Proposal for a Council Regulation (EC) extending into 1995 the application of Regulations (EEC) No 3833/90, (EEC) No 3835/90 and (EEC) No 3900/91 applying generalized tariff preferences in respect of certain agricultural products originating in developing countries (94/C 333/07) COM(94) 337 final - 94/0210(ACC)

(Submitted by the Commission on 19 September 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas within the context of the United Nations Conference on Trade and Development (UNCTAD), the European Community offered to grant tariff preferences on certain agricultural products of Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries; whereas the preferential treatment proposed in the offer consists, in respect of certain goods which are subject to the trade arrangements laid down in Regulation (EEC) No 3033/80 (1), of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regulation, and, in respect of products which are subject to the single customs duty, of a reduction in such duty; whereas preferential imports of the products concerned should be effected in general without quantitative restrictions;

Whereas the positive role played by this system in improving access for developing countries to the markets of the preference-giving countries was recognized at the ninth session of the UNCTAD Special Preferences; whereas it was there agreed that the objectives of the system of generalized preferences would not be fully achieved by the end of 1980, that consequently it should be prolonged beyond the initial period, as an overall review of the system was started in 1990;

Whereas the part of the Community's scheme of generalized preferences covering industrial products is the subject of a regulation applicable for three years and based on the 10-year guidelines adopted by the Community; whereas, in view of the special problems relating to the implementation of the results of the Uruguay Round for the products referred to in this Regulation, it appears unlikely that a regulation based on the new 10-year guidelines for these products can be envisaged before the end of 1995; whereas, therefore, the current scheme for agricultural products should be temporarily renewed, subject to certain improvements, pending the introduction of a new agricultural scheme on 1 January 1996;

Whereas countries undertaking effective programmes to combat drug production and trafficking should, however, remain entitled to the more favourable arrangements granted to them under the previous scheme; whereas the countries concerned, together with Venezuela except in respect of fisheries products, will therefore continue to enjoy duty-free access,

HAS ADOPTED THIS REGULATION:

Article 1

Regulations (EEC) No 3833/90, (EEC) No 3835/90 and (EEC) No 3900/91 applying generalized tariff preferences in respect of certain agricultural products originating in developing countries shall apply mutatis mutandis from 1 January 1995 to 31 December 1995.

References in the Regulations mentioned in the first subparagraph to specific dates in 1991 and 1992 shall be taken to refer to the same dates in 1995 or 1996 respectively.

Article 2

The first subparagraph of Article 1 (4) of Regulation (EEC) No 3833/90 is replaced by the following text:

'In order to be admitted under one of the preferential arrangements established by this Regulation, products must comply with a definition of origin adopted in accordance with the procedure laid down in Article 249 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community customs code (¹).

(¹) OJ No L 302, 19. 10. 1992, p. 1.`

Article 3

Article 3 of Regulation (EEC) No 3835/90 is amended as follows:

'Article 3

1. Common Customs Tariff duties shall be totally suspended for products originating in Bolivia, Colombia, Ecuador, Peru and Venezuela listed in the Annex to this Regulation. Article 1 (4) and Articles 7 to 12 of Regulation (EEC) No 3833/90 shall, without prejudice to the levying of any supplementary duties that may apply, apply to those countries and to the products listed in the Annex to this Regulation. However, Venezuela shall not qualify for the preferences applicable to the products of Chapter 3 and CN codes 1604 and 1605. In respect of these products it shall continue to qualify for the preferences referred to in Annex II to Regulation (EEC) No 3833/90.

2. Bolivia, Colombia, Ecuador, Peru and Venezuela shall be withdrawn from the list of countries given in Annex III to Regulation (EEC) No 3833/90.`

Article 4

The following paragraph is added to Article 7 of Regulation (EEC) No 3833/90:

'2. For products of CN code 0603 10 originating in the countries referred to in Article 3 of Regulation (EEC) No 3835/90, the quantity referred to in paragraph 1 is the volume of exports from one of the countries in question to the Community which corresponds to the highest of the four years preceding the entry into force of this Regulation.`

Article 5

In Annnex II to Regulation (EEC) No 3833/90, the rate of duty shall be reduced to zero for products of order numbers 52.1770, 52.1840, 52.1920 and 52.1930, to 4 % for products of order number 52.0520 and to 25 % for products of order number 52.3790.

Products of order numbers 52.2350 and 52.2420 shall be removed from Annex II.

Article 6

This Regulation shall enter into force on 1 January 1995 and shall be applicable for one year.

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

(1) OJ No L 323, 29. 11. 1980, p. 1.