Community (EC) and the Republic of South Africa has been established and will enter into force on 1 January 2000. This agreement provides for the establishment of a Bilateral Free Trade Area between the EC and South Africa in accordance with the World Trade Organisation (WTO) rules and the strengthening of European development assistance to South Africa.

As part of the concessions provided for under the TDCA, the EC has agreed to grant tariff preferences on limited quantities of selected products in the form of tariff quotas. Export permits will be issued for the access quantities and at reduced levels of duty as set out in Schedule A. Export permits will be issued only to registered exporters in South Africa for exportation to the following European countries:

COUNTRY	ABBREVIATION	COUNTRY	ABBREVIATION
Austria	AT	Italy	IT
Belgium	BE	Luxembourg	LX
Denmark	DK	Netherlands	NL
Finland	FI	Portugal	PT
France	FR	Spain	ES
Germany	DE	Sweden	SE
Greece	GR	United Kingdom	GB
Ireland	IE

All exporters and potential exporters interested in exporting any of the products stipulated in the Schedule from South Africa to the EC countries during the calendar year (1 January – 31 December), are hereby invited to apply in writing. All applications must reach the address indicated below within four (4) weeks after the publication date of this Notice.

Applications must –

when forwarded by post, be addressed to :

The National Department of Agriculture
The Deputy Director: Trade Permits
(For attention: Mr G J Kamfer, Room 468)
Private Bag X791
PRETORIA
0001

when delivered by hand, be delivered to:

The National Department of Agriculture
The Deputy Director: Trade Permits
(For attention: Mr G J Kamfer, Room 468)
Dirk Uys Building
30 Hamilton Street
ARCADIA
PRETORIA

when sent by facsimile, be faxed –
to the following number: 012-326-6541: Provided that this is followed by the posting of the original faxed application to the address specified in paragraph (a).

Any applications delivered by hand or faxed, will only be accepted during the Department’s official hours, i.e. 07:30 – 16:00.

When applications for export permits are submitted, the following details must be provided:

Name and address of firm or individual (exporter) requesting permit (herein referred to as "the applicant").
Telephone and fax number of the applicant.
Countries the applicant wishes to export to.
EU code tariff line number(s) and description(s) of the relevant product(s).
Quantity of product the applicant is applying for to be exported.
An audited DA 550 as well as a list of the Bills of Entry: Exports, for the period indicated under the "Conditions for issue of permits" as per tariff heading, must accompany all applications.

All exporters and potential exporters must comply with the Rules of Origin that form part of the TDCA and which can be obtained on request from the Department of Trade and Industry (Chief Directorate: Foreign Trade Relations, EU desk).

BONGIWE NJOBE
DIRECTOR-GENERAL: AGRICULTURE

SCHEDULE A

EXPORT ARRANGEMENTS SET OUT PER EC TARIFF CODE LINE

EC TARIFF CODE	DESCRIPTION OF PRODUCT		TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
Under EC tariff code 0406.10 – 0406.90.99, a total quantity of 5 000 tons is allocated
0406		Cheese and curd:	100 MFN ¹⁾; (agf 3% ) ²⁾	Permits will be issued annually and allocated on a pro rata basis to all applicants. Exportation can only take place from an approved EC registered processing plant. Proof of EC registration must be included with the application. Potential exporters must comply with the sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
0406.10 0406.10.20 0406.10.80	- Fresh (unripened or uncured) cheese, including whey cheese, and curd: - - Of a fat content, by weight, not exceeding 40% - - Other
0406.20.90	- Grated or powdered cheese (excluding glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely ground herbs)
0406.30 0406.30.10 0406.30.31 0406.30.39 0406.30.90	- Processed cheese, not grated or powdered: - - In the manufacture of which no cheeses other than Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger); put up for retail sale, of a fat content by weight in the dry matter, not exceeding 56% - - Processed cheese, not grated or powered, of a fat content, by weight, not exceeding 36% and of a fat content, by weight, in the dry matter not exceeding 48% - - Processed cheese, not grated or powered, of a fat content, by weight, not exceeding 36% and of a fat content, by weight, in the dry matter exceeding 48% - - Processed cheese, not grated or powered, of a fat content, by weight, exceeding 36%
0406.40.90	- Blue-veined cheese (excluding Roquefort and Gorgonzola)		100 MFN ¹⁾; (agf 3% ) ²⁾	Same as listed in column for EC tariff code 0406.

^{1) MFN = Most favoured nation.

²⁾agf = annual growth factor = % of base year volume}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
0406.90.01	- Cheese for processing (not elsewhere specified⁵⁾)	100 MFN ³⁾; (agf 3% ) ⁴⁾	Permits will be issued annually and allocated on a pro rata basis to all applicants. Exportation can only take place from an approved EC registered processing plant. Proof of EC registration must be included with the application. Potential exporters must comply with the sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
0406.90.21	- - - Cheddar (excluding grated or powdered, and for processing
0406.90 50	- - - - Cheese of sheep’s milk or buffalo milk in containers containing brine, or in sheep or goatskin bottles
0406.90.69	- - - - - - - Cheese of a fat content, by weight, not exceeding 40% and a water content, by weight, in the non-fatty matter not exceeding 47% (not elsewhere specified)
0406.90.78	- - - - - - - Gouda of a fat content, by weight, not exceeding 40% and a water content, by weight, in the non-fatty matter exceeding 47% but not exceeding 72%
0406.90.86	- - - - - - - - Cheese of a fat content, by weight, not exceeding 40% and a water content calculated, by weight, in the non-fatty matter exceeding 47% but not exceeding 52% (not elsewhere specified)
0406.90.87	- - - - - - - - Cheese of a fat content, by weight, not exceeding 40% and a water content calculated, by weight, in the non-fatty matter exceeding 52% but not exceeding 62% (not elsewhere specified)
0406.90.88	- - - - - - - - Cheese of a fat content, by weight, not exceeding 40% and of a water content calculated, by weight, in the non-fatty matter exceeding 52% but not exceeding 72% (not elsewhere specified)
0406.90.93	- - - - - - Cheese of a fat content, by weight, exceeding 40% of a water content calculated, by weight, in the non-fatty matter, exceeding 72% (not elsewhere specified)
0406.90.99	- - - - - Cheese of a fat content by weight exceeding 40% (not elsewhere specified)

^{3) MFN = Most favoured nation.

⁴⁾agf = annual growth factor = % of base year volume.

⁵⁾ Entry under this subheading is subject to conditions laid down in the
relevant Community provisions.}

EC TARIFF CODE	DESCRIPTION OF PRODUCT		TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
Under EC tariff code 0603.10.15; 0603.10.51 and 0603.10.65, a total quantity of 500 tons is allocated Under EC tariff code 0603.10.29 a total quantity of 600 tons is allocated
0603		Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared		5% of the quota will be reserved for new entrants. No permits will be allocated in advance. Potential exporters will have to submit applications to Customs and Excise on a first-come-first-served basis until the quota allocated is fully utilised. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
0603.10 0603.10.15 0603.10.29 0603.10.51 0603.10.65	Fresh: - - From 1 June to 31 October - - Orchids - - - Other, excluding Roses, Carnations, Orchids, Gladioli, Chrysanthemums - - From 1 November to 31 May - - - Roses - - - Chrysanthemums		From 1.6 –31.10: 50 MFN ⁶⁾ or 80 GSP ⁷⁾: (agf 3%) ⁸⁾ From 1.1 – 31.5: 50 MFN ⁶⁾ or 80 GSP ⁷⁾; (agf 3%) ⁸⁾
Under EC tariff code 0603.10.69, a total quantity of 900 tons is allocated
0603.10.69	Proteas, from 1 November to 31 May		From 1.1 – 31.5 and 1.11 – 31.12: 100 MFN ⁶⁾; (agf 5%) ⁷⁾	Same as listed in column for EC tariff code 0603.
Under EC tariff code 0603.90.00, a total quantity of 500 tons is allocated
0603.90.00	- Cut flowers and flower buds; dried, dyed, bleached, impregnated or otherwise prepared, of a kind suitable for bouquets or for ornamental purposes		75 MFN ⁶⁾ or 80 GSP ⁷⁾: (agf 3%) ⁸⁾	Same as listed in column for EC tariff code 0603.
Under EC tariff code 0811.10.90, a total quantity of 250 tons is allocated

^{6) MFN = Most favoured nation.

⁷⁾GSP = Whichever results in the lower duty applicable.

⁸⁾agf = annual growth factor = % of base year volume.}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
0811 0811.10.90	Fruits and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter: Frozen strawberries, not containing added sugar or other sweetening matter:	100 MFN ⁹⁾; (agf 3%) ¹⁰⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
Under EC tariff codes 2008.40, 2008.50 and 2008.70, a total quantity of 40 000 tons is allocated
2008 2008.40 2008.40.51 2008.40.59 2008.40.71 2008.40.79 2008.40.91 2008.40.99	Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Pears - - - - Pears not containing added spirit, containing added sugar, with a sugar content exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Pears not containing added spirit, containing added sugar with a sugar content not exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Pears not containing added spirit, containing added sugar, with a sugar content exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg - - - - Pears not containing added spirit, containing added sugar with a sugar content not exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg - - - - Pears not containing added spirit, not containing added sugar, in immediate packings of a net content of 4,5 kg or more - - - - Pears not containing added spirit, not containing added sugar, in immediate packings of a net content of less than 4,5 kg	50 MFN ⁹⁾; (agf 3%) ¹⁰⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.

^{9) MFN = Most favoured nation.

¹⁰⁾agf = annual growth factor = % of base year volume.}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
2008.50 2008.50.61 2008.50.69 2008.50.71 2008.50.79 2008.50.92 2008.50.94 2008.50.99	- Apricots - - - - Apricots not containing added spirit, containing added sugar with a sugar content exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Apricots not containing added spirit, containing added sugar with a sugar content not exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Apricots not containing added spirit, containing added sugar with a sugar content exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg - - - - Apricots not containing added spirit, containing added sugar with a sugar content not exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg - - - Apricots not containing added spirit, not containing added sugar, in immediate packings of a net content : - - - - of 5 kg or more - - - - of 4,5 kg or more but less than 5 kg - - - - of less than 4,5 kg	50 MFN ¹¹⁾; (agf 3%) ¹²⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
2008.70 2008.70.61 2008.70.69 2008.70.71	- Peaches - - - - Peaches not containing added spirit, containing added sugar with a sugar content exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Peaches not containing added spirit, containing added sugar with a sugar content not exceeding 13% by weight, in immediate packings of a net content exceeding 1 kg - - - - Peaches not containing added spirit, containing added sugar with a sugar content exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg	50 MFN ¹¹⁾; (agf 3%) ¹²⁾

^{11) MFN = Most favoured nation.
^{12) agf = annual growth factor = % of base year volume.}}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
2008.70.79 2008.70.92 2008.70.94 2008.70.99	- - - - Peaches not containing added spirit, containing added sugar with a sugar content not exceeding 15% by weight, in immediate packings of a net content not exceeding 1 kg - - - - Peaches not containing added spirit, not containing added sugar, in immediate packings of a net content; - - - - of 5 kg or more - - - - of 4,5 kg or more but less than 5 kg - - - - of less than 4,5 kg		Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
Under EC tariff code 2008.92.59 – 2008.92.98 (excluding 2008.92.72), a total quantity of 18 000 tons is allocated Under EC tariff code 2008.92.72, a total quantity of 2 000 tons is allocated
2008.92.59 2008.92.72 2008.92.74 2008.92.7 2008.92.98	- - - - - - Mixtures of fruit not containing added spirit, containing added sugar in immediate packings of a net content exceeding 1 kg (excluding mixtures of tropical fruit) - - - - - - - Mixtures of tropical fruit not containing added spirit, containing added sugar in immediate packings of a net content not exceeding 1 kg in which no single fruit exceeds 50% of the total weight of the fruits - - - - - - - Mixtures of fruit not containing added spirit, containing added sugar, in immediate packings of a net content not exceeding 1 kg, in which no single fruit exceeds 50% of the total weight of the fruits (excluding mixtures of tropical fruit) - - - - - - - Mixtures of fruit (other than mixtures in which no single fruit exceeds 50% of the total weight of the fruits) not containing added spirit, containing added sugar, in immediate packings of a net content not exceeding 1 kg (excluding mixtures of tropical fruit) - - - - - - Mixtures of tropical fruit not containing added spirit, not containing added sugar, in immediate packings of a net content of less than 4,5 kg (excluding mixtures of tropical fruit)	50 MFN ¹³⁾; (agf 3%) ¹⁴⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.

^{13) MFN = Most favoured nation.
^{14) agf = annual growth factor = % of base year volume.}}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)	CONDITIONS FOR THE ISSUE OF PERMITS
Under EC tariff code 2009.11.99, a total quantity of 700 tons is allocated
2009 2009.11.99	Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: - Frozen orange juice of a density not exceeding 1.33 g/cm³ at 20 °C (excluding of a value not exceeding 30 ECRO per 100 kg net weight and with an added sugar content exceeding 30% by weight)	50 MFN ¹⁵⁾; (agf 3%) ¹⁶⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1997 and 1998 calendar years. 5% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
Under EC tariff code 2009.40.30 – 2009.70.99, a total quantity of 5 000 tons is allocated
2009.40.30	- Pineapple juice of a density not exceeding 1,33 g/cm³ at 20 °C, of a value exceeding 30 ECRO per 100 kg net weight, containing added sugar	50 MFN ¹⁵⁾; (agf 3%) ¹⁶⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1997 and 1998 calendar years. 75% of the quota is reserved for historical exporters of pineapple juice and 2,5% of the 75% for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
2009.70.11 2009.70.19 2009.70.30 2009.70.91 2009.70.93	- Apple juice of a density exceeding 1,33 g/cm³ at 20 °C, of a value not exceeding 22 ECRO per 100 kg net weight - - - Apple juice of a density exceeding 1,33 g/cm³ at 20 °C, of a value exceeding 22 ECRO per 100 kg net weight - - - Apple juice of a density not exceeding 1,33 g/cm³ at 20 °C, of a value exceeding 18 ECRO per 100 kg net weight, containing added sugar - - - - Apple juice of a density not exceeding 1,33 g/cm³at 20 °C of a value not exceeding 18 ECRO per 100 kg net weight, with an added sugar content exceeding 30% by weight - - - - Apple juice of a density not exceeding 1,33 g/cm³at 20 °C of a value not exceeding 18 ECRO per 100 kg net weight, with an added sugar content not exceeding 30% by weight	50 MFN ¹⁵⁾; (agf 3%) ¹⁶⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1997 and 1998 calendar years. 25% of the quota is reserved for historical exporters of apple juice and 2,5% of the 25% for new entrants. Formula to be used for converting single strength to concentrate: 6 ton single strength = 1 ton concentrate. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.

^{15) MFN = Most favoured nation.
^{16) agf = annual growth factor = % of base year volume.}}

EC TARIFF CODE	DESCRIPTION OF PRODUCT	TARIFF QUOTA DUTY (% REDUCTION)		CONDITIONS FOR THE ISSUE OF PERMITS
2009.70.99	- - - - Apple juice of a density not exceeding 1,33 g/cm³at 20 °C of a value not exceeding 18 ECRO per 100 kg net weight, not containing added sugar
Under EC tariff code 220410.19 – 2204.10.99, a total quantity of 450 000 litres is allocated
2204 2204.10.19 2204.10.99	Wine of fresh grapes, including fortified wines; grape must other than that of heading no. 2009 - - - Sparkling wine of an actual alcoholic strength by volume of not less than 8.5% volume; excluding Champagne - - - Other sparkling wine (excluding Asti Spumante) of an actual alcoholic strength of less than 8.5% volume	100 MFN ¹⁷⁾; (agf 5%) ¹⁸⁾		Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 10% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.
Under EC tariff code 2204.21.79 – 2204.21.84, a total quantity of 32 000 000 litres is allocated
2204.21.79 2204.21.80 2204.21.83 2204.21.84	- - - - - - White wine of fresh grapes, in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 13% volume (excluding sparkling wine, semi-sparkling wines and quality wines produced in specific regions) - - - - - - Wine of fresh grapes in containers holding 2 litres or less, of an actual alcoholic strength by volume not exceeding 13% volume (excluding sparkling wine, semi-sparkling wines and quality wines produced in specific regions) - - - - - - White wine of fresh grapes, in containers holding 2 litres or less, of an actual alcoholic strength by volume exceeding 13% volume but not exceeding 15% volume (excluding sparkling wine, semi-sparkling wines and quality wines produced in specific regions) - - - - - - Wine of fresh grapes, in containers holding 2 litres or less, of an actual alcoholic strength by volume exceeding 13% volume but not exceeding 15% volume (excluding sparkling wine, semi-sparkling wines and quality wines produced in specific regions)		100 MFN ¹⁷⁾; (agf 3%) ¹⁸⁾	Permits will be issued annually on a pro rata basis to historical exporters, based on actual exports during the 1996, 1997 and 1998 calendar years. 10% of the quota will be reserved for new entrants. Potential exporters must comply with the phyto-sanitary and other technical requirements as stipulated by the EC, and the Rules of Origin.

17) MFN = Most favoured nation.

^{18) agf = annual growth factor = % of base year volume.}