COUNCIL REGULATION (EEC) No 2110/92 of 13 July 1992 reducing the variable components applicable to certain goods originating in the Republic of Poland resulting from the processing of agricultural products referred to in the Annex to Regulation (EEC) No 3033/80 (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), which establishes the method of calculation of variable components applicable to goods referred to in its Annex;
Whereas Protocol No 3 to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community of the one part and the Republic of Poland of the other part (2) provides for reductions in the variable components for certain goods referred to in Annex I within the limit of quotas fixed in Annex II to the said Protocol;
Whereas Council Regulation (EEC) No 521/92 of 27 February 1992 opening and providing for the administration of Community tariff quotas and tariff ceilings for certain industrial and agricultural products, originating in Hungary, Poland and the Czech and Slovak Federal Republic (CFSR) (1992) (3), establishes the rules necessary to administer the quotas; whereas Annex II thereof needs to be supplemented by the elements necessary for the administration of the quotas of this Regulation;
Whereas Article 3 (4) of the said Protocol No 3 provides for the variable components applicable to other goods to be replaced by reduced variable components if the said goods are added to Annex III to the same Protocol relating to goods subject, on importation into Poland, to the arrangements established by the said Protocol;
Whereas under Article 1 (2) of the said Protocol No 3 the Joint Committee can extend the lists of processed agricultural products covered by the Protocol;
Whereas Regulation (EEC) No 518/92 (4) adopted in particular detailed rules of application of Articles 24 and 25 of the Interim Agreement; whereas safeguard measures need to be made applicable to the transformed agricultural products not covered by Annex II to the Treaty referred to by this Regulation;
Whereas Article 5 of the said Protocol No 3 provides for the application of reduced variable components as from 1 May 1992,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 May to 31 December 1992, goods originating in Poland listed in Annex I shall be subject to a reduced variable component determined in accordance with Article 2 within the limits of the quotas fixed in the Annex.
2. For the purposes of this Regulation 'originating goods' means goods meeting the conditions established by Protocol No 4 to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part.
Article 2
The reduced variable components applicable for the three-monthly periods 1 May to 31 July, 1 August to 31 October and the period 1 November 1992 to 31 December 1992 shall be calculated as follows.
(a) The difference, established in accordance with Article 6 (2) of Regulation (EEC) No 3033/80, between the average threshold price and the average cif price or free-at-frontier price for each basic product shall be reduced by 10 %, except that the difference established for basic products falling within Chapter 4 of the Combined Nomenclature (dairy products) shall be reduced by 20 %.
(b) The amounts thus obtained shall apply to the quantities of basic products considered to have been used in the manufacture of the goods concerned pursuant to Article 4 (1) of Regulation (EEC) No 3033/80.
Article 3
The variable components applicable to goods listed in the Annex to Regulation (EEC) No 3033/80 but not listed in Annex I to this Regulation and to goods listed in the said Annex I for quantities exceeding the quotas fixed for them shall be those established directly pursuant to Article 6 of Regulation (EEC) No 3033/80.
Article 4
1. The administration of quotas referred to by this Regulation shall be ensured in accordance with Regulation (EEC) No 521/92 and in particular Articles 2 and 4 thereof.
2. Annex II to Regulation (EEC) No 521/92 shall be supplemented by Annex II of this Regulation.
Article 5
For the purposes of applying safeguard measures to goods referred to in Annex I to this Regulation in accordance with Articles 24 and 25 of the Interim Agreement, Articles 5 and 6 of Regulation (EEC) No 518/92 shall apply notwithstanding the terms of Article 8 thereof.
Article 6
1. If the Joint Committee decides to add new goods to Annex III to Protocol No 3 to the Interim Agreement in respect of which quantities have already been provided for in Annex II to the said Protocol, the Commission shall adapt the Annexes to this Regulation in accordance with Article 3 (4) of the said Protocol.
2. If other processed agricultural products are added to the Annexes to the said Protocol pursuant to Article 1 (2) of the said Protocol the Council, acting by a qualified majority, shall take the measures necessary for the implementation of such decisions.
Article 7
This Regulation shall enter into force the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 May 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 1992.