# EUR-Lex - 52014PC0594 - EN

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# 52014PC0594

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL opening and providing for the administration of certain Union tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues (codification) /* COM/2014/0594 final - 2014/0276 (COD) */**

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EXPLANATORY MEMORANDUM

1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.

This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.

For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.

2.           On 1 April 1987 the
Commission decided[1]
to instruct its staff that all acts should be codified after no more than ten
amendments, stressing that this is a minimum requirement and that departments
should endeavour to codify at even shorter intervals the texts for which they
are responsible, to ensure that their provisions are clear and readily
understandable.

3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law applicable to a
given matter at a given time.

Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.

Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament, the
Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for the
fast-track adoption of codification instruments.

4.           The purpose of this proposal is
to undertake a codification of Council Regulation (EC)
No 774/94 of 29 March 1994 opening and
providing for the administration of certain Community tariff quotas for
high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans,
sharps and other residues[3].
The new Regulation will supersede the various acts incorporated in it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by the
codification exercise itself.

5.           The codification proposal was
drawn up on the basis of a preliminary consolidation, in 23 official
languages, of Regulation (EC) No 774/94 and the instruments amending it, carried out by the Publications
Office of the European Union, by means of a data-processing system. Where the
Articles have been given new numbers, the correlation between the old and the
new numbers is shown in a table set out in Annex II to the codified
Regulation.

ê 774/94
(adapted)

2014/0276 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

opening and providing for the
administration of certain Ö Union Õ tariff quotas
for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and
brans, sharps and other residues (codification)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty Ö on the
Functioning of the European Union Õ, and in
particular Article Ö 207(2) Õ thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

ê

(1)       Council
Regulation (EC) No 774/94[6] has been substantially amended several times[7]. In the interests of clarity and rationality, that Regulation
should be codified.

ê 774/94
recital 1 (adapted) and 2198/95 recital 1 (adapted)

(2)       The Ö Union Õ negotiated tariff
concessions under Article XXVIII of the Ö General
Agreement on Tariffs and Trade Õ (GATT) Ö and under
the Uruguay Round of multilateral trade negotiations Õ. Ö Those Õ negotiations
led to agreements Ö which Õ were approved
by Council Decision 94/87/EC[8]
Ö and Council
Decision 94/800/EC[9] Õ.

ê 774/94
recital 2 (adapted)

(3)       The agreements in question
provide for the opening under certain conditions, of annual tariff quotas for
high-quality beef falling within CN codes 0201 30 00, 0202 30 90,
0206 10 95 and 0206 29 91, pigmeat falling within
CN codes 0203 19 13 and 0203 29 15, poultrymeat
falling within CN codes Ö 0207 14 10 Õ, Ö 0207 14 50 Õ, Ö 0207 14 70 Õ, Ö 0207 27 10 Õ, Ö 0207 27 20 Õ and Ö 0207 27 80 Õ, wheat and
meslin falling within CN codes Ö 1001 11 00 Õ, Ö 1001 19 00 Õ and Ö 1001 99 00 Õ, and brans,
sharps and other residues falling within CN codes 2302 30 10,
2302 30 90, Ö 2302 40 10 Õ and Ö 2302 40 90 Õ.

ê 774/94
recital 3 (adapted)

(4)       Ö Those Õ agreements
cover an undetermined period. In the interests of rationalisation and
efficiency, the quotas should therefore be opened on a multiannual basis.

ê 774/94
recital 4 (adapted)

(5)       A system guaranteeing the
nature, provenance and origin of the products may prove to be appropriate. To
that end imports within the framework of Ö the
agreed Õ tariff
concessions should be subject, where appropriate, to the presentation of a
certificate of authenticity.

ê 774/94
recital 5 (adapted)

(6)       It may be appropriate to
spread out Ö those Õ imports over
the year on the basis of the needs of the Ö Union Õ market. To
that end a system for using up quotas based on the presentation of an import
licence may prove appropriate.

ê 252/2014
recital 3 (adapted)

(7)       In order to supplement or
amend certain non-essential elements of Ö this Õ Regulation,
the power to adopt acts in accordance with Article 290 Ö of the
Treaty Õ should be
delegated to the Commission in respect of the adoption of amendments to Ö this Õ Regulation,
should the volumes and other conditions of quota arrangements be adjusted, in particular
Ö as a
result of Õ a Council
decision Ö concluding Õ an agreement
with one or more third countries. It is of particular importance that the
Commission carry out appropriate consultations during its preparatory work,
including at expert level. The Commission, when preparing and drawing up
delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and to the
Council.

ê 252/2014
recital 4 (adapted)

(8)       In order to ensure uniform
conditions for the implementation of Ö this Õ Regulation in
respect of the rules necessary for the administration of the quota arrangements
referred to in Ö this Õ Regulation,
implementing powers should be conferred on the Commission. Those powers should
be exercised in accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council[10],

ê 2198/95
Art. 1 (adapted)

Ö HAVE Õ ADOPTED THIS
REGULATION:

Article 1

An annual Ö Union Õ tariff quota
of a total of 20 000 tonnes, expressed in product weight, is opened
for high-quality fresh, chilled or frozen beef covered by CN codes 0201
and 0202 and for the products covered by CN codes 0206 10 95
and 0206 29 91.

The Common Customs Tariff duty applicable
to that quota shall be 20 %.

Article 2

An annual Ö Union Õ tariff quota
of a total of 7 000 tonnes is opened for fresh, chilled or frozen
pigmeat covered by CN codes 0203 19 13 and 0203 29 15.

The Common Customs Tariff duty applicable
to that quota shall be 0 %.

Article 3

An annual Ö Union Õ tariff quota
of a total of 15 500 tonnes is opened for poultrymeat covered by
CN codes Ö 0207 14 10 Õ, Ö 0207 14 50 Õ and Ö 0207 14 70 Õ.

The Common Customs Tariff duty applicable
to that quota shall be 0 %.

Article 4

An annual Ö Union Õ tariff quota
of a total of 2 500 tonnes is opened for turkeymeat covered by CN codes Ö 0207 27 10 Õ, Ö 0207 27 20 Õ and Ö 0207 27 80 Õ.

The Common Customs Tariff duty applicable
to that quota shall be 0 %.

Article 5

An annual Ö Union Õ tariff quota
of a total of 300 000 tonnes is opened for quality wheat covered by
CN codes Ö 1001 11 00 Õ, Ö 1001 19 00 Õ and Ö 1001 99 00 Õ.

The Common Customs Tariff duty applicable
to that quota shall be 0 %.

Article 6

An annual Ö Union Õ tariff quota
of a total of 475 000 tonnes is opened for brans, sharps and other
residues of wheat and cereals other than maize and rice covered by
CN codes 2302 30 10, 2302 30 90, 2302 40 10
and 2302 40 90.

The Common Customs Tariff duty applicable
to that quota shall be Ö EUR Õ 30,60 per
tonne in the case of products covered by CN codes 2302 30 10 and
2302 40 10 and Ö EUR Õ 62,25 per
tonne in the case of products covered by CN codes 2302 30 90
and 2302 40 90.

ê 252/2014
Art. 1(1) (adapted)

Article 7

In order to comply with international
commitments and where the volumes and other conditions of the quota
arrangements referred to in this Regulation are adjusted by the European
Parliament and the Council or by the Council, in particular by a Council
decision concluding an agreement with one or more third countries, the
Commission shall be empowered to adopt delegated acts in accordance with
Article 9 concerning the resulting amendments to this Regulation.

Article 8

The Commission shall, by means of
implementing acts, adopt rules necessary for the administration of the quota
arrangements referred to in this Regulation and, as appropriate Ö ,
provisions Õ:

(a)          guaranteeing the nature,
provenance and origin of the product;

(b)          relating to the recognition of
the document allowing the guarantees referred to in point (a) to be
verified; and

(c)          Ö on Õ the issue of
import licences and their Ö period Õ of validity.

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 10(2).

ê 252/2014
Art. 1(2)

Article 9

1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article.

2. The power to adopt delegated acts
referred to in Article 7 shall be conferred on the Commission for a period
of five years from 9 April 2014. The Commission shall draw up a report in
respect of the delegation of power not later than nine months before the end of
the five-year period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament or the Council
opposes such extension not later than three months before the end of each
period.

3. The delegation of power referred to in
Article 7 may be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4. As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council.

5. A delegated act adopted pursuant to
Article 7 shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of two months
of notification of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the
Council.

Article 10

1. The Commission shall be assisted by the
Committee for the Common Organisation of the Agricultural Markets established
by Article 229 of Regulation (EU) No 1308/2013 of the European
Parliament and of the Council[11].
That Committee shall be a committee within the meaning of Regulation (EU)
No 182/2011.

2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the Committee is to
be obtained by written procedure, that procedure shall be terminated without
result when, within the time-limit for delivery of the opinion, the chair of
the Committee so decides or at least a quarter of committee members so request.

ê

Article 11

Regulation (EC) No 774/94 is repealed.

References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

ê 774/94
(adapted)

Article 12

This Regulation shall enter into force on
the Ö twentieth Õ day Ö following that Õ of its
publication in the Official Journal of the European Ö Union Õ .

ê 774/94

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

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               COM(87) 868 PV.

[2]               See Annex 3 to Part A of the Conclusions.

[3]               Entered in the legislative programme for 2014.

[4]               See Annex I to this proposal.

[5]               OJ C [...], [...], p. [...].

[6]                      Council Regulation (EC) No 774/94 of 29 March 1994 opening
and providing for the administration of certain Community tariff quotas for
high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans,
sharps and other residues (OJ L 91, 8.4.1994, p. 1).

[7]               See Annex I.

[8]                      Council Decision 94/87/EC of 20 December 1993 concerning
the conclusion of Agreements in the form of Agreed Minutes on certain oil seeds
between the European Community and Argentina, Brazil, Canada, Poland, Sweden
and Uruguay, respectively, pursuant to Article XXVIII of the General
Agreement on Tariffs and Trade (GATT) (OJ L 47, 18.2.1994, p. 1).

[9]               Council Decision 94/800/EC of 22 December 1994
concerning the conclusion on behalf of the European Community, as regards
matters within its competence, of the agreements reached in the Uruguay Round
multilateral negotiations (1986–1994) (OJ L 336, 23.12.1994, p. 1).

[10]             Regulation (EU) No 182/2011 of the European Parliament
and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

[11]             Regulation (EU)
No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in
agricultural products and repealing Council Regulations (EEC) No 922/72,
(EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
(OJ L 347, 20.12.2013, p. 671).

é

ANNEX I

Repealed Regulation with list of its
successive amendments

Council Regulation (EC) No 774/94 (OJ L 91, 8.4.1994, p. 1) || ||

|| Commission Regulation (EC) No 2198/95 (OJ L 221, 19.9.1995, p. 3) ||

|| Regulation (EU) No 252/2014 of the European Parliament and of the Council (OJ L 84, 20.3.2014, p. 35) ||

_____________

ANNEX II

Correlation Table

Regulation (EC) No 774/94 || This Regulation

Article 1(1) || Article 1, first paragraph

Article 1(2) || Article 1, second paragraph

Article 2(1) || Article 2, first paragraph

Article 2(2) || Article 2, second paragraph

Article 3(1) || Article 3, first paragraph

Article 3(2) || Article 3, second paragraph

Article 4(1) || Article 4, first paragraph

Article 4(2) || Article 4, second paragraph

Article 5(1) || Article 5, first paragraph

Article 5(2) || Article 5, second paragraph

Article 6(1) || Article 6, first paragraph

Article 6(2) || Article 6, second paragraph

Article 7 || Article 8

Article 8 || Article 7

Article 8a || Article 9

Article 8b || Article 10

Article 9 || –

Article 10 || Article 12

– || Article 11

– || Annex I

– || Annex II

_____________