This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COUNCIL REGULATION (EC) No 3290/94
of 22 December 1994
on the adjustments and transitional arrangements required in the agriculture sector in order to implement
the agreements concluded during the Uruguay Round of multilateral trade negotiations
(OJ L 349, 31.12.1994, p. 105)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 1193/96 of 26 June 1996 L 161 1 29.6.1996
"M2 Council Regulation (EC) No 1161/97 of 25 June 1997 L 169 1 27.6.1997
Corrected by:
"C1 Corrigendum, OJ L 144, 28.6.1995, p. 31 (3290/94)
"C2 Corrigendum, OJ L 108, 1.5.1996, p. 62 (3290/94)
"C3 Corrigendum, OJ L 196, 24.7.1997, p. 82 (3290/94)
"C4 Corrigendum, OJ L 3, 7.1.1999, p. 23 (3290/94)
"C5 Corrigendum, OJ L 151, 18.6.1999, p. 39 (3290/94)1994R3290 — EN — 01.07.1997 — 002.001 — 1
COUNCIL REGULATION (EC) No 3290/94
of 22 December 1994
on the adjustments and transitional arrangements required in the
agriculture sector in order to implement the agreements concluded
during the Uruguay Round of multilateral trade negotiations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 43 thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on
the common organization of the market in beef and veal (1), and in particular
Article 7 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Whereas the Community has adopted a set of rules governing the common
agricultural policy;
Whereas, under the Uruguay Round of multilateral trade negotiations, the
Community has negotiated various agreements (hereinafter referred to as the‘GATT agreements’); whereas several of those agreements concernagriculture, in particular the Agreement on Agriculture (hereinafter referred
to as ‘the Agreement’); whereas the concessions relating to domestic support
can be complied with by setting prices and aid at a suitable level and specificprovisions need not be laid down on this subject; whereas the Agreement laysdown a six-year timetable for the extension of access to the Community
market for agricultural products from third countries on the one hand and the
gradual reduction in support granted by the Community on exports ofagricultural products on the other hand; whereas the agricultural legislation
on trade with third countries should be adapted accordingly;
Whereas, by converting all the measures restricting imports of agricultural
products into customs duties (tarification) and by prohibiting the applicationof such measures in the future, the Agreement requires the abolition of
variable import levies and of the other measures and import charges currently
provided for under the market organizations; whereas the rates of customsduty applicable to agricultural products in accordance with the Agreement areto be fixed in the Common Customs Tariff; whereas, however, for certain
product groups such as cereals, rice, wine and fruit and vegetables, the
introduction of supplementary or other trade mechanisms that do not involvethe collection of fixed customs duties calls for the adoption of rules providing
for derogations in the basis regulations; whereas, in addition, the measures to
protect the Community market against imports of dried grapes and processedcherries can, under the Agreement on Safeguards, be maintained for a periodof five years; whereas, moreover, in order to avert problems of supply to the
Community market, the suspension of customs duties on certain sugar
products should be permitted;
Whereas, in order to maintain a minimum level of protection against the
adverse effects on the market as a result of tarification, the Agreement
permits the application of additional customs duties under precisely defined
conditions but only to products subject to tarification; whereas thecorresponding provisions should accordingly be inserted into the basicRegulations concerned;
Whereas the Agreement provides for a series of tariff quotas under
arrangements for current and minimum access; whereas the conditionsapplicable to such quotas are spelled out in detail in the Agreement; whereas,
in view of the large number of quotas and in order to ensure that they are
implemented as effectively as possible, the Commission should be responsiblefor opening and administering them using the management committeeprocedure;!B
(1) OJ No L 148, 28. 6. 1968, p. 24. Regulation as last amended by Regulation (EC)
No 1884/94 (OJ No L 197, 30. 7. 1994, p. 27).
(2) Opinion delivered on 14 December 1994 (not yet published in the Official
Journal).1994R3290 — EN — 01.07.1997 — 002.001 — 2
Whereas the amendments resulting from the framework agreement on
bananas concluded with certain countries in South America under theUruguay Round should be incorporated in Council Regulation (EEC) No404/93 of 13 February 1993 on the common organization of the market in
bananas (
1);
Whereas, since the Agreement of Safeguards lays down clear rules on the
application of protective clauses as incorporated in the market organizations,such clauses should be supplemented by a reference to the obligations flowing
from international agreements;
Whereas in its trading relations with third countries not subject to the GATT
agreements the Community is not bound by the constraints on access to the
Community market arising therefrom; whereas, in order to ensure that the
necessary measures may be taken where applicable with regard to productsfrom such countries, the Commission should be given the relevant powers, tobe exercised through the management committee procedure;
Whereas, by virtue of the Agreement, the granting of export subsidies is
limited henceforward to certain groups of agricultural products definedtherein; whereas, in addition, it is subject to limits in terms of quantity andvalue;
Whereas compliance with the limits in terms of value can be ensured at the
time when refunds are fixed and through monitoring of payments under therules relating to the EAGGF; whereas monitoring may be facilitated by thecompulsory advance fixing of refunds, while allowing the possibility, in the
case of differentiated refunds, of changing the specified destination; whereas,
in the case of a change of destination, the restitution applicable to the actualdestination should be paid, with a ceiling at the level of the amount applicable
to the destination fixed in advance;
Whereas monitoring of constraints in terms of quantity calls for the
introduction of a reliable and effective system of monitoring; whereas, tothat end, the granting of refunds should be made subject to an export licence;
whereas refunds should be granted up to the limits available, depending on the
particular situation of each product concerned; whereas exceptions to that rulecan only be permitted in the case of processed products not listed in Annex IIto the Treaty, to which limits in value do not apply, and in the case of food-aid
operations, which are exempt from any limitation; whereas provision should
be made for derogations from strict compliance with management rules whereexports benefiting from refunds are not likely to exceed the limits in quantitylaid down; whereas monitoring of the quantities exported with refunds during
the marketing years referred to in the Agreement can be carried out on the
basis of export licences issued for each marketing year;
Whereas, in most of the common organizations of the market, the exclusion
from recourse to the arrangements for inward processing traffic falls
exclusively within the competence of the Council; whereas in the economicconditions arising under the Agreement, it could prove necessary to reactrapidly to market problems arising from the application of the said
arrangements; whereas in that regard competence should be conferred on
the Commission to adopt urgent measures which are limited in time; whereasthose measures should be subject to the application of the procedure laiddown in Article 3 of Council Decision 87/373/EEC of 13 July 1987 (
2);
Whereas compliance with the Agreement on Trade-Related Aspects of
Intellectual Property Rights must also be ensured; whereas, to that end, therequisite stipulations must be inserted into Council Regulation (EEC) No
822/87 of 16 March 1987 on the common organization of the market in
wine (
3);
Whereas, in the wake of the amendments to the legislation on agriculture
provided for in this Regulation, many Council Regulations deriving from the
basic regulations no longer serve any purpose; whereas, for the sake of legal
clarity, they should be repealed; whereas certain provisions which have lapsedalthough they are not directly connected with the GATT agreements shouldalso be repealed; whereas it is the same for certain Council Regulations
referred to as ‘second generation’ which may for the most part be
incorporated in the basic regulations in question;!B
(1) OJ No L 47, 25. 2. 1993, p. 1. Regulation as last amended by Commission
Regulation (EC) No 3518/93 (OJ No L 320, 22. 12. 1993, p. 15).
(2) OJ No L 197, 18. 7. 1987, p. 33
(3) OJ No L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation (EEC) No
1891/94 (OJ No L 197, 30. 7. 1994, p. 42).1994R3290 — EN — 01.07.1997 — 002.001 — 3
Whereas, however, it has not been possible to integrate the existing general
rules of the Council on the application of the safeguard clause in the basicregulations; whereas in the light of the importance of the amendmentsrendered necessary in that area following the GATT agreements, the
regulations in question may not be maintained; whereas they should therefore
be repealed, while providing the legal bases to enable their replacement;
Whereas application of the Agreement on agriculture could be jeopardized if
the internal procedures to be used differed substantially between different
sectors; whereas, for that reason, it is desirable to make those proceduresuniform;
Whereas adoption by the Council of general implementing rules has in the
past made it possible to provide an adequate framework for the more specificrules necessary for managing the markets; whereas implementation of thesaid Agreement on Agriculture should not call into question the mechanisms
and procedures for managing the common agricultural policy;
Whereas it will be useful to analyse, at a later stage, both the functioning of
the arrangements set up by this Regulation and the experience acquired with
the measures taken by third countries for the implementation of the GATT
agreements; whereas to that effect, upon expiry of the first two years ofapplication of this Regulation, the Commission should present a report to theCouncil and the European Parliament;
Whereas the switch-over from the existing arrangements to those resulting
from the GATT agreements may give rise to difficulties of adaptation whichare not dealt with in this Regulation; whereas, in order to deal with that
eventuality, a general provision should be included enabling the Commission
to adopt the transitional measures necessary for a certain period,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the adaptations and transitional measures required
in the agricultural sector in order to implement the agreements concluded
during the Uruguay Round of multilateral trade negotiations.
Article 2
The adaptations referred to in Article 1 are set out in the Annexes hereto.
Article 3
1. Where transitional measures are necessary under the common agricul-
tural policy in order to facilitate the switch-over from the existingarrangements to those resulting from the requirements of the agreements
referred to in Article 1, such measures shall be adopted in accordance with the
procedure laid down in Article 38 of Regulation No 136/66/EEC (
1)o r ,a s
appropriate, the corresponding Articles in the other Regulations on thecommon organization of agricultural markets, or in Regulation (EC) No
3448/93 (
2).
When such measures are adopted, account shall be taken of the special
features of the various agricultural sectors, having due regard to the
obligations arising from the agreements referred to in Article 1.
2. The measures referred to in paragraph 1 may be adopted during a period
expiring on "M230 June 1998 3and shall not apply beyond that date. The
Council, acting by a qualified majority on a proposal from the Commission,
may extend that period.
Article 4
1. Where, in view of the special circumstances affecting an agricultural
product, compliance with the requirements on export support under theagreements referred to in Article 1 can be assured by means having a lesser
effect than those provided for to that end, the Commission may exempt that
product from the application of the provisions on export refunds covered bythis Regulation.!B
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 318, 20. 12. 1993, p. 18.1994R3290 — EN — 01.07.1997 — 002.001 — 4
2. Without prejudice to the provisions of this Regulation, the Commission
may take any measures necessary to protect the Community market againstimports of agricultural products from third countries towards which theCommunity has no obligations under the agreements referred to in Article 1.
3. Measures pursuant to paragraphs 1 and 2 shall be adopted in accordance
with the procedure set out in Article 3 (1).
Article 5
The Commission shall submit a report to the Council and to the European
Parliament before 30 June 1997 on the operation of the arrangements
resulting from this Regulation and on the experience acquired with the
measures taken by third countries to implement the agreements concludedduring the Uruguay Round of multilateral trade negotiations.
The Council, acting on a proposal from the Commission in accordance with
the procedure laid down in Article 43 (2) of the Treaty, will decide on any
amendments arising out of the results and conclusions of that report.
Article 6
1. This Regulation shall enter into force on 1 January 1995.
2. It shall apply from 1 July 1995.However:(a) Article 3 and Article 4 (2) shall apply from 1 January 1995;
(b) the provisions laid down in the Annexes on import duties and additional
import duties which apply to products listed in Annexes XIII and XVI for
which an entry price is applicable shall apply during 1995 as from thecommencement of the marketing year for the products concerned in
1995;
(c) the provisions on export refunds shall apply:
— as from 1 September 1995 as regards Annexes II and XVI,— as from 1 October 1995 as regards Annex IV ,— as from 1 November 1995 as regards Annex V;
(d) the provisions laid down in Annex XV shall apply as from 1 January
1995;
(e) the provisions laid down in Annex XVI, I.2, shall apply as from 1 January
1996.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1994R3290 — EN — 01.07.1997 — 002.001 — 5
LIST OF ANNEXES
Annex I CEREALS
Annex II RICE
Annex III DRIED FODDER
Annex IV SUGARAnnex V OILS AND FATS
Annex VI FLAX AND HEMP
Annex VII MILK PRODUCTSAnnex VIII BEEF AND VEAL
Annex IX SHEEPMEA T AND GOATMEAT
Annex X PIGMEA TAnnex XI POULTR YMEATAnnex XII EGGS, OVALBUMIN AND LACTALBUMIN
Annex XIII FRUIT AND VEGETABLES
Annex XIV PROCESSED FRUIT AND VEGETABLESAnnex XV BANANAS
Annex XVI WINE
Annex XVII TOBACCOAnnex XVIII HOPS
Annex XIX LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND
THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE
Annex XX SEEDSAnnex XXI MISCELLANEOUS REGULATIONS
Annex XXII THE OUTERMOST REGIONS!
B1994R3290 — EN — 01.07.1997 — 002.001 — 6
ANNEX I
CEREALS
I. Council Regulation (EEC) No 1766/92 of 30 June 1992 (OJ No L 181, 1. 7.
1992, p. 21), as last amended by Regulation (EC) No 1866/94 (OJ No L 197, 30.7. 1994, p. 1).
1. Article 3 (2) shall be deleted.2. The following subparagraph shall be added to Article 3 (3):
‘The intervention price valid for maize and grain sorghum in May shall
remain valid in July, August and September of the following marketing
year.’
3. The first sentence of the second subparagraph of Article 3 (4) shall be
replaced by the following:
‘The intervention price shall be subject to monthly increases for the
whole or part of the marketing year.’
4. The first and last indents of Article 5 shall be deleted.5. Title II shall be replaced by the following:
‘TITLE II
Article 9
1 Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 shall be subject to presentation of an importor export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 12 and 13.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure , the security
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 23.
Article 10
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. Notwithstanding paragraph 1, the import duty on products covered
by CN codes ex 1001 other than merlin, 1002, 1003, ex 1005 other thanhybrid seed, and ex 1007 other than hybrid for sowing, shall be equal to
the intervention price valid for such products on importation and
increased by 55 %, minus the cif, import price applicable to theconsignment in question. However, that duty may not exceed the rate ofduty in the Common Customs Tariff.
3. For the purposes of calculating the import charge referred to in
paragraph 2:
(a) for products listed in paragraph 2 expressed in one standard quality
or, as appropriate, subdivided into several (common wheat: high,medium, low; durum wheat; maize; other fodder grains)representative cif import prices shall be recorded on the basis of
the prices for those qualities on the world market.
Such representative cif import prices shall be established
regularly;
(b) each consignment for import shall be classified according to the
nearest quality among the standard qualities referred to in (a).
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.
The detailed rules shall in particular specify:
— the standard qualities to be used,!
B1994R3290 — EN — 01.07.1997 — 002.001 — 7
— the price quotations to be taken into consideration,
— the method of calculating the import charge for each consignment
classified according to one of the standard qualities referred to in
paragraph 3 (a),
— the possibility, where appropriate in specific cases, of giving
operators the opportunity of knowing the charge applicable beforethe arrival of the consignments concerned.
Article 11
1. Without prejudice to Article 10 (2), in order to prevent or
counteract adverse effects on the market in the Community which may
result from imports of certain products listed in Article 1, imports of
one or more of such products at the rate of duty laid down in Article 10shall be subject to payment of an additional import duty if theconditions set out in Article 5 of the Agreement on Agricultureconcluded in accordance with Article 228 of the Treaty in theframework of the Uruguay Round of multilateral trade negotiations
have been fulfilled unless the imports are unlikely to disturb the
Community market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those forwarded to the World Trade Organization by
the Community.
The trigger quantities which must be exceeded in order for an additional
import duty to be imposed shall be determined, inter alia , on the basis
of imports into the Community in the three years preceding that in
which the adverse effects referred to in paragraph 1 arise or seem likelyto arise.
3. The import prices to be taken into consideration when imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment concerned.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community import
market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 23.
Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
pursuant to Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 12
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round tradenegotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 23.
2. Quotas may be administered using one of the following methods or
by a combination thereof:
— method based on the order in which applications are submitted (on
a “first come, first served’’ basis),
— method allocating quotas in proportion to the quantities requested
when applications are submitted (using the “simultaneous
examination’’ method),
— method based on traditional trade flows (using the “traditional/new
arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at thesame time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,
without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 8
4. The detailed rules referred to in paragraph 1 shall provide for the
opening of annual quotas, if necessary suitably phased over the year,determine the method of administration to be applied and include,where appropriate, provision for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
In the case of the quota for import into Spain of 2 000 000 tonnes of
maize and 300 000 tonnes of sorghum and the quota for import intoPortugal of 500 000 tonnes of maize, those detailed rules shall alsoinclude the provisions necessary for carrying out the quota imports and,where appropriate, the public storage of the quantities imported by theintervention agencies of the Member States concerned and theirdisposal on the markets of those Member States.
Article 13
1. To the extent necessary to enable the products listed in Article 1 to
be exported without further processing or in the form of goods listed inAnnex B on the basis of quotations or prices for those products on the
world market and within the limits resulting from agreements
concluded in accordance with Article 228 of the Treaty, the differencebetween those quotations or prices and prices in the Community may becovered by export refunds.
Export refunds on the products listed in Article 1 in the form of goods
listed in Annex B may not be higher than those applicable to suchproducts exported without further processing.
2. The method adopted for allocating quantities eligible for export
refund shall be that:
(a) best suited to the nature of the product and to the situation on the
market concerned, and that will allow the available resources to beused as efficiently as possible, account being taken of theefficiency and structure of Community exports without, however,
creating discrimination between large and small operators;
(b) which is least cumbersome administratively for operators, account
being taken of administration requirements;
(c) which avoids any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the situation on the world marketor the specific requirements of certain markets so necessitate.
Refunds shall be fixed in accordance with the procedure laid down in
Article 23.
Refunds may be fixed:
(a) at regular intervals;(b) by invitation to tender for products in respect of which provision
was made for that procedure in the past.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
4. Refunds on products listed in Article 1 and exported without
further processing shall only be granted on application and onpresentation of the relevant export licence.
5. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the dayof application for the licence and, in the case of a differentiated refund,that applicable on the same day:
(a) for the destination indicated on the licence or, where appropriate;
(b) for the real destination, if it is not the same as that indicated on the
licence. In that case, the amount applicable shall not exceed theamount applicable for the destination on the licence.
Appropriate measures may be adopted to prevent the flexibility of this
paragraph from being misused.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 9
6. Paragraphs 4 and 5 may be made to apply to products listed in
Article 1 and exported in the form of goods listed in Annex B inaccordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.
7. Paragraphs 4 and 5 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, in
accordance with the procedure laid down in Article 23.
8. Save as otherwise provided in accordance with the procedure laid
down in Article 23, the refund on products listed in Article 1 (1) (a) and(b) in accordance with paragraph 5 shall be adjusted in line with thelevel of the monthly increases applicable to the intervention price and,
where appropriate, changes in that price.
A corrective amount may be fixed in accordance with the procedure laid
down in Article 23. However, the Commission may, where necessary,alter corrective amounts.
The first and second subparagraphs may be applied, in whole or in part,
to products listed in Article 1 (1) (c) and (d) and to products listed in
Article 1 and exported in the form of goods listed in Annex B. In that
case, the adjustment referred to in the first subparagraph shall becorrected by applying to the monthly increase a coefficient expressingthe ratio between the quantity of basic product and the quantity of thelatter contained in the processed product exported or used in the goodsexported.
For the first three months of the marketing year, the refund applicable to
exports of malt in storage at the end of the previous marketing year ormade from barley in stock at that time shall be that which would havebeen applied in respect of the certificate in question to exports duringthe last month of the preceding marketing year.
9. In so far as is necessary to take account of the features of
production peculiar to certain spirituous beverages obtained from
cereals, the criteria for granting export refunds as provided for inparagraph 1 and the procedures for verification may be adapted to fitthis particular situation.
10. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured
on the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. Withregard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
11. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated and unused quantities, andin particular those on the adaptation provided for in paragraph 9 shall beadopted in accordance with the procedure laid down in Article 23.Annex B shall be amended in accordance with the same procedure.However, detailed rules for the application of paragraph 6 to productsreferred to in Article 1 and exported in the form of goods referred to in
the Annex, shall be adopted in accordance with the procedure laid down
in Article 16 of Regulation (EC) No 3448/93.
Article 14
1. To the extent necessary for the proper working of the common
organization of the market in cereals, the Council, acting in accordancewith the procedure laid down in Article 43 (2) of the Treaty on aproposal from the Commission, may prohibit in whole or in part the use
of inward processing arrangements:
— in respect of products listed in Article 1 which are intended for the
manufacture of products listed in Article 1 (1) (c) and (d), and
— in special cases, in respect of products listed in Article 1 which are
intended for the manufacture of goods listed in Annex B.
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by inward processingarrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncil and the Member States shall be notified of such measures,
which shall be valid for no more than six months and shall be
immediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 10
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, may confirmamend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.
Article 15
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries;
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 16
1. Where the quotations or prices on the world market for one or
more of the products listed in Article 1 reach the level of Communityprices and where that situation is likely to continue and to deteriorate,thereby disturbing or threatening to disturb the Community market,appropriate measures may be taken.
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.
Article 17
1. If, by reason of an increase in imports or exports, the Community
market in one or more of the products listed in Article 1 is affected by,
or is threatened with, serious disturbance likely to jeopardize the
achievement of the objectives set out in Article 39 of the Treaty,appropriate measures may be applied in trade with third countries untilsuch disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for application of this paragraph and shalldetermine the cases and limits within which Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the
Commission receives a request from a Member State, it shall take a
decision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty’.
6. The following shall be added to Annex A:
CN code Description
2306 Oil-cake and other solid residues, whether or not ground or in the form of pellets,
resulting form the extraction of vegetables fats or oils, other than those of headings2304 and 2305:
2306 90 – Other:
– – Other:
2306 90 91 – – – Of germ of maize.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 11
II. Council Regulation (EEC) No 2729/75 of 29 October 1975 (OJ No L 281, 1. 11.
1975, p. 18).
The terms ‘levy’ and ‘levies’ shall be replaced by ‘duty’ and ‘duties’
respectively.
III. Council Regulation (EC) No 3670/93 of 22 December 1993 (OJ No L 338, 31.
12. 1993, p. 35).
The above Regulation is repealed.!B1994R3290 — EN — 01.07.1997 — 002.001 — 12
ANNEX II
RICE
I. Council Regulation (EEC) No 1418/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 1), as last amended by Regulation (EEC) No 1869/94 (OJ No L 197,30. 7. 1994, p. 7).
1. Article 4 (5) is replaced by the following:
‘5. The following shall be determined in accordance with the
procedure provided for in Article 27:
(a) after consultation with the Member States concerned, the
intervention centres referred to in paragraph 4;
(b) the rate for converting husked rice into paddy rice, or vice versa;
(c) the rate for converting husked rice into wholly milled and semi-
milled rice, or vice versa; and
(d) processing costs and the value of by-products to be taken into
consideration for the application of paragraph 3.’
2. Title II shall be replaced by the following:
‘TITLE II
Trade with third countries
Article 10
1. Imports into the Community or exports therefrom, of any of the
products listed in Article 1 shall be subject to presentation of an import
or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 14 and 15.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure , the security
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 27.
Article 11
1. A subsidy may be fixed for consignments to the French overseas
department of Réunion, intended for consumption there, of productsfalling within CN code 1006 (excluding code 1006 10 10) which comefrom the Member States and are in one of the situations referred to inArticle 9 (2) of the Treaty.
That subsidy shall be fixed, taking into account the supply requirements
of the Réunion market, on the basis of the difference between thequotations or prices of the relevant products on the world market and
the quotations or prices of those products on the Community market,
and, if necessary, the price of those products delivered to Réunion.
The subsidy shall be granted on application by the party concerned. The
subsidy may be fixed, where appropriate, by a tendering procedure.Such tendering procedure shall relate to the amount of the subsidy.
The subsidy shall be fixed periodically in accordance with the
procedure laid down in Article 27. However, where the need arises,the Commission may, at the request of a Member State or on its owninitiative, alter the subsidy in the interval.
2. The rules on the financing of the common agricultural policy shall
apply to the subsidy provided for in paragraph 1.
3. The detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article 27.!
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Article 12
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. Notwithstanding paragraph 1, the import duty on:
(a) husked rice covered by CN code 1006 20 shall be equal to the
intervention price valid for indica rice and japonica ricerespectively on importation, increased by:
— 80 % in the case of indica rice, and
— 88 % in the case of japonica rice,
minus the import price; and
(b) wholly milled rice covered by CN code 1006 30 shall be equal to
the intervention price at the time of importation, plus a percentageto be calculated and minus the import price.
However, that duty may not exceed the rate of duty in the Common
Customs Tariff.
The percentage referred to in (b) shall be calculated by adjusting the
respective percentage referred to in (a) by reference to the conversionrate, processing costs and the value of by-products, and then adding anamount for the protection of the industry.
3. Notwithstanding paragraph 1:
(a) no duty shall be charged on imports of products covered by CN
codes 1006 10, 1006 20 or 1006 40 00 into the French overseasdepartment of Réunion, intended for consumption there;
(b) the duty to be charged on imports of products covered by CN code
1006 30 into the French overseas department of Réunion, intended
for consumption there shall be multiplied by a coefficient of 0,30.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 27. Such detailedrules shall in particular lay down the criteria for distinguishing the typesof imported rice referred to in paragraph 2, fix the amount for the
protection of the industry and include the necessary provisions for
determining and calculating import prices and checking theirauthenticity.
Article 13
1. Without prejudice to Article 12 (2), in order to prevent or
counteract adverse effects on the market in the Community which mayresult from imports of certain products listed in Article 1, imports ofone or more of such products at the rate of duty laid down in Article 10
shall be subject to payment of an additional import duty if the
conditions set out in Article 5 of the Agreement on Agricultureconcluded in accordance with Article 228 of the Treaty in theframework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate to
the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those forwarded by the Community to the World TradeOrganization
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment in question.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market oron the Community import market for the product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 27.
Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
under the terms of Article 5 of the Agreement on Agriculture;!
B1994R3290 — EN — 01.07.1997 — 002.001 — 14
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement of Agriculture.
Article 14
1. To the extent necessary to enable the products listed in Article 1 to
be exported without further processing or in the form of goods listed in
Annex B on the basis of quotations or prices for those products on the
world market and within the limits resulting from agreementsconcluded in accordance with Article 228 of the Treaty, the differencebetween those quotations or prices and prices in the Community may becovered by an export refund.
Export refunds on the products listed in Article 1 in the form of goods
listed in Annex B may not be higher than those applicable to suchproducts exported without further processing.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, taking into account the effectiveness andstructure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively, for operators taking account
of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or thespecific requirements of certain markets make this necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 27.
Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was
laid down in the past.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
Refunds fixed at regular intervals for the product referred to in Article 1
(1) (a) and (b) shall be fixed at least once a month.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and future trends with regard to:
— prices and availability of rice and broken rice on the
Community market;
— prices of rice and broken rice on the world market;
(b) the aims of the common organization of the market in rice, which
are to ensure equilibrium and the natural development of pricesand trade on this market;
(c) limits resulting from agreements concluded in accordance with
Article 228 of the Treaty;
(d) the need to avoid disturbances on the Community market;(e) the economic aspect of the proposed exports.
When the amount of the refund is set, account shall be taken in
particular of the need to establish a balance between the use of basicCommunity agricultural products for export as processed goods to thirdcountries, and the use of basic agricultural products from thesecountries admitted for inward processing.
5. Refunds for products listed in Article 1 (1) (a) and (b) shall be
fixed in accordance with the following specific criteria:
(a) prices for those products obtaining on the various representative
export markets of the Community;
(b) the most favourable quotations recorded on the various markets of
importing third countries; and!
B1994R3290 — EN — 01.07.1997 — 002.001 — 15
(c) marketing costs and the most favourable transport charges from the
Community markets referred to in (a) to ports or other points ofexport in the Community serving these markets, as well as costsincurred in placing the goods on the world market.
6. Where refunds are fixed by a tendering procedure, such tendering
procedure shall relate to the amount of the refund.
7. Refunds on products listed in Article 1 and exported without
further processing shall only be granted on application and onpresentation of the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the dayof application for the licence and, in the case of a differentiated refund,
that applicable on the same day for:
(a) the destination indicated on the licence; or
(b) the actual destination if it differs from the destination indicated on
the licence. In that case, the amount applicable may not exceed theamount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
9. Paragraphs 7 and 8 may be able to apply to products listed in
Article 1 and exported in the form of goods listed in Annex B in
accordance with the procedure laid down in Article 16 of Regulation
(EC) No 3448/93.
10. Paragraphs 7 and 8 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, in
accordance with the procedure laid down in Article 27.
11. Save as otherwise provided in accordance with the procedure laid
down in Article 27, the refund on products listed in Article 1 (1) (a) and(b) applicable in accordance with paragraph 4 shall be adjusted in linewith the amount of monthly increases applicable to the interventionprice and, where appropriate, variations in that price, depending on thedegree of processing and using the applicable conversion rate.
A corrective amount may be fixed in accordance with the procedure laid
down in Article 27. However, the Commission may, where necessary,alter corrective amounts.
The first and second subparagraphs may be applied, in whole or in part,
to products listed in Article 1 (1) (c) and to products listed in Article 1
and exported in the form of goods listed in Annex B. In that case, the
adjustment referred to in the first subparagraph shall be corrected byapplying a coefficient expressing the ratio between the quantity of basicproduct and the quantity of the latter contained in the processed productexported or used in the goods exported.
12. The refund may be increased by a compensatory amount in respect
of stocks of paddy rice harvested within the Community and of huskedrice obtained therefrom, in hand at the end of a marketing year andforming part of that year’ s crop, which are exported without further
processing in the form of wholly milled rice or semi-milled rice
between the beginning of the following marketing year and dates still tobe determined. Before 1 July of each year the Council, acting by aqualified majority on a proposal from the Commission, shall, ifnecessary, determine the products to which the provisions of thepreceding subparagraph shall apply.
The compensatory amount shall be:— in the case of husked rice, equal to the difference between the
target price valid for the last month of the marketing year and thatvalid for the first month of the new marketing year,
— in the case of paddy rice, equal to that difference adjusted by the
conversion rate.
This amount shall, however, be reduced by the amount of any carry-over
payment already granted, pursuant to Article 8.
The compensatory amount shall be granted only if stocks reach a
minimum level.
13. The refund on the products referred to in Article 1 (a) and (b) shall
be paid upon proof that:
— the products, in the case of paddy rice and husked rice, are of
Community origin, except where paragraph 14 applies,
— the products have been exported from the Community, and!
B1994R3290 — EN — 01.07.1997 — 002.001 — 16
— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination forwhich a refund was fixed, without prejudice to paragraph 8 (b).Exceptions may be made to this rule in accordance with theprocedure laid down in Article 27, provided conditions are laiddown which offer equivalent guarantees.
Additional provisions may be adopted in accordance with the procedure
laid down in Article 27.
14. No export refund shall be granted on paddy rice and husked rice
which is imported from third countries and re-exported to thirdcountries, unless the exporter proves:
— that the product to be exported and the product previously
imported are one and the same, and
— that the levy was collected on importation.In such cases the refund on each product shall be equal to the duties
collected on importation where the latter are lower than the refundapplicable; where the duties collected on importation are higher thanthat refund, the latter shall apply.
15. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured
on the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. Withregard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
16. Detailed rules for the application of this Article, including
provisions concerning the reallocation of quantities exported not
allocated or not used, in particular as regards the adjustment referredto in paragraph 11, shall be adopted in accordance with the procedurelaid down in Article 27. Annex B shall be amended in accordance withthe same procedure. However, detailed rules for the application ofparagraph 7 to products referred to in Article 1 and exported in the formof goods referred to in the Annex shall be adopted in accordance with
the procedure laid down in Article 16 of Regulation (EC) No 3448/93.
Article 15
1. To the extent necessary for the proper working of the common
organization of the market in rice, the Council, acting on a proposal
from the Commission in accordance with the procedure laid down in
Article 43 (2) of the Treaty, may in special cases prohibit in whole or inpart the use of inward or outward processing arrangements in respect ofproducts listed in Article 1.
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward or outward
processing arrangements, the Commission shall, at the request of a
Member State or on its own initiative, decide upon the necessarymeasures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. The Commission decision may be referred to the Council by any
Member State within a week of the day on which it was notified. The
Council, acting by a qualified majority, may confirm, amend or repealthe Commission decision. If the Council has not acted within threemonths, the Commission decision shall be deemed to have beenrepealed.
Article 16
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation,
including the definitions listed in Annex A, shall be incorporated in
the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited:
— the levying of any charge having equivalent effect to a customs
duty,!
B1994R3290 — EN — 01.07.1997 — 002.001 — 17
— the application of any quantitative restriction on imports or
measure having equivalent effect.
Article 17
1. Where the quotations or prices on the world market for one or
more of the products listed in Article 1 (a) and (b) reach the level of
Community prices and where that situation is likely to continue and todeteriorate, thereby disturbing or threatening to disturb the Communitymarket, appropriate measures may be taken.
2. Quotations or prices on the world market shall be regarded as
having reached the level of Community prices when they approach orexceed the intervention buying-in price for indica and japonica rice,increased by:
— 80 % in the case of indica rice, and
— 88 % in the case of japonica rice.
3. The situation referred to in paragraph 1 shall be regarded as likely
to persist or deteriorate where there is an imbalance between supply and
demand and where that imbalance is likely to continue in view offoreseeable production and market price trends.
4. The Community market shall be regarded as being disturbed or
threatened with disturbance, as a result of the situation referred to in thepreceding paragraphs, where international trade prices are so high as toimpede importation of products listed in Article 1 into the Communityor to provoke their export from the Community, thereby jeopardizingmarket stability or security of supplies.
5. Where the conditions specified in this Article are met, the
following measures may be taken:
— application of an export levy; in addition, a special export levy
may be determined by a tendering procedure in respect of a fixed
quantity,
— fixing of a time limit for the issue of export licences,
— total or partial suspension of the issue of export licences,
— total or partial rejection of outstanding applications for the issue of
export licences.
These measures shall be repealed at the latest when it is found that, for a
period of three consecutive weeks, the condition stated in paragraphs 2
is no longer fulfilled.
6. The following shall be taken into account when an export levy is
being fixed for products listed in Article 1 (1) (a) and (b):
(a) the existing situation and the future trend with regard to:
— prices and availability of rice on the Community market,
— prices for rice and products processed in the rice sector on the
world market;
(b) the aims of the common organization of the markets in the rice
sector, which are to ensure equilibrium for both supply and trade;
(c) the need to avoid disturbances on the Community market;
(d) the economic aspect of the exports.7. When the export levy on the products listed in Article 1 (1) (c) is
being fixed, the factors listed in paragraph 6 shall apply. In addition, the
following specific factors shall be taken into account:
(a) prices obtaining for broken rice on the various Community
markets;
(b) the quantity of broken rice necessary to manufacture the products
under consideration and, where appropriate, the value of the by-
products;
(c) sale opportunities and conditions for the products in question on
the world market.
8. Where the situation on the world market and the specific
requirements of certain markets so require, the export levy may bedifferentiated.!
B
!C2
!B1994R3290 — EN — 01.07.1997 — 002.001 — 18
9. The export levy to be charged shall be the one applicable on the
day of export. However, the levy applicable on the day of lodgement ofthe application for a licence shall be applied, if the applicant so requestsat the time of requesting the licence, to an export to be carried outduring the period of validity of the licence.
10. No levy may be applied to exports carried out under food-aid
arrangements pursuant to Article 25.
11. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 27.
In accordance with the same procedure and for each of the products:
— a decision shall be taken to establish the measures listed in
paragraph 5 and put an end to the measures listed in the second and
third indents of that paragraph,
— the export levy shall be fixed periodically.
Where necessary, the Commission may establish or modify the export
levy.
12. In urgent cases, the Commission may take the measures referred to
in the third and fourth indents of paragraph 5. It shall notify its decisionto the Member States and shall publish it on the notice boards at itsheadquarters. The measures shall, by virtue of such a decision, beapplied to the relevant products from the date specified to that end, thatday shall be subsequent to the date of notification. The decision on the
measures referred to in the third indent of paragraph 5 shall be
applicable for a period not exceeding seven days.
Article 18
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1, is affected by, or isthreatened with, serious disturbance likely to jeopardize the achieve-ment of the objectives set out in Article 39 of the Treaty, appropriatemeasures may be applied in trade with third countries until such
disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the procedure laid down in Article 43 (2) of the Treaty, shall adopt
the general rules for the application of this paragraph and shall define in
what cases and within what limits Member States may take protectivemeasures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures, the Member States shall be notified ofsuch measures which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member States within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
II. Council Regulation (EEC) No 1423/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 20).
Article 3 shall be deleted.
III. Council Regulation (EEC) No 1428/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 30).
Council Regulation (EEC) No 1431/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 36).
Council Regulation (EEC) No 1432/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 39).
Council Regulation (EEC) No 1433/76 of 21 June 1976 (OJ No L 166, 25. 6.
1976, p. 42).
Council Regulation (EEC) No 1263/78 of 12 June 1978 (OJ No 156, 14. 6.
1978, p. 14).
The above Regulations shall be repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 19
ANNEX III
DRIED FODDER
Council Regulation (EEC) No 1117/78 of 22 May 1978 (OJ No L 142, 30. 5.1978, p. 2),
as last amended by Regulation (EEC) No 3496/93 (OJ No L 319, 21. 12.1993, p. 17)
1. In Title II the following Article is inserted before Article 7.
‘Article 6a
Unless this Regulation provides otherwise, the rates of duty in the Common
Customs Tariff shall apply to the products listed in Article 1.’
2. Article 7(2) is replaced by the following:
‘2. Save as otherwise provided for in this Regulation or pursuant to a provision
thereof, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equivalent
effect.’
3. Article 8 is replaced by the following:
‘Article 8
1. If, by reason of an increase in imports or exports, the Community market
in one or more of the products listed in Article 1 is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the objectivesset out in Article 39 of the Treaty, appropriate measures may be applied in tradewith third countries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the
voting procedure laid down in Article 43(2) of the Treaty, shall adopt thegeneral rules for application of this paragraph and shall determine the cases andlimits within which Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,which shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within three working days
following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they were
notified. The Council shall meet without delay. It may, acting by a qualified
majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’!
B1994R3290 — EN — 01.07.1997 — 002.001 — 20
ANNEX IV
SUGAR
I. Council Regulation (EEC) No 1785/81 of 30 June 1981 (OJ No L 177, 1. 7.
1981, p. 4), as last amended by Regulation (EC) No 133/94 (OJ No L 22, 27. 1.1994, p. 7).
1. Title II is replaced by the following:
‘TITLE II
Trade with third countries
Article 13
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (1) (a), (b), (c), (d), (f), (g) and (h) shall besubject to presentation of an import or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 16 and 17.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure the security
shall be forfeited in whole or in part if import or export is not carried
out, or is only carried out partially, within that period.
2. In accordance with the procedure laid down in Article 41:(a) the scheme provided for by this Article may be extended to cover
the products listed in Article 1 (1) (e);
(b) the term of validity of licences and other detailed rules for the
application of his Article, which may lay down in particular a timelimit for the issue of licences, shall be adopted.
Article 14
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Custom Tariff shall apply to the products listed in Article 1.
2. Notwithstanding paragraph 1, to ensure that the Community
market is adequately supplied with the products listed in Article 1 (1)
(a) (raw sugar for refining falling within CN codes 1701 11 10 an1701 12 10) and Article 1 (1) (c) (molasses) by means of imports fromthird countries, the Commission may, in accordance with the procedurelaid down in Article 41, suspend in whole or in part the application ofimport duties on these products, and establish the arrangements for anysuch suspension.
Suspension may apply for the period in which the price on the world
market plus the import duty in the Common Customs Tariff:
— in the case of raw sugar, exceeds the intervention price for the
product;
— in the case of molasses, exceeds the price level corresponding to
the price of molasses used as a basis, for the sugar marketing yearunder consideration, for determining revenue from sales ofmolasses pursuant to the provisions of Article 4 (2).
Article 15
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain agriculturalproducts, imports of one or more of such products at the rate of dutylaid down in the Common Customs Tariff shall be subject to payment ofan additional import duty if the conditions set out in Article 5 of the
Agreement on Agriculture concluded in accordance with Article 228 of
the Treaty in the framework of the Uruguay Round of multilateral tradenegotiations have been fulfilled, unless the imports are unlikely todisturb the Community market, or where the effects would bedisproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those notified by the Community to the World TradeOrganization.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 21
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall in particular be determined on the basis ofimports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community import
market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 41.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall apply under
the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 15a
For molasses:
— the world market price referred to in Article 14 (2), and
— the representative price referred to in Article 15 (3),
shall apply to standard quality.Standard quality may be determined in accordance with the procedure
laid down in Article 41.
Article 16
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round ofmultilateral trade negotiations shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article 41.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on chronological order of the lodgment of
applications (“first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneousexamination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at thesame time possibly drawing on methods which may have been appliedin the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded in
the framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary, shalldetermine the administrative method to be used and, where appropriate,shall include provisions regarding:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 22
Article 17
1. To the extent necessary to enable the products listed in Article 1
(1) (a), (c) and (d) to be exported without further processing or in theform of goods listed in Annex I, on the basis of quotations or prices onthe world market for those products listed in Article 1 (1) (a) and (c),and within the limits resulting from agreements concluded in
accordance with Article 228 of the Treaty, the difference between
those quotations or prices and prices in the Community may be coveredby export refunds.
The export refund granted for raw sugar may not exceed that granted for
white sugar.
2. Provision may be made for export refunds in respect of the
products listed in Article 1 (1) (f), (g) and (h) and exported withoutfurther processing or in the form of goods mentioned in Annex I.
When determining the amount of the refund, for each 100 kg of dry
matter particular account shall be taken of:
(a) the refund applicable to exports of products falling within
subheading 1702 30 91 of the Combined Nomenclature;
(b) the refund applicable to exports of the products referred to in
Article 1 (1) (d);
(c) the economic aspects of the planned exports.
3. The refund applicable to products listed in Article 1 exported in
the form of goods listed in Annex I shall not be greater than thatapplicable to these products exported without further processing.
4. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, account being taken of the efficiency and
structure of Community exports without, however, creating
discrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
5. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or the
specific requirements of certain markets make this necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 41. Refunds may be fixed:
(a) at regular intervals;(b) by invitation to tender in respect of products for which provision
was made for that procedure in the past.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
Tenders submitted in response to an invitation shall not be considered
unless a deposit is lodged. Except in cases of force majeure, the depositshall be forfeited in whole or in part if tenderers have not fulfilled, orhave only partially fulfilled, the obligations placed upon them.
The provisions of Articles 17a, 17b and 17c concerning products not
denatured and exported without further processing listed in Article 1 (1)
(a), (c) and (d) shall apply in addition.
6. When the amount of the refund is set, account shall be taken in
particular of the need to establish a balance between the use of
Community basic agricultural products for export as processed goods to
third countries, and the use of products from these countries
"
C4admitted under processing arrangements. 3
7. Refunds on products listed in paragraph 1 and exported without
further processing shall only be granted on application an onpresentation of the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the day!
B1994R3290 — EN — 01.07.1997 — 002.001 — 23
of application for the licence and, in the case of a differentiated refund,
that applicable on the same day:
(a) for the destination indicated on the licence; or
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
9."
C2Paragraphs 7 and 8 3may be made to apply to products
listed in Article 1 and exported in the form of goods listed in Annex I inaccordance with the procedure laid down in Article 16 of Regulation
(EC) No 3448/93.
10."
C2Paragraphs 7 and 8 3 may be waived in the case of
products listed in Article 1 on which refunds are paid under food-aidoperations, in accordance with the procedure laid down in Article 41.
11. The refund shall be paid upon proof:
— that the products have been exported from the Community, and
— that, in the case of a differentiated refund, the products have
reached the destination indicated on the licence or anotherdestination for which a refund was fixed, without prejudice toparagraph 6 (b). However, exceptions may be made to this rule inaccordance with the procedure laid down in paragraph 41,provided that conditions are laid down which offer equivalent
guarantees.
Supplementary provisions may be laid down in accordance with the
procedure provided for in Article 41.
12. No refund shall be granted on exports in the natural state of the not
denatured products referred to in Article 1 (1) (a) unless, depending onthe case, they have been:
(a) obtained from sugar beet or sugar cane harvested within the
Community;
(b) imported into the Community in accordance with Article 33;
(c) obtained from one of the products imported pursuant to the
provisions of paragraph (b).
13. No refund shall be granted on exports in the natural state of the not
denatured products referred to in Article 1 (c) and (d) which are not ofCommunity origin or which have not been obtained from sugarsimported into the Community "
C2in accordance with the provisions
of paragraph 12 (b) or from the products referred to in paragraph 12 (c).
3
14. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export licences issued for the reference periods
provided for therein and applicable to the products concerned.
15. The detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportablequantities, and the amendment of Annex I shall be adopted inaccordance with the procedure laid down in Article 41. However, the
rules governing the application of paragraph 6 for the products referred
to in Article 1 exported in the form of goods listed in the Annex shall beadopted in accordance with the procedure provided for in Article 16 ofRegulation (EC) No 3448/93.
Article 17a
1. This Article shall apply to the fixing of refunds on the not
denatured products exported in the natural state referred to in Article 1(1) (a).
2. As regards the periodic fixing of refunds for the products referred
to in Article 1 (1) (a):
(a) the refunds shall be fixed every two weeks.
However, such fixing may be discontinued in accordance with the
procedure laid down in Article 41 if it is found that no surplus
sugar is available within the Community for export on the basis ofworld market prices. In that event, no refund shall be granted;!
B1994R3290 — EN — 01.07.1997 — 002.001 — 24
(b) when the refund is being fixed, the situation on the Community
and world markets in sugar, and in particular the following, shallbe taken into account:
— the intervention price for white sugar for the Community area
with the largest surplus or the intervention price for raw sugarfor the Community area which is considered to berepresentative for the exportation of this type of sugar,
— the costs of transporting sugar "
C5from the areas referred
to in the first indent 3to ports or other points of export in
the Community,
— trade expenses and any transhipment, transport and packaging
charges incurred in marketing sugar on the world market,
— quotations or prices recorded for sugar on the world market,
and
— the economic aspect of the proposed exports.
3. Where the refund is fixed by tender for the products referred to in
Article 1 (1) (a):
(a) the purpose of the tender shall be to determine the amount of the
refund;
(b) the competent authorities of the Member States shall invite tenders
in accordance with an instrument binding in law in all MemberStates. This instrument shall lay down the terms of the invitation totender. These terms must guarantee equal access for all persons
established within the Community;
(c) the terms of the invitation to tender shall include a time limit for
the submission of tenders. The maximum amount of the refund for
the invitation in question shall be fixed in accordance with theprocedure laid down in Article 41 within three working daysfollowing the expiry of the time limit and in the light of the tendersreceived. When the maximum amount is being calculated, accountshall be taken of the supply situation and prices within the
Community, prices and potential outlets on the world market and
costs incurred in exporting sugar.
A maximum tonnage may be fixed in accordance with the same
procedure;
(d) where exports can be effected on the basis of a refund which is
lower than that which would result from taking the differencebetween prices within the Community and prices on the worldmarket into account and where exports are for a specificdestination, the competent authorities of the Member States may
be required to issue a special invitation to tender, the terms of
which shall include:
— the possibility of submitting tenders at any time until the
tendering procedure is terminated, and
— a maximum amount of the refund, calculated in the light of
requirements for the exports in question;
(e) if the amount of the refund shown in a tender:
— exceeds the maximum fixed, the competent authorities of the
Member States shall reject that tender,
— does not exceed the maximum, those authorities shall fix the
refund at an amount equal to the refund appearing in thetender in question.
4. The refund on raw sugar:(a) shall be fixed for the standard quality defined in Article 1 of
Regulation (EEC) No 431/68;
(b) fixed periodically in accordance with paragraph 2 (a):
— may not exceed 92 % of the refund for white sugar for the
same period. However, this limit shall not apply to refunds tobe fixed for candy sugar,
— shall for each exporting operation under consideration be
multiplied by a conversion factor which shall be obtained by
dividing the yield of the raw sugar exported, calculated in
accordance with the provisions of Article 1 of Regulation(EEC) No 431/68, by 92;!
B1994R3290 — EN — 01.07.1997 — 002.001 — 25
(c) the maximum amount fixed pursuant to paragraph 3 (c) within the
framework of a tender may not exceed 92 % of the maximumamount fixed at the same time for white sugar pursuant to thatparagraph.
Article 17b
1. The refund on the not denatured products exported in the natural
state listed in Article 1 (1) (c), shall be fixed each month, account beingtaken of:
(a) the price of molasses used to determine receipts from the sale of
molasses for the sugar year in question pursuant to Article 4 (2);
(b) prices and potential outlets for molasses on the Community
market;
(c) quotations or prices recorded for molasses on the world market;
and
(d) the economic aspect of the proposed exports.
However, such fixing may be discontinued in accordance with the
procedure laid down in Article 41 if it is found that no surplus molassesis available within the Community for export on the basis of worldmarket prices. In that event, no refund shall be granted.
2. In special circumstances the amount of the refund may be fixed by
tender for specific quantities and specific areas of the Community. Thepurpose of the tender shall be to determine the amount of the refund.
The competent authorities of the Member States concerned shall invite
tenders on the basis of an authorization laying down the terms of theinvitation to tender. These terms must guarantee equal access for allpersons established within the Community.
Article 17c
1. The basic amount of the refund shall be fixed each month for the
not denatured products exported in the natural state listed in Article 1
(1) (d).
However, such periodic fixing may be discontinued in accordance with
the procedure laid down in Article 41 if the periodic fixing of the refund
on white sugar not further processed, is suspended. In this event, no
refund shall be granted.
2. The basic amount of the refund on the products referred to in
paragraph 1, with the exception of sorbose, shall be equal to one-
hundredth of an amount arrived at by taking account of:
(a) the difference between the intervention price for white sugar for
the Community area with the largest surplus for the month for
which the basic amount is fixed, and the quotations or prices for
white sugar recorded on the world market;
(b) the need to establish a balance between:
— the use of Community basic products in the manufacture of
processed goods for export to third countries, and
— the use of third country products admitted under processing
arrangements.
3. In the case of sorbose, the basic amount of the refund shall be
equal to the basic amount of the refund less one-hundredth of theproduction refund valid pursuant to Regulation (EEC) No 1010/86 forthe products listed in Annex I to that Regulation.
4. The application of the basic amount of the refund may be limited
to some of the products listed in Article 1 (1) (d).
Article 18
1. To the extent necessary for the proper working of the common
organization of the markets in the sugar sector, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) of theTreaty on a proposal from the Commission, may prohibit in whole or inpart the use of inward processing arrangements:
— in respect of products listed in Article 1 (1) (a) and (d), and!
B
!C4
!B1994R3290 — EN — 01.07.1997 — 002.001 — 26
— in special cases, in respect of products listed in Article 1 (1) which
are intended for the manufacture of goods listed in Annex I.
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be "
C4disturbed by inward
processing arrangements, 3the Commission shall, at the request of a
Member State or on its own initiative, decide upon the necessarymeasures; the Council and the Member States shall be notified of such
measures, which shall be valid for no more than six months and shall be
immediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council acting by a qualified majority, may confirmamend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.
Article 19
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall bincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries:
(a) the levying of any charge having equivalent effect to a customs
duty;
(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 20
1. Where the price of sugar on the world market exceeds the
intervention price, provision may be made to apply an export levy in
respect of the sugar in question. This levy must be applied when the cif
price of white sugar or raw sugar is greater than the intervention priceplus an amount equal to the sum of 10 % of the intervention price andthe storage levy applicable during the marketing year concerned.
The export levy may be determined by tender. Except in the case of
tendering, the levy to be charged shall be that applicable on the day ofexport.
2. Where the cif price of white or raw sugar is greater than the
intervention price plus an amount equal to the sum of 10 % of theintervention price and the storage levy applicable during the marketingyear concerned, the Council, acting on a proposal from the Commissionin accordance with the voting procedure laid down in Article 43 (2) of
the Treaty, may decide to grant an import subsidy for the product in
question.
Where it is established that:
(a) supplies to the Community or;(b) supplies to a major consumption region in the Community;cannot be ensured from Community availability, the Council, acting on
a proposal from the Commission in accordance with the votingprocedure laid down in Article 43 (2) of the Treaty, shall decide to grantthe import subsidy and determine the conditions for its application.Those conditions shall relate in particular to the quantity of white or rawsugar to be covered by the subsidy, the duration of the subsidy and,
where appropriate, the importing regions.
3. The following shall be decided in accordance with the procedure
laid down in Article 41:
(a) the cif prices referred to in paragraphs 1 and 2;(b) the other arrangements for implementation of this Article.In the case of the products referred to in Article 1 (1) (b), (c), (d), (f), (g)
and (h) provisions similar to those in paragraphs 1 and 2 may beadopted in accordance with the procedure laid down in Article 41.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 27
4. The amounts stemming from the application of this Article shall be
fixed by the Commission. However, the export levies determined bytendering shall be fixed in accordance with the procedure laid down inArticle 41.
Article 21
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the
objectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threatof disturbance has ceased.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty on a proposal from the Commission, shalladopt the general rules for implementing this paragraph and shall definethe cases and limits within which the Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the
Commission receives a request from a Member State, is shall take a
decision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228(2) ofthe Treaty.’
2. Article 26 shall be amended as follows:
(a) In paragraph 1 the last sentence shall be replaced by:
‘Articles 8, 9, 17 and 20 shall not apply to such sugar and Articles
9, 17 and 20 to such isoglucose and insulin syrup’
(b) The reference to ‘Article 18’ in paragraph 2 shall be replaced by a
reference to ‘Article 20’.
3. Article 35 (1) shall be amended as follows:
(a) Paragraph 1 shall be replaced by the following:
‘1. No import duty shall apply to imports of preferential sugar.’
(b) In paragraph 2, ‘referred to in Article 21 (2)’ shall be replaced by
‘referred to in Article 19 (2)’.
II. Council Regulation (EEC) No 431/68 of 9 April 1968 (OJ No L 89, 10. 4. 1968,
p. 3).
Article 2 shall be deleted.
III. Council Regulation (EEC) No 766/68 of 18 June 1968 (OJ No L 143, 25. 6.
1968, p. 6), as last amended by Regulation (EEC) No 1489/76 (OJ No L 167,26. 6. 1976, p. 13).
Council Regulation (EEC) No 770/68 of 18 June 1968 (OJ No L 143, 25. 6.
1968, p. 16).
Council Regulation (EEC) No 226/72 of 31 January 1972 (OJ No L 28, 1. 2.
1972, p. 3).
Council Regulation (EEC) No 608/72 of 23 March 1972 (OJ No L 75, 28. 3.
1972, p. 5).
The above Regulations shall be repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 28
ANNEX V
OILS AND FATS
I. Council Regulation No 136/66/EEC of 22 September 1966 (OJ No 172, 30. 9.
1966, p. 3025), as last amended by Regulation (EC) No 3179/93 (OJ No L 285,
20. 11. 1993, p. 9)
1. Title I is replaced by the following:
‘TITLE I
Trade
Article 2
1. Imports into the Community of any of the products listed in Article
1 (2) (c) or of the products falling within CN codes 0709 90 39,
0711 20 90, 2306 90 19, 1522 00 31, 1522 00 39 shall be subject topresentation of an import licence.
Exports of olive oil from the Community shall be subject to
presentation of an export licence.
Exports from the Community of other products listed in Article 1 (2)
may be subject to presentation of export licences.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Article 3.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; save in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carried
out, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with the
procedure laid down in Article 38.
Article 2a
Save as otherwise provided for in this Regulation, the rates of duty in
the Common Customs Tariff shall apply to the products listed in Article1 (2).
Article 2b
1. Without prejudice to Article 10 (2), in order to prevent or
counteract adverse effects on the market in the Community which mayresult from imports of certain products listed in Article 1, imports ofone or more of such products at the rate of duty laid down in Article 10shall be subject to payment of an additional import duty if theconditions set out in Article 5 of the Agreement on Agriculture
concluded in accordance with Article 228 of the Treaty in the
framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined in particular on the bases ofCommunity imports over the three years preceding the year in which the
adverse effects referred to in paragraph 1 have occurred or are likely to
occur.
3. The import prices to be taken into account for the imposition of an
additional import duty shall be determined on the basis of the cif importprices of the shipment concerned.
The cif import prices shall be verified for that purpose on the basis of
representative prices for the product concerned on the world market oron the Community import market for the product.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 29
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 38.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 3
1. To the extent necessary to enable the olive oil and colza and rape
seed harvested in the Community to be exported on the basis ofquotations or prices for those products on the world market and withinthe limits resulting from agreements concluded in accordance withArticle 228 of the Treaty, the difference between those quotations orprices and prices in the Community may be covered by export refunds.
2. For the allocation of the quantities which may be exported with
refunds, a method shall be established which:
(a) is the best suited to the nature of the product and to the situation on
the market in question, enabling the most efficient use possible to
be made of the available resources, taking account of the efficiencyand structure of Community imports without, however, creatingdiscrimination between large and small operators;
(b) is the least cumbersome administratively for operators, having
regard to management imperatives;
(c) precludes discrimination between the operators concerned.3. Refunds shall be the same for the whole Community.They may vary according to destination where the situation on the world
market or the specific requirements of certain markets make thisnecessary. Where olive oil is concerned, the refund may also be fixed atdifferent levels according to quality and presentation where the situationon the world market or the specific requirements of certain markets
make this necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 38. For olive oil, refunds may be fixed in particular:
(a) at regular intervals;
(b) by invitation to tender if the market situation so warrants. For olive
oil the invitation to tender may be restricted to certain countries of
destination, certain quantities and qualities and presentations.
Except where fixed by invitation to tender, the amount of the refund
shall be fixed at least once a month. Where necessary, refunds may beadjusted in the intervening period by the Commission at the request of aMember State or on its own initiative.
4. Refunds for olive oil shall be fixed in the light of:(a) the situation and likely trends:
— on the Community market, with respect to olive oil prices and
supplies,
— on the world market, with respect to olive oil prices;
(b) the limits resulting from the agreements concluded in accordance
with Article 228 of the Treaty.
However, where the situation on the world market does not allow the
most favourable prices for olive oil to be determined, account may betaken of the price on that market of the main competing vegetable oilsand of the gap recorded over a representative period between that priceand the price for olive oil.
The amount of the refund may not exceed the difference between the
price of olive oil in the Community and that on the world market,
adjusted if appropriate to take account of the costs of exporting the
products to that market.
5. Refunds for colza and rape seed shall be fixed in the light of:
(a) the prices obtaining in the Community on the different
representative markets for processing and export and the level of
market prices in the Community for colza and rape seed and thelikely trends in these prices;!
B1994R3290 — EN — 01.07.1997 — 002.001 — 30
(b) the situation in the Community regarding the supply of these
products in relation to demand;
(c) the most favourable prices recorded on the various markets of the
importing third countries;
(d) shipment costs on the world market;(e) the economic aspects of the exports proposed;
(f) the limits arising out of the agreements concluded pursuant to
Article 228 of the Treaty.
6. Refunds shall be granted only on request and on presentation of the
relevant export licence.
7. The refund applicable to exports of olive oil and colza and rape
seed shall be that applicable on the day of application for the licenceand, in the case of a differentiated refund, that applicable on the sameday:
(a) for the destination indicated on the licence, or, if appropriate;(b) for the actual destination, if it differs from that indicated on the
licence. In that case the amount applicable may not exceed theamount applicable to the destination indicated on the licence.
Appropriate measures may be taken to preclude abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of olive oil and colza
and rape seed on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 38.
9. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periods
provided for therein and applicable to the products concerned With
regard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
10. Detailed rules for the application of this Article, including
provisions concerning redistribution of unallocated or unused expor-table quantities, shall be adopted in accordance with the procedure laiddown in Article 38.
Article 3a
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall be
incorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 3b
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (2) is affected by or its
threatened with, serious disturbance likely to jeopardize the achieve-
ment of the objectives set out in Article 39 of the Treaty, appropriatemeasures may be applied in trade with third countries until suchdisturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt general rules for the implementation of this paragraph.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the
Commission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of therequest.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 31
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
2. Article 4 (1) is replaced by the following:
‘1. A production target price, an intervention price and a representa-
tive market price for olive oil shall be fixed each year for the
Community.However, when during the marketing year the factors which
are used to determine the representative market price for olive oilundergo a change which, on the basis of the criteria to be establishedunder the procedure laid down in Article 38, may be considered assubstantial, a decision shall be taken under the said procedure to adjustthe representative market price during the marketing year.
In such cases, the level of consumption aid referred to in Article 11 (5)
and (6) may be adjusted in accordance with the same procedure.’
3. Articles 9, 14, 15, 16, 17, 18 and 19 shall be deleted.
4. Article 20 shall be replaced by the following:
‘Article 20
1. Where olive oil is exported to third countries and world prices are
higher than the Community price, a levy to cover the difference may be
charged.
2. For olive oil which has not undergone a refining process, the
amount of the levy may not exceed the cif price for olive oil less the
representative market price fixed pursuant to Articles 4 and 6. The cif
price shall be determined on the basis of the most favourable purchasingpossibilities on the world market, the prices being adjusted in the lightof any differences in relation to the denomination or quality of theproducts concerned.
For olive oil which has undergone a refining process, the amount of the
levy may not exceed the cif price referred to in the first subparagraphless the representative market price, the amount of the difference beingweighted, as appropriate, by a weighting of 111 representing thequantity of virgin olive oil needed to produce 100 kg of refined olive oilor by a weighting of 149 representing the quantity of raw olive-residue
oil needed to produce 100 kg of refined olive-residue oil.
3. The export levy shall be fixed by the Commission.
4. The detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article 38.’
5. Article 20a is replaced by the following:
‘Article 20a
1. Olive oil used for the manufacture of preserved fish falling within
CN code 1604, with the exception of subheading 1604 30, preservedcrustaceans and molluscs falling within CN code 1605 and preservedvegetables falling within CN codes 2001, 2002, 2003, 2004 and 2005,shall benefit from a system of production refunds.
2. The amount of the refund shall be fixed on the basis of the
difference between the prices obtaining on the world market and on theCommunity market. To that end the following shall be taken intoaccount:
— the import charge applicable to olive oil falling within subheading
CN 1509 90 00 during a reference period;
— the factors taken into consideration when fixing the export refunds
valid for olive oil falling within subheading CN 1509 90 00 duringa reference period.
However, where the olive oil used in the manufacture of the preserves
was produced in the Community, the refund shall be equal to the
amount referred to in the previous subparagraph, plus an amount equalto the consumption aid applicable on the day on which the refund wasapplied.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 32
3. The refund previously fixed shall be maintained where the
difference between that refund and the new one does not exceed anamount to be determined.
4. In the event of a significant change in the representative market
price at the beginning of the period of validity of the refund, accountmay also be taken, when fixing the refund, of the difference between thenew representative price and that previously valid.
5. Entitlement to the refund shall be acquired at the time the oil is
used in the manufacture of preserves. The Member States shall ensure,by means of monitoring arrangements, that the refund is granted solelyfor olive oil used for the manufacture of the preserves referred to inparagraph 1.
6. The production refund shall be fixed every two months by the
Commission.
7. The detailed rules for the application of this Article, and in
particular those concerning the monitoring arrangements referred to inparagraph 5, shall be adopted in accordance with the procedure laiddown in Article 38.’
6. Articles 20b and 28 shall be deleted.
II. Regulation (EEC) No 142/67 of 21 June 1967 (OJ No L 125, 26. 6 1967, p.
2461), as last amended by Regulation (EEC) No 2429/72 (OJ No L 264, 23. 11.1972, p. 1)
Regulation (EEC) No 143/67 of 21 June 1967 (OJ No L 125, 26. 6. 1967, p.
2463), as last amended by Regulation (EEC) No 2077/71 (OJ No L 220, 30. 9.1972, p. 1)
Regulation (EEC) No 19/69 of 20 December 1968 (OJ No L 3, 7. 1. 1969, p. 2),
as last amended by Regulation (EEC) No 2429/72 (OJ No L 264, 23. 11. 1972,
p. 1)
Regulation (EEC) No 2596/69 of 18 December 1969 (OJ No L 324, 27. 12.
1969, p. 12)
Regulation (EEC) No 1076/71 of 25 May 1971 (OJ No L 116, 28. 5. 1971, p. 2)
Regulation (EEC) No 443/72 of 29 February 1972 (OJ No L 54, 3. 3. 1972, p.
3), as last amended by Regulation (EEC) No 2560/77 (OJ No L 303, 28. 11.1977, p. 1)
Regulation (EEC) No 1569/72 of 20 July 1972 (OJ No L 167, 25. 7. 1972, p. 9),
as last amended by Regulation (EEC) No 2206/90 (OJ No L 201, 31. 1. 1990, p.11)
Regulation (EEC) No 2751/78 of 23 November 1978 (OJ No L 331, 28. 11.
1978, p. 5)
Regulation (EEC) No 591/79 of 26 March 1979 (OJ No L 78, 30. 3. 1979, p. 2),
as last amended by Regulation (EEC) No 2903/89 (OJ No L 280, 29. 9. 1989, p.
3)
Regulation (EEC) No 1594/83 of 14 June 1983 (OJ No L 163, 22. 6. 1983, p.
44), as last amended by Regulation (EEC) No 1321/90 (OJ No L 132, 23. 5.1990, p. 15)
Regulation (EEC) No 1491/85 of 23 May 1985 (OJ No L 151, 10. 6. 1985, p.
15), as last amended by Regulation (EEC) No 1724/91 (OJ No L 162, 26. 6.1991, p. 35)
Regulation (EEC) No 2194/85 of 25 July 1985 (OJ No L 204, 2. 8. 1985, p. 7),
as last amended by Regulation (EEC) No 1725/91 (OJ No L 162, 26. 6. 1991, p.37)
Regulation (EEC) No 1650/86 of 26 May 1986 (OJ No L 145, 30. 5. 1986, p. 8)
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 33
ANNEX VI
FLAX AND HEMP
I. Council Regulation (EEC) No 1308/70 of 29 June 1970 (OJ No L 146, 4. 7.
1970, p. 1), as last amended by Regulation (EEC) No 1557/93 (OJ No L 154,
25. 6. 1993, p. 26).
Articles 7 and 8 are replaced by the following:
‘Article 7
Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,— the application of any quantitative restriction or measure having equivalent
effect.
Article 8
1. This Article shall apply without prejudice to more restrictive provisions
adopted by Member States.
2. Raw true hemp falling within CN code 5302 10 00 and coming from third
countries may be imported only if the product meets the conditions laid down inArticle 4 (1) and if evidence is produced that its tetrahydrocannabinol content isno higher than that referred to in Article 4 (4).
3. Only seed or hemp varieties falling with CN code 1207 99 10 coming from
third countries which offer the guarantees provided for in Article 4 (1) and
which are included in the list to be drawn up may be imported. That list shall be
drawn up in accordance with the conditions to be laid down in accordance withArticle 4 (4).
4. Community imports of the products specified in paragraphs 2 and 3 shall
be subject to checks to determine whether the terms of this Article have beencomplied with.
Where the said terms have been complied with, the importing Member State
shall issue a certificate indicating such compliance.
5. Only the following shall be authorized to import hemp seed falling within
CN code 1207 99 91:
— research organizations and institutes,— natural or legal persons who can provide proof of a sufficient level of
activity in the sector concerned.
6. All imports, by persons referred to in the second indent of paragraph 5 of
seeds referred to in that paragraph shall be subject to a system of control which
shall apply until the seeds are used for a purpose other than sowing.
7. Member States shall communicate to the Commission the provisions
adopted by them to ensure the control provided for in paragraph 6 beforeapplying them. Where these provisions do not enable such control to be carriedout effectively, the amendments which the Member State concerned is to make
to them shall be decided in accordance with the procedure laid down in Article
12.
8. Detailed rules for the implementation of this paragraph shall be adopted in
accordance with the procedure provided for in Article 12.
Article 8a
1. If, by reason of imports or exports, the Community market in one or more
of the products listed in Article 1 is affected by, or is threatened with, seriousdisturbance likely to jeopardize the achievement of the objectives set out inArticle 39 of the Treaty, appropriate measures may be applied in trade with thirdcountries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt generalrules for the implementation of the paragraph and define the cases and limits inwhich Member States may take precautionary measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,
which shall be immediately applicable. If the Commission receives a request
from a Member State, it shall take a decision thereon within three working daysof receipt of the request.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 34
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they werenotified. The Council shall meet without delay. It may, acting by a qualifiedmajority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’
II. Council Regulation (EEC) No 1430/82 of 18 May 1982 (OJ No L 162, 12. 6.
1982, p. 27), as last amended by Regulation (EEC) No L 2058/84 (OJ No L 191,19. 7. 1984, p. 5).
Article 2 is deleted.
III. Council Regulation (EEC) No 2059/84 of 16 July 1984 (OJ No L 191, 19. 7.
1984, p. 6)
Articles 2, 3 and 4 are deleted.
IV . Council Regulation (EEC) No 1054/72 of 19 May 1972 (OJ No L 120, 25. 5.
1972, p. 1)
The above Regulation is repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 35
ANNEX VII
MILK PRODUCTS
I. Council Regulation (EEC) No 804/68 of 27 June 1968 (OJ No L 148, 27. 6.
1968, p. 13), as last amended by Regulation (EC) No 2807/94 (OJ No L 298, 19.11. 1994, p. 1).
1. Article 4 is deleted.2. Title III is replaced by the following:
‘TITLE III
Trade with third countries
Article 13
1. Imports into the Community of any of the products listed in Article
1 shall be subject to the presentation of an import licence. Exports fromthe Community of any such products may be made subject topresentation of an export licence.
2. Licences shall be issued by Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to the measures taken for the application of Articles 16 and17.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carriedout, or is carried out only partially, within that period.
3. The following shall be adopted in accordance with the procedure
laid down in Article 30:
(a) the list of products in respect of which export licences are
required;
(b) the term of validity of the licences; and
(c) the other detailed rules for the application of this Article.
Article 14
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 15
1. In order to prevent or counteract adverse effects on the market in
the community which may result from imports of certain products listedin Article 1, imports of one or more of such products at the rate of dutylaid down in Article 10 shall be subject to payment of an additionalimport duty if the conditions set out in Article 5 of the Agreement on
Agriculture concluded in accordance with Article 228 of the Treaty in
the framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those which are forwarded by the Community to the World
Trade Organization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely to
arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community importmarket for that product.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 36
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 30.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 16
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round ofmultilateral trade negotiations shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article 30.
2. Quotas may be administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of
applications (using the “first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneousexamination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements on the Community marketand the need to safeguard the equilibrium of that market, whilst at thesame time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,
without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary, to be opened,determine the administrative method to be applied and, whereappropriate, include provisions regarding:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 17
1. To the extent necessary to enable the products listed in Article 1 to
be exported without further processing or in the form of goods listed inthe Annex if they are products listed in Article 1 (a), (b), (c), (d), (e) and(g), on the basis of prices for those products on the world market andwithin the limits resulting from agreements concluded in accordancewith Article 228 of the Treaty, the difference between those prices and
prices in the Community may be covered by export refunds.
Export refunds on the products listed in Article 1 in the form of goods
listed in the Annex may not be higher than those applicable to such
products exported without further processing.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, account being taken of the efficiency and
structure of Community exports without, however, creating
discrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 37
They may vary according to destination, where the world market
situation or the specific requirements of certain markets make thisnecessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 30. Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products for which that procedure was
provided for in the past.
Except where fixed by tender, the list of products on which an export
refund is granted and the amount of such refund shall be fixed at least
once every four weeks. The amount of the refund may, however, remain
at the same level for more than four weeks and may, where necessary, beadjusted in the intervening period by the Commission at the request of aMember State or on its own initiative. However, for products listed inArticle 1 and exported in the form of goods listed in the Annex, therefund may be fixed according to another timetable determined in
accordance with the procedure referred to in Article 16 of Regulation
(EC) No 3448/93.
4. The following shall be taken into account when refunds are being
fixed for the products listed in Article 1 and exported without furtherprocessing:
(a) the existing situation and future trends with regard to:
— prices and availabilities for milk and milk products on the
Community market;
— prices of milk and milk products on the world market;
(b) the most favourable marketing costs and transport costs from
Community markets to Community ports or other places of export
together with forwarding costs to the countries of destination;
demand on the Community market;
(c) the objectives of the common organization of the markets in milk
and milk products, which are to ensure a balanced situation andnatural development regarding prices and trade on these markets;
(d) limits resulting from agreements concluded in accordance with
Article 228 of the Treaty;
(e) the importance of avoiding disturbances on the Community
market;
(f) the economic aspect of the proposed exports.
Account shall also be taken in particular of the need to establish a
balance between the use of Community basic agricultural products forexport as processed goods to third countries, and the use of productsfrom those countries admitted for inward processing.
5. For the products referred to in Article 1 and exported as such:(a) the prices in the Community referred to in paragraph 1 shall be
determined taking account of the prices prevailing which prove to
be the most favourable as regards export;
(b) the prices on the world market referred to in paragraph 1 shall be
determined taking account in particular of:
(a) the prices on third-country markets;
(b) the most favourable prices in third countries of destination for
third-country imports;
(c) producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries;
(d) free-at-frontier offer prices.
6. Refunds shall be granted for the products referred to in paragraph
1 only on application and on presentation of the relevant export licence.
7. The refund applicable to exports of products listed in Article 1 and
exported as such shall be that applicable on the day of application for
the licence and, in the case of a differentiated refund, that applicable on
the same day for:
(a) the destination indicated on the licence, or where appropriate!
B1994R3290 — EN — 01.07.1997 — 002.001 — 38
(b) the actual destination if it differs from the destination indicated on
the licence. In that case, the amount applicable may not exceed theamount applicable or the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be made to apply to products listed in
Article 1 and exported in the form of goods listed in the Annex inaccordance with the procedure laid down in Article 16 of Regulation
(EC) No 3448/93.
9. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 30.
10. The refund shall be paid upon proof that:— the products are of Community origin, except where paragraph 11
applies,
— the products have been exported from the Community, and— in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination forwhich a refund was fixed, without prejudice to paragraph 7 (b).
Exceptions may be made to this rule in accordance with the
procedure laid down in Article 30, provided conditions are laiddown which offer equivalent guarantees.
11. No export refund shall be granted on products which are imported
from third countries and re-exported to third countries, unless theexporter proves that:
— the product to be exported and the product previously imported are
one and the same, and
— all import duties were collected on importation.In such cases the refund on each product shall be equal to the levy
collected on importation where that levy is equal to or lower than the
refund applicable; the refund shall be equal to the refund applicable
where the levy collected on importation is higher than this refund.
12. As regards the products referred to in Article 1 and exported in the
form of the goods listed in the Annex, paragraphs 10 and 11 shall applyonly to goods falling within the following CN codes:
— 1806 90 60 to 1806 90 90 (certain products containing cocoa),— 1901 (certain food preparations of flour, etc.),— 2106 90 99 (certain food preparations not elsewhere specified),having a high milk-product content.13. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periods
provided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreementof Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
14. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportablequantities, shall be adopted in accordance with the procedure laid
down in Article 30. However, the detailed rules on the application of
paragraphs 8, 10, 11 and 12 for products referred to in Article 1 andexported in the form of goods listed in the Annex shall be adopted inaccordance with the procedure laid down in Article 16 of Regulation(EEC) No 3448/93.
Article 18
1. To the extent necessary for the proper working of the common
organization of the market in milk and milk products, the Council,acting in accordance with the voting procedure laid down in Article 43(2) of the Treaty on a proposal from the Commission, may, in special
cases, prohibit in whole or in part the use of inward processing
arrangements in respect of products listed in Article 1 which areintended for the manufacture of products listed in that Article or ofgoods listed in the Annex.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 39
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by the inward processingarrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncil and the Member States shall be notified of such measures,
which shall be valid for no more than six months and shall be
immediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, mayconfirm, amend or repeal the Commission decision. If the Council has
not acted within three months, the Commission decision shall be
deemed to have been repealed.
Article 19
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply to
the tariff classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade withthird countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 20
1. Where, for one or more of the products listed in Article 1, the free-
at-frontier price significantly exceeds the level of Community pricesand where that situation is likely to continue, thereby disturbing orthreatening to disturb the Community market, the measures providedfor in paragraph 5 may be taken.
2. A significant excess within the meaning of paragraph 1 shall exist
when the free-at-frontier price exceeds the intervention price fixed forthe product in question, increased by 15 %, or, as regards products forwhich there is no intervention price, a price derived from the
intervention price, to be determined in accordance with the procedure
laid down in Article 30, taking account of the nature and composition ofthe product in question.
3. The situation in which the free-at-frontier price significantly
exceeds the level of prices is likely to continue when an imbalanceexists between supply and demand and that imbalance is likely tocontinue, in view of foreseeable trends in production and market prices.
4. The Community market is disturbed or under threat of disturbance
by the situation referred to in this Article when the high level of pricesin international trade:
— hinders imports of milk products into the Community, or— causes milk products to leave the Community,so that security of supply is no longer ensured or threatens to be no
longer ensured in the Community.
5. Where the conditions listed in the previous paragraphs are met,
total or partial suspension of the levies and/or collection of exportcharges may be decided on in accordance with the procedure laid down
in Article 30. Detailed rules for the application of this Article shall be
adopted in accordance with the same procedure.
Article 21
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of the
objectives set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance or threatof disturbance has ceased.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 40
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty on a proposal from the Commission, shalladopt general rules for the application of this paragraph and shall definethe cases in which and the limits within which Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the
Commission receives a request from a Member State, it shall take a
decision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
II. Council Regulation (EEC) No 876/68 of 28 June 1968 (OJ No L 155, 3. 7. 1968,
p. 1), as last amended by Regulation (EEC) No 1344/86 (OJ No L 119, 8. 5.1986, p. 36).
Council Regulation (EEC) No 2115/71 of 28 September 1971 (OJ No L 222, 2.
10. 1971, p. 5).
Council Regulation (EEC) No 2180/71 of 12 October 1971 (OJ No L 231, 14.
10. 1971, p. 1).
Council Regulation (EEC) No 1603/74 of 25 June 1974 (OJ No L 172, 27. 6.
1974, p. 9).
Council Regulation (EEC) No 2915/79 of 18 December 1979 (OJ No L 329, 24.
12. 1979, p. 1), as last amended by Regulation (EEC) No 3798/91 (OJ No L357, 28. 12. 1991, p. 3).
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 41
ANNEX VIII
BEEF AND VEAL
I. Council Regulation (EEC) No 805/68 of 27 June 1968 (OJ No L 148, 28. 6.
1968, p. 24), as last amended by Regulation (EC) No 1884/94 (OJ No L 197, 30.7. 1994, p. 27).
1. Article 3 is deleted.2. Title II is replaced by the following:
‘TITLE II
Trade with third countries
Article 9
1. Imports into the Community of any of the products listed in Article
1 (1) (a) shall be subject to presentation of an import licence.
Imports into the Community of any of the products listed in Article 1
(1) (b) and exports from the Community of products listed in Article 1(1) (a) and (b) may be subject to presentation of an import or exportlicence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 12 and 13.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security
guaranteeing that the products are imported or exported during the term
of validity of the licence; except in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carriedout, or is carried out only partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 27.
Article 10
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 11
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain productslisted in Article 1, imports of one or more of such products at the rate ofduty laid down in Article 10 shall be subject to payment of an additional
import duty if the conditions set out in Article 5 of the Agreement on
Agriculture concluded in accordance with Article 228 of the Treaty inthe framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below on which an additional duty may be
imposed shall be those which are forwarded by the Community to theWorld Trade Organization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community importmarket for that product.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 42
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with "C2the procedure laid down in
Article 27 3. Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 12
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round of
multilateral trade negotiations shall be opened and administered in
accordance with detailed rules adopted under the procedure laid downin Article 27.
With regard to the import quota of 50 000 tonnes of frozen meat coming
under CN codes 0202 20 30, 0202 30 and 0206 29 91 and intended for
processing, the Commission shall submit a report on the balance beforeDecember each year. The Council, acting on a proposal from theCommission by a qualified majority, may lay down that all or part of thequota shall cover equivalent quantities of quality meat, applying aconversion rate of 4,375.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on chronological order of the lodgement of
applications (“first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneous
examination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded aspart of the Uruguay Round trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year and, if necessary, shalldetermine the administrative method to be used and, where appropriate,shall include:
(a) guarantees covering the nature, provenance and origin of the
product, and, where appropriate, the maintenance of traditionaltrade patterns;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 13
1. To the extent necessary to enable the products listed in Article 1 to
be exported on the basis of prices or those products on the world market
and within the limits resulting from agreements concluded in
accordance with Article 228 of the Treaty, the difference betweenthose prices and prices in the Community may be covered by exportrefunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available, account being taken of the efficiency and
structure of Community exports without, however, creatingdiscrimination between large and small operators;!
B1994R3290 — EN — 01.07.1997 — 002.001 — 43
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or thespecific requirements of certain markets make this necessary. Refundsshall be fixed in accordance with the procedure laid down in Article 27.Refunds may be fixed:
(a) at regular intervals;
(b) in addition and for limited quantities, by invitation to tender for
products for which that procedure seems appropriate.
Except where fixed by tender, the list of products on which an export
refund is granted and the amount of such refund shall be fixed at least
once every three months. The amount of the refund may, however,remain at the same level for more than three months and may, wherenecessary, be adjusted in the intervening period by the Commission atthe request of a Member State or on its own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and the future trend with regard to:
— prices and availabilities of beef and veal sector products on
the Community market;
— prices for beef and veal sector products on the world market;
(b) the aims of the common organization of the market in beef and
veal, which are to ensure equilibrium and the natural development
of prices and trade on this market;
(c) the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty;
(d) the need to avoid disturbances on the Community market;
(e) the economic aspect of the proposed exports.Account shall also be taken in particular of the need to establish a
balance between the use of Community basic products in the
manufacture of processed goods exported to third countries and theuse of products from these countries admitted to inward processingarrangements.
In addition, in calculating the amount of the refund for products listed in
sections (a), (c) and (d) of the Annex, and in section (b) under
subheadings 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 and0206 29 91, the flat-rate coefficients set for each of the productsconcerned may be taken into account.
5. When prices within the Community listed in paragraph 1 are being
determined the following shall be taken into account:
— prices ruling on the representative Community markets,— prices ruling at export.
When prices in international trade listed in paragraph 1 are being
determined account shall be taken of:
— prices ruling on third-country markets,
— the most favourable prices in third countries of destination for
third-country imports,
— producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries,
— free-at-Community-frontier offer prices.
6. Refunds shall be granted only on application and on presentation
of the relevant export licence.
7. The refund applicable to exports of products listed in Article 1
shall be that applicable on the day of application for the licence and, inthe case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence; or
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 44
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 63 and 47 may be waived in the case of products listed
in Article 1 on which refunds are paid under food-aid operations, in
accordance with the procedure laid down in Article 27.
9. The refund shall be paid upon proof that:
— the products are of Community origin, except where paragraph 10
applies,
— the products have been exported from the Community, and
— in the case of a differentiated refund the products have reached the
destination indicated on the licence or another destination forwhich the refund was fixed, without prejudice to paragraph 3 (b).Exceptions may be made to this rule in accordance with theprocedure laid down in Article 27, provided conditions are laid
down which offer equivalent guarantees.
10. In the absence of a derogation granted in accordance with the
procedure laid down in Article 27, no export refund shall be granted onproducts which are imported from third countries and re-exported to
third countries.
11. Observance of the volume limits resulting from the agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export licences issued for the reference periodsprovided for therein which apply to the products concerned. With regard
to compliance with the obligations arising in the framework of the
Uruguay Round multilateral trade negotiations, the ending of areference period shall not affect the validity of export licences.
12. Detailed rules for the application of this Article, including
provisions on the redistribution of exportable quantities which have
not been allocated or utilized, shall be adopted in accordance with theprocedure laid down in Article 27.
Article 14
1. To the extent necessary for the proper working of the common
organization of the market in beef and veal, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) of theTreaty on a proposal from the Commission, may, in special cases,prohibit in whole or in part the use of inward or outward processingarrangements in respect of products listed in Article 1.
2. However, by way of derogation from paragraph 1, if the situation
referred to in paragraph 1 arises with exceptional urgency and theCommunity market is disturbed or is liable to be disturbed by theinward or outward processing arrangements, the Commission shall, atthe request of a Member State or on its own initiative, decide upon the
necessary measures; the Council and the Member States shall be
notified of such measures, which shall be valid for no more than sixmonths and shall be immediately applicable. If the Commissionreceives a request from a Member State, it shall take a decision thereonwithin a week following receipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, mayconfirm, amend or repeal the Commission decision. If the Council hasnot acted within three months, the Commission decision shall be
deemed to have been repealed.
Article 15
1. The general rules for the interpretation of the combined
nomenclature and the detailed rules for its application shall apply to
the tariff classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall beincorporated into the Common Customs tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 45
Article 16
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of theobjectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threatof disturbance has ceased.
The Council, acting on a proposal from the Commission, in accordance
with the voting procedure laid down in Article 43 of the Treaty, shalladopt general rules for the application of this paragraph and shall define
the circumstances and limits within which Member States mad adopt
protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures: the Member States shall be notified of
such measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
3. Article 22a (2) is replaced by the following:
‘2. The Council, acting on a Commission proposal in accordance with
the voting procedure laid down in Article 43 of the Treaty, shall adoptgeneral rules for the application of this Article.’
II. Council Regulation (EEC) No 98/69 of 16 January 1969 (OJ No L 14, 21. 1.
1969, p. 2), as amended by Regulation (EEC) No 429/77 (OJ No L 61, 5. 3.1977, p. 18).
Article 1 is replaced by the following:
‘Article 1
1. Disposal of the products held by intervention agencies may be undertaken
only:
(a) where the products are intended for a particular use; or(b) where the products are intended for export; or
(c) in the case of disposal without a specific destination, if no risk of
disturbance of the market results, having regard in particular to the level of
average market prices for adult bovine animals in the Community and in
the Member States, as recorded in accordance with Regulation (EEC) No1892/87; or
(d) where removal from storage is necessary for technical reasons.
2. In the cases referred to in paragraph 1 (a) and (b), special conditions may
be laid down to ensure that the products are not used for a purpose other thanthat for which they were intended and to take account of the particular
requirements of such sales.
To ensure that the obligations entered into are fulfilled, such conditions may
include the provision of a security which shall be forfeited in whole or in part if
the said obligations are not or are only partially fulfilled.’
III. Council Regulation (EEC) No 885/68 of 28 June 1968 (OJ No L 156, 4. 7. 1968,
p. 2), as last amended by Regulation (EEC) No 427/77 (OJ No L 61, 5. 3. 1977,
p. 16)
Council Regulation (EEC) No 1157/92 of 28 April 1992 (OJ No L 122, 7. 5.
1992, p. 4)
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 46
ANNEX IX
SHEEPMEAT AND GOATMEAT
I. Council Regulation (EEC) No 3013/89 of 25 September 1989 (OJ No L 289, 7.
10. 1989, p. 1), as last amended by Regulation (EC) No 1886/94 (OJ No L 197,
30. 7. 1994, p. 30).
Title II is replaced by the following:
‘TITLE II
Trade with third countries
Article 9
1. Imports into the Community, or exports therefrom, of any of the products
listed in Article 1 may be subject to presentation of an import or export licence.
Licences shall be issued by the Member States to any applicant, irrespective of
his place of establishment in the Community and without prejudice to measures
taken for the application of Article 12.
Import and export licences shall be valid throughout the Community. The
issuing of such licences may be subject to the lodging of a security guaranteeingthat the products are imported or exported during the term of validity of the
licence; except in cases of force majeure, the security shall be forfeited in whole
or in part if import or export is not carried out, or is carried out only partially,within that period.
2. The list of products for which export licences are required, the term of
validity of licences and other detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid down in Article 30.
Article 10
Unless this Regulation provides otherwise, the rates of duty in the Common
Customs Tariff shall apply to the products listed in Article 1.
Article 11
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in Article1, imports of one or more of such products at the rate of duty laid down in
Article 10 shall be subject to payment of an additional import duty if the
conditions set out in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 228 of the Treaty in the framework of the UruguayRound of multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effects would bedisproportionate to the intended objective.
2. The trigger prices below on which an additional duty may be imposed shall
be those which are forwarded by the Community to the World TradeOrganization.
The trigger volumes to be exceeded in order to have the additional import duty
imposed shall be determined particularly on the basis of imports into the
Community in the three years preceding the year in which the adverse effectsreferred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an additional
import duty shall be determined on the basis of the cif import prices of the
consignment under consideration.
Cif import prices shall be checked to that end against the representative prices
for the product on the world market or on the Community import market for thatproduct.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 30. Such detailedrules shall specify in particular:
(a) the products to which additional import duties may be applied under the
terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 47
Article 12
1. Tariff quotas for the products listed in Article 1 resulting from agreements
concluded in the framework of the Uruguay Round of multilateral trade
negotiations shall be opened and administered in accordance with detailed rulesadopted under the procedure laid down in Article 30.
2. Quotas shall be administered by applying one of the following methods or
a combination of them:
— method based on chronological order of the lodgement of applications
(“first-come, first served’’ principle),
— method of distribution in proportion to the quantities requested when the
applications were lodged (using the “simultaneous examination’’ method),
— method based on taking traditional trade patterns into account (using the
“traditional/new arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.3. The methods of administration adopted shall, where appropriate, give due
weight to the supply requirements of the Community market and the need tosafeguard the equilibrium of that market, whilst at the same time possiblydrawing on methods which may have been applied in the past to quotascorresponding to those referred to in paragraph 1, without prejudice to the rights
resulting from agreements concluded in the framework of the Uruguay Round
negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, if necessary, shall determine theadministrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the product and,
where appropriate, the maintenance of traditional trade patterns;
(b) recognition of the document used for verifying the guarantees referred to in
(a); and
(c) the conditions under which import licences are issued and their term of
validity.
Article 13
1. To the extent necessary for the proper working of the common
organization of the market in milk and milk products, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) of the Treatyon a proposal from the Commission, may, in special cases, prohibit in whole orin part the use of inward processing arrangements in respect of products listedin Article 1.
2. However, by way of derogation from paragraph 1, if the situation referred
to in paragraph 1 arises with exceptional urgency and the Community market isdisturbed or is liable to be disturbed by the inward or outward processing
arrangements, the Commission shall, at the request of a Member State or on its
own initiative, decide upon the necessary measures; the Council and theMember States shall be notified of such measures, which shall be valid for nomore than six months and shall be immediately applicable. If the Commissionreceives a request from a Member State, it shall take a decision thereon within aweek following receipt of the request.
3. Measures decided on by the Commission may be referred to the Council by
any Member State within a week of the day on which they were notified. TheCouncil, acting by a qualified majority, may confirm, amend or repeal the
Commission decision. If the Council has not acted within three months, the
Commission decision shall be deemed to have been repealed.
Article 14
1. The general rules for the interpretation of the combined nomenclature and
the detailed rules for its application shall apply to the tariff classification ofproducts covered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall be incorporated into the Common CustomsTariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,— the application of any quantitative restriction or measure having equivalent
effect.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 48
Article 15
1. If, by reason of an increase in imports or exports, the Community market
in one or more of the products listed in Article 1 is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the objectivesset out in Article 39 of the Treaty, appropriate measures may be applied in tradewith third countries until such disturbance or threat of disturbance has ceased.
The Council, acting on a Commission proposal in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules forthe application of this paragraph and shall define the circumstances and limitswithin which Member States may adopt protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,which shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within three working days
following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they werenotified. The Council shall meet without delay. It may, acting by a qualified
majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’
II. Council Regulation (EEC) No 2641/80 of 14 October 1980 (OJ No L 275, 18.
10. 1980, p. 2), as last amended by Regulation (EEC) No 3890/92 (OJ No L391, 31. 12. 1992, p. 51).
Council Regulation (EEC) No 2642/80 of 14 October 1980 (OJ No L 275, 18.
10. 1980, p. 4), as last amended by Regulation (EEC) No 3939/87 (OJ No L373, 31. 12. 1987, p. 1).
Council Regulation (EEC) No 3643/85 of 19 December 1985 (OJ No L 348, 24.
12. 1985, p. 2), as last amended by Regulation (EEC) No 3890/92 (OJ No L391, 31. 12. 1992, p. 51).
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 49
ANNEX X
PIGMEAT
I. Council Regulation (EEC) No 2759/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 1) as last amended by Regulation (EEC) No 1249/89 (OJ No L 129, 11.5. 1989, p. 12).
1. The second subparagraph of Article 4 (1) is replaced by the following:
‘The basic price shall be fixed taking account, in particular, of the need
to fix this price at a level which contributes towards stabilizing market
prices without, however, leading to the formation of structural surplusesin the Community.’
2. Article 5 (2) is replaced by the following:
‘For products of standard quality other than pig carcases, buying-in
prices shall be derived from the buying-in price for pig carcases on thebasis of the ratio existing between the commercial value of these
products to the commercial value of pig carcases.’
3. The following point is added to Article 5 (4):
(d) fixing the coefficient expressing the ratio referred to in paragraph
2.’
4. Title II is replaced by the following:
‘TITLE II
Trade with third countries
Article 8
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 may be subject to presentation of an import
or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 11 and 13.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carriedout, or is carried out only partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 24.
Article 9
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1(1).
Article 10
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain productslisted in Article 1, imports of one or more of such products at the rate of
duty laid down in Article 10 shall be subject to payment of an additional
import duty if the conditions set out in Article 5 of the Agreement onAgriculture concluded in accordance with Article 228 of the Treaty inthe framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those which are forwarded by the Community to the World
Trade Organization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely toarise.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 50
Cif import prices shall be checked to that end, against the representative
prices for the product on the world market or on Community importmarket for that product.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment under consideration.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 30.
Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of that Agreement.
Article 11
1. Tariff quotas for the products listed in Article 1, resulting from
agreements concluded in the framework of the Uruguay Round ofmultilateral trade negotiations, shall be opened and administered inaccordance with detailed rules adopted under the procedure laid downin Article 24.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of
applications (“first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneousexamination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community market
and the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been appliedin the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary and whereappropriate for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 12
1. Where prices on the Community market rise significantly and
where that situation is likely to continue, thereby disturbing or
threatening to disturb that market, the measure provided for inparagraph 4 may be taken.
2. A significant rise in prices within the meaning of paragraph 1
exists when, following a general price rise in all Community regions,
the average price of pig carcases on the Community representativemarkets given in the Annex to Regulation (EEC) No 2123/89 is at ahigher level than the average of those prices established for the previousperiod of three marketing years, from 1 July to 30 June, adjusted ifnecessary on the basis of cyclical trends in the prices in question, withthe addition of the difference between that average and the average of
basic prices in force during the period under consideration, taking into
account any amendment of the basic price by comparison with the priceemerging from the average for the said period.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 51
3. The significant rise in prices is likely to continue within the
meaning of paragraph 1 when an imbalance between pigmeat supplyand demand exists and is likely to continue, particularly in view of:
(a) cyclical trends in the number of sows covered and in the prices for
piglets;
(b) surveys and estimates carried out pursuant to Directive 93/23/EEC
of 1 June 1993 on the statistical surveys to be carried out on pig
production;
(c) foreseeable trends in market prices for pig carcases.
4. Where the conditions listed in the previous paragraphs are met,
total or partial suspension of import duties may be decided on inaccordance with the procedure laid down in Article 24. Detailed rules
for the application of this Article shall, if necessary, be adopted in
accordance with the same procedure.
Article 13
1. To the extent necessary to enable the products listed in Article 1 to
be exported on the basis of quotations or prices for those products onthe world market and within the limits resulting from agreementsconcluded in accordance with Article 228 of the Treaty, the differencebetween those quotations or prices and prices in the Community may be
covered by export refunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, account being taken of the efficiency andstructure of Community exports without, however, creating
discrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) avoids any discrimination between the operators concerned.3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the world market situation or thespecific requirements of certain markets make this necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 24. Refunds shall be fixed at regular intervals, without recourse,however, to the tendering procedure.
The list of products on which an export refund is granted and the
amount of such refund shall be fixed at least once every three months.The amount of the refund may, however, remain at the same level formore than three months and may, where necessary, be adjusted in theintervening period by the Commission at the request of a Member Stateor on its own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and the future trend with regard to:
— prices and availabilities of pigmeat products on the Commu-
nity market,
— prices for pigmeat products on the world market;
(b) the need to avoid disturbances likely to cause a prolonged
imbalance between supply and demand on the Community market;
(c) the economic aspect of the proposed exports;(d) the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty.
When the refund is being fixed, particular account shall also be taken of
the need to establish a balance between the use of Community basic
products in the manufacture of processed goods for export to third
countries, and the use of third-country products brought in underprocessing arrangements.
When the refund on the products listed in Article 1 is being calculated,
account shall be taken of the difference between prices within theCommunity and prices on the world market for the quantity of feed!
B1994R3290 — EN — 01.07.1997 — 002.001 — 52
grain required for the production in the Community of one kilogram of
pigmeat, the coefficients referred to in Article 5 (2) also being takeninto account in the case of products other than pig carcases.
5. The Community price referred to in paragraph 1 shall be
established on the following basis:
(a) prices obtaining at the various stages of marketing in the
Community;
(b) prices obtaining for exports.
The world market prices referred to in paragraph 1 shall be established
on the following basis:
(a) prices obtaining on third-country markets;
(b) the most favourable prices in third countries of destination for
third-country imports;
(c) producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries; and
(d) free-at-Community-frontier offer prices.6. Refunds shall only be granted on application and on presentation
of the relevant export licence.
7. The refund applicable to exports of products listed in Article 1
shall be that applicable on the day of application for the licence and, inthe case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence, or, where appropriate;
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 24.
9. The refund shall be paid upon proof:— that the products have been exported from the Community,
— that the products are of Community origin, except where paragraph
10 applies, and
— that in the case of a differentiated refund the products have reached
the destination indicated on the licence or another destination forwhich the refund was fixed, without prejudice to paragraph 7 (b).Exceptions may be made to this rule in accordance with the
procedure laid down in Article 24, provided conditions are laid
down which offer equivalent guarantees.
10. No export refund shall be granted on products listed in Article 1
which are imported from third countries and re-exported to third
countries, unless the exporter proves:
— that the product to be exported and the product previously
imported are one and the same, and
— that all import duties were collected on importation.In such cases the refund on each product shall be equal to the duty
collected on importation where that duty is equal to or lower than therefund applicable; the refund shall be equal to the refund applicablewhere the duty collected on importation is higher than that refund.
11. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreement
on Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
12. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportable
quantities, shall be adopted in accordance with the procedure laiddown in Article 24.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 53
Article 14
1. To the extent necessary for the proper working of the common
organization of the market in pigmeat, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) ofthe Treaty on a proposal from the Commission, may, in special cases,
prohibit in whole or in part the use of inward processing arrangements
in respect of products listed in Article 1 which are intended for themanufacture of products listed in that Article.
2. In derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community marketis disturbed or is liable to be disturbed by the inward or outwardprocessing arrangements, the Commission shall, at the request of a
Member State or on its own initiative, decide upon the necessary
measures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which they
were notified. The Council, acting by a qualified majority, may
confirm, amend or repeal the Commission decision. If the Council hasnot acted within three months, the Commission decision shall bedeemed to have been repealed.
Article 15
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with third
countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 16
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of theobjectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threat
of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Arrticle 43 (2) of the Treaty,shall adopt the general rules for the application of this paragraph anddefine the cases in which and the limits within which Member Statesmay take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’!
B1994R3290 — EN — 01.07.1997 — 002.001 — 54
II. Council Regulation (EEC) No 2764/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 21), as last amended by Regulation (EEC) No 4160/87 (OJ No L 392,31. 12. 1987, p. 46).
Council Regulation (EEC) No 2765/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 23).
Council Regulation (EEC) No 2766/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 25), as last amended by Regulation (EEC) No 3906/87 (OJ No L 370,
30. 12. 1987, p. 11).
Council Regulation (EEC) No 2768/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 39).
Council Regulation (EEC) No 2769/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 43).
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 55
ANNEX XI
POULTRYMEAT
I. Council Regulation (EEC) No 2777/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 77), as last amended by Regulation (EEC) No 1574/93 (OJ No L 52,
24. 6. 1993, p. 1).
1. Articles 3 to 11 are replaced by the following:
‘Article 3
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (1) may be subject to presentation of animport or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 6 and 8.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carried
out, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 17.
Article 4
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1
(1).
Article 5
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of such products at the rate ofduty laid down in Article 10 shall be subject to payment of an additionalimport duty if the conditions set out in Article 5 of the Agreement onAgriculture concluded in accordance with Article 228 of the Treaty inthe framework of the Uruguay Round of multilateral trade negotiations
have been fulfilled unless the imports are unlikely to disturb the
Community market, or where the effects would be disproportionate tothe intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those notified by the Community to the World Trade
Organization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined specifically on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment in question.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community import
market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 17.
Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of that Agreement.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 56
Article 6
1. Tariff quotas for the products listed in Article 1 (1) resulting from
agreements concluded in the Uruguay Round of multilateral tradenegotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 17.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of
applications (“first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneousexamination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year if necessary, and, whereappropriate, for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 7
Where prices on the Community market rise significantly and where
that situation is likely to continue, thereby disturbing or threatening todisturb that market, appropriate measures may be taken.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for application of this Article.
Article 8
1. To the extent necessary to enable the products listed in Article 1
(1) to be exported on the basis of prices for those products on the worldmarket and within the limits resulting from agreements concluded inaccordance with Article 228 of the Treaty, the difference between thoseprices and prices in the Community may be covered by export refunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, account being taken of the efficiency andstructure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.3. Refunds shall be the same for the whole Community.They may vary according to destination, where the world market
situation or the specific requirements of certain markets make thisnecessary.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 57
Refunds shall be fixed in accordance with the procedure laid down in
Article 17. Refunds shall be fixed at regular intervals, without recourse,however, to the tendering procedure.
The list of products on which an export refund is granted and the
amount of such refund shall be fixed at least once every three months.The amount of the refund may, however, remain at the same level formore than three months and may, where necessary, be adjusted in theintervening period by the Commission at the request of a Member Stateor on its own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and the future trend with regard to:
— prices and availabilities of poultrymeat products on the
Community market,
— prices for poultrymeat products on the world market;
(b) the importance of avoiding disturbances likely to bring about a
prolonged imbalance between supply and demand on theCommunity market;
(c) the economic aspect of the proposed exports;(d) limits arising from agreements concluded in accordance with
Article 228 of the Treaty.
When the amount of the refund is set, account shall also be taken in
particular of the need to establish a balance between the use of
Community basic agricultural products for export as processed goods tothird countries, and the use of products from those countries admittedfor inward processing.
In addition, for the purpose of calculating the refund for the products
referred to in Article 1 (1), account shall be taken of the differencebetween Community and world market prices for the amount of feed-grains required to produce one kilogram of slaughtered poultry in theCommunity, allowing, in the case of products other than slaughteredpoultry, for the differences in the weight of the different products and/or
the average of their commercial values.
5. The Community price referred to in paragraph 1 shall be
established on the following basis:
(a) prices obtaining at the various stages of marketing in the
Community;
(b) prices obtaining for exports.
The world market prices referred to in paragraph 1 shall be established
on the following basis:
(a) the prices on third-country markets;
(b) the most favourable prices in third countries of destination for
third-country imports;
(c) producer prices recorded in exporting third countries, account
being taken, where appropriate, of subsidies granted by thosecountries;
(d) free-at-Community-frontier offer prices.
6. Refunds shall be granted only on application and on presentation
of the relevant export licence, except in this case of day-old chicks for
which a licence may be granted ex-post.
7. The refund applicable to exports of products listed in Article 1 (1)
shall be that applicable on the day of application for the licence and, in
the case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence or, where appropriate;
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 (1) on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 17.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 58
9. The refund shall be paid upon proof:
— that the products have been exported from the Community,
— that the products are of Community origin, except where paragraph
10 applies, and
— that, in the case of a differentiated refund, the products have
reached the destination indicated on the licence or another
destination for which a refund was fixed, without prejudice to
paragraph 7 (b). Exceptions may be made to this rule inaccordance with the procedure laid down in Article 17, providedconditions are laid down which offer equivalent guarantees.
10. No export refund shall be granted on products listed in Article 1
(1) which are imported from third countries and re-exported to thirdcountries, unless the exporter proves:
— that the product to be exported and the product previously
imported are one and the same, and
— that all import duties were collected on importation.In such cases the refund on each product shall be equal to the duty
collected on importation where that duty is equal to or lower than therefund applicable; the refund shall be equal to the refund applicablewhere the duty collected on importation is higher than that refund.
11. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreement
on Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
12. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated and unused quantities, shallbe adopted in accordance with the procedure laid down in Article 17.
Article 9
1. To the extent necessary for the proper working of the common
organization of the market in poultrymeat, the Council, acting in
accordance with the voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, may, in special cases,prohibit in whole or in part the use of inward or outward processingarrangements in respect of products listed in Article 1 (1) which areintended for the manufacture of products listed in Article 1 (1).
2. In derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community marketis disturbed or is liable to be disturbed by the inward or outwardprocessing arrangements, the Commission shall, at the request of a
Member State or on its own initiative, decide upon the necessary
measures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, may
confirm, amend or repeal the Commission decision. If the Council has
not acted within three months, the Commission decision shall bedeemed to have been repealed.
Article 10
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply to
the classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having equivalent effect to a customs
duty,!
B1994R3290 — EN — 01.07.1997 — 002.001 — 59
— the application of any quantitative restriction or measure having
equivalent effect.
Article 11
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (1) is affected by, or isthreatened with, serious disturbance likely to jeopardize the achieve-ment of the objectives set out in Article 39 of the Treaty, appropriate
measures may be applied in trade with third countries until such
disturbance or threat of disturbance has ceased.
The Council, acting on a Commission proposal in accordance with the
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt
the general rules for the application of this paragraph and define thecases in which and the limits within which Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of the
request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)
of the Treaty.’
2. Article 12 is deleted.
II. Council Regulation (EEC) No 2778/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 84), as last amended by Regulation (EEC) No 3714/92 (OJ No L 378,23. 12. 1992, p. 23).
Council Regulation (EEC) No 2779/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 90).
Council Regulation (EEC) No 2780/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 94).
The above Regulations are repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 60
ANNEX XII
EGGS, OV ALBUMIN AND LACTALBUMIN
A. EGGS
I. Council Regulation (EEC) No 2771/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 49), as last amended by Regulation (EEC) No 1574/93 (OJ No L 152,24. 6. 1993, p. 1).
1. Articles 3 to 11 are replaced by the following:
‘Article 3
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (1) "
C3may be subject 3 to
presentation of an import or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 6 and 8.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the term
of validity of the licence; except in cases of force majeure, the security
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 17.
Article 4
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1(1).
Article 5
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of such products at the rate of
duty laid down in Article 10 shall be subject to payment of an additionalimport duty if the conditions set out in Article 5 of the Agreement ofAgriculture concluded in accordance with Article 228 of the Treaty inthe framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb theCommunity market, or where the effects would be disproportionate to
the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those notified which are in conformity with the prices
notified by the Community to the World Trade Organization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined specifically on the basis of
imports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community importmarket for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 17.Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the said Agreement.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 61
Article 6
1. Tariff quotas for the products listed in Article 1 (1) resulting from
agreements concluded in the Uruguay Round of multilateral trade
negotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 17.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of
applications (first come, first served principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the simultaneousexamination method),
— method based on taking traditional trade patterns into account
(using the traditional/new arrivals method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year if necessary, and, whereappropriate, for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 7
Where prices on the Community market rise significantly and where
that situation is likely to continue, thereby disturbing or threatening todisturb that market, appropriate measures may be taken.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for application of this Article.
Article 8
1. To the extent necessary to enable the products listed in Article 1
(1) to be exported on the basis of prices for those products on the world
market and within the limits resulting from agreements concluded inaccordance with Article 228 of the Treaty, the difference between thoseprices and prices in the Community may be covered by export refunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of theresources available, account being taken of the efficiency andstructure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.3. Refunds shall be the same for the whole Community.They may vary according to destination, where the world market
situation or the specific requirements of certain markets make thisnecessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 17. Refunds shall be fixed at regular intervals without recourse,however, to the tendering procedure.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 62
The list of products on which an export refund is granted and the
amount of such refund shall be fixed at least once every three months.The amount of the refund may, however, remain at the same level formore than three months and may, where necessary, be adjusted in theintervening period by the Commission at the request of a Member Stateor on its own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and the future trend with regard to:
— prices and availabilities of egg-sector products on the
Community market,
— prices of egg-sector products on the world market;
(b) the need to avoid disturbances likely to lead to a prolonged
imbalance between supply and demand on the Community market;
(c) the economic aspect of the proposed exports;
(d) the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty.
When the amount of the refund is set, account shall also be taken in
particular of the need to establish a balance between the use ofCommunity basic agricultural products for export as processed goods tothird countries, and the use of products from those countries admitted
for inward processing.
Moreover, when the amount of the refund is calculated, account shall be
taken, in the case of the products listed in Article 1 (1), of the differencebetween the prices in the Community on the one hand and on the worldmarket on the other of the quantity of feed-grain needed in theCommunity to produce one kilogram of eggs in shell and having regard,
in the case of products other than eggs in shell, to the quantity of eggs in
shell used in the manufacture of such products and/or the average ratiobetween the commercial values of the egg constituents.
5. When prices in the Community referred to in paragraph 1 are
being determined account shall be taken of:
(a) prices obtaining at the various stages of marketing in the
Community;
(b) prices obtaining for exports.When prices on the world market referred to in paragraph 1 are being
determined, account shall be taken of:
(a) prices obtaining on third-country markets;
(b) the most favourable prices in third countries of destination for
third-country imports;
(c) producer prices recorded in exporting third countries, account
being taken where appropriate, of subsidies granted by thosecountries;
(d) free-at-Community-frontier offer prices.
6. Refunds on products listed in Article 1 (1) and exported without
further processing shall only be granted on application and onpresentation of the relevant export licence, except in the case of eggsfor hatching where a licence may be granted ex post.
7. The refund applicable to exports of products listed in Article 1 (1)
exported without further processing shall be that applicable on the dayof application for the licence and, in the case of a differentiated refund,that applicable on the same day for:
(a) the destination indicated on the licence, or where appropriate;(b) the actual destination if it differs from the destination indicated on
the licence. In that case, the amount applicable may not exceed the
amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be made to apply to products listed in
Article 1 (1) and exported in the form of goods listed in Annex I in
accordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 63
9. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 (1) on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 17.
10. The refund shall be paid upon proof that:— the products have been exported from the Community,— the products are of Community origin, except where paragraph 11
applies, and
— in the case of a differentiated refund, the products have reached the
destination for which the refund was fixed, without prejudice toparagraph 7 (b). Exceptions may be made to this rule inaccordance with the procedure laid down in Article 17, providedconditions are laid down which offer equivalent guarantees.
11. No export refund shall be granted on products listed in Article 1
(1) which are imported from third countries and re-exported to third
countries, unless the exporter proves that:
— the product to be exported and the product previously imported are
one and the same, and
— the levy was collected on importation.In such cases the refund on each product shall be equal to the levy
collected on importation where this levy is equal to or lower than the
refund applicable; the refund shall be equal to the refund applicablewhere the levy collected on importation is higher than this refund.
12. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreement
on Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
13. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated and unused quantities, shallbe adopted in accordance with the procedure laid down in Article 17.
Annex I shall be amended in accordance with the same procedure.
However, detailed rules for the application of paragraph 8 to theproducts referred to in Article 1 (1) exported in the form of goods listedin Annex I shall be adopted in accordance with the procedure laid downin Article 16 of Regulation (EC) No 3448/93.
Article 9
1. To the extent necessary for the proper working of the common
organization of the market in eggs, the Council, acting on a proposalfrom the Commission in accordance with the voting procedure laiddown in Article 43 (2) of the Treaty, may in special cases prohibit in
whole or in part the use of inward processing traffic in respect of:
— products listed in Article 1 (1) which are intended for the
manufacture of products listed in Article 1 (1) (b), and
— in special cases, products listed in Article 1 (1) which are intended
for the manufacture of goods listed in Annex I.
2. In derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community market
is disturbed or is liable to be disturbed by the inward processing
arrangements, the Commission shall, at the request of a Member Stateor on its own initiative, decide upon the necessary measures; theCouncil and the Member States shall be notified of such measures,which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from a
Member State, it shall take a decision thereon within a week following
receipt of the request.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which theywere notified. The Council, acting by a qualified majority, mayconfirm, amend or repeal the Commission decision. If the Council hasnot acted within three months, the Commission decision shall be
deemed to have been repealed.
Article 10
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply to
the classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 64
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 11
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (1) is affected by, or isthreatened with, serious disturbance likely to jeopardize the achieve-
ment of the objectives set out in Article 39 of the Treaty, appropriate
measures may be applied in trade with third countries until suchdisturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for the application of this paragraph and shalldefine in what cases and within what limits Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take a
decision thereon within three working days following receipt of the
request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)
of the Treaty.’
2. Article 12 is deleted.
II. Council Regulation (EEC) No 2773/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 64), as last amended by Regulation (EEC) No 4155/87 (OJ No L 392,31. 12. 1987, p. 29).
Council Regulation (EEC) No 2774/75 of 29 October 1975 (OJ No L 282, 1. 11.
1975, p. 68).
Council Regulation (EEC) No 2775/75 of 1 October 1975 (OJ No L 282, 1. 11.
1975, p. 72).
The above Regulations are repealed.
B. OV ALBUMIN AND LACTALBUMIN
Council Regulation (EEC) No 2783/75 of 29 October 1975 (OJ No L 282, 1. 11. 1975,
p. 104), as last amended by Regulation (EEC) No 4001/87 (OJ No L 377, 31. 12. 1987,
p. 44).
1. The introductory sentence in Article 1 is replaced by the following:
‘Unless this Regulation provides otherwise, the rates of duty in the Common
Customs Tariff shall apply to the following products:’.
2. Article 2 is replaced by the following:
‘Article 2
1. Imports into the Community, of any of the products listed in Article 1
"
C3may be subject 3to presentation of an import licence.
Licences shall be issued by the Member States to any applicant, irrespective of
his place of establishment in the Community and without prejudice to measures
taken for the application of Article 4.
Import licences shall be valid throughout the Community. Such licences shall be
issued subject to the lodging of a security guaranteeing that the products are
imported during the term of validity of the licence; except in cases of forcemajeure, the security shall be forfeited on whole or in part if import is notcarried out, or is only carried out partially, within that period.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 65
2. The term of validity of licences and other detailed rules for the application
of this Article shall be adopted in accordance with the procedure laid down inArticle 17 of Regulation (EEC) No 2771/75.’
3. Article 3 is replaced by the following:
‘Article 3
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in Article
1, imports of one or more of such products at the rate of duty laid down inArticle 10 shall be subject to payment of an additional import duty if theconditions set out in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 228 of the Treaty in the framework of the UruguayRound of multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effects would be
disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed shall be
those notified by the Community to the World Trade Organization.
The trigger volumes to be exceeded in order to have the additional import duty
imposed shall be determined particularly on the basis of imports into theCommunity in the three years preceding the year in which the adverse effectsreferred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an additional
import duty shall be determined on the basis of the cif import prices of theconsignment under consideration.
Cif import prices shall be checked to that end against the representative prices
for the product on the world market or on the Community import market for that
product.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 17 of Regulation(EEC) No 2771/75. Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied under the
terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.’
4. Article 4 is replaced by the following:
‘Article 4
1. Tariff quotas for the products listed in Article 1 resulting from agreements
concluded in the framework of the Uruguay Round of multilateral tradenegotiations shall be opened and administered in accordance with detailed rulesadopted under the procedure laid down in Article 17 of Regulation (EEC) No
2771/75.
2. Quotas shall be administered by applying one of the following methods or
a combination of them:
— method based on chronological order of the lodging of applications (first
come, first served principle),
— method of distribution in proportion to the quantities requested when the
applications were lodged (using the simultaneous examination method),
— method based on taking traditional trade patterns into account (using the
traditional/new arrivals method).
Other appropriate methods may be adopted.They must avoid any discrimination between the operators concerned.3. Compliance with the limits on volumes arising from agreements concluded
in accordance with Article 228 of the Treaty shall be ensured on the basis of theexport certificates issued for the reference periods provided for therein andapplicable to the products concerned. With regard to compliance with theobligations arising under the Agreement on Agriculture, the ending of a
reference period shall not affect the validity of export licences.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, if necessary to be opened and, whereappropriate, for:
(a) guarantees covering the nature, provenance and origin of the product;(b) recognition of the document used for verifying the guarantees referred to in
(a); and!
B1994R3290 — EN — 01.07.1997 — 002.001 — 66
(c) the conditions under which import licences are issued and their term of
validity.’
5. Article 5 is replaced by the following:
‘Article 5
Where prices on the Community market rise significantly and where that
situation is likely to continue, thereby disturbing or threatening to disturb that
market, appropriate measures may be taken.
The Council, acting in accordance with the procedure laid down in Article 43 of
the Treaty, shall, if necessary, adopt detailed rules for the application of this
Article.’
6. Article 7 is replaced by the following:
‘Article 7
1. To the extent necessary for the proper working of the common
organization of the market in eggs and this Regulation, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) of the Treaty
on a proposal from the Commission, may, in special cases, prohibit in whole or
in part the use of inward processing arrangements in respect of products listedin Article 1 which are intended for the manufacture of products listed in thatArticle.
2. In derogation from paragraph 1, if the situation referred to in paragraph 1
arises with exceptional urgency and the Community market is disturbed or isliable to be disturbed by the inward processing arrangements, the Commissionshall, at the request of a Member State or on its own initiative, decide upon thenecessary measures; the Council and the Member States shall be notified ofsuch measures, which shall be valid for no more than six months and shall be
immediately applicable. If the Commission receives a request from a Member
State, it shall take a decision thereon within a week following receipt of therequest.
3. Measures decided on by the Commission may be referred to the Council by
any Member State within a week of the day on which they were notified. TheCouncil, acting by a qualified majority, may confirm, amend or repeal theCommission decision. If the Council has not acted within three months, theCommission decision shall be deemed to have been repealed.’
7. Article 8 is replaced by the following:
‘Article 8
1. The general rules for the interpretation of the combined nomenclature and
the special rules for its application shall apply to the classification of productscovered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall be incorporated in the Common CustomsTariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equivalent
effect.’!
B1994R3290 — EN — 01.07.1997 — 002.001 — 67
ANNEX XIII
FRUIT AND VEGETABLES
I. Council Regulation (EEC) No 1035/72 of 18 May 1972 (OJ No L 118, 20. 5.
1972, p. 1), as last amended by Regulation (EC) No 3669/93 (OJ No L 338, 31.12. 1993, p. 26)
Title IV shall be replaced by the following:
‘TITLE IV
Trade with third countries
Article 22
1. Imports into the Community, or exports therefrom, of any of the products
listed in Article 1 (2) shall be subject to presentation of an import or exportlicence.
Licences shall be issued by the Member States to any applicant, irrespective of
his place of establishment in the Community and without prejudice to measurestaken for the application of Articles 25 and 26.
Import and export licences shall be valid throughout the Community; such
licences shall be issued subject to the lodging of a security guaranteeing that theproducts are imported or exported during the term of validity of the licence;
except in cases of force majeure, the security shall be forfeited in whole or in
part if import or export is not carried out, or is only carried out partially, withinthat period.
2. The term of validity of licences and other detailed rules for the application
of this Article shall be adopted in accordance with the procedure laid down inArticle 33.
Article 23
1. Save as otherwise provided for in this Regulation, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1 (2).
2. Should the application of the rates of duty in the Common Customs Tariff
depend on the entry price of the imported consignment, the veracity of this priceshall be checked using a flat-rate import value calculated by the Commissiondepending on the origin and product on the basis of the weighted average pricesfor the products in question on Member States’ representative import markets oron other markets where applicable.
3. Where the declared entry price of the consignment in question is higher
than the flat-rate import value, increased by a margin set in accordance withparagraph 5 which may not exceed the flat-rate value by more than 10 %, the
lodging of a security equal to the import duties determined on the basis of the
flat-rate import value shall be required.
4. If the entry price of the consignment in question is not declared at the time
of customs clearance, the application of the rates of duty in the Common
Customs Tariff depends on the flat-rate import value or the application of therelevant provisions of customs legislation under conditions to be determined inaccordance with paragraph 5.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 33.
Article 24
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in Article1, imports of one or more of such products at the rate of duty laid down inArticle 10 shall be subject to payment of an additional import duty if theconditions set out in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 228 of the Treaty in the framework of the Uruguay
Round of multilateral trade negotiations have been fulfilled unless the imports
are unlikely to disturb the Community market, or where the effects would bedisproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed shall be
those notified by the Community to the World Trade Organization.
The trigger volumes to be exceeded in order to have the additional import duty
imposed shall be determined particularly on the basis of imports into the
Community in the three years preceding the year in which the adverse effectsreferred to in paragraph 1 arise or are likely to arise.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 68
3. The import prices to be taken into consideration for imposing an additional
import duty shall be determined on the basis of the cif import prices of theconsignment under consideration.
The cif import prices shall be checked to that end on the basis of the
representative prices for the product in question on the world market or on the
Community import market for the product.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 33. Such detailed
rules shall specify in particular:
(a) the products to which additional import duties may be applied pursuant to
Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in accordance
with Article 5 of the Agreement on Agriculture.
Article 25
1. Tariff quotas for the products listed in Article 1 (2) resulting from
agreements concluded in the framework of the Uruguay Round of multilateraltrade negotiations shall be opened and administered in accordance with detailed
rules adopted under the procedure laid down in Article 33.
2. Quotas may be administered using one of the following methods or by a
combination thereof:
— method based on the order in which applications are submitted (on a “first
come, first served’’ basis);
— method allocating quotas in proportion to the quantities requested when
applications are submitted (using the “simultaneous examination’’
method),
— method based on traditional trade flows (using the “traditional/new
arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid discrimination between the operators concerned.
3. The management method shall take account, where appropriate, of supply
needs on the Community market and the need to safeguard balance on thatmarket, and may draw on methods applied in the past to quotas corresponding tothose referred to in paragraph 1, without prejudice to any levies arising fromagreements concluded in the course of the Uruguay Round of tradenegotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, if necessary, shall determine theadministrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the product;
(b) recognition of the document used for verifying the guarantees referred to in
(a); and
(c) the conditions under which import licences are issued and their term of
validity.
Article 26
1. To the extent necessary to enable economically significant quantities of the
products listed in Article 1 (2) to be exported on the basis of the prices of theseproducts in international trade and within the limits resulting from agreements
concluded in accordance with Article 228 of the Treaty, the difference between
those prices and prices in the Community may be covered by export refunds.
2. The method to be adopted for the allocation of the quantities which may be
exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the market
in question, allowing the most efficient possible use of the resourcesavailable and taking account of the efficiency and structure of Communityexports without, however, creating discrimination between large and smalloperators;
(b) is least cumbersome administratively for operators, taking account of
administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 69
Where the international trade situation or the specific requirements of certain
markets make this necessary, the refund for a given product may vary accordingto the destination of the product.
Refunds shall be fixed in accordance with the procedure laid down in Article
33. Refunds shall be fixed at regular intervals.
Refunds fixed at regular intervals may, where necessary, be adjusted in the
intervening period by the Commission at the request of a Member State or on its
own initiative.
4. The following shall be taken into account when refunds are being fixed:(a) the existing situation and future trends with regard to:
— prices and availabilities of fruit and vegetables on the Community
market,
— prices for fruit and vegetables in international trade;
(b) marketing costs and the minimum transport charges from Community
markets to ports and other points of export in the Community, as well as
costs incurred in placing goods on the market of the country of destination;
(c) the economic aspect of the proposed exports;(d) limits resulting from agreements concluded in accordance with Article 228
of the Treaty
5. When prices on the Community market referred to in paragraph 1 are
being determined the prices which are most favourable from the exportationpoint of view shall be taken into account.
When the world market prices referred to in paragraph 1 are being determined
particular account shall be taken of:
(a) prices recorded on third-country markets;(b) the most favourable prices in third countries of destination for third-
country imports;
(c) producer prices recorded in exporting third countries;(d) free-at-Community-frontier offer prices.6. Refunds shall only be granted on application and on presentation of the
relevant export licence.
7. The refund applicable to exports of products listed in Article 1 (2) shall be
that applicable on the day of application for the licence and, in the case of a
differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence; or(b) for the actual destination if it differs from the destination indicated on the
licence. In that case, the amount applicable may not exceed the amountapplicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed in Article
1 (2) on which refunds are paid under food-aid operations, in accordance with
the procedure laid down in Article 33.
9. The refund shall be paid upon proof:
— that the products have been exported from the Community,— that the products are of Community origin, and— that, in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for which arefund was fixed, without prejudice to paragraph 7 (b). Exceptions may be
made to this rule in accordance with the procedure laid down in Article 33,
provided conditions are laid down which offer equivalent guarantees.
10. Compliance with the limits on volumes arising from agreements concluded
in accordance with Article 228 of the Treaty shall be ensured on the basis of theexport certificates issued for the reference periods provided for therein andapplicable to the products concerned. With regard to compliance with theobligations arising under the Agreement on Agriculture, the ending of a
reference period shall not affect the validity of export licences.
11. Detailed rules for the application of this Article, including provisions for
the redistribution of exportable quantities not allocated or not used, shall beadopted "
C2in accordance with the procedure laid down in Article 33. 3!B1994R3290 — EN — 01.07.1997 — 002.001 — 70
Article 27
1. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited when importing the
products listed in Article 1 (2) from third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equivalent
effect.
2. The general rules for the interpretation of the combined nomenclature and
the special rules for its application shall apply to the classification of productscovered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall be incorporated in the Common CustomsTariff.
Article 28
1. Appropriate measures may be taken when trading with third countries if,
by reason of imports or exports, the Community market in one or more of the
products listed in Article 1 (2) is affected by, or is threatened with, serious
disturbance likely to jeopardize the achievement of the objectives set out inArticle 39 of the Treaty,
Such measures may be applied only until, depending on the case, the
disturbance or threat of disturbance has ceased or the quantities withdrawn or
bought in have diminished appreciably.
The Council, acting on a proposal from the Commission in accordance with the
procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules
for application of this paragraph and shall define in what cases and within whatlimits Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,which shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within three working daysfollowing receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they werenotified. The Council shall meet without delay. It may, acting by a qualifiedmajority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’
II. Council Regulation (EEC) No 2518/69 of 9 December 1969 (OJ No L 318, 18.
12. 1969, p. 17), as last amended by Regulation (EEC) No 2455/72 (OJ No L266, 14. 11. 1972, p. 7)
Council Regulation (EEC) No 2707/72 of 19 December 1972 (OJ No L 291, 28.
12. 1972, p. 3)
Council Regulation (EEC) No 1200/88 of 28 April 1988 (OJ No L 115, 3. 5.
1988, p. 7), as last amended by Regulation (EEC) No 3821/90 (OJ No L 366,29. 12. 1990, p. 45)
The above Regulations shall be repealed.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 71
ANNEX XIV
PROCESSED FRUIT AND VEGETABLES
I. Council Regulation (EEC) No 426/86 of 24 February 1986 ( OJ No L 49, 27. 2.
1986, p. 1), as last amended by Regulation (EC) No 1490/94 (OJ No L 161, 29.
6. 1994, p. 13)
1. Title II is replaced by the following:
‘TITLE II
Trade with third countries
Article 9
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (1) may be subject to presentation of animport or export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 12, 13, 14and 14a.
Import and export licences shall be valid throughout the Community.
The issue of such licences may be subject to the lodging of a security
guaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure, the securityshall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 22.
Article 10
1. Unless this Regulation otherwise, the rats of duty in the Common
Customs Tariff shall apply to the products listed in Article 1 (1).
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 22.
Article 10a
1. A minimum import price for the 1995, 1996, 1997, 1998 and 1999
marketing years shall be fixed for the products listed in Part B of Annex
I. The minimum import price shall be determined having regard in
particular to:
— the free-at-frontier prices on import into the Community,
— the prices obtaining on world markets,
— the situation on the internal Community market,
— the trend of trade with third countries.
Where the minimum import price is not observed, a countervailing
charge in addition to customs duty shall be imposed, based on the prices
of the main supplier third countries.
2. The minimum import price for dried grapes shall be fixed before
the beginning of the marketing year.
A minimum import price shall be fixed for currants and for other dried
grapes. For each of the two groups of products, the minimum importprice may be fixed for products in immediate packing of a net weight tobe determined and for products in immediate packing of a net weightexceeding that weight.
3. The minimum import price for processed cherries shall be fixed
before the beginning of the marketing year. The price may be fixed forproducts in immediate packing of a determined net weight.
4. The minimum import price to be observed for dried grapes shall be
that applicable on the day of importation. The countervailing charge tobe levied, if any, shall be that which is applicable on the same day.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 72
5. The minimum price to be observed for import of
"C2 3 processed cherries shall be that applicable
on the day of acceptance of entry for free circulation.
6. Countervailing charges for dried grapes shall be fixed by reference
to a scale of import prices. The difference between the minimum importprice and each step of the scale shall be:
— 1 % of the minimum price for the first step,— 3, 6 and 9 %, respectively, of the minimum price for the second,
third and fourth steps.
The fifth step of the scale shall cover all cases where the import price is
lower than that applied for the fourth step.
The maximum countervailing charge to be fixed for dried grapes shall
not exceed the difference between the minimum price and an amount
determined on the basis of the most favourable prices applied on the
world market for significant quantities by the most representative non-member countries.
7. Where the import price for "
C2 3processed
cherries is less than the minimum price for those products, acountervailing charge equal to the difference between those pricesshall be levied.
8. The minimum import price, the amount of the countervailing
charge and the other rules for the implementation of this Article shall beadopted in accordance with the procedure laid down in Article 22.
Article 11c
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1, imports of one or more of such products at the rate of
duty laid down in Article 10 shall be subject to payment of an additionalimport duty if the conditions set out in Article 5 of the Agreement onAgriculture concluded in accordance with Article 228 of the Treaty inthe framework of the Uruguay Round of multilateral trade negotiationshave been fulfilled unless the imports are unlikely to disturb the
Community market, or where the effects would be disproportionate to
the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those forwarded by the Community to the World Trade
Organization in accordance with its offer tabled during the UruguayRound of multilateral negotiations.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined particularly on the basis ofimports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likely toarise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment in question.
The cif import prices shall be verified for this purpose on the basis of
representiative prices for the product in question on the world market oron the Community import market for the product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 22.Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
under the terms of Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on Agriculture.
Article 12
1. Tariff quotas for the products listed in Article 1 (1) resulting from
agreements concluded in the framework of the Uruguay Round of
multilateral trade negotiations shall be opened and administered in
accordance with detailed rules adopted under the procedure laid downin Article 22.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 73
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on chronological order of the lodgment of
applications (“first come, first served’’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the “simultaneousexamination’’ method),
— method based on taking traditional trade patterns into account
(using the “traditional/new arrivals’’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied
in the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, shall determine the
administrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the
product,
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their
term of validity.
Article 13
1. To the extent necessary to enable export of:
(a) economically significant quantities of the products without added
sugar referred to in Article 1 (1);
(b) white and raw sugar falling with CN code 1701,
— glucose and glucose syrup falling within CN codes
1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99 and1702 40 90,
— isoglucose falling within CN codes 1702 30 10, 1702 40 10,
1702 60 10 and 1702 90 30, and
— beet and cane syrups falling within CN code 1702 90 90,used in the products listed in Article 1 (1) (b),
on the basis of prices for those products in international trade and
within the limits resulting from agreements concluded inaccordance with Article 228 of the Treaty, the difference betweenthose prices and prices in the Community may be covered byexport refunds.
2. The method to be adopted for the allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available and having regard to the effectiveness andstructure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, taking account
of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.
Where the situation in international trade or the specific requirements
of certain markets make this necessary, the refund on a given productmay be varied according to destination.
Refunds shall be fixed in accordance with the procedure laid down in
Article 22. Refunds shall be fixed at regular intervals.!
B1994R3290 — EN — 01.07.1997 — 002.001 — 74
Refunds fixed at regular intervals, may, if necessary, be amended in the
interval by the Commission at the request of a Member State or on itsown initiative.
4. Refunds shall only be granted on application and on presentation
of the relevant export licence.
5. The refund applicable to exports shall be that applicable on the day
of application for the licence and, in the case of a differentiated refund,that applicable on the same day:
(a) for the destination indicated on the licence; or(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceed
the amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
6. Paragraphs 4 and 5 may be waived in the case of products on which
refunds are paid under food-aid operations, in accordance with theprocedure laid down in Article 22.
7. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periods
provided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.
8. Detailed rules for the application of this Article, including
provisions on redistribution of unallocated or unused exportablequantities, shall be adopted in accordance with the procedure laiddown in Article 22.
Article 14
1. This Article shall apply to the refunds referred to in Article 13 (1)
(a).
2. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and future trends with regard to:
— prices and availability on the Community market of products
processed from fruit and vegetables,
— prices ruling in international trade;
(b) minimum marketing and transport costs from the Community
markets to ports or other points of export in the Community, as
well as costs of shipment to the countries of destination;
(c) the economic aspect of the proposed exports;(d) limits resulting from the agreements concluded in accordance with
Article 228 of the Treaty.
3. When prices on the Community market are being determined for
the products referred to in Article 13 (1) (a), account shall be taken ofthe ruling prices which are most favourable from the point of view ofexportation.
The following shall be taken into account when prices in international
trade are being determined:
(a) prices ruling on third-country markets;(b) the most favourable prices in third countries of destination for
imports from third countries;
(c) producer prices recorded in exporting third countries;(d) offer prices at the Community frontier.4. The refund shall be paid upon proof that:
— the products have been exported from the Community,
— the products are of Community origin, and— in the case of a differentiated refund the products have reached the
destination indicated on the licence or another destination for
which the refund was fixed, without prejudice to Article 13 (5) (b).However, exceptions may be made to this rule in accordance with!
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the procedure laid down in Article 22, provided conditions are laid
down which offer equivalent guarantees.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 22.
Article 14a
1. This Article shall apply to the refunds referred to in Article 13 (1)
(b).
2. The amount of the refund shall equal:
— for raw sugar, white sugar and beet and cane syrup, the amount of
the export refund for such products in the unprocessed state, fixedin accordance with Article 17 of Council Regulation (EEC) No1785/81 of 30 June 1981 on the common organization of themarkets in the sugar sector and its implementing provisions,
— for isoglucose, the amount of the export refund for that product in
its unprocessed state, fixed in accordance with Article 17 ofRegulation (EEC) No 1785/81 and its implementing provisions,
— for glucose and glucose syrup, the amount of the export refund for
such products in their unprocessed state, fixed for each of thoseproducts in accordance with Article 13 of Council Regulation(EEC) No 1766/92 of 30 June 1992 on the common organizationof the markets in cereals, and its implementing provisions.
3. In order to benefit from the refund, processed products must be
accompanied, upon export, by a declaration from the applicant statingthe quantities of raw and white sugar and beet and cane syrups,isoglucose, glucose and glucose syrup used in manufacture.
The accuracy of the declaration referred to in the first paragraph shall
be subject to checking by the competent authorities of the MemberStates concerned.
4. If the refund is insufficient to allow export of the products listed in
Article 1 (1) (b), the provisions laid down for the refund referred to inArticle 13 (1) (a) shall apply to those products instead of those inArticle 13 (1) (b).
5. The refund shall be granted on exports of products:
(a) which are of Community origin;
(b) which have been imported from third countries and on which the
import duties referred to in Article 10 have been paid, provided theexporter proves:
— that the product to be exported and the product previously
imported are one and the same, and
— that the import duties where collected on importation.
In the case covered by subparagraph (b), the refund on each
product shall be equal to the duties collected on importation wherethe latter are lower than the refund applicable; where the duties
collected on importation are higher than that refund, the latter shall
apply.
6. The refund shall be paid upon proof that:
— the products fulfil either of the two conditions set out in the
preceding paragraph,
— the products have been exported from the Community, and
— in the case of a differentiated refund the products have reached the
destination indicated on the licence or another destination forwhich the refund was fixed, without prejudice to Article 13 (5) (b).
However, exceptions may be made to this rule in accordance with
the procedure laid down in Article 22, provided conditions are laiddown which offer equivalent guarantees.
7. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 22.
Article 15
1. To the extent necessary for the proper working of the common
organization of the markets in cereals, sugar and fruit and vegetables,the Council, acting in accordance with the voting procedure laid downin Article 43 (2) of the Treaty on a proposal from the Commission, may,!
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in particular cases, prohibit in whole or in part the use of inward
processing arrangements in respect of:
— the products referred to in Article 13 (1) (b), and
— fruit and vegetables,
intended for the manufacture of the products listed in Article 1 (1).2. However, by way of derogation from paragraph 1, if the situation
referred to in paragraph 1 arises with exceptional urgency and the
Community market is disturbed or is liable to be disturbed by the
inward processing arrangements, the Commission shall, at the requestof a Member State or on its own initiative decide upon the necessarymeasures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shall beimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week following
receipt of the request.
3. The Commission’ s decision may be referred to the Council by any
Member State within a week of the day on which it was notified. TheCouncil, acting by a qualified majority, may confirm, amend or repealthe Commission’ s decision. If the Council has not acted within three
months, the Commission’ s decision shall be deemed to have been
repealed.
Article 16
1. Where pursuant to Article 20 of Regulation (EEC) No 1785/81 a
levy exceeding ECU 5 per 100 kilograms is charged on exports of white
sugar, the imposition of a charge on exports of the products specified in
Article 1 (1) containing a minimum of 35 % added sugar may bedecided in accordance with the procedure laid down in Article 22.
2. The amount of the export charge shall be fixed taking into
account:
— the nature of the product processed from fruit of vegetables which
contains added sugar,
— the added sugar content of the product in question,
— the prices of white sugar in the Community and on the world
market,
— the export levy applicable to white sugar,— the economic implications of applying the said charge.
3. The added sugar content shall be considered to be given by the
figure shown against the product in question in column 1 of Annex IIIto this Regulation.
However, at the request of the exporter, if the added sugar content per
100 kilograms net weight of product, established in accordance with
paragraph 4, is two kilograms or more below the content expressed bythe figure for the product in question appearing in column 1 of AnnexIII, the content established in accordance with paragraph 4 shall beused.
4. The added sugar content of the products listed in Annex III shall be
considered to mean the reading obtained by using a refractometer,
multiplied by 0,93 in the case of products falling within CN code 2008,excluding CN codes 2008 11 10, 2008 91 00, 2008 99 85 and2008 99 91, and by 0,95 in the case of other products listed in AnnexIII and reduced by the figure for the product in question appearing incolumn 2 of Annex III.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 22.
Article 17
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply to
the tariff classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.!
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2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade withthird countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 18
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (1) is affected by, or isthreatened with, serious disturbance likely to jeopardize the achieve-ment of the objectives set out in Article 39 of the Treaty, appropriatemeasures may be applied in trade with third countries until suchdisturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for application of this paragraph and shall
determine the cases in which and limits within which Member States
may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If theCommission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
2. Annexes II and IV are deleted.
II. Council Regulation (EEC) No 518/77 of 14 March 1977 (OJ No L 73, 21. 3.
1977, p. 22)
Council Regulation (EEC) No 519/77 of 14 March 1977 (OJ No L 73, 21. 3.
1977, p. 24)
Council Regulation (EEC) No 520/77 of 14 March 1977 (OJ No L 73, 21. 3.
1977, p. 26)
Council Regulation (EEC) No 521/77 of 14 March 1977 (OJ No L 73, 21. 3.
1977, p. 28)
Council Regulation (EEC) No 1796/81 of 30 June 1981 (OJ No L 183, 4. 7.
1981) as last amended by Regulation (EEC) No 1122/92 (OJ No L 117, 1. 5.1992, p. 98)
Council Regulation (EEC) No 2089/85 of 23 July 1985 (OJ No L 197, 27. 7.
1985, p. 10)
Council Regulation (EEC) No 3225/88 of 17 October 1988 (OJ No L 288, 21.
10. 1988, p. 11)
Council Regulation (EEC) No 1201/88 of 28 April 1988 (OJ No L 115, 3. 5.
1988, p. 9), as last amended by Regulation (EEC) No 2781/90 (OJ No L 265,28. 9. 1990, p. 3)
The above Regulations are repealed.!
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ANNEX XV
BANANAS
Council Regulation (EEC) No 404/93 of 13 February 1993 (OJ No L 47, 25. 2. 1993, p.
1), as last amended by Regulation (EC) No 3518/93 (OJ No L 320, 22. 12. 1993, p. 15)
1. Article 15 is replaced by the following:
‘Article 15
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1 (2).
2. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in Article1, imports of one or more of such products at the rate of duty laid down inArticle 10 shall be subject to payment of an additional import duty if the
conditions set out in Article 5 of the Agreement on Agriculture concluded in
accordance with Article 228 of the Treaty in the framework of the UruguayRound of multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effects would bedisproportionate to the intended objective.
3. The trigger prices below which an additional import duty may be imposed
shall be those notified by the Community to the World Trade Organization.
The trigger volumes which must be exceeded for an additional import duty to be
imposed shall be determined in particular on the basis of Community importsover the three years preceding the year in which the adverse effects referred toin paragraph 2 have occurred or are likely to occur.
4. The import prices to be taken into account for the imposition of an
additional import duty shall be determined on the basis of the cif import prices
of the shipment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market or on theCommunity import market for the product
5. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 27. Such detailedrules shall specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in accordance
with Article 5 of the said Agreement.’
2. The following Article is inserted:
‘Article 15a
Articles 15a to 20 inclusive of this Title shall apply only to fresh products
falling within CN code ex 0803, excluding plantains.
For the purposes of this Title:(a) “traditional imports from ACP States’’ means the quantities of bananas set
out in the Annex exported by each ACP State which has traditionally
exported bananas to the Community; such bananas shall be referred to as
“traditional ACP bananas’’;
(b) “non-traditional imports from ACP States’’ means the quantities of
bananas exported by the ACP States which exceed the quantity defined in1; such bananas shall be referred to as “non-traditional bananas’’;
(c) “imports from non-ACP third countries’’ means quantities exported by
other third countries; such bananas shall be referred to as “third-country-bananas’’;
(d) “Community bananas’’ means bananas produced in the Community;(e) “to market’’ and “marketing’’ mean placing on the market, not including
making the product available to the final consumer.’
3. In Article 17, the second paragraph is replaced by the following:
‘Import licences shall be valid throughout the Community. Save where
derogations are adopted under the procedure laid down in Article 27, such
licences shall be issued subject to the lodging of a security guaranteeing that theproducts are imported in compliance with this Regulation, during the term of!
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validity of the licence; save in cases of force majeure, the security shall be
forfeited in whole or in part if import is not carried out, or is only carried outpartially, within that period.’
4. Article 18 is replaced by the following:
‘Article 18
1. A tariff quota of 2,2 million tonnes (net weight) shall be opened each year
for imports of third-country bananas and non-traditional ACP bananas.
Within the framework of the tariff quota, imports of third-country bananas shall
be subject to a levy of ECU 75 per tonne and imports of non-traditional ACP
bananas shall be subject to a zero duty.
For 1994, the tariff quota shall be 2,1 million tonnes (net weight).
Where Community demand determined on the basis of the supply balance
referred to in Article 16 increases, the volume of the quota shall be increased inconsequence, in accordance with the procedure laid down in Article 27. Anysuch adjustment shall be made before 30 November preceding the marketing
year concerned.
2. By derogation from Article 15 (1), non-traditional ACP bananas imported
outside the tariff quota referred to in paragraph 1 of this Article shall be subjectto a customs duty per tonne equal to the duty referred to in Article 15 (1), less
ECU 100.
3. The quantities of third-country bananas and non-traditional ACP bananas
re-exported from the Community shall not be charged to the quota referred to in
paragraph 1.
4. The amounts referred to in this Article shall be converted into national
currency at the rate applicable to the products concerned in connection with theCommon Customs Tariff.’
5. The following indents are added to Article 20:
‘ — measures guaranteeing the provenance and origin of bananas imported
within the tariff quota provided for in Article 18 (1),
— measures necessary to fulfil obligations arising from agreements
concluded by the Community in accordance with Article 288 of theTreaty.’
6. Article 22 is replaced by the following:
‘Article 22
The general rules for the interpretation of the combined nomenclature and the
special rules for its application shall apply to the classification of productscovered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall be incorporated in the Common CustomsTariff.’
7. Article 23 is replaced by the following:
‘Article 23
1. If, by reason of imports or exports, the Community market in one or more
of the products listed in Article 1 is affected by, or is threatened with, seriousdisturbance likely to jeopardize the achievement of the objectives set out inArticle 39 of the Treaty, appropriate measures may be taken in trade with third
countries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general
rules for the application of this paragraph and shall determine the cases in and
limits within which Member States may take interim protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon the
necessary measures; the Member States shall be notified of such measures,
which shall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within three working daysfollowing receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they werenotified. The Council shall meet without delay. It may, acting by a qualifiedmajority, amend or annul the measure in question.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 27.!
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5. This Article shall be applied having regard to the obligations arising from
international agreements concluded in accordance with Article 228 (2) of theTreaty.’!
B1994R3290 — EN — 01.07.1997 — 002.001 — 81
ANNEX XVI
WINE
I. Coucil Regulation (EEC) No 822/87 of 16 March 1987 (OJ No L 84, 27. 3.
1987, p. 1), as last amended by Regulation (EEC) No 1891/94 (OJ No L 197,
30. 7. 1994, p. 42)
1. Title IV is replaced by the following:
‘TITLE IV
Trade with third countries
Article 52
1. Imports into the Community of any of the products listed in Article 1
(2) (a) and (b) shall be subject to presentation of an import licence. Importsinto the Community of any other products listed in Article 1 (2) andexports from the Community of any products listed in Article 1 (2) may be
subject to presentation of an import or export licence.
2. Licences shall be issued by Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 55 and 56.
Licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security
guaranteeing that the products are imported or exported during the term ofvalidity of the licence; save in cases of force majeure, the security shall beforfeited in whole or in part if import or export is not carried out, or is only
carried out partially, within that period.
3. The following shall be adopted in accordance with the procedure laid
down in Article 83:
(a) the list of products in respect of which import or export licences are
required;
(b) the term of validity of the licences and other detailed rules for the
application of this Article.
Article 53
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
"
C12. For musts falling within CN codes 2009 60 and 2204 30 3for
which application of the duties in the Common Customs Tariff depends onthe import price of the product imported, the accuracy of that price shall bechecked by means of a flat-rate import value calculated by the Commission
depending on the origin and product on the basis of the weighted average
prices for the products in question on Member States’ representativeimport market or on other markets where applicable.
Where the declared entry price of the consignment in question is higher
than the flat-rate import value, increased by a margin set in accordancewith paragraph 3 which may not exceed the flat-rate value by more than10 %, the lodging of a security equal to the import duties determined onthe basis of the flat-rate import value shall be required.
If the entry price of the consignment in question is not declared at the time
of customs clearance, the application of the rates of duty in the CommonCustoms Tariff depends on the flat-rate import value or the application ofthe relevant provisions of customs legislation under conditions to bedetermined in accordance with paragraph 3.
3. The detailed rules for the application of this Article shall be adopted
in accordance with the procedure laid down in Article 83. Such detailedrules shall include the provisions necessary for the verification of importprices.
Article 54
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in
Article 1, imports of one or more of such products at the rate of duty laid
down in Article 10 shall be subject to payment of an additional import dutyif the conditions set out in Article 5 of the Agreement on Agriculture!
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concluded in accordance with Article 228 of the Treaty in the framework
of the Uruguay Round of multilateral trade negotiations have been fulfilledunless the imports are unlikely to disturb the Community market, or wherethe effects would be disproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those forwarded by the Community to the World TradeOrganization.
The trigger volumes which must be exceeded for an additional import duty
to be imposed shall be determined in particular on the basis of Communityimports over the three years preceding the year in which the adverse effectsreferred to in paragraph 1 have occurred or are likely to occur.
3. The import prices to be taken into account for the imposition of an
additional import duty shall be determined on the basis of the cif importprices of the shipment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market or onthe Community import market for the product.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in the Article 83. Suchdetailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 55
1. To the extent necessary to enable the export of:(a) products listed in Article 1 (2) (a), (b) and (c);
(b) sugars falling with CN code 1701, glucose and glucose syrup falling
within CN codes 1702 30 91, 1702 30 99, 1702 40 90 and1702 90 50, including in the form of products falling within CN
codes 1702 30 51 and 1702 30 59, incorporated into products falling
within CN codes 2009 60 11, 2009 60 71, 2009 60 79 and2204 30 99;
on the basis of prices for those products in international trade and within
the limits resulting from agreements concluded in accordance with Article228 of the Treaty, the difference between those prices and prices in theCommunity may be covered by export refunds.
2. For the allocation of the quantities which may be exported with
refunds, the method shall be established which:
(a) is the best suited to the nature of the product and to the situation on
the market in question, enabling the most efficient use possible to be
made of the available resources, and having regard to the efficiency
and structure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is the least cumbersome administratively for operators, having regard
to management imperatives;
(c) precludes discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may vary
according to destination where the situation on the international market orthe specific requirements of certain markets make this necessary.
The refunds referred to in paragraph 1 (a) shall be fixed in accordance with
the procedure laid down in Article 83. They shall be fixed at regularintervals.
Refunds fixed at regular intervals may, where necessary, be adjusted in the
intervening period by the Commission at the request of a Member State oron its own initiative.
The provisions of Article 56 regarding the products referred to therein shall
apply on a supplementary basis.
4. Refunds shall be granted only on application and on presentation of
the relevant export licence.
5. The refund applicable to exports of products listed in Article 1 shall
be that applicable on the day of application for the licence and, in the caseof a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence or, if appropriate;!
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(b) for the actual destination, if it differs from that indicated on the
licence. In that case the amount applicable may not exceed theamount applicable to the destination indicated on the licence.
Appropriate measures may be taken to preclude abuse of the flexibility
provided for in this paragraph.
6. Paragraphs 4 and 5 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 83.
7. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured onthe basis of the export certificates issued for the reference periods providedfor therein and applicable to the products concerned. With regard tocompliance with the obligations arising under the Agreement onAgriculture, the ending of a reference period shall not affect the validity
of export licences.
With regard to compliance with the obligations arising under agreements
concluded in the framework of the Uruguay Round of trade negotiations,the ending of a reference period shall not affect the validity of exportlicences.
8. Detailed rules for the application of this Article, including provisions
on redistribution of unallocated or unused exportable quantities, shall beadopted in accordance with the procedure laid down in Article 83.
Article 56
1. This Article shall apply to the refunds referred to in Article 55 (1).
2. The amount of the refund for products referred to in Article 55 (1) (b)
shall be:
— in the case of raw sugar and white sugar, the amount of refund for
export of these products unprocessed as fixed in accordance with
Article 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981on the common organization of the market in the sugar sector andwith the provisions adopted for its application;
— in the case of glucose and glucose syrup, the amount of the refund for
export of these products unprocessed as fixed for each of these
products in accordance with Article 13 of Council Regulation (EEC)No 1766/92 of 30 June 1992 on the common organization of themarket in cereals and with the provisions adopted for its application.
To qualify for the refund, processed products must, on export, be
accompanied by a declaration from the applicant indicating the amounts of
raw sugar, white sugar, glucose and glucose syrup used in theremanufacture.
The accuracy of this declaration shall be subject to checks by the
competent authorities of the Member State concerned.
3. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and likely trends with regard to:
— prices and availability of the products listed in Article 55 (1) on
the Community market;
— world market prices for those products;
(b) the most advantageous marketing and transport costs from the
Community markets to the ports or other export points of theCommunity as well as the costs of shipment to the country ofdestination;
(c) the objectives of the common organization of the market in wine,
which are to ensure balance on the market and natural development inrespect of prices and trade;
(d) limits arising out of agreements concluded in accordance with Article
228 of the Treaty;
(e) the need to avoid disturbances on the Community market;(f) the economic aspect of the proposed exports.
4. Community market prices referred to in Article 55 (1) shall be
determined on the basis of the most advantageous export prices.!
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The following shall be taken into account the prices in international trade
referred to in Article 55 (1) are being determined:
(a) prices recorded on third-country markets;
(b) the most advantageous prices in third countries of destination for
imports from third countries;
(c) producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries;
(d) free-at-Community-frontier offer prices.5. Without prejudice to the third subparagraph of Article 55 (3), the
intervals at which the list of products for which a refund is actually grantedis to be fixed and the amount at which that refund is to be fixed shall bedetermined in accordance with the procedure laid down in Article 83.
6. The refund shall be paid upon proof that the products:— are of Community origin, save where paragraph 7 applies;
— have been exported from the Community, and
— in case of a differentiated refund, have reached the destination
indicated on the licence or another destination for which the refundwas fixed, without prejudice to Article 55 (5) (b). However,
exceptions may be made to this rule in accordance with the procedure
laid down in Article 83, provided that conditions are laid down whichoffer equivalent guarantees.
Additional provisions may be adopted in accordance with the procedure
laid down in Article 83.
7. No export refund shall be granted on products imported from third
countries and re-exported to third countries, unless the exporter proves
that:
— the product to be exported and the product previously imported are
one and the same;
— import duties have been collected on importation.
In such cases the refund on each product shall be equal to the duties
collected on importation where these are equal to or lower than the refundapplicable; where the duties collected on importation are higher than the
refund applicable, the refund shall equal the latter.
Article 57
1. To the extend necessary for the proper working of the common
organization of the market in wine, the Council, acting on a proposal fromthe Commission in accordance with the voting procedure set out in Article43 (2) of the Treaty, may in particular cases prohibit the use of inwardprocessing arrangements wholly or partially in respect of the productslisted in Article 1.
2. By way of derogation from paragraph 1, if the situation referred to in
that paragraph occurs with particular urgency and if the Communitymarket is, or is likely to be, disturbed by outward or inward processingarrangements, the Commission shall, at the request of a Member State or
on its own initiative, decide upon the necessary measures; the Council and
the Member States shall be notified of such measures, the period ofvalidity of which may not exceed six months and which shall applyimmediately. If the Commission receives a request from a Member State, itshall take a decision thereon within one week of receipt of the request.
3. The Commission’ s decision may be referred to the Council by any
Member State within one week of the day on which it was notified. TheCouncil, acting by a qualified majority, may confirm, amend or annul theCommission’ s decision. If the Council has not reached a decision within
three months, the Commission’ s decision shall be deemed to have been
repealed.
Article 58
1. The general rules for the interpretation of the combined nomenclature
and the special rules for its application shall apply to the classification ofproducts covered by this Regulation; the tariff nomenclature resulting fromthe application of this Regulation shall be incorporated in the CommonCustoms Tariff.
2. Save as otherwise provided for this Regulation or pursuant to a
provision thereof, the following shall be prohibited:
— the levying of any charge having equivalent effect to a customs duty;!
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— the application of any quantitative restriction or measure having
equivalent effect.
Article 59
1. The import of the products referred to in Article 1 (2) to which
alcohol has been added, with the exception of those products equivalent toproducts originating in the Community in respect of which such anadmixture is permitted pursuant to Article 25 (1) and (2), shall beprohibited.
2. Detailed rules for the application of this Article, and in particular the
conditions for the equivalence of products, shall be adopted in accordance
with the procedure laid down in Article 83.
Article 60
1. If, by reason of imports or exports, the Community market in one or
more of the products listed in Article 1 (2) is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of theobjectives set out in Article 39 of the Treaty, appropriate measures may beapplied in trade with third countries until such disturbance has ceased.
In order to assess whether the situation justifies the application of such
measures, the following in particular must be taken into account:
(a) the quantities in respect of which import licences have been issued or
applied for and the figures given in the forecast supply balance;
(b) where appropriate, the scale of intervention.The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt general rules for the application of this paragraph and define thecases in which and the limits within which Member States may take
interim protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or in its own initiative, decide uponthe necessary measures; the Member States shall be notified of suchmeasures, which shall be immediately applicable. If the Commissionreceives a request from a Member State, it shall take a decision thereonwithin three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising
from agreements concluded in accordance with Article 228 (2) of theTreaty.
Article 61
1. Imported wine intended for direct human consumption and described
with the aid of a geographical ascription may be eligible, with regard to its
marketing in the Community and with the proviso that reciprocity exists,
for the control and protection arrangements referred to in Article 16 ofRegulation (EEC) No 823/87 for quality wines produced in specifiedregions.
2. The provision laid down in paragraph 1 shall be implemented by
means of agreements with interested third countries to be negotiated andconcluded in accordance with the procedure laid down in Article 113 of the
Treaty.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 83.’
2. The following is inserted after Article 72:
‘Article 72a
1. The Member States shall take all necessary measures to enable
interested parties to prevent, on the terms stipulated in Articles 23 and 24of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, the use in the Community of a geographical indication attached tothe products referred to in Article 1 (2) (b) for products not originating in
the place indicated by a geographical indication in question, even where
the true origin of the goods is indicated or the geographical indication isused in translation or accompanied by expressions such as “kind’’, “type’’,“style’’, “imitation’’ or the like.!
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For the purposes of this Article, “geographical indications’’ is taken to
mean indications which identify a product as originating in the territory ofa third country which is a member of the World Trade Organization or in aregion or locality within that territory, in cases where a certain quality,reputation or other given characteristic of the product may be attributedessentially to that geographical place of origin.
2. Paragraph 1 shall apply notwithstanding other specific provisions in
Community legislation laying down rules for the designation andpresentation of the products referred to in Article 1 (2) (b).
3. Detailed rules for the application of this Article shall be adopted, if
necessary, in accordance with the procedure laid down in Article 83.’
3. Annex VII is deleted.
II. Council Regulation (EEC) No 344/79 of 5 February 1979 (OJ No L 54, 5. 3.
1979, p. 67)
Council Regulation (EEC) No 345/79 of 5 February 1979 (OJ No L 54, 5. 3.
1979, p. 69) as amended by Regulation (EEC) No 2009/81 (OJ No L 195, 18. 7.
1981, p. 6)
The above Regulations are repealed.!
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ANNEX XVII
TOBACCO
Council Regulation (EEC) No 2075/92 of 30 June 1992 (OJ No L 215, 30. 7. 1992, p.
70).
Title IV is replaced by the following:
‘TITLE IV
Trade with third countries
Article 15
Unless this Regulation provides otherwise, the rates of duty in the Common Customs
Tariff shall apply to the products listed in Article 1.
Article 16
1. The general rules for the interpretation of the combined nomenclature and the
special rules for its application shall apply to the classification of products covered bythis Regulation.
2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant
thereto, the following shall be prohibited in trade with third countries:
(a) the levying of any charge having equivalent effect to a customs duty;
(b) the application of any quantitative restriction or measure having equivalent effect.
Article 16a
1. If, by reason of imports or exports, the Community market in one or more of the
products listed in Article 1 is affected by, or is threatened with, serious disturbancelikely to jeopardize the achievement of the objective set out in Article 39 of the Treaty,appropriate measures may be applied in trade with third countries until such disturbance
of threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for theapplication of this paragraph and shall define in what cases and within what limits
Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at the
request of a Member State or on its own initiative, decide upon the necessary measures;
the Member States shall be notified of such measures, which shall be immediately
applicable. If the Commission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council by any
Member State within three working days of the day on which they were notified. TheCouncil shall meet without delay. It may, acting by a qualified majority, amend or annulthe measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’!
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ANNEX XVIII
HOPS
Council Regulation (EEC) No 1696/71 of 26 July 1971 (OJ No L 175, 4. 8. 1971, p. 1),
as last amended by Regulation (EEC) No 3124/92 (OJ No L 313, 30. 10. 1992, p. 1).
Title V is replaced by the following:
‘TITLE V
Trade with third countries
Article 14
Unless this Regulation provides otherwise, the rates of duty in the Common Customs
Tariff shall apply to the products listed in Article 1.
Article 15
1. The general rules for the interpretation of the combined nomenclature and the
special rules for its application shall apply to the classification of products covered bythis Regulation.
2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant
thereto, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equivalent effect.
Article 15a
1. If, by reason of imports or exports, the Community market in one or more of the
products listed in Article 1 is affected by, or is threatened with, serious disturbancelikely to jeopardize the achievement of the objective set out in Article 39 of the Treaty,appropriate measures may be applied in trade with third countries until such disturbance
of threat of disturbance or disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for theapplication of this paragraph and shall define in what cases and within what limits
Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at the
request of a Member State or on its own initiative, decide upon the necessary measures;
the Member States shall be notified of such measures, which shall be immediately
applicable. If the Commission receives a request from a Member State, it shall take adecision thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council by any
Member State within three working days of the day on which they were notified. TheCouncil shall meet without delay. It may, acting by a qualified majority, amend or annulthe measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’!
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ANNEX XIX
LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT
FLOWERS AND ORNAMENTAL FOLIAGE
I. Council Regulation (EEC) No 234/68 of 27 February 1968 (OJ No L 55, 2. 3.
1968, p. 1), as last amended by Regulation (EEC) No 3336/92 (OJ No L 336,20. 11. 1992, p. 1).
Articles 8, 9 and 10 are replaced by the following:
‘Article 8
1. Imports into the Community, of any of the products listed in Article 1 may
be subject to presentation of an import licence.
Licences shall be issued by the Member States to any applicant, irrespective of
his place of establishment in the Community.
Import licences shall be valid throughout the Community. Such licences shall be
issued subject to the lodging of a security guaranteeing the the products areimported during the term of validity of the licence; except in cases of forcemajeure, the security shall be forfeited in whole or in part if import is notcarried out, or is only carried out partially, within that period.
2. The term of validity of licenses and other detailed rules for the application
of this Article shall be adopted in accordance with the procedure laid down in
Article 14.
Article 9
Unless this Regulation provides otherwise, the rates of duty in the Common
Customs Tariff shall apply to the products listed in Article 1.
Article 10
1. The general rule for the interpretation of the combined nomenclature and
the special rules for its application shall apply to the classification of products
covered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall be incorporated in the Common CustomsTariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equivalent
effect.
Article 10a
1. If, by reason of imports or exports, the Community market in one or more
of the products listed in Article 1 is affected by, or is threatened with, seriousdisturbance likely to jeopardize the achievement of the objectives set out inArticle 39 of the Treaty, appropriate measures may be applied in trade with thirdcountries until such disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance with the
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the
general rules for the application of this paragraph and shall define in what casesand within what limits Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,which shall be immediately applicable. If the Commission receives a request
from a Member State, is shall take a decision thereon within three working days
following receipt of the request.
3. Measures decided upon by the Commission may be referred to the Council
by any Member State within three working days of the day on which they werenotified. The Council shall meet without delay. It may, acting by a qualifiedmajority, amend or annul the measure in question.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 14.
5. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228 (2) of the Treaty.’!
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II. Council Regulation (EEC) No 3280/75 of 16 December 1975 (OJ No L 326, 18.
12. 1975, p. 4).
The above Regulation is repealed.!B1994R3290 — EN — 01.07.1997 — 002.001 — 91
ANNEX XX
SEEDS
I. Council Regulation (EEC) No 2358/71 of 26 October 1971 (OJ No L 246, 5. 11.
1971, p. 1), as last amended by Regulation (EEC) No 3375/93 (OJ No L 303,10. 12. 1993, p. 9).
1. Articles 5, 6 and 7 are replaced by the following:
‘Article 5
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
Article 6
Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 7
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the
objectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threatof disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for the application of this paragraph and shalldefine in what cases and within what limits Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the
Commission receives a request from a Member State, is shall take a
decision thereon within three working days following receipt of therequest.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)of the Treaty.’
2. Article 8a is deleted.
II. Council Regulation (EEC) No 1578/72 of 20 July 1972 (OJ No L 168, 26. 7.
1972, p. 1), as last amended by Regulation (EEC) No 1984/86 (OJ No L 171,
28. 6. 1986, p. 3).
The above Regulation is repealed.!
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ANNEX XXI
MISCELLANEOUS REGULATIONS
I. Council Regulation (EEC) No 827/68 of 28 June 1968 (OJ No L 151, 30. 6.
1968, p. 16), as last amended by Regulation (EEC) No 794/94 (OJ No L 92, 9. 4.1994, p. 15).
1. Articles 2 and 3 are replaced by the following:
‘Article 2
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in the Annex.
2. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation; the tariffnomenclature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
3. Save as otherwise provide for in this Regulation or in provisions
adopted pursuant thereto and subject to the obligations arising frominternational agreements concerning the products listed in the Annex,the following shall be prohibited in trade with third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 3
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in the Annex is affected by, or isthreatened with, serious disturbance likely to jeopardize the achieve-ment of the objectives set out in Article 39 of the Treaty, appropriate
measures may be applied in trade with third countries until such
disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shall
adopt the general rules for the application of this paragraph and shalldefine in what cases and within what limits Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If theCommission receives a request from a Member State, is shall take a
decision thereon within three working days following receipt of the
request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2)
of the Treaty.’
2. Article 6 is replaced by the following:
‘Article 6
Where reference is made to this Article, measures shall be adopted in
accordance with the procedures laid down in Article 38 of Regulation
No 136/66/EEC and the corresponding Articles of the other regulationson the common organization of agricultural markets.’
II. Council Regulation (EEC) No 234/79 of 5 February 1979 (OJ No L 34, 9. 2.
1979, p. 2), as last amended by Regulation (EEC) No 3209/89 (OJ No L 312,27. 10. 1989, p 5).
Article 2 (2) is deleted.!
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ANNEX XXII
THE OUTERMOST REGIONS
I. Council Regulation (EEC) No 3763/91 of 16 December 1991 (OJ No L 356, 24.
12. 1991, p. 1) as amended by Regulation (EEC) No 3714/92 (OJ No L 378, 23.12. 1992, p. 23).
Article 2 (2) is amended as follows:
(a) In the first subparagraph, the part of the sentence which reads: ‘The levies
fixed pursuant to Article 13 (1) of Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the market in cereals’is replaced by:
‘The import duties provided for in the Common Customs Tariff’.
(b) In the second paragraph, the words ‘the levy (exemption)’ are replaced by
‘(exemption from) import duty’.
II. Council Regulation (EEC) No 1600/92 of 15 June 1992 (OJ No L 173, 27. 6.
1992, p. 1) as last amended by Regulation (EEC) No 3714/92 (OJ No L 378, 23.12.1992, p. 23).
1. In Article 3 (1), the words ‘Levies and/or’ are deleted.2. In Article 5 (1) (a), the words ‘and/or levies referred to in Article 9 of
Council Regulation (EEC) No 805/68 of 27 June 1968 on the commonorganization of the market in beef and veal’ are deleted.
3. In Article 7, the words ‘the levy/and or’ are deleted.
III. Council Regulation (EEC) No 1601/92 of 15 June 1992 (OJ No L 173, 27. 6.
1992, p. 13) as amended by Regulation (EEC) No 3714/92 (OJ No L 378, 23.
12.1992, p. 23).
1. In Article 3 (1), the words ‘Levies and/or’ are deleted.
2. In Article 5 (1) (a), the words ‘and/or levies referred to in Article 9 of
Council Regulation (EEC) No 805/68’ are deleted.!
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