1994R3290 — EN — 01.07.1996 — 001.001 — 1
This document is meant purely as a 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
►M1Council Regulation (EC) No 1193/96 of 26 June 1996 L161 1 29.6.1996
Corrected by:
►C1Corrigendum, OJ L 144, 28.6.1995, p. 31 (3290/94)
►C2Corrigendum, OJ L 108, 1.5.1996, p. 62 (3290/94)
►C3Corrigendum, OJ L 196, 24.7.1997, p. 82 (3290/94)
►C4Corrigendum, OJ L 3, 7.1.1999, p. 23 (3290/94)
►C5Corrigendum, OJ L 151, 18.6.1999, p. 39 (3290/94)
1994R3290 — EN — 01.07.1996 — 001.001 — 2
▼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
THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,andin particular Article 43 thereof,
HavingregardtoCouncilRegulation(EEC)No805/68of27June1968
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,
theCommunityhasnegotiatedvariousagreements(hereinafterreferredto as the ‘GATT agreements');whereas several of those agreementsconcernagriculture,inparticulartheAgreementonAgriculture(herein-afterreferredtoas‘theAgreement');whereastheconcessionsrelatingtodomestic support can be complied with by setting prices and aid at asuitable level and specific provisions need not be laid down on thissubject; whereas the Agreement lays down a six-year timetable for theextension of access to the Community market for agricultural productsfrom third countries on the one hand and the gradual reduction insupport granted by the Community on exports of agricultural productson the other hand; whereas the agricultural legislation on trade withthird countries should be adapted accordingly;
Whereas, by converting all the measures restricting imports of agricul-
tural products into customs duties (tarification) and by prohibiting theapplication of such measures in the future, the Agreement requires theabolitionofvariableimportleviesandoftheothermeasuresandimportchargescurrentlyprovidedforunderthemarketorganizations;whereasthe rates of customs duty applicable to agricultural products in accord-ance with the Agreement are to be fixed in the Common CustomsTariff; whereas, however, for certain product groups such as cereals,rice,wineandfruitandvegetables,theintroductionofsupplementaryorother trade mechanisms that do not involve the collection of fixedcustomsdutiescallsfortheadoptionofrulesprovidingforderogationsin the basis regulations; whereas, in addition, the measures to protectthe Community market against imports of dried grapes and processedcherries can, under the Agreement on Safeguards, be maintained for aperiod of five years; whereas, moreover, in order to avert problems ofsupply to the Community market, the suspension of customs duties oncertain sugar products should be permitted;
Whereas,inordertomaintainaminimumlevelofprotectionagainstthe
adverse effects on the market as a result of tarification, the Agreementpermits the application of additional customs duties under preciselydefined conditions but only to products subject to tarification; whereasthe corresponding provisions should accordingly be inserted into thebasic Regulations 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;
(1) OJ No L 148, 28. 6. 1968, p. 24. Regulation as last amended by Regula-
tion (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 — 01.07.1996 — 001.001 — 3
▼B
whereas, in view of the large number of quotas and in order to ensure
that they are implemented as effectively as possible, the Commissionshould be responsible for opening and administering them using themanagement committee procedure;
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)No 404/93 of 13 February 1993 on the common organization of themarket in bananas(
1);
Whereas, since the Agreement of Safeguards lays down clear rules on
the application of protective clauses as incorporated in the marketorganizations, such clauses should be supplemented by a reference tothe 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 onaccesstotheCommunitymarketarisingtherefrom;whereas,inordertoensurethatthenecessarymeasuresmaybetakenwhereapplicablewithregard to products from such countries, the Commission should begiven the relevant powers, to be exercised through the managementcommittee procedure;
Whereas,byvirtueoftheAgreement,thegrantingofexportsubsidiesis
limited henceforward to certain groups of agricultural products definedtherein;whereas,inaddition,itissubjecttolimitsintermsofquantityand value;
Whereascompliancewiththelimitsintermsofvaluecanbeensuredat
the time when refunds are fixed and through monitoring of paymentsunder the rules relating to the EAGGF; whereas monitoring may befacilitatedbythecompulsoryadvancefixingofrefunds,whileallowingthe possibility, in the case of differentiated refunds, of changing thespecified destination; whereas, in the case of a change of destination,therestitutionapplicabletotheactualdestinationshouldbepaid,withaceiling at the level of the amount applicable to the destination fixed inadvance;
Whereas monitoring of constraints in terms of quantity calls for the
introduction of a reliable and effective system of monitoring; whereas,tothatend,thegrantingofrefundsshouldbemadesubjecttoanexportlicence; whereas refunds should be granted up to the limits available,depending on the particular situation of each product concerned;whereas exceptions to that rule can only be permitted in the case ofprocessedproductsnotlistedinAnnexIItotheTreaty,towhichlimitsinvaluedonotapply,andinthecaseoffood-aidoperations,whichareexempt from any limitation; whereas provision should be made forderogations from strict compliance with management rules whereexports benefiting from refunds are not likely to exceed the limits inquantitylaiddown;whereasmonitoringofthequantitiesexportedwithrefundsduringthemarketingyearsreferredtointheAgreementcanbecarried out on the basis of export licences issued for each marketingyear;
Whereas, in most of the common organizations of the market, the
exclusion from recourse to the arrangements for inward processingtraffic falls exclusively within the competence of the Council; whereasintheeconomicconditionsarisingundertheAgreement,itcouldprovenecessarytoreactrapidlytomarketproblemsarisingfromtheapplica-tionofthesaidarrangements;whereasinthatregardcompetenceshouldbe conferred on the Commission to adopt urgent measures which arelimited in time; whereas those measures should be subject to theapplicationoftheprocedurelaiddowninArticle3ofCouncilDecision87/373/EEC of 13 July 1987(
2);
(1) OJ No L 47, 25. 2. 1993, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 3518/93 (OJ No L 320, 22. 12. 1993, p. 15).
(2) OJ No L 197, 18. 7. 1987, p. 33
1994R3290 — EN — 01.07.1996 — 001.001 — 4
▼B
Whereas compliance with the Agreement on Trade-Related Aspects of
IntellectualPropertyRightsmustalsobeensured;whereas,tothatend,the requisite stipulations must be inserted into Council Regulation(EEC)No822/87of16March1987onthecommonorganizationofthemarket in wine(
1);
Whereas, in the wake of the amendments to the legislation on agricul-
tureprovidedforinthisRegulation,manyCouncilRegulationsderivingfromthebasicregulationsnolongerserveanypurpose;whereas,forthesakeoflegalclarity,theyshouldberepealed;whereascertainprovisionswhich have lapsed although they are not directly connected with theGATT agreements should also be repealed; whereas it is the same forcertain Council Regulations referred to as ‘second generation'whichmay for the most part be incorporated in the basic regulations inquestion;
Whereas, however, it has not been possible to integrate the existing
general rules of the Council on the application of the safeguard clausein the basic regulations; whereas in the light of the importance of theamendmentsrenderednecessaryinthatareafollowingtheGATTagree-ments,theregulationsinquestionmaynotbemaintained;whereastheyshould therefore be repealed, while providing the legal bases to enabletheir replacement;
Whereas application of the Agreement on agriculture could be jeopar-
dized if the internal procedures to be used differed substantiallybetween different sectors; whereas, for that reason, it is desirable tomake those procedures uniform;
WhereasadoptionbytheCouncilofgeneralimplementingruleshasin
the past made it possible to provide an adequate framework for themorespecificrulesnecessaryformanagingthemarkets;whereasimple-mentation of the said Agreement on Agriculture should not call intoquestion the mechanisms and procedures for managing the commonagricultural policy;
Whereas it will be useful to analyse, at a later stage, both the func-
tioningofthearrangementssetupbythisRegulationandtheexperienceacquiredwiththemeasurestakenbythirdcountriesfortheimplementa-tionoftheGATTagreements;whereastothateffect,uponexpiryofthefirsttwoyearsofapplicationofthisRegulation,theCommissionshouldpresent a report to the Council and the European Parliament;
Whereas the switch-over from the existing arrangements to those
resulting from the GATT agreements may give rise to difficulties ofadaptationwhicharenotdealtwithinthisRegulation;whereas,inorderto deal with that eventuality, a general provision should be includedenabling the Commission to adopt the transitional measures necessaryfor a certain period,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the adaptations and transitional measures
requiredintheagriculturalsectorinordertoimplementtheagreementsconcludedduringtheUruguayRoundofmultilateraltradenegotiations.
Article 2
The adaptations referred to in Article 1 are set out in the Annexes
hereto.
(1) 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 — 01.07.1996 — 001.001 — 5
▼B
Article 3
1. Where transitional measures are necessary under the common
agricultural policy in order to facilitate the switch-over from theexisting arrangements to those resulting from the requirements of theagreements referred to in Article 1, such measures shall be adopted inaccordancewiththeprocedurelaiddowninArticle38ofRegulationNo136/66/EEC(
1) or, as appropriate, the corresponding Articles in the
other Regulations on the common organization of agricultural markets,or in Regulation (EC) No 3448/93(
2).
Whensuchmeasuresareadopted,accountshallbetakenofthespecial
features of the various agricultural sectors, having due regard to theobligations arising from the agreements referred to in Article 1.
2. Themeasuresreferredtoinparagraph1maybeadoptedduringa
periodexpiringon ►
M130June1997 ◄andshallnotapplybeyond
that date. The Council, acting by a qualified majority on a proposalfrom the Commission, may extend that period.
Article 4
1. Where, in view of the special circumstances affecting an agricul-
turalproduct,compliancewiththerequirementsonexportsupportundertheagreementsreferredtoinArticle1canbeassuredbymeanshavingalessereffectthanthoseprovidedfortothatend,theCommissionmayexempt that product from the application of the provisions on exportrefunds covered by this Regulation.
2. Without prejudice to the provisions of this Regulation, the
Commission may take any measures necessary to protect theCommunity market against imports of agricultural products from thirdcountries towards which the Community has no obligations under theagreements 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 Euro-
pean Parliament before 30 June 1997 on the operation of the arrange-ments resulting from this Regulation and on the experience acquiredwiththemeasurestakenbythirdcountriestoimplementtheagreementsconcludedduringtheUruguayRoundofmultilateraltradenegotiations.
TheCouncil,actingonaproposalfromtheCommissioninaccordance
withtheprocedurelaiddowninArticle43(2)oftheTreaty,willdecideon any amendments arising out of the results and conclusions of thatreport.
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 AnnexesXIII and XVI for which an entry price is applicable shall applyduring 1995 as from the commencement of the marketing year forthe products concerned in 1995;
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 318, 20. 12. 1993, p. 18.
1994R3290 — EN — 01.07.1996 — 001.001 — 6
▼B
(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.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
1994R3290 — EN — 01.07.1996 — 001.001 — 7
▼B
LIST OF ANNEXES
AnnexI CEREALS
AnnexII RICEAnnexIII DRIEDFODDERAnnexIV SUGARAnnexV OILSANDFATSAnnexVI FLAXANDHEMPAnnexVII MILKPRODUCTSAnnexVIII BEEFANDVEALAnnexIX SHEEPMEATANDGOATMEATAnnexX PIGMEATAnnexXI POULTRYMEATAnnexXII EGGS,OVALBUMINANDLACTALBUMINAnnexXIII FRUITANDVEGETABLESAnnexXIV PROCESSEDFRUITANDVEGETABLESAnnexXV BANANASAnnexXVI WINEAnnexXVII TOBACCOAnnexXVIII HOPSAnnexXIX LIVETREESANDOTHERPLANTS,BULBS,ROOTS
ANDTHELIKE,CUTFLOWERSANDORNA-MENTALFOLIAGE
AnnexXX SEEDSAnnexXXI MISCELLANEOUSREGULATIONSAnnexXXII THEOUTERMOSTREGIONS
1994R3290 — EN — 01.07.1996 — 001.001 — 8
▼B
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 (OJNo 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 marketingyear.'
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
productslistedinArticle1shallbesubjecttopresentationofanimportor export licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 12 and 13.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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. Notwithstandingparagraph1,theimportdutyonproductscovered
byCNcodesex 1001otherthanmerlin,1002,1003,ex 1005otherthanhybridseed,andex 1007otherthanhybridforsowing,shallbeequaltothe intervention price valid for such products on importation andincreasedby55%,minusthecif,importpriceapplicabletotheconsign-mentinquestion.However,thatdutymaynotexceedtherateofdutyinthe 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) repres-entativecifimportpricesshallberecordedonthebasisofthepricesfor 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. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 23.
1994R3290 — EN — 01.07.1996 — 001.001 — 9
▼B
The detailed rules shall in particular specify:
— the standard qualities to be used,
— 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 inparagraph 3 (a),
— the possibility, where appropriate in specific cases, of giving opera-
tors the opportunity of knowing the charge applicable before thearrival of the consignments concerned.
Article 11
1. Without prejudice to Article 10 (2), in order to prevent or coun-
teractadverseeffectsonthemarketintheCommunitywhichmayresultfrom imports of certain products listed in Article 1, imports of one ormoreofsuchproductsattherateofdutylaiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyiftheconditionssetoutin Article 5 of the Agreement on Agriculture concluded in accordancewith Article 228 of the Treaty in the framework of the Uruguay Roundof multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effectswould be disproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those forwarded to the World Trade Organization bythe Community.
Thetriggerquantitieswhichmustbeexceededinorderforanadditional
importdutytobeimposedshallbedetermined, inter alia,onthebasisof
imports into the Community in the three years preceding that in whichthe adverse effects referred to in paragraph 1 arise or seem likely toarise.
3. Theimportpricestobetakenintoconsiderationwhenimposingan
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment concerned.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket 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) theothercriterianecessaryforapplicationofparagraph1inaccord-
ance 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. Quotasmaybeadministeredusingoneofthefollowingmethodsor
by a combination thereof:
— methodbasedontheorderinwhichapplicationsaresubmitted(ona
“first come, first served” basis),
— method allocating quotas in proportion to the quantities requested
when applications are submitted (using the “simultaneous exam-ination” 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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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.
1994R3290 — EN — 01.07.1996 — 001.001 — 10
▼B
4. The detailed rules referred to in paragraph 1 shall provide for the
opening of annual quotas, if necessary suitably phased over the year,determinethemethodofadministrationtobeappliedandinclude,whereappropriate, 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
In the case of the quota for import into Spain of 2000000 tonnes of
maize and 300000 tonnes of sorghum and the quota for import intoPortugal of 500000 tonnes of maize, those detailed rules shall alsoincludetheprovisionsnecessaryforcarryingoutthequotaimportsand,where appropriate, the public storage of the quantities imported by theinterventionagenciesoftheMemberStatesconcernedandtheirdisposalon the markets of those Member States.
Article 13
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedwithoutfurtherprocessingorintheformofgoodslistedinAnnex B on the basis of quotations or prices for those products on theworldmarketandwithinthelimitsresultingfromagreementsconcludedin accordance with Article 228 of the Treaty, the difference betweenthosequotationsorpricesandpricesintheCommunitymaybecoveredby 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 beusedasefficientlyaspossible,accountbeingtakenoftheefficiencyand structure of Community exports without, however, creatingdiscrimination 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
varyaccordingtodestination,wherethesituationontheworldmarketorthe 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) byinvitationtotenderforproductsinrespectofwhichprovisionwas
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
furtherprocessingshallonlybegrantedonapplicationandonpresenta-tion of the relevant export licence.
5. The refund applicable to exports of products listed in Article 1
exportedwithoutfurtherprocessingshallbethatapplicableonthedayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,thatapplicable on the same day:
(a) for the destination indicated on the licence or, where appropriate;
(b) fortherealdestination,ifitisnotthesameasthatindicatedonthe
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.
1994R3290 — EN — 01.07.1996 — 001.001 — 11
▼B
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. Paragraphs4and5maybewaivedinthecaseofproductslistedin
Article1onwhichrefundsarepaidunderfood-aidoperations,inaccord-ance with the procedure laid down in Article 23.
8. Save as otherwise provided in accordance with the procedure laid
downinArticle23,therefundonproductslistedinArticle1(1)(a)and(b)inaccordancewithparagraph5shallbeadjustedinlinewiththelevelof the monthly increases applicable to the intervention price and, whereappropriate, changes in that price.
Acorrectiveamountmaybefixedinaccordancewiththeprocedurelaid
down in Article 23. However, the Commission may, where necessary,alter corrective amounts.
Thefirstandsecondsubparagraphsmaybeapplied,inwholeorinpart,
to products listed in Article 1 (1) (c) and (d) and to products listed inArticle 1 and exported in the form of goods listed in Annex B. In thatcase, 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.
Forthefirstthreemonthsofthemarketingyear,therefundapplicableto
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 havebeenappliedinrespectofthecertificateinquestiontoexportsduringthelast month of the preceding marketing year.
9. Insofarasisnecessarytotakeaccountofthefeaturesofproduc-
tion peculiar to certain spirituous beverages obtained from cereals, thecriteriaforgrantingexportrefundsasprovidedforinparagraph1andtheproceduresforverificationmaybeadaptedtofitthisparticularsituation.
10. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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
arrangementsforredistributingunallocatedandunusedquantities,andinparticular those on the adaptation provided for in paragraph 9 shall beadoptedinaccordancewiththeprocedurelaiddowninArticle23.AnnexB shall be amended in accordance with the same procedure. However,detailedrulesfortheapplicationofparagraph6toproductsreferredtoinArticle 1 and exported in the form of goods referred to in the Annex,shall be adopted in accordance with the procedure laid down in Article16 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 aproposalfromtheCommission,mayprohibitinwholeorinparttheuseof 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. Bywayofderogationfromparagraph1,ifthesituationreferredto
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by inward processingarrangements,theCommissionshall,attherequestofaMemberStateoron its own initiative, decide upon the necessary measures; the CouncilandtheMemberStatesshallbenotifiedofsuchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfromaMemberState,itshalltakeadecision thereon within a week following receipt of the request.
1994R3290 — EN — 01.07.1996 — 001.001 — 12
▼B
3. Measures decided on by the Commission may be referred to theCouncil by any Member State within a week of the day on which theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirmamend 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. Thegeneralrulesfortheinterpretationofthecombinednomencla-ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.2. Save as otherwise provided for in this Regulation or pursuant to aprovision thereof, the following shall be prohibited in trade with thirdcountries;— thelevyingofanychargehavingequivalenteffecttoacustomsduty,— the application of any quantitative restriction or measure having
equivalent effect.
Article 16
1. Wherethequotationsorpricesontheworldmarketforoneormoreof the products listed in Article 1 reach the level of Community pricesand where that situation is likely to continue and to deteriorate, therebydisturbing or threatening to disturb the Community market, appropriatemeasures may be taken.2. DetailedrulesfortheapplicationofthisArticleshallbeadoptedinaccordance with the procedure laid down in Article 23.
Article 17
1. If, by reason of an increase in imports or exports, the CommunitymarketinoneormoreoftheproductslistedinArticle1isaffectedby,or is threatened with, serious disturbance likely to jeopardize theachievementoftheobjectivessetoutinArticle39oftheTreaty,appro-priate 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 accordancewiththevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladoptthegeneralrulesforapplicationofthisparagraphandshalldeter-minethecasesandlimitswithinwhichMemberStatesmaytakeprotec-tive measures.2. If the situation referred to in paragraph 1 arises, the Commissionshall, 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. MeasuresdecideduponbytheCommissionmaybereferredtotheCouncil by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.4. This Article shall be applied having regard to the obligationsarisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty'.
6. The following shall be added to Annex A:
CNcode Description
2306 Oil-cakeandothersolidresidues,whetherornotground or in the form of pellets, resulting formthe extraction of vegetables fats or oils, otherthan those of headings 2304 and 2305:
230690
— Other:
— — Other:
23069091 ———O f germ of maize.
1994R3290 — EN — 01.07.1996 — 001.001 — 13
▼B
II.Council Regulation (EEC) No 2729/75 of 29 October 1975 (OJNo L 281, 1.11. 1975, p. 18).Theterms‘levy'and‘levies'shallbereplacedby‘duty'and‘duties'respec-tively.
III.Council Regulation (EC) No 3670/93 of 22 December 1993 (OJNo L 338,31. 12. 1993, p. 35).The above Regulation is repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 14
▼B
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 (OJNo L197, 30. 7. 1994, p. 7).
1. Article 4 (5) is replaced by the following:
‘5. The following shall be determined in accordance with the proce-
dure provided for in Article 27:
(a) after consultation with the Member States concerned, the interven-
tion 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
productslistedinArticle1shallbesubjecttopresentationofanimportor export licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 14 and 15.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 CNcode 1006 (excluding code 10061010) which comefrom the Member States and are in one of the situations referred to inArticle 9 (2) of the Treaty.
Thatsubsidyshallbefixed,takingintoaccountthesupplyrequirements
of the Réunion market, on the basis of the difference between thequotationsorpricesoftherelevantproductsontheworldmarketandthequotationsorpricesofthoseproductsontheCommunitymarket,and,ifnecessary, the price of those products delivered to Réunion.
Thesubsidyshallbegrantedonapplicationbythepartyconcerned.The
subsidymaybefixed,whereappropriate,byatenderingprocedure.Suchtendering procedure shall relate to the amount of the subsidy.
Thesubsidyshallbefixedperiodicallyinaccordancewiththeprocedure
laid down in Article 27. However, where the need arises, the Commis-sionmay,attherequestofaMemberStateoronitsowninitiative,alterthe subsidy in the interval.
2. Therulesonthefinancingofthecommonagriculturalpolicyshall
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.
1994R3290 — EN — 01.07.1996 — 001.001 — 15
▼B
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 CNcode 100620 shall be equal to the
interventionpricevalidforindicariceandjaponicaricerespectivelyon importation, increased by:
— 80% in the case of indica rice, and
— 88% in the case of japonica rice,
minus the import price; and(b) whollymilledricecoveredbyCNcode100630shallbeequaltothe
interventionpriceatthetimeofimportation,plusapercentagetobecalculated 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 100610, 100620 or 10064000 into the French overseasdepartment of Réunion, intended for consumption there;
(b) the duty to be charged on imports of products covered by CNcode
100630 into the French overseas department of Réunion, intendedfor consumption there shall be multiplied by a coefficient of 0,30.
4. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 27. Such detailedrulesshallinparticularlaydownthecriteriafordistinguishingthetypesof imported rice referred to in paragraph 2, fix the amount for theprotectionoftheindustryandincludethenecessaryprovisionsfordeter-mining and calculating import prices and checking their authenticity.
Article 13
1. Without prejudice to Article 12 (2), in order to prevent or coun-
teractadverseeffectsonthemarketintheCommunitywhichmayresultfrom imports of certain products listed in Article 1, imports of one ormoreofsuchproductsattherateofdutylaiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyiftheconditionssetoutin Article 5 of the Agreement on Agriculture concluded in accordancewith Article 228 of the Treaty in the framework of the Uruguay Roundof multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effectswould be disproportionate to the intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those forwarded by the Community to the World Trade Organ-ization
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 inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices 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) theproductstowhichadditionalimportdutiesmaybeappliedunder
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 of Agriculture.
1994R3290 — EN — 01.07.1996 — 001.001 — 16
▼B
Article 14
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedwithoutfurtherprocessingorintheformofgoodslistedinAnnex B on the basis of quotations or prices for those products on theworldmarketandwithinthelimitsresultingfromagreementsconcludedin accordance with Article 228 of the Treaty, the difference betweenthosequotationsorpricesandpricesintheCommunitymaybecoveredby 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. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 and struc-tureofCommunityexportswithout,however,creatingdiscriminationbetween large and small operators;
(b) isleastcumbersomeadministratively,foroperatorstakingaccountof
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) byinvitationtotenderforproductsforwhichthatprocedurewaslaid
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.
RefundsfixedatregularintervalsfortheproductreferredtoinArticle1
(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:
— pricesandavailabilityofriceandbrokenriceontheCommunity
market;
— prices of rice and broken rice on the world market;
(b) theaimsofthecommonorganizationofthemarketinrice,whichare
to ensure equilibrium and the natural development of prices andtrade 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.
Whentheamountoftherefundisset,accountshallbetakeninparticular
of the need to establish a balance between the use of basic Communityagricultural products for export as processed goods to third countries,and the use of basic agricultural products from these countries admittedfor 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
(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.
1994R3290 — EN — 01.07.1996 — 001.001 — 17
▼B
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
furtherprocessingshallonlybegrantedonapplicationandonpresenta-tion of the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exportedwithoutfurtherprocessingshallbethatapplicableonthedayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,thatapplicable 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 inaccordance 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, inaccordance with the procedure laid down in Article 27.
11. Saveasotherwiseprovidedinaccordancewiththeprocedurelaid
downinArticle27,therefundonproductslistedinArticle1(1)(a)and(b) applicable in accordance with paragraph 4 shall be adjusted in linewiththeamountofmonthlyincreasesapplicabletotheinterventionpriceand,whereappropriate,variationsinthatprice,dependingonthedegreeof processing and using the applicable conversion rate.
Acorrectiveamountmaybefixedinaccordancewiththeprocedurelaid
down in Article 27. However, the Commission may, where necessary,alter corrective amounts.
Thefirstandsecondsubparagraphsmaybeapplied,inwholeorinpart,
to products listed in Article 1 (1) (c) and to products listed in Article 1and exported in the form of goods listed in Annex B. In that case, theadjustment referred to in the first subparagraph shall be corrected byapplyingacoefficientexpressingtheratiobetweenthequantityofbasicproductandthequantityofthelattercontainedintheprocessedproductexported 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 ofhusked rice obtained therefrom, in hand at the end of a marketing yearandformingpartofthatyear’scrop,whichareexportedwithoutfurtherprocessingintheformofwhollymilledriceorsemi-milledricebetweenthe beginning of the following marketing year and dates still to bedetermined.Before1JulyofeachyeartheCouncil,actingbyaqualifiedmajority on a proposal from the Commission, shall, if necessary, deter-minetheproductstowhichtheprovisionsoftheprecedingsubparagraphshall apply.
The compensatory amount shall be:
— inthecaseofhuskedrice,equaltothedifferencebetweenthetarget
pricevalidforthelastmonthofthemarketingyearandthatvalidforthe first month of the new marketing year,
— in the case of paddy rice, equal to that difference adjusted by the
conversion rate.
Thisamountshall,however,bereducedbytheamountofanycarry-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— in the case of a differentiated refund, the products have reached the
destinationindicatedonthelicenceoranotherdestinationforwhicharefund was fixed, without prejudice to paragraph 8 (b). Exceptionsmaybemadetothisruleinaccordancewiththeprocedurelaiddown
1994R3290 — EN — 01.07.1996 — 001.001 — 18
▼B
inArticle27,providedconditionsarelaiddownwhichofferequiva-
lent guarantees.
Additionalprovisionsmaybeadoptedinaccordancewiththeprocedure
laid down in Article 27.
14. No export refund shall be granted on paddy rice and husked rice
whichisimportedfromthirdcountriesandre-exportedtothirdcountries,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;wherethedutiescollectedonimportationarehigherthanthatrefund, the latter shall apply.
15. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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 provi-
sions concerning the reallocation of quantities exported not allocated ornotused,inparticularasregardstheadjustmentreferredtoinparagraph11, shall be adopted in accordance with the procedure laid down inArticle 27. Annex B shall be amended in accordance with the sameprocedure.However,detailedrulesfortheapplicationofparagraph7toproducts referred to in Article 1 and exported in the form of goodsreferredtointheAnnexshallbeadoptedinaccordancewiththeproce-dure 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
organizationofthemarketinrice,theCouncil,actingonaproposalfromthe Commission in accordance with the procedure laid down in Article43(2)oftheTreaty,mayinspecialcasesprohibitinwholeorinparttheuseofinwardoroutwardprocessingarrangementsinrespectofproductslisted in Article 1.
2. Bywayofderogationfromparagraph1,ifthesituationreferredto
in paragraph 1 arises with exceptional urgency and the Communitymarketisdisturbedorisliabletobedisturbedbytheinwardoroutwardprocessing arrangements, the Commission shall, at the request of aMemberStateoronitsowninitiative,decideuponthenecessarymeas-ures; the Council and the Member States shall be notified of suchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediately 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. TheCouncil, acting by a qualified majority, may confirm, amend or repealthe Commission decision. If the Council has not acted within threemonths,theCommissiondecisionshallbedeemedtohavebeenrepealed.
Article 16
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation, including thedefinitions listed in Annex A, shall be incorporated in the CommonCustoms Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— the application of any quantitative restriction on imports or measure
having equivalent effect.
1994R3290 — EN — 01.07.1996 — 001.001 — 19
▼B
Article 17
1. Wherethequotationsorpricesontheworldmarketforoneormore
of the products listed in Article 1 (a) and (b) reach the level ofCommunity 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
▼
C2
— 88 % in the case of japonica rice.
▼B
3. Thesituationreferredtoinparagraph1shallberegardedaslikely
topersistordeterioratewherethereisanimbalancebetweensupplyanddemand 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
threatenedwithdisturbance,asaresultofthesituationreferredtointhepreceding paragraphs, where international trade prices are so high as toimpedeimportationofproductslistedinArticle1intotheCommunityorto 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:
— applicationofanexportlevy;inaddition,aspecialexportlevymay
bedeterminedbyatenderingprocedureinrespectofafixedquantity,
— 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.
Thesemeasuresshallberepealedatthelatestwhenitisfoundthat,fora
periodofthreeconsecutiveweeks,theconditionstatedinparagraphs2isno 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
beingfixed,thefactorslistedinparagraph6shallapply.Inaddition,thefollowing specific factors shall be taken into account:
(a) pricesobtainingforbrokenriceonthevariousCommunitymarkets;
(b) the quantity of broken rice necessary to manufacture the products
underconsiderationand,whereappropriate,thevalueoftheby-prod-ucts;
(c) saleopportunitiesandconditionsfortheproductsinquestiononthe
world market.
8. Where the situation on the world market and the specific require-
ments of certain markets so require, the export levy may be differen-tiated.
9. The export levy to be charged shall be the one applicable on the
dayofexport.However,thelevyapplicableonthedayoflodgementoftheapplicationforalicenceshallbeapplied,iftheapplicantsorequestsatthetimeofrequestingthelicence,toanexporttobecarriedoutduringthe period of validity of the licence.
10. No levy may be applied to exports carried out under food-aid
arrangements pursuant to Article 25.
1994R3290 — EN — 01.07.1996 — 001.001 — 20
▼B
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:
— adecisionshallbetakentoestablishthemeasureslistedinparagraph
5 and put an end to the measures listed in the second and thirdindents 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 itsdecisiontotheMemberStatesandshallpublishitonthenoticeboardsatits headquarters. The measures shall, by virtue of such a decision, beappliedtotherelevantproductsfromthedatespecifiedtothatend,thatday shall be subsequent to the date of notification. The decision on themeasuresreferredtointhethirdindentofparagraph5shallbeapplicablefor a period not exceeding seven days.
Article 18
1. If, by reason of imports or exports, the Community market in one
ormoreoftheproductslistedinArticle1,isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withtheprocedurelaiddowninArticle43(2)oftheTreaty,shalladoptthegeneralrulesfortheapplicationofthisparagraphandshalldefineinwhat 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 ofsuchmeasureswhichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfromaMemberState,itshalltakeadecisionthereonwithin three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
CouncilbyanyMemberStateswithinthreeworkingdaysofthedayonwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe 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.
1994R3290 — EN — 01.07.1996 — 001.001 — 21
▼B
ANNEX III
DRIED FODDER
Council Regulation (EEC) No 1117/78 of 22 May 1978 (OJNo L 142, 30.
5.1978, p. 2), as last amended by Regulation (EEC) No 3496/93 (OJNo L 319,21. 12.1993, p. 17)
1. In Title II the following Article is inserted before Article 7.
‘Article 6a
UnlessthisRegulationprovidesotherwise,theratesofdutyintheCommon
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
provisionthereof,thefollowingshallbeprohibitedintradewiththirdcoun-tries:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having equiva-
lent effect.'
3. Article 8 is replaced by the following:
‘Article 8
1. If, by reason of an increase in imports or exports, the Community
marketinoneormoreoftheproductslistedinArticle1isaffectedby,oristhreatened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measures maybe applied in trade with third countries until such disturbance or threat ofdisturbance has ceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewith
thevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladoptthegeneral rules for application of this paragraph and shall determine the casesand limits within which Member States may take protective measures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfrom a Member State, it shall take a decision thereon within three workingdays following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
CouncilbyanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,actingbyaqualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising
fromagreementsconcludedinaccordancewithArticle228(2)oftheTreaty.'
1994R3290 — EN — 01.07.1996 — 001.001 — 22
▼B
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 (OJNo 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.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 16 and 17.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidityofthelicence;exceptincasesof force majeure thesecurityshall
beforfeitedinwholeorinpartifimportorexportisnotcarriedout,orisonly carried out partially, within that period.
2. In accordance with the procedure laid down in Article 41:
(a) theschemeprovidedforbythisArticlemaybeextendedtocoverthe
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. Notwithstandingparagraph1,toensurethattheCommunitymarket
is adequately supplied with the products listed in Article 1 (1) (a) (rawsugar for refining falling within CNcodes 17011110 an 17011210)and Article 1 (1) (c) (molasses) by means of imports from third coun-tries,theCommissionmay,inaccordancewiththeprocedurelaiddowninArticle41,suspendinwholeorinparttheapplicationofimportdutieson these products, and establish the arrangements for any such suspen-sion.
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;
— inthecaseofmolasses,exceedsthepricelevelcorrespondingtothe
priceofmolassesusedasabasis,forthesugarmarketingyearunderconsideration, for determining revenue from sales of molassespursuant 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,importsofoneormoreofsuchproductsattherateofdutylaiddownintheCommonCustomsTariffshallbesubjecttopaymentofanadditional import duty if the conditions set out in Article 5 of theAgreement on Agriculture concluded in accordance with Article 228 oftheTreatyintheframeworkoftheUruguayRoundofmultilateraltradenegotiations have been fulfilled, unless the imports are unlikely todisturbtheCommunitymarket,orwheretheeffectswouldbedispropor-tionate to the intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those notified by the Community to the World Trade Organ-ization.
1994R3290 — EN — 01.07.1996 — 001.001 — 23
▼B
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 inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket 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) theproductstowhichadditionalimportdutiesshallapplyunderthe
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
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle41.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— methodbasedonchronologicalorderofthelodgmentofapplications
(“first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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, shall deter-minetheadministrativemethodtobeusedand,whereappropriate,shallinclude 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 17
1. TotheextentnecessarytoenabletheproductslistedinArticle1(1)
(a),(c)and(d)tobeexportedwithoutfurtherprocessingorintheformof goods listed in Annex I, on the basis of quotations or prices on the
1994R3290 — EN — 01.07.1996 — 001.001 — 24
▼B
world market for those products listed in Article 1 (1) (a) and (c), and
withinthelimitsresultingfromagreementsconcludedinaccordancewithArticle 228 of the Treaty, the difference between those quotations orprices and prices in the Community may be covered by export refunds.
Theexportrefundgrantedforrawsugarmaynotexceedthatgrantedfor
white sugar.
2. Provision may be made for export refunds in respect of the prod-
ucts listed in Article 1 (1) (f), (g) and (h) and exported without furtherprocessing 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 17023091 of the Combined Nomenclature;
(b) therefundapplicabletoexportsoftheproductsreferredtoinArticle
1 (1) (d);
(c) the economic aspects of the planned exports.
3. TherefundapplicabletoproductslistedinArticle1exportedinthe
formofgoodslistedinAnnexIshallnotbegreaterthanthatapplicableto these products exported without further processing.
4. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween 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 thespecific 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) byinvitationtotenderinrespectofproductsforwhichprovisionwas
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
unlessadepositislodged.Exceptincasesof force majeure ,thedeposit
shall 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
denaturedandexportedwithoutfurtherprocessinglistedinArticle1(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 ofCommunitybasicagriculturalproductsforexportasprocessedgoodstothird countries, and the use of products from these countries►
C4admitted under processing arrangements. ◄
7. Refunds on products listed in paragraph 1 and exported without
furtherprocessingshallonlybegrantedonapplicationanonpresentationof the relevant export licence.
8. The refund applicable to exports of products listed in Article 1
exportedwithoutfurtherprocessingshallbethatapplicableonthedayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,thatapplicable 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.
1994R3290 — EN — 01.07.1996 — 001.001 — 25
▼B
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
9.►C2Paragraphs 7 and 8 ◄may be made to apply to products
listedinArticle1andexportedintheformofgoodslistedinAnnexIinaccordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.
10.►
C2Paragraphs 7 and 8 ◄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,inthecaseofadifferentiatedrefund,theproductshavereached
the destination indicated on the licence or another destination forwhich a refund was fixed, without prejudice to paragraph 6 (b).However,exceptionsmaybemadetothisruleinaccordancewiththeprocedure laid down in paragraph 41, provided that conditions arelaid 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
notdenaturedproductsreferredtoinArticle1(1)(a)unless,dependingon the 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 provi-
sions of paragraph (b).
13. No refund shall be granted on exports in the natural state of the
notdenaturedproductsreferredtoinArticle1(c)and(d)whicharenotof Community origin or which have not been obtained from sugarsimportedintotheCommunity ►
C2inaccordancewiththeprovisionsof
paragraph12(b)orfromtheproductsreferredtoinparagraph12(c). ◄
14. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon the basis of the export licences issued for the reference periodsprovided for therein and applicable to the products concerned.
15. ThedetailedrulesfortheapplicationofthisArticle,includingthe
arrangements for redistributing unallocated or unused exportable quant-ities,andtheamendmentofAnnexIshallbeadoptedinaccordancewiththeprocedurelaiddowninArticle41.However,therulesgoverningtheapplication of paragraph 6 for the products referred to in Article 1exported in the form of goods listed in the Annex shall be adopted inaccordance with the procedure provided for in Article 16 of Regulation(EC) No 3448/93.
Article 17a
1. This Article shall apply to the fixing of refunds on the not dena-
tured 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
procedurelaiddowninArticle41ifitisfoundthatnosurplussugaris available within the Community for export on the basis of worldmarket prices. In that event, no refund shall be granted;
(b) whentherefundisbeingfixed,thesituationontheCommunityand
world markets in sugar, and in particular the following, shall betaken into account:
— the intervention price for white sugar for the Community area
withthelargestsurplusortheinterventionpriceforrawsugarfortheCommunityareawhichisconsideredtoberepresentativeforthe exportation of this type of sugar,
— thecostsoftransportingsugar ►
C5fromtheareasreferredtoin
the first indent ◄to ports or other points of export in the
Community,
1994R3290 — EN — 01.07.1996 — 001.001 — 26
▼B
— trade expenses and any transhipment, transport and packaging
charges incurred in marketing sugar on the world market,
— quotationsorpricesrecordedforsugarontheworldmarket,and— the economic aspect of the proposed exports.
3. Wheretherefundisfixedbytenderfortheproductsreferredtoin
Article 1 (1) (a):
(a) the purpose of the tender shall be to determine the amount of the
refund;
(b) thecompetentauthoritiesoftheMemberStatesshallinvitetendersin
accordancewithaninstrumentbindinginlawinallMemberStates.Thisinstrumentshalllaydownthetermsoftheinvitationtotender.These terms must guarantee equal access for all persons establishedwithin the Community;
(c) thetermsoftheinvitationtotendershallincludeatimelimitforthe
submission of tenders. The maximum amount of the refund for theinvitationinquestionshallbefixedinaccordancewiththeprocedurelaid down in Article 41 within three working days following theexpiry of the time limit and in the light of the tenders received.When the maximum amount is being calculated, account shall betaken of the supply situation and prices within the Community,pricesandpotentialoutletsontheworldmarketandcostsincurredinexporting sugar.
A maximum tonnage may be fixed in accordance with the same
procedure;
(d) whereexportscanbeeffectedonthebasisofarefundwhichislower
than that which would result from taking the difference betweenprices within the Community and prices on the world market intoaccount and where exports are for a specific destination, thecompetentauthoritiesoftheMemberStatesmayberequiredtoissuea 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 the tenderin question.
4. The refund on raw sugar:
(a) shallbefixedforthestandardqualitydefinedinArticle1ofRegula-
tion (EEC) No 431/68;
(b) fixed periodically in accordance with paragraph 2 (a):
— maynotexceed92%oftherefundforwhitesugarforthesame
period.However,thislimitshallnotapplytorefundstobefixedfor candy sugar,
— shall for each exporting operation under consideration be multi-
pliedbyaconversionfactorwhichshallbeobtainedbydividingthe yield of the raw sugar exported, calculated in accordancewiththeprovisionsofArticle1ofRegulation(EEC)No431/68,by 92;
(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
statelistedinArticle1(1)(c),shallbefixedeachmonth,accountbeingtaken 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);
1994R3290 — EN — 01.07.1996 — 001.001 — 27
▼B
(b) prices and potential outlets for molasses on the Community market;
(c) quotationsorpricesrecordedformolassesontheworldmarket;and
(d) the economic aspect of the proposed exports.
However,suchfixingmaybediscontinuedinaccordancewiththeproce-
dure laid down in Article 41 if it is found that no surplus molasses isavailablewithintheCommunityforexportonthebasisofworldmarketprices. In that event, no refund shall be granted.
2. Inspecialcircumstancestheamountoftherefundmaybefixedby
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
notdenaturedproductsexportedinthenaturalstatelistedinArticle1(1)(d).
However, such periodic fixing may be discontinued in accordance with
theprocedurelaiddowninArticle41iftheperiodicfixingoftherefundon white sugar not further processed, is suspended. In this event, norefund 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) thedifferencebetweentheinterventionpriceforwhitesugarforthe
Communityareawiththelargestsurplusforthemonthforwhichthebasic amount is fixed, and the quotations or prices for white sugarrecorded 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
▼
C4
— the use of third country products admitted under processing arrange-
ments.
▼B
3. Inthecaseofsorbose,thebasicamountoftherefundshallbeequaltothe
basic amount of the refund less one-hundredth of the production refund validpursuant to Regulation (EEC) No 1010/86 for the products listed in Annex I tothat Regulation.
4. Theapplicationofthebasicamountoftherefundmaybelimitedtosome
of the products listed in Article 1 (1) (d).
Article 18
1. Totheextentnecessaryfortheproperworkingofthecommonorganization
of the markets in the sugar sector, the Council, acting in accordance with thevotingprocedurelaiddowninArticle43(2)oftheTreatyonaproposalfromtheCommission, may prohibit in whole or in part the use of inward processingarrangements:
— in respect of products listed in Article 1 (1) (a) and (d), and
— 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 Community market isdisturbed or is liable to be ►
C4disturbed by inward processing arrange-
ments,◄theCommissionshall,attherequestofaMemberStateoronitsown
initiative, decide upon the necessary measures; the Council and the MemberStatesshallbenotifiedofsuchmeasures,whichshallbevalidfornomorethansix months and shall be immediately applicable. If the Commission receives arequest from a Member State, it shall take a decision thereon within a weekfollowing receipt of the request.
3. MeasuresdecidedonbytheCommissionmaybereferredtotheCouncilby
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
1994R3290 — EN — 01.07.1996 — 001.001 — 28
▼B
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 ofproducts covered by this Regulation; the tariff nomenclature resulting from theapplication of this Regulation shall b incorporated in the Common CustomsTariff.
2. SaveasotherwiseprovidedforinthisRegulationorpursuanttoaprovision
thereof, 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 20
1. Where the price of sugar on the world market exceeds the intervention
price,provisionmaybemadetoapplyanexportlevyinrespectofthesugarinquestion. This levy must be applied when the cif price of white sugar or rawsugar is greater than the intervention price plus an amount equal to the sum of10% of the intervention price and the storage levy applicable during themarketing 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 of export.
2. Where the cif price of white or raw sugar is greater than the intervention
priceplusanamountequaltothesumof10%oftheinterventionpriceandthestoragelevyapplicableduringthemarketingyearconcerned,theCouncil,actingonaproposalfromtheCommissioninaccordancewiththevotingprocedurelaiddowninArticle43(2)oftheTreaty,maydecidetograntanimportsubsidyforthe 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 voting procedure laiddowninArticle43(2)oftheTreaty,shalldecidetogranttheimportsubsidyanddetermine the conditions for its application. Those conditions shall relate inparticulartothequantityofwhiteorrawsugartobecoveredbythesubsidy,theduration of the subsidy and, where appropriate, the importing regions.
3. Thefollowingshallbedecidedinaccordancewiththeprocedurelaiddown
in Article 41:
(a) the cif prices referred to in paragraphs 1 and 2;
(b) the other arrangements for implementation of this Article.
InthecaseoftheproductsreferredtoinArticle1(1)(b),(c),(d),(f),(g)and(h)
provisionssimilartothoseinparagraphs1and2maybeadoptedinaccordancewith the procedure laid down in Article 41.
4. The amounts stemming from the application of this Article shall be fixed
bytheCommission.However,theexportleviesdeterminedbytenderingshallbefixed in accordance with the procedure laid down in Article 41.
Article 21
1. If,byreasonofimportsorexports,theCommunitymarketinoneormore
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 inArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountries until such disturbance or threat of disturbance has ceased.
TheCouncil,actinginaccordancewiththevotingprocedurelaiddowninArticle
43(2)oftheTreatyonaproposalfromtheCommission,shalladoptthegeneralrulesforimplementingthisparagraphandshalldefinethecasesandlimitswithinwhich the Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
therequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theMemberStatesshallbenotifiedofsuchmeasures,whichshallbeimmediately applicable. If the Commission receives a request from a Member
1994R3290 — EN — 01.07.1996 — 001.001 — 29
▼B
State,isshalltakeadecisionthereonwithinthreeworkingdaysfollowingreceipt
of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtotheCouncil
byanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified. 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.'
2. Article 26 shall be amended as follows:
(a) In paragraph 1 the last sentence shall be replaced by:
‘Articles8,9,17and20shallnotapplytosuchsugarandArticles9,
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 (OJNo 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 (OJNo L167, 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 (OJNo L 75, 28. 3.
1972, p. 5).
The above Regulations shall be repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 30
▼B
ANNEX V
OILS AND FATS
I.Council Regulation No 136/66/EEC of 22 September 1966 (OJNo 172, 30.
9. 1966, p. 3025), as last amended by Regulation (EC) No 3179/93 (OJNo L285, 20. 11. 1993, p. 9)
1. Title I is replaced by the following:
‘TITLE I
Trade
Article 2
1. ImportsintotheCommunityofanyoftheproductslistedinArticle
1 (2) (c) or of the products falling within CNcodes 07099039,07112090, 23069019, 15220031, 15220039 shall be subject topresentation of an import licence.
ExportsofoliveoilfromtheCommunityshallbesubjecttopresentation
of an export licence.
Exports from the Community of other products listed in Article 1 (2)
may be subject to presentation of export licences.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Article 3.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidityofthelicence;saveincasesof force majeure ,thesecurityshall
beforfeitedinwholeorinpartifimportorexportisnotcarriedout,orisonly 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 38.
Article 2a
SaveasotherwiseprovidedforinthisRegulation,theratesofdutyinthe
Common Customs Tariff shall apply to the products listed in Article 1(2).
Article 2b
1. Without prejudice to Article 10 (2), in order to prevent or coun-
teractadverseeffectsonthemarketintheCommunitywhichmayresultfrom imports of certain products listed in Article 1, imports of one ormoreofsuchproductsattherateofdutylaiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyiftheconditionssetoutin Article 5 of the Agreement on Agriculture concluded in accordancewith Article 228 of the Treaty in the framework of the Uruguay Roundof multilateral trade negotiations have been fulfilled unless the importsare unlikely to disturb the Community market, or where the effectswould be disproportionate to the 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 ofCommunityimportsoverthethreeyearsprecedingtheyearinwhichtheadverseeffectsreferredtoinparagraph1haveoccurredorarelikelytooccur.
3. Theimportpricestobetakenintoaccountfortheimpositionofan
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices 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.
1994R3290 — EN — 01.07.1996 — 001.001 — 31
▼B
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) theothercriterianecessaryforapplicationofparagraph1inaccord-
ance 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 of quota-tions or prices for those products on the world market and within thelimits resulting from agreements concluded in accordance with Article228oftheTreaty,thedifferencebetweenthosequotationsorpricesandprices 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) isthebestsuitedtothenatureoftheproductandtothesituationon
themarketinquestion,enablingthemostefficientusepossibletobemadeoftheavailableresources,takingaccountoftheefficiencyandstructureofCommunityimportswithout,however,creatingdiscrim-ination between large and small operators;
(b) istheleastcumbersomeadministrativelyforoperators,havingregard
to management imperatives;
(c) precludes discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.Theymayvaryaccordingtodestinationwherethesituationontheworld
market or the specific requirements of certain markets make this neces-sary. Where olive oil is concerned, the refund may also be fixed atdifferentlevelsaccordingtoqualityandpresentationwherethesituationontheworldmarketorthespecificrequirementsofcertainmarketsmakethis 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) byinvitationtotenderifthemarketsituationsowarrants.Forolive
oil the invitation to tender may be restricted to certain countries ofdestination, 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 beadjustedintheinterveningperiodbytheCommissionattherequestofaMember 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 theproducts to that market.
5. Refunds for colza and rape seed shall be fixed in the light of:
(a) thepricesobtainingintheCommunityonthedifferentrepresentative
markets for processing and export and the level of market prices intheCommunityforcolzaandrapeseedandthelikelytrendsintheseprices;
(b) the situation in the Community regarding the supply of these prod-
ucts in relation to demand;
1994R3290 — EN — 01.07.1996 — 001.001 — 32
▼B
(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) thelimitsarisingoutoftheagreementsconcludedpursuanttoArticle
228 of the Treaty.
6. Refundsshallbegrantedonlyonrequestandonpresentationofthe
relevant export licence.
7. The refund applicable to exports of olive oil and colza and rape
seedshallbethatapplicableonthedayofapplicationforthelicenceand,in the case of a differentiated refund, that applicable on the same day:
(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
colzaandrapeseedonwhichrefundsarepaidunderfood-aidoperations,in accordance with the procedure laid down in Article 38.
9. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
10. Detailed rules for the application of this Article, including provi-
sions concerning redistribution of unallocated or unused exportablequantities, shall be adopted in accordance with the procedure laid downin Article 38.
Article 3a
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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 itsthreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmay be applied in trade with third countries until such disturbance orthreat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,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 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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
1994R3290 — EN — 01.07.1996 — 001.001 — 33
▼B
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
2. Article 4 (1) is replaced by the following:
‘1. A production target price, an intervention price and a representative
market price for olive oil shall be fixed each year for the Community.
However,whenduringthemarketingyearthefactorswhichareusedto
determinetherepresentativemarketpriceforoliveoilundergoachangewhich,onthebasisofthecriteriatobeestablishedundertheprocedurelaid down in Article 38, may be considered as substantial, a decisionshall be taken under the said procedure to adjust the representativemarket price during the marketing year.
Insuchcases,thelevelofconsumptionaidreferredtoinArticle11(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. Whereoliveoilisexportedtothirdcountriesandworldpricesare
higherthantheCommunityprice,alevytocoverthedifferencemaybecharged.
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 therepresentative market price fixed pursuant to Articles 4 and 6. The cifpriceshallbedeterminedonthebasisofthemostfavourablepurchasingpossibilitiesontheworldmarket,thepricesbeingadjustedinthelightofanydifferencesinrelationtothedenominationorqualityoftheproductsconcerned.
Foroliveoilwhichhasundergonearefiningprocess,theamountofthe
levy may not exceed the cif price referred to in the first subparagraphless the representative market price, the amount of the difference beingweighted,asappropriate,byaweightingof111representingthequantityofvirginoliveoilneededtoproduce100kgofrefinedoliveoilorbyaweighting of 149 representing the quantity of raw olive-residue oilneeded 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
CNcode 1604, with the exception of subheading 160430, preservedcrustaceans and molluscs falling within CNcode 1605 and preservedvegetables falling within CNcodes 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
CN15099000 during a reference period;
— the factors taken into consideration when fixing the export refunds
validforoliveoilfallingwithinsubheadingCN15099000duringareference period.
However, where the olive oil used in the manufacture of the preserves
wasproducedintheCommunity,therefundshallbeequaltotheamountreferred to in the previous subparagraph, plus an amount equal to theconsumptionaidapplicableonthedayonwhichtherefundwasapplied.
3. The refund previously fixed shall be maintained where the differ-
encebetweenthatrefundandthenewonedoesnotexceedanamounttobe determined.
1994R3290 — EN — 01.07.1996 — 001.001 — 34
▼B
4. In the event of a significant change in the representative market
price at the beginning of the period of validity of the refund, accountmayalsobetaken,whenfixingtherefund,ofthedifferencebetweenthenew 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. ThedetailedrulesfortheapplicationofthisArticle,andinpartic-
ular those concerning the monitoring arrangements referred to in para-graph5,shallbeadoptedinaccordancewiththeprocedurelaiddowninArticle 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 (OJNo 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 (OJNo L 220, 30.9. 1972, p. 1)
Regulation (EEC) No 19/69 of 20 December 1968 (OJNo L 3, 7. 1. 1969, p.
2), as last amended by Regulation (EEC) No 2429/72 (OJNo L 264, 23. 11.1972, p. 1)
Regulation (EEC) No 2596/69 of 18 December 1969 (OJNo L 324, 27. 12.
1969, p. 12)
Regulation (EEC) No 1076/71 of 25 May 1971 (OJNo L 116, 28. 5. 1971, p.
2)
Regulation (EEC) No 443/72 of 29 February 1972 (OJNo L 54, 3. 3. 1972,
p. 3), as last amended by Regulation (EEC) No 2560/77 (OJNo 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 (OJNo L 201, 31. 1.1990, p. 11)
Regulation (EEC) No 2751/78 of 23 November 1978 (OJNo L 331, 28. 11.
1978, p. 5)
Regulation (EEC) No 591/79 of 26 March 1979 (OJNo L 78, 30. 3. 1979, p.
2), as last amended by Regulation (EEC) No 2903/89 (OJNo 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 (OJNo L 132, 23. 5.1990, p. 15)
Regulation (EEC) No 1491/85 of 23 May 1985 (OJNo L 151, 10. 6. 1985, p.
15), as last amended by Regulation (EEC) No 1724/91 (OJNo 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 (OJNo L 162, 26. 6.1991, p. 37)
Regulation (EEC) No 1650/86 of 26 May 1986 (OJNo L 145, 30. 5. 1986, p.
8)
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 35
▼B
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 (OJNo L154, 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 coun-tries:
— the levying of any charge having equivalent effect to a customs duty,
— theapplicationofanyquantitativerestrictionormeasurehavingequiva-
lent effect.
Article 8
1. ThisArticleshallapplywithoutprejudicetomorerestrictiveprovisionsadopted by Member States.
2. Raw true hemp falling within CNcode 53021000 and coming from
thirdcountriesmaybeimportedonlyiftheproductmeetstheconditionslaiddown in Article 4 (1) and if evidence is produced that its tetrahydrocanna-binol content is no higher than that referred to in Article 4 (4).
3. Only seed or hemp varieties falling with CNcode 12079910 coming
fromthirdcountrieswhichoffertheguaranteesprovidedforinArticle4(1)andwhichareincludedinthelisttobedrawnupmaybeimported.Thatlistshall be drawn up in accordance with the conditions to be laid down inaccordance with Article 4 (4).
4. Community imports of the products specified in paragraphs 2 and 3
shallbesubjecttocheckstodeterminewhetherthetermsofthisArticlehavebeen complied with.
Wherethesaidtermshavebeencompliedwith,theimportingMemberState
shall issue a certificate indicating such compliance.
5. Only the following shall be authorized to import hemp seed falling
within CNcode 12079991:
— research organizations and institutes,
— natural or legal persons who can provide proof of a sufficient level of
activity in the sector concerned.
6. Allimports,bypersonsreferredtointhesecondindentofparagraph5
ofseedsreferredtointhatparagraphshallbesubjecttoasystemofcontrolwhich 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 becarriedouteffectively,theamendmentswhichtheMemberStateconcernedis to make to them shall be decided in accordance with the procedure laiddown 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 ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewith third countries until such disturbance or threat of disturbance hasceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewith
the voting procedure laid down in Article 43 (2) of the Treaty, shall adoptgeneral rules for the implementation of the paragraph and define the casesand limits in which Member States may take precautionary measures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequest
1994R3290 — EN — 01.07.1996 — 001.001 — 36
▼B
from a Member State, it shall take a decision thereon within three working
days of 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.'
II.Council Regulation (EEC) No 1430/82 of 18 May 1982 (OJNo L 162, 12. 6.
1982, p. 27), as last amended by Regulation (EEC) No L 2058/84 (OJNo L191, 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 (OJNo L 120, 25. 5.
1972, p. 1)
The above Regulation is repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 37
▼B
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 (OJNo 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. ImportsintotheCommunityofanyoftheproductslistedinArticle
1shallbesubjecttothepresentationofanimportlicence.Exportsfromthe Community of any such products may be made subject to presenta-tion of an export licence.
2. LicencesshallbeissuedbyMemberStatestoanyapplicant,irres-
pective of his place of establishment in the Community and withoutprejudicetothemeasurestakenfortheapplicationofArticles16and17.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 carried out only partially, within that period.
3. The following shall be adopted in accordance with the procedure
laid down in Article 30:
(a) thelistofproductsinrespectofwhichexportlicencesarerequired;
(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
thecommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those which are forwarded by the Community to the WorldTrade 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 inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket for that product.
1994R3290 — EN — 01.07.1996 — 001.001 — 38
▼B
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) theproductstowhichadditionalimportdutiesshallbeappliedunder
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
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle30.
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 applica-
tions (using the “first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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
annualquotas,suitablyphasedovertheyear,ifnecessary,tobeopened,determine the administrative method to be applied and, where appro-priate, 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 17
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedwithoutfurtherprocessingorintheformofgoodslistedintheAnnexiftheyareproductslistedinArticle1(a),(b),(c),(d),(e)and(g), on the basis of prices for those products on the world market andwithinthelimitsresultingfromagreementsconcludedinaccordancewithArticle228oftheTreaty,thedifferencebetweenthosepricesandpricesin 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 suchproducts exported without further processing.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
1994R3290 — EN — 01.07.1996 — 001.001 — 39
▼B
(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 situa-
tionorthespecificrequirementsofcertainmarketsmakethisnecessary.
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 leastonceeveryfourweeks.Theamountoftherefundmay,however,remainatthesamelevelformorethanfourweeksandmay,wherenecessary,beadjustedintheinterveningperiodbytheCommissionattherequestofaMember 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 inaccordance 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 exporttogether 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
determinedtakingaccountofthepricesprevailingwhichprovetobethe 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. Refundsshallbegrantedfortheproductsreferredtoinparagraph1
only on application and on presentation of the relevant export licence.
7. TherefundapplicabletoexportsofproductslistedinArticle1and
exportedassuchshallbethatapplicableonthedayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,thatapplicableonthesame day for:
1994R3290 — EN — 01.07.1996 — 001.001 — 40
▼B
(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 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. Paragraphs6and7maybewaivedinthecaseofproductslistedin
Article1onwhichrefundsarepaidunderfood-aidoperations,inaccord-ance 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
destinationindicatedonthelicenceoranotherdestinationforwhicharefund was fixed, without prejudice to paragraph 7 (b). ExceptionsmaybemadetothisruleinaccordancewiththeprocedurelaiddowninArticle30,providedconditionsarelaiddownwhichofferequiva-lent guarantees.
11. Noexportrefundshallbegrantedonproductswhichareimported
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 therefund applicable; the refund shall be equal to the refund applicablewhere 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 shallapply only to goods falling within the following CNcodes:
— 18069060 to 18069090 (certain products containing cocoa),
— 1901 (certain food preparations of flour, etc.),— 21069099 (certain food preparations not elsewhere specified),
having a high milk-product content.
13. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. WithregardtocompliancewiththeobligationsarisingundertheAgreementofAgriculture,theendingofareferenceperiodshallnotaffectthevalidityof export licences.
14. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportable quant-ities, shall be adopted in accordance with the procedure laid down inArticle30.However,thedetailedrulesontheapplicationofparagraphs8,10,11and12forproductsreferredtoinArticle1andexportedintheform of goods listed in the Annex shall be adopted in accordance withtheprocedurelaiddowninArticle16ofRegulation(EEC)No3448/93.
Article 18
1. To the extent necessary for the proper working of the common
organizationofthemarketinmilkandmilkproducts,theCouncil,actingin accordance with the voting procedure laid down in Article 43 (2) ofthe Treaty on a proposal from the Commission, may, in special cases,prohibitinwholeorinparttheuseofinwardprocessingarrangementsinrespect of products listed in Article 1 which are intended for the manu-factureofproductslistedinthatArticleorofgoodslistedintheAnnex.
2. Bywayofderogationfromparagraph1,ifthesituationreferredto
in paragraph 1 arises with exceptional urgency and the Communitymarketisdisturbedorisliabletobedisturbedbytheinwardprocessingarrangements,theCommissionshall,attherequestofaMemberStateor
1994R3290 — EN — 01.07.1996 — 001.001 — 41
▼B
on its own initiative, decide upon the necessary measures; the Council
andtheMemberStatesshallbenotifiedofsuchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfromaMemberState,itshalltakeadecision 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend 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. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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-frontierpricesignificantlyexceedsthelevelofCommunitypricesand where that situation is likely to continue, thereby disturbing orthreateningtodisturbtheCommunitymarket,themeasuresprovidedforin 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 forwhichthereisnointerventionprice,apricederivedfromtheinterventionprice, to be determined in accordance with the procedure laid down inArticle 30, taking account of the nature and composition of the productin question.
3. The situation in which the free-at-frontier price significantly
exceedsthelevelofpricesislikelytocontinuewhenanimbalanceexistsbetweensupplyanddemandandthatimbalanceislikelytocontinue,inview of foreseeable trends in production and market prices.
4. TheCommunitymarketisdisturbedorunderthreatofdisturbance
bythesituationreferredtointhisArticlewhenthehighlevelofpricesininternational 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 exportchargesmaybedecidedoninaccordancewiththeprocedurelaiddownin Article 30. Detailed rules for the application of this Article shall beadopted in accordance with the same procedure.
Article 21
1. If, by reason of imports or exports, the Community market in one
ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance has ceased.
The Council, acting in accordance with the voting procedure laid down
inArticle43(2)oftheTreatyonaproposalfromtheCommission,shalladoptgeneralrulesfortheapplicationofthisparagraphandshalldefinethecasesinwhichandthelimitswithinwhichMemberStatesmaytakeprotective measures.
1994R3290 — EN — 01.07.1996 — 001.001 — 42
▼B
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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe 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 (OJNo L119, 8. 5. 1986, p. 36).
Council Regulation (EEC) No 2115/71 of 28 September 1971 (OJNo L 222,
2. 10. 1971, p. 5).
Council Regulation (EEC) No 2180/71 of 12 October 1971 (OJNo 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 (OJNo L 329,
24. 12. 1979, p. 1), as last amended by Regulation (EEC) No 3798/91 (OJNo L 357, 28. 12. 1991, p. 3).
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 43
▼B
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 (OJNo 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. ImportsintotheCommunityofanyoftheproductslistedinArticle
1 (1) (a) shall be subject to presentation of an import licence.
ImportsintotheCommunityofanyoftheproductslistedinArticle1(1)
(b) and exports from the Community of products listed in Article 1 (1)(a)and(b)maybesubjecttopresentationofanimportorexportlicence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 12 and 13.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 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
theCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 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 ofimports into the Community in the three years preceding the year inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket for that product.
4. The Commission shall adopt detailed rules for the application of
thisArticleinaccordancewith ►
C2theprocedurelaiddowninArticle
27◄. Such detailed rules shall specify in particular:
1994R3290 — EN — 01.07.1996 — 001.001 — 44
▼B
(a) theproductstowhichadditionalimportdutiesmaybeappliedunder
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
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle27.
Withregardtotheimportquotaof50000tonnesoffrozenmeatcoming
under CNcodes 02022030, 020230 and 02062991 and intended forprocessing, the Commission shall submit a report on the balance beforeDecember each year. The Council, acting on a proposal from theCommissionbyaqualifiedmajority,maylaydownthatallorpartofthequota 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 applica-
tions (“first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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) guaranteescoveringthenature,provenanceandoriginoftheproduct,
and,whereappropriate,themaintenanceoftraditionaltradepatterns;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 13
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedonthebasisofpricesorthoseproductsontheworldmarketandwithinthelimitsresultingfromagreementsconcludedinaccordancewith Article 228 of the Treaty, the difference between those prices andprices in the Community may be covered by export refunds.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween 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 thespecific requirements of certain markets make this necessary. Refunds
1994R3290 — EN — 01.07.1996 — 001.001 — 45
▼B
shallbefixedinaccordancewiththeprocedurelaiddowninArticle27.
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 leastonce 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) theaimsofthecommonorganizationofthemarketinbeefandveal,
which are to ensure equilibrium and the natural development ofprices 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 manufac-ture of processed goods exported to third countries and the use ofproducts from these countries admitted to inward processing arrange-ments.
Inaddition,incalculatingtheamountoftherefundforproductslistedin
sections(a),(c)and(d)oftheAnnex,andinsection(b)undersubhead-ings 02022030, 02022050, 02022090, 020230 and 02062991, theflat-ratecoefficientssetforeachoftheproductsconcernedmaybetakeninto account.
5. WhenpriceswithintheCommunitylistedinparagraph1arebeing
determined the following shall be taken into account:
— prices ruling on the representative Community markets,
— prices ruling at export.
Whenpricesininternationaltradelistedinparagraph1arebeingdeter-
mined account shall be taken of:
— prices ruling on third-country markets,
— themostfavourablepricesinthirdcountriesofdestinationforthird-
country imports,
— producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries,
— free-at-Community-frontier offer prices.
6. Refundsshallbegrantedonlyonapplicationandonpresentationof
the relevant export licence.
7. TherefundapplicabletoexportsofproductslistedinArticle1shall
be that applicable on the day of application for the licence and, in thecase 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.
8. Paragraphs63and47maybewaivedinthecaseofproductslisted
in Article 1 on which refunds are paid under food-aid operations, inaccordance 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,
1994R3290 — EN — 01.07.1996 — 001.001 — 46
▼B
— 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 for whichthe refund was fixed, without prejudice to paragraph 3 (b). Excep-tionsmaybemadetothisruleinaccordancewiththeprocedurelaiddown in Article 27, provided conditions are laid down which offerequivalent guarantees.
10. In the absence of a derogation granted in accordance with the
procedurelaiddowninArticle27,noexportrefundshallbegrantedonproductswhichareimportedfromthirdcountriesandre-exportedtothirdcountries.
11. Observance of the volume limits resulting from the agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon the basis of the export licences issued for the reference periodsprovidedforthereinwhichapplytotheproductsconcerned.Withregardto compliance with the obligations arising in the framework of theUruguayRoundmultilateraltradenegotiations,theendingofareferenceperiod shall not affect the validity of export licences.
12. Detailed rules for the application of this Article, including provi-
sions on the redistribution of exportable quantities which have not beenallocated or utilized, shall be adopted in accordance with the procedurelaid 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 inaccordancewiththevotingprocedurelaiddowninArticle43(2)oftheTreaty 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 theCommunitymarketisdisturbedorisliabletobedisturbedbytheinwardor outward processing arrangements, the Commission shall, at therequest of a Member State or on its own initiative, decide upon thenecessarymeasures;theCouncilandtheMemberStatesshallbenotifiedofsuchmeasures,whichshallbevalidfornomorethansixmonthsandshall be immediately applicable. If the Commission receives a requestfrom a Member State, it shall take a decision thereon within a weekfollowing 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend 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. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the detailed rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated into the Common Customs tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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
ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance 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, shalladoptgeneralrulesfortheapplicationofthisparagraphandshalldefine
1994R3290 — EN — 01.07.1996 — 001.001 — 47
▼B
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, 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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
3. Article 22a (2) is replaced by the following:
‘2. TheCouncil,actingonaCommissionproposalinaccordancewith
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 (OJNo 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 under-
taken 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
disturbanceofthemarketresults,havingregardinparticulartothelevelofaveragemarketpricesforadultbovineanimalsintheCommunityandintheMemberStates,asrecordedinaccordancewithRegulation(EEC)No 1892/87; 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 purposeother than that for which they were intended and to take account of theparticular requirements of such sales.
Toensurethattheobligationsenteredintoarefulfilled,suchconditionsmay
include the provision of a security which shall be forfeited in whole or inpart 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 (OJNo L 61,5. 3. 1977, p. 16)
Council Regulation (EEC) No 1157/92 of 28 April 1992 (OJNo L 122, 7. 5.
1992, p. 4)
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 48
▼B
ANNEX IX
SHEEPMEAT AND GOATMEAT
I.Council Regulation (EEC) No 3013/89 of 25 September 1989 (OJNo L 289,
7. 10. 1989, p. 1), as last amended by Regulation (EC) No 1886/94 (OJNo L197, 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 orexport licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespective
of his place of establishment in the Community and without prejudice tomeasures taken for the application of Article 12.
Import and export licences shall be valid throughout the Community. The
issuingofsuchlicencesmaybesubjecttothelodgingofasecurityguaran-teeingthattheproductsareimportedorexportedduringthetermofvalidityof 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 iscarried out only partially, within that period.
2. Thelistofproductsforwhichexportlicencesarerequired,thetermof
validityoflicencesandotherdetailedrulesfortheapplicationofthisArticleshall be adopted in accordance with the procedure laid down in Article 30.
Article 10
UnlessthisRegulationprovidesotherwise,theratesofdutyintheCommon
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 inArticle 1, imports of one or more of such products at the rate of duty laiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyif the conditions set out in Article 5 of the Agreement on AgricultureconcludedinaccordancewithArticle228oftheTreatyintheframeworkofthe 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. Thetriggerpricesbelowonwhichanadditionaldutymaybeimposed
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 intothe Community in the three years preceding the year in which the adverseeffects 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.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 30. Suchdetailed rules shall specify in particular:
(a) theproductstowhichadditionalimportdutiesmaybeappliedunderthe
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.
1994R3290 — EN — 01.07.1996 — 001.001 — 49
▼B
Article 12
1. Tariff quotas for the products listed in Article 1 resulting from agree-
ments concluded in the framework of the Uruguay Round of multilateraltrade negotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 30.
2. Quotasshallbeadministeredbyapplyingoneofthefollowingmethods
or a combination of them:
— method based on chronological order of the lodgement of applications
(“first-come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhenthe
applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(usingthe
“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 theneed to safeguard the equilibrium of that market, whilst at the same timepossibly drawing on methods which may have been applied in the past toquotas corresponding to those referred to in paragraph 1, without prejudiceto the rights resulting from agreements concluded in the framework of theUruguay 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) recognitionofthedocumentusedforverifyingtheguaranteesreferredto
in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirtermof
validity.
Article 13
1. Totheextentnecessaryfortheproperworkingofthecommonorgan-
ization of the market in milk and milk products, the Council, acting inaccordance with the voting procedure laid down in Article 43 (2) of theTreatyonaproposalfromtheCommission,may,inspecialcases,prohibitinwhole or in part the use of inward processing arrangements in respect ofproducts 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 theCommunitymarketisdisturbedorisliabletobedisturbedbytheinwardoroutwardprocessingarrangements,theCommissionshall,attherequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theCouncilandtheMemberStatesshallbenotifiedofsuchmeasures,whichshall be valid for no more than six months and shall be immediatelyapplicable. If the Commission receives a request from a Member State, itshalltakeadecisionthereonwithinaweekfollowingreceiptoftherequest.
3. Measures decided on by the Commission may be referred to the
CouncilbyanyMemberStatewithinaweekofthedayonwhichtheywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amendorrepeal the Commission decision. If the Council has not acted within threemonths, the Commission decision shall be deemed to have been repealed.
Article 14
1. The general rules for the interpretation of the combined nomenclature
andthedetailedrulesforitsapplicationshallapplytothetariffclassificationof products covered by this Regulation; the tariff nomenclature resultingfrom the application of this Regulation shall be incorporated into theCommon Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththirdcountries:
1994R3290 — EN — 01.07.1996 — 001.001 — 50
▼B
— the levying of any charge having equivalent effect to a customs duty,
— theapplicationofanyquantitativerestrictionormeasurehavingequiva-
lent effect.
Article 15
1. If, by reason of an increase in imports or exports, the Community
marketinoneormoreoftheproductslistedinArticle1isaffectedby,oristhreatened with, serious disturbance likely to jeopardize the achievement oftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybe applied in trade with third countries until such disturbance or threat ofdisturbance 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 adoptgeneral rules for the application of this paragraph and shall define thecircumstancesandlimitswithinwhichMemberStatesmayadoptprotectivemeasures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfrom a Member State, it shall take a decision thereon within three workingdays 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.'
II.Council Regulation (EEC) No 2641/80 of 14 October 1980 (OJNo L 275,
18. 10. 1980, p. 2), as last amended by Regulation (EEC) No 3890/92 (OJNo L 391, 31. 12. 1992, p. 51).
Council Regulation (EEC) No 2642/80 of 14 October 1980 (OJNo L 275,
18. 10. 1980, p. 4), as last amended by Regulation (EEC) No 3939/87 (OJNo L 373, 31. 12. 1987, p. 1).
Council Regulation (EEC) No 3643/85 of 19 December 1985 (OJNo L 348,
24. 12. 1985, p. 2), as last amended by Regulation (EEC) No 3890/92 (OJNo L 391, 31. 12. 1992, p. 51).
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 51
▼B
ANNEX X
PIGMEAT
I.Council Regulation (EEC) No 2759/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 1) as last amended by Regulation (EEC) No 1249/89 (OJNo L129, 11. 5. 1989, p. 12).
1. The second subparagraph of Article 4 (1) is replaced by the following:
‘Thebasicpriceshallbefixedtakingaccount,inparticular,oftheneed
to fix this price at a level which contributes towards stabilizing marketpriceswithout,however,leadingtotheformationofstructuralsurplusesin 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 prod-ucts to the commercial value of pig carcases.'
3. The following point is added to Article 5 (4):
‘(d) fixingthecoefficientexpressingtheratioreferredtoinparagraph2.'
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
productslistedinArticle1maybesubjecttopresentationofanimportorexport licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 11 and 13.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 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
theCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those which are forwarded by the Community to the WorldTrade 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
1994R3290 — EN — 01.07.1996 — 001.001 — 52
▼B
whichtheadverseeffectsreferredtoinparagraph1ariseorarelikelyto
arise.
Cifimportpricesshallbecheckedtothatend,againsttherepresentative
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
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices 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) theproductstowhichadditionalimportdutiesshallbeappliedunder
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
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateral trade negotiations, shall be opened and administered in accord-ancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle24.
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 applica-
tions (“first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 12
1. Where prices on the Community market rise significantly and
where that situation is likely to continue, thereby disturbing or threat-ening to disturb that market, the measure provided for in paragraph 4may be taken.
2. Asignificantriseinpriceswithinthemeaningofparagraph1exists
when, following a general price rise in all Community regions, theaverage price of pig carcases on the Community representative marketsgivenintheAnnextoRegulation(EEC)No2123/89isatahigherlevelthan the average of those prices established for the previous period ofthree marketing years, from 1 July to 30 June, adjusted if necessary onthebasisofcyclicaltrendsinthepricesinquestion,withtheadditionofthe difference between that average and the average of basic prices inforce during the period under consideration, taking into account anyamendment of the basic price by comparison with the price emergingfrom the average for the said period.
1994R3290 — EN — 01.07.1996 — 001.001 — 53
▼B
3. The significant rise in prices is likely to continue within the
meaningofparagraph1whenanimbalancebetweenpigmeatsupplyanddemand 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) surveysandestimatescarriedoutpursuanttoDirective93/23/EECof
1 June 1993 on the statistical surveys to be carried out on pigproduction;
(c) foreseeable trends in market prices for pig carcases.
4. Where the conditions listed in the previous paragraphs are met,
totalorpartialsuspensionofimportdutiesmaybedecidedoninaccord-ance with the procedure laid down in Article 24. Detailed rules for theapplication of this Article shall, if necessary, be adopted in accordancewith the same procedure.
Article 13
1. TotheextentnecessarytoenabletheproductslistedinArticle1to
beexportedonthebasisofquotationsorpricesforthoseproductsontheworldmarketandwithinthelimitsresultingfromagreementsconcludedin accordance with Article 228 of the Treaty, the difference betweenthosequotationsorpricesandpricesintheCommunitymaybecoveredby export refunds.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween 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
Article24.Refundsshallbefixedatregularintervals,withoutrecourse,however, to the tendering procedure.
Thelistofproductsonwhichanexportrefundisgrantedandtheamount
of such refund shall be fixed at least once every three months. Theamount of the refund may, however, remain at the same level for morethan three months and may, where necessary, be adjusted in the inter-veningperiodbytheCommissionattherequestofaMemberStateoronits 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 Community
market,
— prices for pigmeat products on the world market;
(b) theneedtoavoiddisturbanceslikelytocauseaprolongedimbalance
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.
Whentherefundisbeingfixed,particularaccountshallalsobetakenof
the need to establish a balance between the use of Community basicproducts in the manufacture of processed goods for export to thirdcountries, 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 theCommunityandpricesontheworldmarketforthequantityoffeedgrainrequired for the production in the Community of one kilogram ofpigmeat,thecoefficientsreferredtoinArticle5(2)alsobeingtakenintoaccount in the case of products other than pig carcases.
1994R3290 — EN — 01.07.1996 — 001.001 — 54
▼B
5. The Community price referred to in paragraph 1 shall be estab-
lished 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) themostfavourablepricesinthirdcountriesofdestinationforthird-
country imports;
(c) producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries;and
(d) free-at-Community-frontier offer prices.
6. Refundsshallonlybegrantedonapplicationandonpresentationof
the relevant export licence.
7. TherefundapplicabletoexportsofproductslistedinArticle1shall
be that applicable on the day of application for the licence and, in thecase 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. Paragraphs6and7maybewaivedinthecaseofproductslistedin
Article1onwhichrefundsarepaidunderfood-aidoperations,inaccord-ance 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 proce-dure laid down in Article 24, provided conditions are laid downwhich 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 coun-tries, 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
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
12. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated or unused exportable quant-ities, shall be adopted in accordance with the procedure laid down inArticle 24.
Article 14
1. To the extent necessary for the proper working of the common
organizationofthemarketinpigmeat,theCouncil,actinginaccordancewiththevotingprocedurelaiddowninArticle43(2)oftheTreatyonaproposalfromtheCommission,may,inspecialcases,prohibitinwhole
1994R3290 — EN — 01.07.1996 — 001.001 — 55
▼B
or in part the use of inward processing arrangements in respect of
products listed in Article 1 which are intended for the manufacture ofproducts listed in that Article.
2. In derogation from paragraph 1, if the situation referred to in
paragraph1ariseswithexceptionalurgencyandtheCommunitymarketis disturbed or is liable to be disturbed by the inward or outwardprocessing arrangements, the Commission shall, at the request of aMemberStateoronitsowninitiative,decideuponthenecessarymeas-ures; the Council and the Member States shall be notified of suchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediately 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend 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. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe 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:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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
ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance 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, 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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
II.Council Regulation (EEC) No 2764/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 21), as last amended by Regulation (EEC) No 4160/87 (OJNoL 392, 31. 12. 1987, p. 46).
Council Regulation (EEC) No 2765/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 23).
1994R3290 — EN — 01.07.1996 — 001.001 — 56
▼B
Council Regulation (EEC) No 2766/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 25), as last amended by Regulation (EEC) No 3906/87 (OJNoL 370, 30. 12. 1987, p. 11).
Council Regulation (EEC) No 2768/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 39).
Council Regulation (EEC) No 2769/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 43).
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 57
▼B
ANNEX XI
POULTRYMEAT
I.Council Regulation (EEC) No 2777/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 77), as last amended by Regulation (EEC) No 1574/93 (OJNoL 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.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 6 and 8.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 theCommon 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 intheCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 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 specifically on the basis ofimports into the Community in the three years preceding the year inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment in question.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket 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) theproductstowhichadditionalimportdutiesshallbeappliedunder
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 6
1. TariffquotasfortheproductslistedinArticle1(1)resultingfromagreementsconcludedintheUruguayRoundofmultilateraltradenego-
1994R3290 — EN — 01.07.1996 — 001.001 — 58
▼B
tiations shall be opened and administered in accordance with detailed
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 applica-
tions (“first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 7
WherepricesontheCommunitymarketrisesignificantlyandwherethatsituationislikelytocontinue,therebydisturbingorthreateningtodisturbthat market, appropriate measures may be taken.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladopt the general rules for application of this Article.
Article 8
1. TotheextentnecessarytoenabletheproductslistedinArticle1(1)to be exported on the basis of prices for those products on the worldmarket and within the limits resulting from agreements concluded inaccordancewithArticle228oftheTreaty,thedifferencebetweenthoseprices and prices in the Community may be covered by export refunds.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween 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 situa-
tionorthespecificrequirementsofcertainmarketsmakethisnecessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article17.Refundsshallbefixedatregularintervals,withoutrecourse,however, to the tendering procedure.
Thelistofproductsonwhichanexportrefundisgrantedandtheamount
of such refund shall be fixed at least once every three months. Theamount of the refund may, however, remain at the same level for morethan three months and may, where necessary, be adjusted in the inter-veningperiodbytheCommissionattherequestofaMemberStateoronits own initiative.
1994R3290 — EN — 01.07.1996 — 001.001 — 59
▼B
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
prolongedimbalancebetweensupplyanddemandontheCommunitymarket;
(c) the economic aspect of the proposed exports;
(d) limitsarisingfromagreementsconcludedinaccordancewithArticle
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 ofCommunitybasicagriculturalproductsforexportasprocessedgoodstothirdcountries,andtheuseofproductsfromthosecountriesadmittedforinward 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,forthedifferencesintheweightofthedifferentproductsand/orthe average of their commercial values.
5. The Community price referred to in paragraph 1 shall be estab-
lished 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) themostfavourablepricesinthirdcountriesofdestinationforthird-
country imports;
(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.6. Refundsshallbegrantedonlyonapplicationandonpresentationof
the relevant export licence, except in this case of day-old chicks forwhich a licence may be granted ex-post.
7. TherefundapplicabletoexportsofproductslistedinArticle1(1)
shallbethatapplicableonthedayofapplicationforthelicenceand,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. Paragraphs6and7maybewaivedinthecaseofproductslistedin
Article 1 (1) on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 17.
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,inthecaseofadifferentiatedrefund,theproductshavereached
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 proce-dure laid down in Article 17, provided conditions are laid downwhich 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:
1994R3290 — EN — 01.07.1996 — 001.001 — 60
▼B
— 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
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
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 commonorganizationofthemarketinpoultrymeat,theCouncil,actinginaccord-ancewiththevotingprocedurelaiddowninArticle43(2)oftheTreatyon a proposal from the Commission, may, in special cases, prohibit inwholeorinparttheuseofinwardoroutwardprocessingarrangementsinrespect of products listed in Article 1 (1) which are intended for themanufacture of products listed in Article 1 (1).
2. In derogation from paragraph 1, if the situation referred to in
paragraph1ariseswithexceptionalurgencyandtheCommunitymarketis disturbed or is liable to be disturbed by the inward or outwardprocessing arrangements, the Commission shall, at the request of aMemberStateoronitsowninitiative,decideuponthenecessarymeas-ures; the Council and the Member States shall be notified of suchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediately 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.
Article 10
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe 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:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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 oneor more of the products listed in Article 1 (1) is affected by, or isthreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmay be applied in trade with third countries until such disturbance orthreat 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 adoptthe general rules for the application of this paragraph and define thecases in which and the limits within which Member States may takeprotective measures.
1994R3290 — EN — 01.07.1996 — 001.001 — 61
▼B
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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
2. Article 12 is deleted.
II.Council Regulation (EEC) No 2778/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 84), as last amended by Regulation (EEC) No 3714/92 (OJNoL 378, 23. 12. 1992, p. 23).
Council Regulation (EEC) No 2779/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 90).
Council Regulation (EEC) No 2780/75 of 29 October 1975 (OJNo L 282, 1.
11. 1975, p. 94).
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 62
▼B
ANNEX XII
EGGS, OVALBUMIN AND LACTALBUMIN
A. EGGSI. CouncilRegulation(EEC)No2771/75of29October1975(OJNoL282,1.
11.1975,p.49),aslastamendedbyRegulation(EEC)No1574/93(OJNoL 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
productslistedinArticle1(1) ►C3maybesubject ◄topresentation
of an import or export licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Articles 6 and 8.
Import and export licences shall be valid throughout the Community.
Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-teeing that the products are imported or exported during the term ofvalidity 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 theCommon 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 intheCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 tothe 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 pricesnotified 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 ofimports into the Community in the three years preceding the year inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket 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) theproductstowhichadditionalimportdutiesshallbeappliedunder
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.
1994R3290 — EN — 01.07.1996 — 001.001 — 63
▼B
Article 6
1. TariffquotasfortheproductslistedinArticle1(1)resultingfrom
agreementsconcludedintheUruguayRoundofmultilateraltradenego-tiations shall be opened and administered in accordance with detailedrules 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 applica-
tions (first come, first served principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the simultaneous examinationmethod),
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.
Article 7
WherepricesontheCommunitymarketrisesignificantlyandwherethatsituationislikelytocontinue,therebydisturbingorthreateningtodisturbthat market, appropriate measures may be taken.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladopt the general rules for application of this Article.
Article 8
1. TotheextentnecessarytoenabletheproductslistedinArticle1(1)to be exported on the basis of prices for those products on the worldmarket and within the limits resulting from agreements concluded inaccordancewithArticle228oftheTreaty,thedifferencebetweenthoseprices and prices in the Community may be covered by export refunds.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailable,accountbeingtakenoftheefficiencyandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween 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 situa-
tionorthespecificrequirementsofcertainmarketsmakethisnecessary.
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.
Thelistofproductsonwhichanexportrefundisgrantedandtheamount
of such refund shall be fixed at least once every three months. Theamount of the refund may, however, remain at the same level for morethan three months and may, where necessary, be adjusted in the inter-
1994R3290 — EN — 01.07.1996 — 001.001 — 64
▼B
veningperiodbytheCommissionattherequestofaMemberStateoron
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 imbal-
ance 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 ofCommunitybasicagriculturalproductsforexportasprocessedgoodstothirdcountries,andtheuseofproductsfromthosecountriesadmittedforinward processing.
Moreover,whentheamountoftherefundiscalculated,accountshallbe
taken,inthecaseoftheproductslistedinArticle1(1),ofthedifferencebetweenthepricesintheCommunityontheonehandandontheworldmarket on the other of the quantity of feed-grain needed in theCommunitytoproduceonekilogramofeggsinshellandhavingregard,inthecaseofproductsotherthaneggsinshell,tothequantityofeggsinshell used in the manufacture of such products and/or the average ratiobetween the commercial values of the egg constituents.
5. WhenpricesintheCommunityreferredtoinparagraph1arebeing
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) themostfavourablepricesinthirdcountriesofdestinationforthird-
country imports;
(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.6. Refunds on products listed in Article 1 (1) and exported without
furtherprocessingshallonlybegrantedonapplicationandonpresenta-tionoftherelevantexportlicence,exceptinthecaseofeggsforhatchingwhere a licence may be granted ex post.
7. TherefundapplicabletoexportsofproductslistedinArticle1(1)
exportedwithoutfurtherprocessingshallbethatapplicableonthedayofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,thatapplicable 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 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.
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 inaccordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.
9. Paragraphs6and7maybewaivedinthecaseofproductslistedin
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
1994R3290 — EN — 01.07.1996 — 001.001 — 65
▼B
— 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 in accordancewith the procedure laid down in Article 17, provided conditions arelaid 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 thirdcountries, 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 therefund 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
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
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,detailedrulesfortheapplicationofparagraph8totheproductsreferredtoinArticle1(1)exportedintheformofgoodslistedinAnnexIshallbeadoptedinaccordancewiththeprocedurelaiddowninArticle16 of Regulation (EC) No 3448/93.
Article 9
1. To the extent necessary for the proper working of the commonorganization of the market in eggs, the Council, acting on a proposalfromtheCommissioninaccordancewiththevotingprocedurelaiddowninArticle43(2)oftheTreaty,mayinspecialcasesprohibitinwholeorin part the use of inward processing traffic in respect of:
— products listed in Article 1 (1) which are intended for the manufac-
ture 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
paragraph1ariseswithexceptionalurgencyandtheCommunitymarketisdisturbedorisliabletobedisturbedbytheinwardprocessingarrange-ments,theCommissionshall,attherequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theCouncilandtheMember States shall be notified of such measures, which shall be validfornomorethansixmonthsandshallbeimmediatelyapplicable.IftheCommission receives a request from a Member State, it shall take adecision 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.
Article 10
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe 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:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— the application of any quantitative restriction or measure having
equivalent effect.
1994R3290 — EN — 01.07.1996 — 001.001 — 66
▼B
Article 11
1. If, by reason of imports or exports, the Community market in oneor more of the products listed in Article 1 (1) is affected by, or isthreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmay be applied in trade with third countries until such disturbance orthreat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,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 Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
2. Article 12 is deleted.
II. CouncilRegulation(EEC)No2773/75of29October1975(OJNoL282,1.
11.1975,p.64),aslastamendedbyRegulation(EEC)No4155/87(OJNoL 392, 31. 12. 1987, p. 29).
CouncilRegulation(EEC)No2774/75of29October1975(OJNoL282,1.
11. 1975, p. 68).
CouncilRegulation(EEC)No2775/75of1October1975(OJNoL282,1.
11. 1975, p. 72).
The above Regulations are repealed.
B. OVALBUMINAN D LACTALBUMIN
CouncilRegulation(EEC)No2783/75of29October1975(OJNoL282,1.
11.1975,p.104),aslastamendedbyRegulation(EEC)No4001/87(OJNoL 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. ImportsintotheCommunity,ofanyoftheproductslistedinArticle
1►C3may be subject ◄to presentation of an import licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dice to measures taken for the application of Article 4.
ImportlicencesshallbevalidthroughouttheCommunity.Suchlicences
shallbeissuedsubjecttothelodgingofasecurityguaranteeingthattheproductsareimportedduringthetermofvalidityofthelicence;exceptincasesof force majeure ,thesecurityshallbeforfeitedonwholeorinpart
if import is not carried out, or is only carried out partially, within thatperiod.
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 of Regulation (EEC) No 2771/75.'
1994R3290 — EN — 01.07.1996 — 001.001 — 67
▼B
3. Article 3 is replaced by the following:
‘Article 3
1. In order to prevent or counteract adverse effects on the market in
theCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those notified by the Community to the World Trade Organ-ization.
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 inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment under consideration.
Cifimportpricesshallbecheckedtothatendagainsttherepresentative
pricesfortheproductontheworldmarketorontheCommunityimportmarket for that product.
4. The Commission shall adopt detailed rules for the application of
thisArticleinaccordancewiththeprocedurelaiddowninArticle17ofRegulation (EEC) No 2771/75. Such detailed rules shall specify inparticular:
(a) theproductstowhichadditionalimportdutiesshallbeappliedunder
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
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle17of 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),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the simultaneous examinationmethod),
— methodbasedontakingtraditionaltradepatternsintoaccount(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
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, if necessary to be openedand, where appropriate, for:
(a) guarantees covering the nature, provenance and origin of the
product;
1994R3290 — EN — 01.07.1996 — 001.001 — 68
▼B
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirterm
of validity.'
5. Article 5 is replaced by the following:
‘Article 5
WherepricesontheCommunitymarketrisesignificantlyandwherethat
situationislikelytocontinue,therebydisturbingorthreateningtodisturbthat 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 theapplication 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 in accordance with the voting procedure laid down in Article 43(2) of the Treaty on a proposal from the Commission, may, in specialcases,prohibitinwholeorinparttheuseofinwardprocessingarrange-mentsinrespectofproductslistedinArticle1whichareintendedforthemanufacture of products listed in that Article.
2. In derogation from paragraph 1, if the situation referred to in
paragraph1ariseswithexceptionalurgencyandtheCommunitymarketisdisturbedorisliabletobedisturbedbytheinwardprocessingarrange-ments,theCommissionshall,attherequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theCouncilandtheMember States shall be notified of such measures, which shall be validfornomorethansixmonthsandshallbeimmediatelyapplicable.IftheCommission receives a request from a Member State, it shall take adecision 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 theywerenotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.'
7. Article 8 is replaced by the following:
‘Article 8
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— the application of any quantitative restriction or measure having
equivalent effect.'
1994R3290 — EN — 01.07.1996 — 001.001 — 69
▼B
ANNEX XIII
FRUIT AND VEGETABLES
I.Council Regulation (EEC) No 1035/72 of 18 May 1972 (OJNo L 118, 20. 5.
1972, p. 1), as last amended by Regulation (EC) No 3669/93 (OJNo 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
productslistedinArticle1(2)shallbesubjecttopresentationofanimportor export licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespective
of his place of establishment in the Community and without prejudice tomeasures taken for the application of Articles 25 and 26.
Import and export licences shall be valid throughout the Community; such
licencesshallbeissuedsubjecttothelodgingofasecurityguaranteeingthatthe products are imported or exported during the term of validity of thelicence; except in cases of force majeure , the security shall be forfeited in
wholeorinpartifimportorexportisnotcarriedout,orisonlycarriedoutpartially, within that period.
2. Thetermofvalidityoflicencesandotherdetailedrulesfortheapplica-
tion of this Article shall be adopted in accordance with the procedure laiddown in Article 33.
Article 23
1. SaveasotherwiseprovidedforinthisRegulation,theratesofdutyin
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
Tariffdependontheentrypriceoftheimportedconsignment,theveracityofthis price shall be checked using a flat-rate import value calculated by theCommission depending on the origin and product on the basis of theweighted average prices for the products in question on Member States’representative import markets or on other markets where applicable.
3. Wherethedeclaredentrypriceoftheconsignmentinquestionishigher
thantheflat-rateimportvalue,increasedbyamarginsetinaccordancewithparagraph5whichmaynotexceedtheflat-ratevaluebymorethan10%,thelodging of a security equal to the import duties determined on the basis ofthe flat-rate import value shall be required.
4. Iftheentrypriceoftheconsignmentinquestionisnotdeclaredatthe
time of customs clearance, the application of the rates of duty in theCommon Customs Tariff depends on the flat-rate import value or theapplicationoftherelevantprovisionsofcustomslegislationunderconditionsto be determined in accordance 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 inArticle 1, imports of one or more of such products at the rate of duty laiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyif the conditions set out in Article 5 of the Agreement on AgricultureconcludedinaccordancewithArticle228oftheTreatyintheframeworkofthe 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 duty may be imposed
shallbethosenotifiedbytheCommunitytotheWorldTradeOrganization.
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
1994R3290 — EN — 01.07.1996 — 001.001 — 70
▼B
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.
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 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 Article 33. Suchdetailed rules shall specify in particular:
(a) theproductstowhichadditionalimportdutiesmaybeappliedpursuant
to Article 5 of the Agreement on Agriculture;
(b) theothercriterianecessaryforapplicationofparagraph1inaccordance
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 multilat-eraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailed rules adopted under the procedure laid down in Article 33.
2. Quotasmaybeadministeredusingoneofthefollowingmethodsorby
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 balanceon that market, and may draw on methods applied in the past to quotascorresponding to those referred to in paragraph 1, without prejudice to anylevies arising from agreements concluded in the course of the UruguayRound of trade 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;
(b) recognitionofthedocumentusedforverifyingtheguaranteesreferredto
in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirtermof
validity.
Article 26
1. Totheextentnecessarytoenableeconomicallysignificantquantitiesof
theproductslistedinArticle1(2)tobeexportedonthebasisofthepricesof these products in international trade and within the limits resulting fromagreements concluded in accordance with Article 228 of the Treaty, thedifference between those prices and prices in the Community may becovered 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 theresourcesavailableandtakingaccountoftheefficiencyandstructureofCommunity exports without, however, creating discrimination betweenlarge and small operators;
(b) is least cumbersome administratively for operators, taking account of
administration requirements;
1994R3290 — EN — 01.07.1996 — 001.001 — 71
▼B
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.Wheretheinternationaltradesituationorthespecificrequirementsofcertain
markets make this necessary, the refund for a given product may varyaccording to the destination of the product.
RefundsshallbefixedinaccordancewiththeprocedurelaiddowninArticle
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 oron 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
marketstoportsandotherpointsofexportintheCommunity,aswellascostsincurredinplacinggoodsonthemarketofthecountryofdestina-tion;
(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
beingdeterminedthepriceswhicharemostfavourablefromtheexportationpoint of view shall be taken into account.
When the world market prices referred to in paragraph 1 are being deter-
mined 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. Refundsshallonlybegrantedonapplicationandonpresentationofthe
relevant export licence.
7. TherefundapplicabletoexportsofproductslistedinArticle1(2)shall
bethatapplicableonthedayofapplicationforthelicenceand,inthecaseofa 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 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.
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, inaccordance 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,inthecaseofadifferentiatedrefund,theproductshavereachedthe
destination indicated on the licence or another destination for which arefund was fixed, without prejudice to paragraph 7 (b). Exceptions maybe made to this rule in accordance with the procedure laid down inArticle 33, provided conditions are laid down which offer equivalentguarantees.
10. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredonthebasisoftheexportcertificatesissuedforthereferenceperiodsprovidedforthereinandapplicabletotheproductsconcerned.Withregardtocompli-ance with the obligations arising under the Agreement on Agriculture, theending of a reference period shall not affect the validity of export licences.
1994R3290 — EN — 01.07.1996 — 001.001 — 72
▼B
11. DetailedrulesfortheapplicationofthisArticle,includingprovisions
fortheredistributionofexportablequantitiesnotallocatedornotused,shallbe adopted ►
C2in accordance with the procedure laid down in Article
33.◄
Article 27
1. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited when importing theproducts listed in Article 1 (2) from third countries:
— the levying of any charge having equivalent effect to a customs duty,
— theapplicationofanyquantitativerestrictionormeasurehavingequiva-
lent effect.
2. 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.
Article 28
1. Appropriate measures may be taken when trading with third countries
if,byreasonofimportsorexports,theCommunitymarketinoneormoreofthe products listed in Article 1 (2) is affected by, or is threatened with,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetout in Article 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 withdrawnor bought in have diminished appreciably.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewith
the procedure laid down in Article 43 (2) of the Treaty, shall adopt thegeneralrulesforapplicationofthisparagraphandshalldefineinwhatcasesand within what limits Member States may take protective measures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfrom a Member State, it shall take a decision thereon within three workingdays 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.'
II.Council Regulation (EEC) No 2518/69 of 9 December 1969 (OJNo L 318,
18. 12. 1969, p. 17), as last amended by Regulation (EEC) No 2455/72 (OJNo L 266, 14. 11. 1972, p. 7)
Council Regulation (EEC) No 2707/72 of 19 December 1972 (OJNo L 291,
28. 12. 1972, p. 3)
Council Regulation (EEC) No 1200/88 of 28 April 1988 (OJNo L 115, 3. 5.
1988, p. 7), as last amended by Regulation (EEC) No 3821/90 (OJNo L366, 29. 12. 1990, p. 45)
The above Regulations shall be repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 73
▼B
ANNEX XIV
PROCESSED FRUIT AND VEGETABLES
I.Council Regulation (EEC) No 426/86 of 24 February 1986 ( OJNo L 49,
27. 2. 1986, p. 1), as last amended by Regulation (EC) No 1490/94 (OJNo L161, 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.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,irrespec-
tive of his place of establishment in the Community and without preju-dicetomeasurestakenfortheapplicationofArticles12,13,14and14a.
Import and export licences shall be valid throughout the Community.
The issue of such licences may be subject to the lodging of a securityguaranteeingthattheproductsareimportedorexportedduringthetermof 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 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. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22.
Article 10a
1. Aminimumimportpriceforthe1995,1996,1997,1998and1999
marketingyearsshallbefixedfortheproductslistedinPartBofAnnexI. The minimum import price shall be determined having regard inparticular 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
chargeinadditiontocustomsdutyshallbeimposed,basedonthepricesof 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 importpricemaybefixedforproductsinimmediatepackingofanetweighttobe 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. Theminimumimportpricetobeobservedfordriedgrapesshallbe
that applicable on the day of importation. The countervailing charge tobe levied, if any, shall be that which is applicable on the same day.
5. The minimum price to be observed for import of
►
C2 ◄processedcherriesshallbethatapplicableonthe
day of acceptance of entry for free circulation.
1994R3290 — EN — 01.07.1996 — 001.001 — 74
▼B
6. Countervailingchargesfordriedgrapesshallbefixedbyreference
toascaleofimportprices.Thedifferencebetweentheminimumimportprice and each step of the scale shall be:
— 1% of the minimum price for the first step,
— 3,6and9%,respectively,oftheminimumpriceforthesecond,third
and fourth steps.
Thefifthstepofthescaleshallcoverallcaseswheretheimportpriceis
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 amountdetermined on the basis of the most favourable prices applied on theworld market for significant quantities by the most representative non-member countries.
7. Wheretheimportpricefor ►
C2 ◄processedcher-
ries is less than the minimum price for those products, a countervailingcharge equal to the difference between those prices shall be levied.
8. The minimum import price, the amount of the countervailing
chargeandtheotherrulesfortheimplementationofthisArticleshallbeadopted 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
theCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 theCommunity market, or where the effects would be disproportionate tothe intended objective.
2. Thetriggerpricesbelowwhichanadditionaldutymaybeimposed
shall be those forwarded by the Community to the World Trade Organ-izationinaccordancewithitsoffertabledduringtheUruguayRoundofmultilateral 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 inwhichtheadverseeffectsreferredtoinparagraph1ariseorarelikelytoarise.
3. The import prices to be taken into consideration for imposing an
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices of the consignment in question.
The cif import prices shall be verified for this purpose on the basis of
representiativepricesfortheproductinquestionontheworldmarketoron 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) theproductstowhichadditionalimportdutiesmaybeappliedunder
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. TariffquotasfortheproductslistedinArticle1(1)resultingfrom
agreementsconcludedintheframeworkoftheUruguayRoundofmulti-lateraltradenegotiationsshallbeopenedandadministeredinaccordancewithdetailedrulesadoptedundertheprocedurelaiddowninArticle22.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— methodbasedonchronologicalorderofthelodgmentofapplications
(“first come, first served” principle),
— methodofdistributioninproportiontothequantitiesrequestedwhen
the applications were lodged (using the “simultaneous examination”method),
1994R3290 — EN — 01.07.1996 — 001.001 — 75
▼B
— methodbasedontakingtraditionaltradepatternsintoaccount(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 thesametimepossiblydrawingonmethodswhichmayhavebeenappliedinthe 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 theadministrative method to be used and, where appropriate, shall include:
(a) guaranteescoveringthenature,provenanceandoriginoftheproduct,
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) theconditionsunderwhichimportlicencesareissuedandtheirterm
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 CNcode 1701,
— glucose and glucose syrup falling within CNcodes 17023051,
17023059, 17023091, 17023099 and 17024090,
— isoglucose falling within CNcodes 17023010, 17024010,
17026010 and 17029030, and
— beet and cane syrups falling within CNcode 17029090,
used in the products listed in Article 1 (1) (b),onthebasisofpricesforthoseproductsininternationaltradeandwithin
the limits resulting from agreements concluded in accordance withArticle228oftheTreaty,thedifferencebetweenthosepricesandpricesin the Community may be covered by export refunds.
2. Themethodtobeadoptedfortheallocationofthequantitieswhich
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 theresourcesavailableandhavingregardtotheeffectivenessandstruc-tureofCommunityexportswithout,however,creatingdiscriminationbetween large and small operators;
(b) isleastcumbersomeadministrativelyforoperators,takingaccountof
administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.Wherethesituationininternationaltradeorthespecificrequirementsof
certainmarketsmakethisnecessary,therefundonagivenproductmaybe 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.
Refundsfixedatregularintervals,may,ifnecessary,beamendedinthe
interval by the Commission at the request of a Member State or on itsown initiative.
4. Refundsshallonlybegrantedonapplicationandonpresentationof
the relevant export licence.
5. Therefundapplicabletoexportsshallbethatapplicableontheday
ofapplicationforthelicenceand,inthecaseofadifferentiatedrefund,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.
1994R3290 — EN — 01.07.1996 — 001.001 — 76
▼B
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
whichrefundsarepaidunderfood-aidoperations,inaccordancewiththeprocedure laid down in Article 22.
7. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
8. Detailed rules for the application of this Article, including provi-
sions on redistribution of unallocated or unused exportable quantities,shall be adopted in accordance with the procedure laid down in Article22.
Article 14
1. ThisArticleshallapplytotherefundsreferredtoinArticle13(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
marketstoportsorotherpointsofexportintheCommunity,aswellas 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 whichthe refund was fixed, without prejudice to Article 13 (5) (b).However,exceptionsmaybemadetothisruleinaccordancewiththeprocedurelaiddowninArticle22,providedconditionsarelaiddownwhich offer equivalent guarantees.
5. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22.
Article 14a
1. ThisArticleshallapplytotherefundsreferredtoinArticle13(1)
(b).
2. The amount of the refund shall equal:
— forrawsugar,whitesugarandbeetandcanesyrup,theamountofthe
export refund for such products in the unprocessed state, fixed inaccordancewithArticle17ofCouncilRegulation(EEC)No1785/81of 30 June 1981 on the common organization of the markets in thesugar sector and its implementing provisions,
1994R3290 — EN — 01.07.1996 — 001.001 — 77
▼B
— forisoglucose,theamountoftheexportrefundforthatproductinits
unprocessedstate,fixedinaccordancewithArticle17ofRegulation(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 thoseproductsinaccordancewithArticle13ofCouncilRegulation(EEC)No 1766/92 of 30 June 1992 on the common organization of themarkets in cereals, and its implementing provisions.
3. In order to benefit from the refund, processed products must be
accompanied,uponexport,byadeclarationfromtheapplicantstatingthequantities of raw and white sugar and beet and cane syrups, isoglucose,glucose and glucose syrup used in manufacture.
Theaccuracyofthedeclarationreferredtointhefirstparagraphshallbe
subject to checking by the competent authorities of the Member Statesconcerned.
4. Iftherefundisinsufficienttoallowexportoftheproductslistedin
Article 1 (1) (b), the provisions laid down for the refund referred to inArticle13(1)(a)shallapplytothoseproductsinsteadofthoseinArticle13 (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.
Inthecasecoveredbysubparagraph(b),therefundoneachproductshall
beequaltothedutiescollectedonimportationwherethelatterarelowerthantherefundapplicable;wherethedutiescollectedonimportationarehigher 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 for whichthe refund was fixed, without prejudice to Article 13 (5) (b).However,exceptionsmaybemadetothisruleinaccordancewiththeprocedurelaiddowninArticle22,providedconditionsarelaiddownwhich offer equivalent guarantees.
7. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22.
Article 15
1. To the extent necessary for the proper working of the common
organizationofthemarketsincereals,sugarandfruitandvegetables,theCouncil, acting in accordance with the voting procedure laid down inArticle43(2)oftheTreatyonaproposalfromtheCommission,may,inparticularcases,prohibitinwholeorinparttheuseofinwardprocessingarrangements 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 theCommunitymarketisdisturbedorisliabletobedisturbedbytheinwardprocessing arrangements, the Commission shall, at the request of aMember State or on its own initiative decide upon the necessary meas-ures; the Council and the Member States shall be notified of suchmeasures,whichshallbevalidfornomorethansixmonthsandshallbeimmediately applicable. If the Commission receives a request from aMember State, it shall take a decision thereon within a week followingreceipt of the request.
3. TheCommission’sdecisionmaybereferredtotheCouncilbyany
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
1994R3290 — EN — 01.07.1996 — 001.001 — 78
▼B
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
levyexceedingECU5per100kilogramsischargedonexportsofwhitesugar,theimpositionofachargeonexportsoftheproductsspecifiedinArticle1(1)containingaminimumof35%addedsugarmaybedecidedin accordance with the procedure laid down in Article 22.
2. Theamountoftheexportchargeshallbefixedtakingintoaccount:
— the nature of the product processed from fruit of vegetables which
contains added sugar,
— the added sugar content of the product in question,— thepricesofwhitesugarintheCommunityandontheworldmarket,— 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
figureshownagainsttheproductinquestionincolumn1ofAnnexIIItothis Regulation.
However, at the request of the exporter, if the added sugar content per
100 kilograms net weight of product, established in accordance withparagraph 4, is two kilograms or more below the content expressed bythe figure for the product in question appearing in column 1 of AnnexIII,thecontentestablishedinaccordancewithparagraph4shallbeused.
4. TheaddedsugarcontentoftheproductslistedinAnnexIIIshallbe
consideredtomeanthereadingobtainedbyusingarefractometer,multi-plied by 0,93 in the case of products falling within CNcode 2008,excluding CNcodes 20081110, 20089100, 20089985 and20089991,andby0,95inthecaseofotherproductslistedinAnnexIIIand reduced by the figure for the product in question appearing incolumn 2 of Annex III.
5. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 22.
Article 17
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the tariffclassification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall be incor-porated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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 isthreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmay be applied in trade with third countries until such disturbance orthreat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladoptthegeneralrulesforapplicationofthisparagraphandshalldeter-mine the cases in which and limits within which Member States maytake 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, 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.
1994R3290 — EN — 01.07.1996 — 001.001 — 79
▼B
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
2. Annexes II and IV are deleted.
II.Council Regulation (EEC) No 518/77 of 14 March 1977 (OJNo L 73, 21. 3.
1977, p. 22)
Council Regulation (EEC) No 519/77 of 14 March 1977 (OJNo L 73, 21. 3.
1977, p. 24)
Council Regulation (EEC) No 520/77 of 14 March 1977 (OJNo L 73, 21. 3.
1977, p. 26)
Council Regulation (EEC) No 521/77 of 14 March 1977 (OJNo 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 (OJNo 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 (OJNo L 288,
21. 10. 1988, p. 11)
Council Regulation (EEC) No 1201/88 of 28 April 1988 (OJNo L 115, 3. 5.
1988, p. 9), as last amended by Regulation (EEC) No 2781/90 (OJNo L265, 28. 9. 1990, p. 3)
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 80
▼B
ANNEX XV
BANANAS
Council Regulation (EEC) No 404/93 of 13 February 1993 (OJNo L 47, 25. 2.
1993, p. 1), as last amended by Regulation (EC) No 3518/93 (OJNo 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 inArticle 1, imports of one or more of such products at the rate of duty laiddowninArticle10shallbesubjecttopaymentofanadditionalimportdutyiftheconditionssetoutinArticle5oftheAgreementonAgricultureconcludedin accordance with Article 228 of the Treaty in the framework of theUruguay Round of multilateral trade negotiations have been fulfilled unlessthe imports are unlikely to disturb the Community market, or where theeffects would be disproportionate 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 TradeOrganization.
Thetriggervolumeswhichmustbeexceededforanadditionalimportdutyto
be imposed shall be determined in particular on the basis of Communityimportsoverthethreeyearsprecedingtheyearinwhichtheadverseeffectsreferred to in 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 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
5. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 27. Suchdetailed rules shall specify in particular:
(a) theproductstowhichadditionalimportdutiesshallbeapplied,inaccord-
ance 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 CNcode ex 0803, excluding plantains.
For the purposes of this Title:
(a) “traditional imports from ACP States” means the quantities of bananas
setoutintheAnnexexportedbyeachACPStatewhichhastraditionallyexportedbananastotheCommunity;suchbananasshallbereferredtoas“traditional ACP bananas”;
(b) “non-traditional imports from ACP States” means the quantities of
bananas exported by the ACP States which exceed the quantity definedin 1; such bananas shall be referred to as “non-traditional bananas”;
(c) “imports from non-ACP third countries” means quantities exported by
otherthirdcountries;suchbananasshallbereferredtoas“third-country-bananas”;
(d) “Community bananas” means bananas produced in the Community;
(e) “tomarket”and“marketing”meanplacingonthemarket,notincluding
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, suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaranteeingthattheproductsareimportedincompliancewiththisRegulation,duringthetermofvalidityofthelicence;saveincasesof force majeure ,thesecurityshallbe
1994R3290 — EN — 01.07.1996 — 001.001 — 81
▼B
forfeitedinwholeorinpartifimportisnotcarriedout,orisonlycarriedout
partially, 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
shallbesubjecttoalevyofECU75pertonneandimportsofnon-traditionalACP 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
referredtoinArticle16increases,thevolumeofthequotashallbeincreasedin consequence, in accordance with the procedure laid down in Article 27.Any such adjustment shall be made before 30 November preceding themarketing 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 ArticleshallbesubjecttoacustomsdutypertonneequaltothedutyreferredtoinArticle 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 quotareferred to in paragraph 1.
4. TheamountsreferredtointhisArticleshallbeconvertedintonational
currencyattherateapplicabletotheproductsconcernedinconnectionwiththe Common 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
Thegeneralrulesfortheinterpretationofthecombinednomenclatureandthe
special rules for its application shall apply to the classification of productscovered by this Regulation; the tariff nomenclature resulting from theapplicationofthisRegulationshallbeincorporatedintheCommonCustomsTariff.'
7. Article 23 is replaced by the following:
‘Article 23
1. If, by reason of imports or exports, the Community market in one or
moreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetout in Article 39 of the Treaty, appropriate measures may be taken in tradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbancehasceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewith
the voting procedure laid down in Article 43 (2) of the Treaty, shall adoptgeneral rules for the application of this paragraph and shall determine thecasesinandlimitswithinwhichMemberStatesmaytakeinterimprotectivemeasures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfrom a Member State, it shall take a decision thereon within three workingdays following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
CouncilbyanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,actingbyaqualified majority, 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.
5. This Article shall be applied having regard to the obligations arising
from international agreements concluded in accordance with Article 228 (2)of the Treaty.'
1994R3290 — EN — 01.07.1996 — 001.001 — 82
▼B
ANNEX XVI
WINE
I.Coucil Regulation (EEC) No 822/87 of 16 March 1987 (OJNo L 84, 27. 3.
1987, p. 1), as last amended by Regulation (EEC) No 1891/94 (OJNo L197, 30. 7. 1994, p. 42)
1. Title IV is replaced by the following:
‘TITLE IV
Trade with third countries
Article 52
1. ImportsintotheCommunityofanyoftheproductslistedinArticle
1 (2) (a) and (b) shall be subject to presentation of an import licence.ImportsintotheCommunityofanyotherproductslistedinArticle1(2)andexportsfromtheCommunityofanyproductslistedinArticle1(2)may be subject to presentation of an import or export licence.
2. LicencesshallbeissuedbyMemberStatestoanyapplicant,irres-
pective 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.Suchlicencesshallbeissuedsubjecttothelodgingofasecurityguaran-
teeing that the products are imported or exported during the term ofvalidityofthelicence;saveincasesof force majeure ,thesecurityshall
beforfeitedinwholeorinpartifimportorexportisnotcarriedout,orisonly carried out partially, within that period.
3. The following shall be adopted in accordance with the procedure
laid down in Article 83:
(a) thelistofproductsinrespectofwhichimportorexportlicencesare
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. FormustsfallingwithinCNcodes200960and220430 ◄
for which application of the duties in the Common Customs Tariffdependsontheimportpriceoftheproductimported,theaccuracyofthatpriceshallbecheckedbymeansofaflat-rateimportvaluecalculatedbytheCommissiondependingontheoriginandproductonthebasisoftheweightedaveragepricesfortheproductsinquestiononMemberStates’representative import market or on other markets where applicable.
Wherethedeclaredentrypriceoftheconsignmentinquestionishigher
than the flat-rate import value, increased by a margin set in accordancewithparagraph3whichmaynotexceedtheflat-ratevaluebymorethan10%,thelodgingofasecurityequaltotheimportdutiesdeterminedonthe 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 theCommon Customs Tariff depends on the flat-rate import value or theapplicationoftherelevantprovisionsofcustomslegislationundercondi-tions to be determined in accordance with paragraph 3.
3. The detailed rules for the application of this Article shall be
adoptedinaccordancewiththeprocedurelaiddowninArticle83.Suchdetailed rules shall include the provisions necessary for the verificationof import prices.
Article 54
1. In order to prevent or counteract adverse effects on the market in
theCommunitywhichmayresultfromimportsofcertainproductslistedinArticle1,importsofoneormoreofsuchproductsattherateofdutylaid 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 in
1994R3290 — EN — 01.07.1996 — 001.001 — 83
▼B
the framework of the Uruguay Round of multilateral trade negotiations
have 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
imposedshallbethoseforwardedbytheCommunitytotheWorldTradeOrganization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined in particular on the basis ofCommunityimportsoverthethreeyearsprecedingtheyearinwhichtheadverseeffectsreferredtoinparagraph1haveoccurredorarelikelytooccur.
3. Theimportpricestobetakenintoaccountfortheimpositionofan
additionalimportdutyshallbedeterminedonthebasisofthecifimportprices 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 oron the Community import market for the product.
4. The Commission shall adopt detailed rules for the application of
thisArticleinaccordancewiththeprocedurelaiddownintheArticle83.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) theothercriterianecessaryforapplicationofparagraph1inaccord-
ance 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) sugarsfallingwithCNcode1701,glucoseandglucosesyrupfalling
within CNcodes 17023091, 17023099, 17024090 and17029050, including in the form of products falling within CNcodes17023051and17023059,incorporatedintoproductsfallingwithin CNcodes 20096011, 20096071, 20096079 and22043099;
onthebasisofpricesforthoseproductsininternationaltradeandwithin
the limits resulting from agreements concluded in accordance withArticle228oftheTreaty,thedifferencebetweenthosepricesandpricesin the Community 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) isthebestsuitedtothenatureoftheproductandtothesituationon
themarketinquestion,enablingthemostefficientusepossibletobemadeoftheavailableresources,andhavingregardtotheefficiencyand structure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) istheleastcumbersomeadministrativelyforoperators,havingregard
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 internationalmarket or the specific requirements of certain markets make this neces-sary.
The refunds referred to in paragraph 1 (a) shall be fixed in accordance
withtheprocedurelaiddowninArticle83.Theyshallbefixedatregularintervals.
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.
The provisions of Article 56 regarding the products referred to therein
shall apply on a supplementary basis.
4. Refundsshallbegrantedonlyonapplicationandonpresentationof
the relevant export licence.
1994R3290 — EN — 01.07.1996 — 001.001 — 84
▼B
5. TherefundapplicabletoexportsofproductslistedinArticle1shall
be that applicable on the day of application for the licence and, in thecase of a differentiated refund, that applicable on the same day:
(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.
6. Paragraphs4and5maybewaivedinthecaseofproductslistedin
Article1onwhichrefundsarepaidunderfood-aidoperations,inaccord-ance with the procedure laid down in Article 83.
7. Compliance with the limits on volumes arising from agreements
concludedinaccordancewithArticle228oftheTreatyshallbeensuredon 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.
Withregardtocompliancewiththeobligationsarisingunderagreements
concludedintheframeworkoftheUruguayRoundoftradenegotiations,the ending of a reference period shall not affect the validity of exportlicences.
8. Detailed rules for the application of this Article, including provi-
sions on redistribution of unallocated or unused exportable quantities,shall be adopted in accordance with the procedure laid down in Article83.
Article 56
1. ThisArticleshallapplytotherefundsreferredtoinArticle55(1).2. TheamountoftherefundforproductsreferredtoinArticle55(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 withArticle17ofCouncilRegulation(EEC)No1785/81of30June1981on 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 theseproductsinaccordancewithArticle13ofCouncilRegulation(EEC)No 1766/92 of 30 June 1992 on the common organization of themarketincerealsandwiththeprovisionsadoptedforitsapplication.
Toqualifyfortherefund,processedproductsmust,onexport,beaccom-
paniedbyadeclarationfromtheapplicantindicatingtheamountsofrawsugar,whitesugar,glucoseandglucosesyrupusedintheremanufacture.
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:
— pricesandavailabilityoftheproductslistedinArticle55(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,
whicharetoensurebalanceonthemarketandnaturaldevelopmentin respect of prices and trade;
(d) limits arising out of agreements concluded in accordance with
Article 228 of the Treaty;
1994R3290 — EN — 01.07.1996 — 001.001 — 85
▼B
(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.
Thefollowingshallbetakenintoaccountthepricesininternationaltrade
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 actuallygrantedistobefixedandtheamountatwhichthatrefundistobefixedshall be determined in accordance with the procedure laid down inArticle 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 indi-
catedonthelicenceoranotherdestinationforwhichtherefundwasfixed, without prejudice to Article 55 (5) (b). However, exceptionsmaybemadetothisruleinaccordancewiththeprocedurelaiddownin Article 83, provided that conditions are laid down which offerequivalent guarantees.
Additionalprovisionsmaybeadoptedinaccordancewiththeprocedure
laid down in Article 83.
7. Noexportrefundshallbegrantedonproductsimportedfromthird
countries and re-exported to third countries, unless the exporter provesthat:
— 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 therefund applicable; where the duties collected on importation are higherthan 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 proposalfromtheCommissioninaccordancewiththevotingproceduresetoutinArticle 43 (2) of the Treaty, may in particular cases prohibit the use ofinward processing arrangements wholly or partially in respect of theproducts listed in Article 1.
2. Bywayofderogationfromparagraph1,ifthesituationreferredto
in that paragraph occurs with particular urgency and if the Communitymarket is, or is likely to be, disturbed by outward or inward processingarrangements,theCommissionshall,attherequestofaMemberStateoron its own initiative, decide upon the necessary measures; the CouncilandtheMemberStatesshallbenotifiedofsuchmeasures,theperiodofvalidity of which may not exceed six months and which shall applyimmediately.IftheCommissionreceivesarequestfromaMemberState,itshalltakeadecisionthereonwithinoneweekofreceiptoftherequest.
3. TheCommission’sdecisionmaybereferredtotheCouncilbyany
MemberStatewithinoneweekofthedayonwhichitwasnotified.TheCouncil,actingbyaqualifiedmajority,mayconfirm,amendorannultheCommission’sdecision.IftheCouncilhasnotreachedadecisionwithinthree months, the Commission’s decision shall be deemed to have beenrepealed.
Article 58
1. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclature
1994R3290 — EN — 01.07.1996 — 001.001 — 86
▼B
resultingfromtheapplicationofthisRegulationshallbeincorporatedin
the Common Customs Tariff.
2. Save as otherwise provided for this Regulation or pursuant to a
provision thereof, the following shall be prohibited:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty;
— 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
alcoholhasbeenadded,withtheexceptionofthoseproductsequivalentto products 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 inaccordance 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 isthreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmay be applied in trade with third countries until such disturbance hasceased.
In order to assess whether the situation justifies the application of such
measures, the following in particular must be taken into account:
(a) thequantitiesinrespectofwhichimportlicenceshavebeenissuedor
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
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,shalladopt general rules for the application of this paragraph and define thecases in which and the limits within which Member States may takeinterim 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, 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. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.
Article 61
1. Imported wine intended for direct human consumption and
describedwiththeaidofageographicalascriptionmaybeeligible,withregard to its marketing in the Community and with the proviso thatreciprocityexists,forthecontrolandprotectionarrangementsreferredtoinArticle16ofRegulation(EEC)No823/87forqualitywinesproducedin specified regions.
2. The provision laid down in paragraph 1 shall be implemented by
meansofagreementswithinterestedthirdcountriestobenegotiatedandconcludedinaccordancewiththeprocedurelaiddowninArticle113ofthe Treaty.
3. DetailedrulesfortheapplicationofthisArticleshallbeadoptedin
accordance with the procedure laid down in Article 83.'
1994R3290 — EN — 01.07.1996 — 001.001 — 87
▼B
2. The following is inserted after Article 72:
‘Article 72a
1. The Member States shall take all necessary measures to enable
interestedpartiestoprevent,onthetermsstipulatedinArticles23and24of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, the use in the Community of a geographical indication attachedtotheproductsreferredtoinArticle1(2)(b)forproductsnotoriginatingin the place indicated by a geographical indication in question, evenwhere the true origin of the goods is indicated or the geographicalindication is used in translation or accompanied by expressions such as“kind”, “type”, “style”, “imitation” or the like.
For the purposes of this Article, “geographical indications” is taken to
mean indications which identify a product as originating in the territoryofathirdcountrywhichisamemberoftheWorldTradeOrganizationorin a region or locality within that territory, in cases where a certainquality, reputation or other given characteristic of the product may beattributed essentially to that geographical place of origin.
2. Paragraph1shallapplynotwithstandingotherspecificprovisionsin
Communitylegislationlayingdownrulesforthedesignationandpresen-tation of the products referred to in Article 1 (2) (b).
3. DetailedrulesfortheapplicationofthisArticleshallbeadopted,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 (OJNo L 54, 5. 3.
1979, p. 67)
Council Regulation (EEC) No 345/79 of 5 February 1979 (OJNo L 54, 5. 3.
1979, p. 69) as amended by Regulation (EEC) No 2009/81 (OJNo L 195,18. 7. 1981, p. 6)
The above Regulations are repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 88
▼B
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 productscovered by this Regulation.
2. SaveasotherwiseprovidedforinthisRegulationorinprovisionsadopted
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,byreasonofimportsorexports,theCommunitymarketinoneormore
of the products listed in Article 1 is affected by, or is threatened with, seriousdisturbance likely to jeopardize the achievement of the objective set out inArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountries until such disturbance of threat of disturbance has ceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewiththe
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt thegeneralrulesfortheapplicationofthisparagraphandshalldefineinwhatcasesand within what limits Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
therequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theMemberStatesshallbenotifiedofsuchmeasures,whichshallbeimmediately applicable. If the Commission receives a request from a MemberState,itshalltakeadecisionthereonwithinthreeworkingdaysfollowingreceiptof the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtotheCouncil
byanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified. 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.'
1994R3290 — EN — 01.07.1996 — 001.001 — 89
▼B
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 (OJNo 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 productscovered by this Regulation.
2. SaveasotherwiseprovidedforinthisRegulationorinprovisionsadopted
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,byreasonofimportsorexports,theCommunitymarketinoneormore
of the products listed in Article 1 is affected by, or is threatened with, seriousdisturbance likely to jeopardize the achievement of the objective set out inArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountries until such disturbance of threat of disturbance or disturbance hasceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewiththe
voting procedure laid down in Article 43 (2) of the Treaty, shall adopt thegeneralrulesfortheapplicationofthisparagraphandshalldefineinwhatcasesand within what limits Member States may take protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
therequestofaMemberStateoronitsowninitiative,decideuponthenecessarymeasures;theMemberStatesshallbenotifiedofsuchmeasures,whichshallbeimmediately applicable. If the Commission receives a request from a MemberState,itshalltakeadecisionthereonwithinthreeworkingdaysfollowingreceiptof the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtotheCouncil
byanyMemberStatewithinthreeworkingdaysofthedayonwhichtheywerenotified. 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.'
1994R3290 — EN — 01.07.1996 — 001.001 — 90
▼B
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 (OJNo L 55, 2.
3. 1968, p. 1), as last amended by Regulation (EEC) No 3336/92 (OJNo L336, 20. 11. 1992, p. 1).
Articles 8, 9 and 10 are replaced by the following:
‘Article 8
1. ImportsintotheCommunity,ofanyoftheproductslistedinArticle1
may be subject to presentation of an import licence.
LicencesshallbeissuedbytheMemberStatestoanyapplicant,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 theproducts are imported during the term of validity of the licence; except incases of force majeure , the security shall be forfeited in whole or in part if
importisnotcarriedout,orisonlycarriedoutpartially,withinthatperiod.
2. Thetermofvalidityoflicensesandotherdetailedrulesfortheapplica-
tion of this Article shall be adopted in accordance with the procedure laiddown in Article 14.
Article 9
UnlessthisRegulationprovidesotherwise,theratesofdutyintheCommonCustoms Tariff shall apply to the products listed in Article 1.
Article 10
1. The general rule for the interpretation of the combined nomenclatureand 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 in this Regulation or in provisions
adoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththirdcountries:
— the levying of any charge having equivalent effect to a customs duty,
— theapplicationofanyquantitativerestrictionormeasurehavingequiva-
lent effect.
Article 10a
1. If, by reason of imports or exports, the Community market in one ormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewith third countries until such disturbance or threat of disturbance hasceased.
TheCouncil,actingonaproposalfromtheCommissioninaccordancewith
the voting procedure laid down in Article 43 (2) of the Treaty, shall adoptthe general rules for the application of this paragraph and shall define inwhat cases and within what limits Member States may take protectivemeasures.
2. Ifthesituationreferredtoinparagraph1arises,theCommissionshall,
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,whichshallbeimmediatelyapplicable.IftheCommissionreceivesarequestfrom a Member State, is shall take a decision thereon within three workingdays 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
1994R3290 — EN — 01.07.1996 — 001.001 — 91
▼B
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. 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 theTreaty.'
II.Council Regulation (EEC) No 3280/75 of 16 December 1975 (OJNo L 326,
18. 12. 1975, p. 4).
The above Regulation is repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 92
▼B
ANNEX XX
SEEDS
I.Council Regulation (EEC) No 2358/71 of 26 October 1971 (OJNo L 246, 5.
11. 1971, p. 1), as last amended by Regulation (EEC) No 3375/93 (OJNo L303, 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. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe Common Customs Tariff.
Article 6
Save as otherwise provided for in this Regulation or in provisionsadoptedpursuantthereto,thefollowingshallbeprohibitedintradewiththird countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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 oneormoreoftheproductslistedinArticle1isaffectedby,oristhreatenedwith, serious disturbance likely to jeopardize the achievement of theobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,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 Commis-sion receives a request from a Member State, is shall take a decisionthereon within three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe 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 (OJNo L171, 28. 6. 1986, p. 3).
The above Regulation is repealed.
1994R3290 — EN — 01.07.1996 — 001.001 — 93
▼B
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 (OJNo 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
CommonCustomsTariffshallapplytotheproductslistedintheAnnex.
2. Thegeneralrulesfortheinterpretationofthecombinednomencla-
ture and the special rules for its application shall apply to the classi-fication of products covered by this Regulation; the tariff nomenclatureresultingfromtheapplicationofthisRegulationshallbeincorporatedinthe Common Customs Tariff.
3. Save as otherwise provide for in this Regulation or in provisions
adopted pursuant thereto and subject to the obligations arising frominternationalagreementsconcerningtheproductslistedintheAnnex,thefollowing shall be prohibited in trade with third countries:
— thelevyingofanychargehavingequivalenteffecttoacustomsduty,
— 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 oneor more of the products listed in the Annex is affected by, or is threat-enedwith,seriousdisturbancelikelytojeopardizetheachievementoftheobjectivessetoutinArticle39oftheTreaty,appropriatemeasuresmaybeappliedintradewiththirdcountriesuntilsuchdisturbanceorthreatofdisturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
withthevotingprocedurelaiddowninArticle43(2)oftheTreaty,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 Commis-sion receives a request from a Member State, is shall take a decisionthereon within three working days following receipt of the request.
3. MeasuresdecideduponbytheCommissionmaybereferredtothe
Council by any Member State within three working days of the day onwhichtheywerenotified.TheCouncilshallmeetwithoutdelay.Itmay,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arisingfromagreementsconcludedinaccordancewithArticle228(2)ofthe Treaty.'
2. Article 6 is replaced by the following:
‘Article 6
Where reference is made to this Article, measures shall be adopted in
accordancewiththeprocedureslaiddowninArticle38ofRegulationNo136/66/EEC and the corresponding Articles of the other regulations onthe common organization of agricultural markets.'
II.Council Regulation (EEC) No 234/79 of 5 February 1979 (OJNo L 34, 9. 2.
1979, p. 2), as last amended by Regulation (EEC) No 3209/89 (OJNo L312, 27. 10. 1989, p 5).
Article 2 (2) is deleted.
1994R3290 — EN — 01.07.1996 — 001.001 — 94
▼B
ANNEX XXII
THE OUTERMOST REGIONS
I.Council Regulation (EEC) No 3763/91 of 16 December 1991 (OJNo L 356,
24. 12. 1991, p. 1) as amended by Regulation (EEC) No 3714/92 (OJNo L378, 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
leviesfixedpursuanttoArticle13(1)ofCouncilRegulation(EEC)No2727/75of29October1975onthecommonorganizationofthemarketin 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 (OJNo 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 (OJNo 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.