Proposal for a Council Regulation (EC) renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 26. 10. 1998 COM(1998) 606 final 98/0298 (ACC) Proposal for a COUNCIL REGULATION (EC) renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products (presented by the Commission) EXPLANATORY MEMORANDUM 1. Pursuant to Articles 76, 102 and 128 of the Act of Accession, Austria, Finland and Sweden had to apply, with effect from 1 January 1995, the provisions of the preferential agreements concluded by the Community with certain third countries (Switzerland and Norway), it being understood that all the amendments required as a result of enlargement would be the subject of additional protocols to be negotiated with the countries in question. However, the above Articles stipulate that if the protocols had not been concluded by 1 January 1995 the Community must take the necessary steps to regulate the situation. 2. It is essential, therefore, to renew the autonomous transitional measures so as to take account of the trade arrangements for processed agricultural products which existed between the new Member States and the third countries in question. However, such measures, which should not prejudge the result of the discussions being held with a view to the conclusion of the additional protocols, will only be adopted on the express condition that the third countries concerned take reciprocal autonomous measures too. 1 Proposal for a COUNCIL REGULATION (EC) renewing for 1999 the measures laid down in Regulation (HC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas Council Regulation (EC) No 1416/95 of 19 June 1995 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products1 opened tariff quotas for 1995 in favour of Switzerland and Norway in accordance with the conditions set out in Annexes I and II thereto; Whereas Regulation (EC) No 1416/95 was renewed for 1996, 1997 and 1998, by Regulations (EC) No 102/96,2 No 306/973 and No 560/98 respectively;4 Whereas 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 Code5, as last amended by Regulation No 1677/986, consolidated the arrangements for managing the tariff quotas to be used in chronological order of the dates of acceptance of the declarations for release for free circulation; Whereas it was not possible to conclude additional Protocols before 1 January 1999; whereas, in these circumstances and pursuant to Articles 76, 102 and 128 of the Act of Accession, the Community must adopt the measures required to remedy the situation; whereas, therefore, it is necessary to renew the measures provided for in Regulation (EC) No 1416/95 for 1999, 1 OJ L 141, 24. 6. 1995, p. 1. 2 OJ L 19, 25. 1. 1996, p. 1. 3 OJL 51, 21. 2. 1997, p. 8. 4 OJL 76, 13. 3. 1998, p. 1. 5 OJ L 253, 11. 10. 1993, p. 1. 6 OJL 212, 30. 7. 1998, p. 18. HAS ADOPTED THIS REGULATION: Article 1 1. The measures provided for in Article 1 of Regulation (EC) No 1416/95 shall be renewed to cover 1999. Annexes I and II to Regulation (EC) No 1416/95 shall be replaced by Annexes I and II to this Regulation. 2. If Switzerland and Norway discontinue the application of the reciprocal measures in favour of the Community, the Commission may, in accordance with the procedure laid down in Article 16 of Council Regulation (EC) No 3448/93,7 suspend application of the measures provided for in paragraph 1. Article 2 The tariff quotas referred to in Annexes I and II to Regulation (EC) No 1416/95 shall be administered in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93. Article 3 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council 7 OJL 318, 20. 12. 1993, p. 18. ANNEX 'ANNEX I PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999 Order number 09. 0911 09. 0912 CN code 1302 20 10 2101 11 11 09. 0913 09. 0914 2101 20 20 2106 90 92 SWITZERLAND Description Pectic substances, pectinates and pectates. Dry Extracts, essences and concentrates with a coffee- based dry matter content of 95 % or more by weight Extracts, essences and concentrates of tea or mate" Food preparations/other, containing no milk fats, starch or sucrose, containing, by weight, less than 1. 5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch isoglucose, glucose or Autonomous quotas 550 tonnes 1 700 tonnes Rate of duty applicable free free 120 tonnes 850 tonnes free free ANNEX II PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999 NORWAY CN code Description Order Number 09. 0765 09. 0766 09. 0767 09. 0768 1517 1090 2102 30 00 2103 90 90 (taric code 90/11-90/19- 90/98-90/99) 2104 10 00 09. 0769 2106 90 92 09. 0770 09. 0771 2203 00 2207 10 00 (taric code 90) 09. 0772 2207 20 00 (taric code 90) 09. 0773 2208 90 57 (taric code 20) 09. 0774 2403 10 Margarine, excluding liquid margarine Other Prepared baking powders therefor; mixed Sauces and preparations condiments and mixed seasonings of CN code 2103 90 90, other than mayonnaise Soups and broths and preparations therefor Food preparations/other, containing no milk fats, sucrose, isoglucose, glucose or starch or containing less than 1,5% milk fat, 5% sucrose or isoglucose, 5% glucose or starch Beer made from malt Undenatured ethyl alcohol of an alcohol strength by volume of 80% vol. or higher/other than those which obtained from agricultural products listed in Annex II to the EC Treaty Ethyl alcohol and other spirits, denatured, of any strength/other than those which obtained from agricultural products listed in Annex II to the EC Treaty Aquavit Autonomous quotas 2 470 tonnes Rate of duty applicable free 150 tonnes 130 tonnes free free 390 tonnes 510 tonnes free free 4800 hectolitres 134 000 hectolitres free free 3 340 hectolitres free 300 hectolitres free Smoking tobacco, whether or not containing tobacco substitutes in any proportion 370 tonnes free' FINANCIAL STATEMENT Date: 09. 09. 1998 1. HUDGIT HEADING: Article 120 APPROPRIATIONS: 2. TITLE : Proposal for a Council Regulation renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products 3. LEGAL BASIS : Article 113 and Article 76, 102, 128AA 4. AIMS : Autonomous measures vis à vis Switzerland and Norway in the framework of bilateral negotiations under XXIV. 6 of the GAIT 5. FINANCIAL IMPLICATIONS: Period of 12 months Current financial year( ) Following financial year ( ) 5. 0. Lxpeiuliturcs : - Charged to (ho IX' budget (refunds/interventions) - National Authorities - Other 5. 1. Revenue: - Own resources of the liC (levies/customs duties) 5. 0. 1. ESTIMATED EXPENDITURE 5. 1. 1 ESTIMATED REVENUE -11. 4 mio Ecus 5. 2. METHOD OF CALCULATION : The loss of Customs receipts has been calculated on the basis of the value of the products imported and the Customs duty applicable within the quota, taking account of the reduction on MFN rates. 6. 0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER ON TI IE CURRENT BUDGET 6. 1. CAN Till- PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET 6. 2. WILL A SUPPLEMENTARY BUDGET BE NECESSARY 6. 3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY OBSERVATIONS : yes/no yes/no yes/no yes/no ISSN 0254-1475 COM(98) 606 final DOCUMENTS EN 03 02 10 11 Catalogue number : CB-CO-98-599-EN-C Office for Official Publications of the European Communities L-2985 Luxembourg (o