COUNCIL REGULATION (EC) No 3282/94 of 19 December 1994 extending into 1995 the application of Regulations (EEC) No 3833/90, (EEC) No 3835/90 and (EEC) No 3900/91 applying generalized tariff preferences in respect of certain agricultural products originating in developing countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas within the context of the United Nations Conference on Trade and Development (Unctad), the European Community offered to grant tariff preferences on certain agricultural products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries; whereas the preferential treatment proposed in the offer consists, in respect of certain goods which are subject to the trade arrangements laid down in Regulation (EEC) No 3033/80 (4), of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regulation, and, in respect of products which are subject to the single customs duty, of a reduction in such duty; whereas preferential imports of the products concerned should be effected in general without quantitative restrictions;
Whereas the positive role played by this system in improving access for developing countries to the markets of the preference-giving countries was recognized at the ninth session of the Unctad Special Committee on Preferences; whereas it was there agreed that the objectives of the system of generalized preferences would not be fully achieved by the end of 1980, that consequently it should be prolonged beyond the initial period, as an overall review of the system was started in 1990;
Whereas the part of the Community's scheme of generalized preferences covering industrial products is the subject of a Regulation applicable for three years and based on the 10-year guidelines adopted by the Community; whereas, in view of the special problems relating to the implementation of the results of the Uruguay Round for the products referred to in this Regulation, it appears unlikely that a Regulation based on the new 10-year guidelines for these products can be envisaged before the end of 1995; whereas, therefore, the current scheme for agricultural products should be temporarily renewed, subject to certain improvements, pending the introduction of a new agricultural scheme on 1 January 1996;
Whereas countries undertaking effective programmes to combat drug production and trafficking should, however, remain entitled to the more favourable arrangements granted them under the previous scheme; whereas the countries concerned, together with Venezuela except in respect of fisheries products, will therefore continue to enjoy duty-free access,
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EEC) No 3833/90, (EEC) No 3835/90 and (EEC) No 3900/91 applying generalized tariff preferences in respect of certain agricultural products originating in developing countries shall apply mutatis mutandis from 1 January 1995 to 31 December 1995.
References in the Regulations mentioned in the first subparagraph to specific dates in 1991 and 1992 shall be taken to refer to the same dates in 1995 or 1996 respectively.
Article 2
The first subparagraph of Article 1 (4) of Regulation (EEC) No 3833/90 is replaced by the following text:
'In order to be admitted under one of the preferential arrangements established by this Regulation, products must comply with a definition of origin adopted in accordance with the procedure laid down in Article 249 of Regulation (EEC) No 2913/92 establishing the Community Customs Code (1).
(1) OJ No L 302, 19. 10. 1992, p. 1.'
Article 3
1. Article 3 of Regulation (EEC) No 3835/90 is amended as follows:
'Article 3
From 1 January 1995 until 1 December 1995:
1. Common Customs Tariff duties shall be totally suspended for products originating in Bolivia, Colombia, Ecuador, Peru and Venezuela listed in the Annex to this Regulation, with the exception of products of CN subheading 0306 13. Those countries shall remain beneficiaries, for those latter products, of the preferences listed in Annex II to Regulation (EEC) No 3833/90. Articles 1 (4) and 7 to 12 of Regulation (EEC) No 3833/90 shall, without prejudice to the levying of any additional duties that may apply, apply to those countries and to the products listed in the Annex to this Regulation.
2. Bolivia, Colombia, Ecuador, Peru and Venezuela shall be withdrawn from the list of countries in Annex III to Regulation (EEC) No 3833/90.'
2. Products of CN code subheading 0306 13 shall be withdrawn from the Annex to Regulation (EEC) No 3900/91.
Article 4
The following paragraphs shall be added to Article 7 of Regulation (EEC) No 3833/90:
'2. For carnations with stalks of not more than 30 cm in length of subheading 0603 10 53, originating in the countries listed in Article 3 of Regulation (EEC) No 3835/90, the quantity referred to in paragraph 1 shall be the volume of exports to the Community from one of those countries corresponding to the figure half-way between the highest and the average quantity for the four years preceding entry into force of this Regulation.
3. For prepared and preserved tuna and chunks thereof falling within CN codes 1604 14, 1604 19 31, 1604 19 39 an 1604 20 70, originating in the countries referred to in Regulations (EEC) No 3835/90 and (EEC) No 3900/91, the quantity referred to in paragraph 1 shall be 20 000 tonnes.'
Article 5
In Annex II to Regulation (EEC) No 3833/90, the level of duty shall be reduced to zero for products of subheadings 52 1770, 52 1840, 52 1920 and 52 1930, to 4 % for products of subheading 52 0520 and to 30 % for products of subheading 52 3790.
The products of serial numbers 52 2350 and 52 2420 shall be withdrawn from Annex II.
Article 6
1. Annex III part A of Regulation (EEC) No 3833/90 shall be supplemented by the following entries: '336 Eritrea', '388 South Africa' and '825 Palou'; the entries '053 Estonia', '054 Latvia' and '055 Lithuania' shall be deleted from that Annex.
2. The benefit of preferences shall not be granted to products of Annex II to Regulation (EEC) No 3833/90 falling within CN codes 0409 00 and 2401 and Chapters 6, 7, 8 and 20 originating in South Africa. The Council shall, before 1 July 1995, acting on a proposal from the Commission, re-examine the conditions for applying this Regulation to South Africa.
Article 7
The fixed amounts set out in column 5 of Annex I to Regulation (EEC) No 3833/90 shall each be increased by 10 %
Article 8
The technical amendments to the Annexes to Regulations (EEC) No 3833/90, (EEC) No 3835/90 and (EEC) No 3900/91 appear in the Annex hereto.
Article 9
This Regulation shall enter into force on 1 January 1995.
It shall be applicable for one year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1994.