COMMISSION OP THE EUROPEAN COIVMUNITIES 
C0M(92) 428 final 
Brussels, 13 November 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulations (EEC) N* 2771/75 on the common organization 
of the market in eggs, N* 2777/75 on the common organization 
of the market in poultrymeat, N° 827/68 on the common organization 
of the market in certain products listed in Annex II to the treaty 
and N" 2658/87 on the tariff and statistical nomenclature and 
on the Common customs Tariff. 
(presented by the Commission) 
— A 
EXPLANATORY MEMORANDUM 
The attached proposal to amend the basic Council Regulations on the common 
organisations of the markets in eggs and poultrymeat concerns five points: 
1) Neither Regulation (EEC) N° 2771/75 nor Regulation (EEC) N6 2777/75 provide 
so far for a system of import licences. The recent inclusion of tariff 
quotas for eggs and poultrymeat in a number of international agreements 
requires, for the proper management of these quotas, the application of 
import licences. It is therefore proposed to add provisions on import 
licences in the basic regulations for CM0 eggs and poultrymeat similar to 
those contained in Regulation (EEC) N° 2759/75 (CMO pigmeat). 
2) Classification problems for certain egg products have highlighted a gap in 
the Combined Nomenclature, i.e. that egg products manufactured from 
incubated or damaged eggs which have not been denatured are difficult to 
classify within CN code 0408. As a solution it is proposed to base the 
wording of the CN code 0408 on that applicable to egg albumin under 
CN code 3502. 
3) The annex to Regulation (EEC) N° 2771/75 contains the list of products, for 
the export of which refunds on their egg content may be paid. In view of 
the need to adapt this list to the changing market conditions and in order 
to facilitate these amendments, it is proposed to define this list in 
future by the Commission under the Management Committee procedure as 
already done in other sectors. 
4) Regulation (EEC) N° 2777/75 covers raw fatty liver of ducks and geese, but 
not their preparations. Under Council Regulation (EEC) N° 1906/90, 
marketing standards for poultrymeat have been introduced which apply to raw 
duck and goose liver as well. In order to assure harmonized information of 
consumers and fair competition, it is considered necessary to lay down 
common standards for a number of preparations too. Before this can be 
done, these products need to be deleted from Regulation (EEC) N* 827/68, 
and included in the CMO poultrymeat which is the aim of the 4th part of the 
present proposal. 
5) The customs duties for some products under the CMO for poultrymeat are 
bound in GATT. At present an import levy limited to the amount resulting 
from that binding is applicable to those products. Since the levy will 
thus only be collected if it is smaller than the customs duty, which may 
vary between 3 and 18 per cent ad valorem, it is proposed in future only to 
apply the customs duty to those products. 
The measures cited under nos 1, 2, 3 and 5 are necessary to ensure the uniform 
application of the community's external trade regime by all Member states. 
In relation to point 4 it should be noted that although France is by far the 
most important producer and consumer Member state, production is also 
developing in other Member states. To avoid different national legislations 
for fatty liver preparations being adopted and creating problems for intra 
Community exchange, it would seem appropriate to provide the basis for the 
elaboration of common standards for liver preparations in line with those 
already existing for raw liver. 
A SL^ 
COUNCIL REGULATION (EEC) N° 
Of 
amending Regulations (EEC) N° 2771/75 on the common organization 
of the market in eggs, N* 2777/75 on the common organization 
of the market in poultrymeat, N° 827/68 on the common organization 
of the market in certain products listed in Annex II to the treaty 
and N° 2658/87 on the tariff and statistical nomenclature and 
on the Common Customs Tariff. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic community, 
and in particular Article 43 thereof, 
Having regard to the proposal from the Commission^), 
Having regard to the opinion of the European Parliament(2), 
Having regard to the opinion of the Economic and Social Committee^3), 
Whereas it has recently been detected that classification of certain egg 
products within heading 0408 of the Combined nomenclature in Annex I to 
Regulation (EEC) N° 2658/87 on the tariff and statistical nomenclature and 
on the Common Customs Tariff^)f as last amended by Regulation 
(EEC) N° ..../..(5) creates problems for the competent authorities; whereas 
to remedy that situation the structure of the subheadings within heading 
0408 should be improved; 
Whereas Regulations (EEC) N° 2771/75(6), and (EEC) N° 2777/75(7), both as 
last amended by Regulation (EEC) N* 1235/89(^), do not provide until now 
for a system of import licences; whereas in view of the increasing number of 
international agreements concerning inter alia trade in eggs and poultrymeat 
such a system involving the provision of security as a guarantee that 
importation will be effected should be introduced in these sectors too in 
order that a check may be kept on the volume of imports; 
(1) O.J. N° C 
(2) O.J. N° 
(3) O.J. N° C 
(4) O.J. N° L 256, 7.9.1987, p. 1. 
(5) O.J. N' L .... 
(6) O.J, N° L 282, 01.11.1975', p. 49. 
(7) O.J. N* L 282, 01.11.1975, p. 77. 
(8) O.J. N* L 128, 11.05.1989, p. 29-
- 2 -
Whereas Article 9 of Regulation (EEC) N° 2771/75 provides for refunds on 
exports to third countries of eggs and egg products also in the form of 
further processed products listed in the annex thereto; whereas in order to 
facilitate future amendments to this list, it should be adopted in 
accordance with Article 17 of the said regulation; 
Whereas prepared goose or duck liver falling under the CN subheading 
1602 20 10 are covered by Regulation (EEC) N° 827/68<9), as last amended by 
Regulation (EEC) N° 789/89(10); whereas these preparations should be 
brought under Regulation (EEC) N° 2777/75 in order to be able to lay down 
common marketing standards for these products necessary for assuring 
harmonised information of consumers and fair competition; whereas the annex 
to Regulation (EEC) N* 827/68 should be adapted accordingly; 
Whereas the customs duties for some products are bound in GATT; 
Whereas at present an import levy is fixed for those products; but this levy 
is limited to the amount resulting from the binding of the customs duty; 
whereas for the sake of simplification in future only customs duties should 
be applied to those products. 
HAS ADOPTED THIS REGULATION : 
Article 1 
Regulation (EC) N° 2771/75 is hereby amended as follows : 
1. Article 1(1) is replaced by the following : 
•Article 1 
1. The common organization of the market in eggs shall cover the following 
products : 
1(a) 
1(b) CN Code 
0407 
0407 
0407 
0408 
0408 
0408 
0408 
04 * 8 00 
00 
00 
11 
19 
19 
91 
99 11 
19 
30 
80 
81 
89 
80 
80 Description | 
Poultry eggs in shell, fresh, preserved or cooked| 
Other eggs not in shell and other egg yolks, | 
fresh, dried, cooked by steaming or by boiling in| 
water, moulded, frozen or otherwise preserved, | 
whether or not containing added sugar or other | 
sweetening matter | 
(9) O.J. P' L 151, 30.06.1968, p. 16. 
(10) O.J. N* L 85, 30.03.1989, p. 3. 
- 3 -
2. The following Article 8 a) is inserted 
"Article 8 a) 
1. The importation into the Community of any of the products listed in 
Article 1(1) may be made conditional on the submission of an import 
licence which shall be issued by Member States to any applicant 
irrespective of the place of his establishment in the Community. 
Such licence shall be valid for an importation carried out anywhere in 
the Community. 
The issue of such licences shall be conditional on the provision of 
security as a guarantee that importation will be effected during the 
period of validity of the licence; the security shall be wholly or 
partially forfeit if importation is not effected, or is only partially 
effected, within that period. 
2. Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 17. 
3. Article 9(1) is replaced by the following 
-Article 9 
1. To the extent necessary to enable the products specified in Article 
1(1) to be exported, in the state referred to therein or in the form 
of products the list of which shall be adopted in accordance with the 
procedure laid down in Article 17, on the basis of prices for those 
products on the world market, the difference between those prices and 
prices within the community may be covered by an export refund." 
4. Article 10 last indent shall be replaced by the following : 
" - in special cases, in respect of products specified in Article 1(1) 
which are intended for the manufacture of the products appearing 
on the list referred to in Article 9(1)." 
5. The Annex I is deleted. 
- 4 -
Article 2 
Regulation (EC) N* 2777/75 is hereby amended as follows 
1. Article 1(1) is replaced by the following : 
"Article 1 
1. The common organization of the market in poultrymeat shall cover 
the following products : 
CN Code Description of goods 
(a) 0105 
(b) ex 0207 
(c) 
(e) 
(f) 0207 31 00 
0207 39 90 
0207 50 
0210 90 71 
0210 90 79 
(d) 0209 00 90 
1501 00 90 
1602 20 10 
1602 31 
1602 39 Live poultry, that is to say, fowls of the 
species Gallus Domesticus, ducks, geese, turkeys 
and guinea fowl. 
Meat and edible offal, of the poultry of heading 
N' 0105 fresh, chilled or frozen, excluding 
livers falling within subheadings 0207 31 00, 
0207 39 90 and 0207 50 
Poultry livers, fresh, chilled or frozen 
Poultry livers salted, in brine, dried or smoked 
Poultry fat (not rendered), fresh, chilled, 
frozen, salted, in brine, dried or smoked 
Poultry fat, rendered, whether or not pressed or 
solvent-extracted 
Other prepared or preserved goose or duck liver 
Other prepared or preserved meat, or meat offal 
of poultry of heading N* 0105' 
- 5 -
2. Article 3 is replaced by the following : 
"Article 3 
1. For products falling within subheadings 0207 31 00, 0207 39 90, 
0207 50, 0210 90 71, 0210 90 79, 1501 00 90, 1602 20 10, 1602 31, 
1602 39 19, 1602 39 30 and 1602 39 90 of the combined nomenclature 
customs duties laid down in the tariff shall apply. 
2. For products referred to in Article 1(1) other than those listed in 
paragraph 1 of this Article a levy fixed in advance for each quarter 
in accordance with the procedure laid down in Article 17 shall be 
charged on imports into the Community." 
3. Article 5(2) is deleted and paragraph 3 of that Article becomes 
paragraph 2. 
4. The following Article 8 a) is inserted : 
"Article 8 a 
1. The importation into the Community of any of the products listed in 
Article 1(1) may be made conditional on the submission of an import 
licence which shall be issued by Member States to any applicant 
irrespective of the place of his establishment in the Community. 
Such licence shall be valid for an importation carried out anywhere in 
the Community. 
The issue of such licences shall be conditional on the provision of 
security as a guarantee that importation will be effected during the 
period of validity of the licence; the security shall be wholly or 
partially forfeit if importation is not effected, or is only partially 
effected, within that period. 
2. Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 17. 
- 6 -
Article 3 
In the annex to Regulation (EEC) N° 827/68, the following heading and 
subheading of the Combined Nomenclature are deleted : 
ex 16 02 20 - of liver of any animal : 
16 02 20 10 - - Goose or duck liver. 
Article 4 
In Annex I to Council Regulation (EEC) N* 2658/87, heading 0408 is replaced 
by the following : 
CN 
code 
1 
0408 
0408 11 
0408 11 
0408 11 
0408 19 
0408 19 
0408 19 
0408 19 
0408 91 
0408 91 
0408 91 
0408 99 
0408 99 
0408 99 20 
80 
20 
81 
89 
20 
80 
20 
80 Description 
2 
Birds' eggs, not in shell, and egg 
yolks, fresh, dried, cooked by 
steaming or by boiling in water, 
moulded, frozen or otherwise pre­
served, whether or not containing 
added sugar or other sweetening 
matter : 
- Egg yolks : 
— Dried : 
Unfit for human consumption (2) 
Other 
— Other : 
Unfit for human consumption (2) 
Other : 
Liquid 
Other, including frozen 
- Other : 
— Dried : 
Unfit for human consumption (2) 
Other 
— Other : 
Unfit for human consumption (2) 
Other Rate of 
autonomous 
(%) 
or 
levy 
(AGR) 
3 
free 
22 (AGR) 
free 
22 (AGR) 
22 (AGR) 
free 
22 (AGR) 
free 
22 (AGR) duty 
conven­
tional 
(%) 
4 
free 
-
free 
-
free 
-
free Supple­
mentary 
unit 
5 
-
-
-
• 
-
-
-
(2) Entry under this subheading is subject to 
relevant Community provisions. conditions laid down in the 
- 7 -
Article 5 
This Regulation shall enter into force on 1 January 1993. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, For the Council, 
The President, 
— ~K — 
FINANCIAL STATEMENT 
1. BUDGET HEADING : Chap. 24 APPROPRIATIONS : 259 MlO ECU 
2. TITLE : 
Draft Council Regulation amending R.2771/75 on the common organization of the market 
in eggs, R.2777/75 on the common organization of the market in poultrymeat, 
R.2658/87 on the tariff and statistical nomenclature and on the common customs Tariff 
and R.827/68 on the common organization of the market in certain products listed 
in Annex II to the Treaty. 
3. LEGAL BASIS Art. 43 of the Treaty 
4. AIMS OF THE PROJECT : 
- Add provisions on import licenses in the basic regulations for CMO eggs and 
poultrymeat similar to those contained in R.2759/75 (pigmeat). 
- Create new CN subheadings for egg products manufactured from incubated or damaged eggs 
which have not been denaturated. 
- Proposal to define the list of non Annex II products for the export of which refunds 
may be paid under the management committee procedure 
- Include preparations of raw fatty liver of ducks and geese in the CMO poultrymeat 
in order to lay down common standards for a number of preparations. 
- Apply customs duty to GATT bound products only 
5. FINANCIAL IMPLICATIONS PERIOD OF 
12 MONTHS CURRENT FI­
NANCIAL YEAR 
(1992) FOLLOWING 
FINANCIAL 
YEAR (1993) 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTIONS) 
- NATIONAL ADMINISTRATION 
- OTHERS 
5 .1 RECEIPTS 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL p.m. p.m. p.m. 
p.m. p.m. p.m. 
1994 1995 1996 1997 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED RECEIPTS p.m. 
p.m. p.m. 
p.m. p.m. 
p.m. p.m. 
p.m. 
5.2 METHOD OF CALCULATION : 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET ? YES / NO 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE 
CURRENT BUDGET ? YES / NO 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY ? YES / NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 
OBSERVATIONS : YES / NO 
ISSN 0254-1475 
COM(92) 428 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-443-EN-C 
ISBN 92-77-47996-5 
Office for Official Publications of the European Gomtaunities 
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