Proposal for a Council Regulation renewing for 2000 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
EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15. 11. 1999 COM(1999) 542 final 1999/0215(ACC) Proposal for a COUNCIL REGULATION renewing for 2000 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 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 1 January 1995 the Community must take the necessary steps to regulate the situation. if the protocols had not been concluded by It is essential, therefore, to take 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. These autonomous measures were implemented under Council Regulation (EC) No 1416/95 and have been renewed each year since 1995. Given that the protocols have not yet been concluded, it is therefore necessary to renew the abovementioned Regulation for 2000. However, such measures will only be adopted on the express condition that the third countries concerned take equivalent reciprocal autonomous measures in favour of the European Community. 2 1999/0215(ACC) Proposal for a COUNCIL REGULATION renewing for 2000 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 (Text with EEA relevance) 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) (2) (3) (4) 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. Regulation (EC) No 1416/95 was renewed for 1996, 1997, 1998 and 1999 by Regulations (EC) No 102/96,2 No 306/973 No 560/984 and No 2847/985 respectively. It was not possible to conclude additional Protocols before 1 January 2000. 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. Therefore, it is necessary to renew the measures provided for in Regulation (EC) No 1416/95 for 2000. Since the measures provided for in the event of suspension of this Regulation are management measures within of Council the meaning Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,6 they should be adopted by the management procedure laid down in Article 4 of that Decision. of Article 2 (5) 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 1 2 3 4 5 6 OJ L 141, 24. 6. 1995, p. 1. OJ L 19, 25. 1. 1996, p. 1. OJ L 51, 21. 2. 1997, p. 8. OJ L 76, 13. 3. 1998, p. 1. OJ L 358, 31. 12. 1998, p. 14. OJ L 184, 17. 7. 1999, p. 23. Community Customs Code7 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, HAS ADOPTED THIS REGULATION: Article 1 1. 2. The measures provided for in Article 1 of Regulation (EC) No 1416/95 shall be renewed to cover 2000. Annexes I and II to Regulation (EC) No 1416/95 shall be replaced by Annexes I and II to this Regulation. 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 2 of this Regulation, suspend application of the measures provided for in paragraph 1. Article 2 The Commission shall be assisted by the Committee referred to in Article 15 of Council Regulation (EC) No 3448/93. 8 Where reference is made to this Article, the management procedure laid down in Article 4 of Decision 1999/468/EC shall be applied. The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 3 The Community 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. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities Article 3 7 8 OJ L 253, 11. 10. 1993, p. 1. Regulation last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29. 7. 1999, p. 25). OJ L 318, 20. 12. 1993, p. 18. Regulation last amended by Regulation (EC) No 2491/1998 (OJ L 309, 19. 11. 1998, p. 28). It shall apply with effect from 1 January 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President ANNEX I PREFERENTIAL TARIFF QUOTAS OPENED FOR 2000 SWITZERLAND Order number CN code Description Autonomous quotas Rate of duty applicable 09. 0911 1302 20 10 Pectic substances, pectinates and pectates. Dry 550 tonnes 09. 0912 2101 11 11 Extracts, essences and concentrates with a coffee- based dry matter content of 95 % or more by weight 1 700 tonnes 09. 0913 2101 20 20 Extracts, essences and concentrates of tea or maté 120 tonnes 09. 0914 2106 90 92 Food preparations/other, containing no milk fats, sucrose, or containing, by weight, less than 1. 5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch isoglucose, glucose starch or 850 tonnes free free free free 6 ANNEX II PREFERENTIAL TARIFF QUOTAS OPENED FOR 2000 Order Number CN code NORWAY Description Autonomous quotas Rate of duty applicable 09. 0765 1517 10 90 Margarine, excluding liquid margarine 2 470 tonnes free Other 09. 0766 2102 30 00 Prepared baking powders 09. 0767 2103 90 90 (taric code 90/10-90/89) and preparations Sauces therefor; mixed condiments and mixed seasonings of CN code 2103 90 90, other than mayonnaise 09. 0768 2104 10 Soups and broths and preparations therefor 09. 0769 2106 90 92 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 09. 0770 2203 00 Beer made from malt 09. 0771 2207 10 00 (taric code 90) Undenatured ethyl alcohol of an alcohol or strength by from higher/other agricultural products listed in Annex I to the Treaty 80% vol. obtained volume than that of 150 tonnes 130 tonnes 390 tonnes 510 tonnes 4800 hectolitres 134 000 hectolitres free free free free free free 09. 0772 2207 20 00 (taric code 90) Ethyl alcohol and other spirits, denatured, of any strength/other than those obtained from agricultural products listed in Annex I to the Treaty 3 340 hectolitres free 09. 0773 2208 90 57 (taric code 20) Aquavit 300 hectolitres free 09. 0774 2403 10 Smoking tobacco, whether or not containing tobacco substitutes in any proportion 370 tonnes free 7 1. 2. 3. 4. FINANCIAL STATEMENT BUDGET HEADING: Chapter 12 - Article 120 TITLE: DATE: 3/9/1999 APPROPRIATIONS: Proposal for a Council Regulation renewing for 2000 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 LEGAL BASIS: Article 133 of the Treaty and Articles 76, 102 and 128 of the Act of Accession AIMS: Autonomous measures vis à vis Switzerland and Norway in the framework of bilateral negotiations under XXIV. 6 of the GATT 5. FINANCIAL IMPLICATIONS PERIOD OF 12 MONTHS (Mio EUR) CURRENT FINANCIAL YEAR [n] (Mio EUR) FOLLOWING FINANCIAL YEAR [n+1] (Mio EUR) 5. 0 5. 1 EXPENDITURES : - CHARGED TO THE EC BUDGET (REFUNDS/INTERVENTIONS) - NATIONAL AUTHORITIES - OTHER REVENUE: - OWN RESOURCES OF THE EC (LEVIES/CUSTOMS DUTIES) 1 5. 0. 1 ESTIMATED EXPENDITURE 5. 1. 1 ESTIMATED REVENUE 5. 2 METHOD OF CALCULATION: - 10. 5 Mio EUR [n+2] [n+3] [n+4] [n+5] 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 6. 1 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER ON THE CURRENT BUDGET? CAN THE 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: NO NO NO NO 8