Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

(presented by the Commission)

EXPLANATORY MEMORANDUM

In response to requests from several Member States, the Commission's departments, together with the government experts concerned, considered whether to open, to close and extend autonomous tariff quotas for certain industrial products.

Following the discussion, at a meeting of the Economic Tariff Questions Group, it was concluded that the Member States could approve new quotas, closures or extensions to quotas for the products covered by the proposal for a Regulation, without disturbing the markets for such products.

Hence the attached proposal for a Regulation.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 20 December 1996 the Council adopted Regulation (EC) No 2505/96 opening Community tariff quotas for certain agricultural and industrial [1] products. Community demand for the products in question should be met under the most favourable conditions. For that purpose new Community tariff quotas should be opened at reduced or zero rates of duty for appropriate volumes, and certain existing tariff quotas should be extended, while avoiding any disturbance to the markets for these products.

[1] OJ L 345, 31.12.1996, p. 1. Regulation as last amended by Regulation (EC) No 1078/2003 (OJ L 156, 25.6.2003, p. 1).

(2) The quota amount for certain autonomous Community tariff quotas is insufficient to meet the needs of the Community industry for the current quota period. Consequently, these quota amounts should be increased with effect from 1 January 2003 or 1 July 2003 depending on the starting date of these quotas and therefore the immediate entry into force of this Regulation should be envisaged.

(3) It is no longer in the Community's interest to maintain in 2004 a Community tariff quota on some of the products for which duties were suspended in 2003. Those products should therefore be removed from the table set out in Annex I to Regulation (EC) No 2505/96.

(4) In view of the large number of amendments and in the interest of clarity, Annex I to Regulation (EC) No 2505/96 should be replaced entirely.

(5) Regulation (EC) No 2505/96 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 2505/96 is replaced by the text set out in the Annex to this Regulation.

Article 2

For the quota period from1 January to 31 December 2003 Annex I to Regulation (EC) No 2505/96 is hereby amended as follows:

- order number 09.2979: the amount of the tariff quota shall be fixed at 800.000 units.

- order number 09.2985: the amount of the tariff quota shall be fixed at 600.000 units.

Article 3

For the quota period from1 July to 31 December 2003 Annex I to Regulation (EC) No 2505/96 is hereby amended as follows:

- order number 09.2935: the amount of the tariff quota shall be fixed at 90 000 tonnes.

Article 4

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2004 except for Article 2 which shall apply from 1 January 2003 and Article 3 which shall apply from 1 July 2003.

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

Done at Brussels, [...]

For the Council

The President

ANNEX

"ANNEX I

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(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.

(b) However, the tariff quota is not allowed where processing is carried out by retail or catering undertakings.

(c) The quantities of goods subject to this quota and released for free circulation as from 1 July 2003, as provided for in Regulation (EC) No 1078/2003, shall be fully counted against this quantity.

(1) The specific additional duty is applicable."

>TABLE POSITION>

ANNEX

Note: this table lists only products from the annex to the Regulation, which have a financial incidence.

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Total loss of revenue in relation to the previous quota period: 3.543.237 (4.724.316 - 1.181.079) EUR net.

Fraud prevention measures

Provisions on the management of tariff quotas include the measures needed to prevent and protect against frauds and irregularities.