COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(93) 165 final 
Brussels, 22 Apr iI 1993 
™:V'<>i|^B Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
Community tariff quotas for certain agricultural products 
originating in Austria, Norway and Sweden 
••+-.: V-JH» (presented by the Commission) 
z 
EXPLANATORY MEMORANDUM 
1. The Agreement on the European Economic Area between the European 
Economic Community, the European Coal and Steel Community, their 
Member States and the European Free Trade Association (EFTA) 
countries was signed in Oporto on 2 May 1992 at the same time as 
bilateral agreements on certain arrangements in agriculture. 
2. The Contracting Parties' aim was to bring the EEA Agreement into 
force at the same time as the bilateral agreements. However, 
following Switzerland's decision not to ratify the EEA Agreement, 
this did not happen. 
3. In response to this new situation, agreements in the form of 
exchanges of letters were concluded on 17 March 1993 between the 
Community and, respectively, Austria, Finland, Iceland, Norway and 
Sweden. The aim of these agreements, which have been approved by 
Council decisions (1), is to bring forward the entry into force of 
the bilateral agreements on agriculture with these countries so as to 
take effect from 15 April 1993 until 31 December 1993. 
4. The agreements concerned provide for the opening of annual reduced-
duty or zero-duty tariff quotas by the Community for certain 
agricultural products included in the above arrangements and 
originating in Austria, Norway and Sweden. These tariff quotas must 
be opened for 1993, for the period indicated above. 
5. Pursuant to the provisions included in the said arrangements, should 
the date of entry into force of the EEA Agreement not coincide with 
the date of the beginning of the calendar year, the measures 
concerning the opening of tariff quotas will be applied on a pro rata 
basis for the first year. 
6. In establishing the volume of these tariff quotas, account should be 
taken that during 1992 and/or 1993 some of the products concerned 
have benefited from a reduced-duty or zero-duty tariff quota by 
application of the agreements currently in force between the EEC and 
the countries in question. 
7. As with other Community tariff quotas, the proposal does not provide 
for the quota-volumes to be divided up between Member States but 
offers them the opportunity of drawing from the quota-volumes the 
necessary quantities corresponding to actual imports. 
This is the subject of the current proposal. 
(1) Décision 
OJ N- L , p. 
3 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
Community tariff quotas for certain agricultural products 
originating In Austria, Norway and Sweden 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the Community signed bilateral agreements on certain arrangements 
in agriculture in the form of exchanges of letters with Austria, Finland, 
Iceland, Norway, Sweden and Switzerland at Oporto on 2 May 1992; 
Whereas these agreements were negotiated and signed at the same time as the 
Agreement on the European Economic Area between the European Economic 
Community, the European Coal and Steel Community and their Member States, 
of the one part, and the European Free Trade Association (EFTA) countries, 
of the other part; whereas the aim of all the parties was to bring the EEA 
Agreement and the bilateral agreements on agriculture into force at the 
same time; 
Whereas, as a result of the postponement of the entry into force of the EEA 
Agreement following Switzerland's decision not to ratify it, agreements in 
the form of exchanges of letters were concluded on 17 March 1993 between 
the Community and, respectively, Austria, Finland, Iceland, Norway and 
Sweden with the aim of bringing forward implementation of the bilateral 
agreements on agriculture with these countries for the period running from 
15 April until 31 December 1993. 
Whereas the Council has approved, by Decision ....(1) the bilateral 
agreements signed on 2 May 1992 with Austria, Finland, Iceland, Norway and 
Sweden as well as the agreements with these countries signed on 17 March 
1993; 
( 1 ) 0 J No 
^ 
Whereas on the basis of the arrangements annexed to the bilateral 
agreements on agriculture concluded between the Community and Austria, 
Norway and Sweden, respectively, which were signed on 2 May 1992, the 
Community is to open annual reduced-duty and zero-duty tariff quotas for 
certain agricultural products originating in the above-mentioned countries; 
whereas under Annex 111 to the arrangement between the Community and 
Austria, imports into Portugal of wine originating in Austria are subject 
to duties equal to those applied by Portugal to imports from the Community 
as constituted on 31 December 1985; 
Whereas the provisions annexed to the arrangements concerned provide that, 
should the date of entry into force of the said arrangements not coincide 
with the beginning of the calendar year, the provisions concerning the 
opening of tariff quotas shall be applied on a pro rata basis for the first 
year; whereas it is advisable in the interests of clarity to group together 
all the agricultural products which benefit from tariff quotas in Annex I 
of this Regulation according to their place of origin, specifying for each 
product the volume of tariff quotas and the rates of customs duty 
applicable; whereas in establishing the volume of these tariff quotas, 
account should be taken that during 1992 and/or 1993 some products have 
received the benefit of a reduced duty or zero-duty tariff quota by 
application to the agreements currently in force with the countries in 
question ; whereas it is consequently appropriate to repeal, with effect 
from 15 April 1993, Council Regulations (EEC) Nos 1694/92 (1) and 
221/93 (2)in their entirety and those parts of Council Regulation (EEC) n" 
303/93 (3) relating to the tariff quotas under order No 09.0801 -.whereas it 
is necessary, in particular, to ensure equal and uninterrupted access for 
all Community importers to the said quotas and to ensure the uninterrupted 
application of the rates laid down for the quotas to all imports of the 
products concerned into all Member States until the quotas have been used 
up; 
Whereas the decision opening tariff quotas should be taken by the Community 
in pursuance of its international obligations; whereas, to ensure the 
efficient common administration of the quotas, there is no reason why 
Member States should not be allowed to draw from the quota-volumes the 
necessary quantities corresponding to actual imports; whereas this method 
of administration nonetheless requires close cooperation between the Member 
States and the Commission and the latter must in particular be able to 
monitor the rate at which the quotas are used up and inform the Member 
States accordingly; 
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and 
the Grand Duchy of Luxembourg are united within and jointly represented by 
the Benelux Economic Union, any operation concerning the administration of 
these quotas may be carried out by any of its members, 
(1) OJ n* L 176 of 30.6.1992, p. 54. 
(2) OJ n* L 27 of 4.2.1993, p. 1. 
(3) 0J n- L 36 Of 12.2.1993, p. 9. 
J 
HAS ADOPTED THiS REGULATION: 
Article 1 
1. From 15 April until 31 December 1993, the customs duties applicable 
to imports of the products listed in Annex I shall be suspended under 
certain conditions at the levels and within the limits of the 
Community tariff quotas shown below. 
2. Within the limits of the quotas referred to in Annex I(a) under order 
nos 09.0803 to 09.0805, Portugal shall apply duties equal to those 
that it applies to imports from the Community as constituted on 31 
December 1985. 
3. Admission under the tariff quotas referred to in paragraph 1 under 
order nos 09.0803 and 09.0805 shall be reserved for wines accompanied 
by the following documents: 
document VI 1 or an extract VI 2, completed in accordance with 
Commission Regulation (EEC) No 3590/85.(1) In this case, the 
document must include in Box 15 the following endorsement, 
certified by the competent Austrian organization: 
"This is to certify that the wine referred to in this document is 
a quality wine/quality sparkling wine(a) originating in Austria 
and in conformity with the 1985 Wine Law of the Republic of 
Austria". 
(a) Delete as appropriate; 
4. Imports of the wines in question shall be subject to the free-at-
frontier reference price. Access for these wines to the tariff 
quotas shall be conditional on compliance with Article 54 of 
Regulation (EEC) No 822/87.<2> 
5. The protocols on the definition of the concept of originating 
products and on the methods of administrative cooperation annexed to 
the Agreements between the European Economic Community and the 
Kingdom of Sweden, the Kingdom of Norway and the Republic of Austria 
respectively shall be applicab le. 
(1) 0J No L 343, 20.12.1985, p. 20. 
(2) 0J No L 84, 27.3.1987, p. 1. 
s 
Article 2 
The tariff quotas referred to in Article 1 shall be managed 
by the Commission, which may take any appropnate 
administrative measures to ensure that they are managed 
efficiently. 
Article 3 
Where an importer presents a product covered by thb 
Regulation for release for free circulation in a Member State, 
applying to take advantage of the preferential anaafgatcnts, 
and die entry is accepted by die customs authorities, the 
Member State concerned shall, by notifying the Commission, 
draw an amount corresponding to its requirements from the 
quota volume. 
Requests for drawings, indicating the date on which the 
entries were accepted, must be sent to the Commission 
without delay. , 
Drawings shall be granted by the Commission in 
chronological order of the dates on which the customs 
authorities of the Member States concerned accepted the 
entries for release for free circulation, to the extent that the 
available balance so permits. 
If a Member State docs not use a drawing in full, it shall 
return any unused portion to the corresponding quota 
volume as soon as possible. 
If die quantities requested arc greater than the available 
balance of the quota volume, the balance shall be allocated 
among applicants pro rata. The Commission shall inform the 
Member States accordingly. 
Article* A 
Each Member State shall ensure that importers of the 
products in question have equal and continuous access to the 
quotas for as long as the balance of the relevant quota volume 
so permits. 
Article i ^ 
Member States and die Commission shall cooperate closely 
to ensure that this Regulation is complied with. 
****** 
•f 
Article 6 
Council Regulations (EEC) Nos 1694/92 (1) and 221/93 (2) shall be repealed 
with effect from 15 April 1993. 
The tariff quota under order No. 09.0801 provided by Council 
Regulation (EEC) N* 303/93 (3) shall cease to apply as from the same date. 
Article 7 
This Regulation shall enter into force on the day following its publication 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in 
a 11 Member States. 
Done at Brussels, 
For the CounciI 
The President 
(1) OJ n' L 176 of 30.6.1992, p. 54 
(2) OJ n* L 27 of 4.2.1993, p. 1 
(3) OJ n' L 36 of 12.2.1993, p. 9 
Annex I 
(a) Products originating in Austria Z 
Order 
No CN code 
(*) Descript ion 
(1) Amount of 
quotas Quota 
duty 
(%) 
09.0807 
09.0808 
09.0803 2009 
2009 11 
19 
20 
30 
40 
50 
60 
2009 80 32 
80 34 
80 39 
80 80 
80 83 
80 85 
80 93 
80 95 
80 99 
2009 90 21 
90 29 
90 41 
90 49 
90 51 
90 59 
90 71 
90 73 
90 79 
90 91 
90 93 
90 99 
6X22042125 
29 
35 
39 
49 
59 
90 Fruit Juices (including 
grape must) or vegetable 
juices, unfermented and 
not containing added 
spirit, whether or not 
containing added sugar or 
other sweetening matter 
i ncIud i ng: 
Juices other than apple or 
pear Juice 
Quality wines produced in 
conformity with the 1985 
Wine Law of the Republic 
of Austria, in containers 
holding 2 litres or less 7 083 t(2) 
354 t 
106 250 h I (2) 0 
(*) See Taric codes in Annex II. 
(1) Nonunderstanding the rules of the combined nomenclature, the 
wording for the description of the products is to be considered as 
haved than an indicative value, the preferential scheme being 
determined, within the context of this Annex by the coverage of the 
CN codes. Where ex CN codes indicated the preferential scheme is to 
be determined by application of the CN codes and corresponding 
description taken together. 
(2) Information about the exact quantity will be provided during 
procedural phase. 
(a) Products originating in Austria u 
Order S CN code i Description I Amount of IQuota 
No i (*) ! d) ! quotas Jduty 
! ! i ! (%) 
C9.0805 ;ex22041019!Quaiity sparkling wines ! 1 416 hi ; 0 
! 90{produced in conformity S S 
! iwith the 1985 Wine Law of ; ! 
! Ithe republic of Austria, ! ! 
! |in containers holding ! ! 
I |2 litres or less ! ! 
(*) 
(1) See Taric codes in Annex II. 
Nonunderstanding the rules of the combined nomenclature, the 
wording for the description of the products is to be considered as 
haved than an indicative value, the preferential scheme being 
determined, within the context of this Annex by the coverage of the 
CN codes. Where ex CN codes indicated the preferential scheme is to 
be determined by application of the CN codes and corresponding 
description taken together. 
(b) Products originating in Norway -10 
Order 
No CN code 
(*) 
09.0751 Î6X0704 10 10 
09.0753 !ex0704 90 90 
09.0755 !ex0704 90 90 
09.0757 
09.0759 6X0809 20 60 
80 
6X0809 40 11 
19 
90 Descr ipt ion 
(1) 
ICaulIf lowers, fresh or 
chiI led, from 1.8 to 31.10 
IBroccoli, fresh or 
chiI led, from 1.7 to 31.10 
! China cabbages, fresh or 
chilled, from 1.7 to end 
February 
Cherries, fresh, from 16.7 
to 31.8 
! Plums, fresh, from 1.9 to 
15.10 Amount of 
quotas 
(%) 
2 000 
1 000 
3 000 
600 
600 Quota 
duty 
1 
09.0761 !ex0810 10 10 
09.0762 !ex0810 10 90 Strawberries, fresh, from 
15.7 to 31.7 
Strawberries, fresh, from 
1.8 to 15.9 750 
750 
(*) See Taric codes in Annex II. 
(1) Nonunderstanding the rules of the combined nomenclature, the wording 
for the description of the products is to be considered as haved than 
an indicative value, the preferential scheme being determined, within 
the context of this Annex by the coverage of the CN codes. Where ex CN 
codes indicated the preferential scheme is to be determined by 
application of the CN codes and corresponding description taken 
together. 
on 
(c) Products originating in Sweden 
Order 
No win 
(*) f? icr 
Ù > quota: Quota 
duty 
(%) 
09.0631 
09.0613 6XÛ208 90 90 
ex0210 90 20 
0710 21 00 
6X0710 29 00 
09.0635 Î6X0710 30 00 
09.0637 
09.0639 
09.0641 
09.0643 !exO710 80 90 
©X0811 90 10 
30 
50 
70 
6X0811 90 99 
1517 10 
ÔX2004 90 99 
09.0645 lex2005 10 00 
09.0647 
09.0649 
09.0651 !6X2005 20 90 
[6X2007 10 
99 
6X2009 80 
90 Reindeer meat» fresh, 
chilled, frozen, dried or 
! smoked 
Peas, frozen 
Spinach, New Zealand 
spinach and orache 
spinach (garden spinach) 
Dili and parsley, frozen 
Rubus chamaemorus 
IV. myrtIltus 
|V. myrt11 loides and 
angustifolium frozen 
Margarine 
Vegetable gratins and 
dietetic preparations 
Homogenize*} vegetables, 
trrfant food préparât ions 
I Potato crisps 
Jams, Jellies, marmalades 
(vaccinium myrtiI lus, V. 
Imyrt11 loides and V. angusti 
folium Rubus chamaemorus 
I Fruit Juices and mixtures 
(raspberries, V. myrtil lus, 
IV. myrtilloides and V. 
Iangust!folium Rubus chamaemorus 
redcurrants, blackcurrants) ! Free 
6% 
Free 
Free 
Free 
Free 
Free 
Free 
Free 
Free 
Free 
(*) See Taric codes in Annex II. 
(1) Nonunderstanding the rules of the combined nomenclature, the wording 
for the description of the products is to be considered as haved than 
an indicative value, the preferential scheme being determined, within 
the context of this Annex by the coverage of the CN codes. Where ex CN 
codes indicated the preferential scheme is to be determined by 
application of the CN codes and corresponding description taken 
together. 
ANNEX I I 
Codes TARIC 
a) Products originating in Austria *Z 
Order No Codes CN Codes TAR IC 
09.0803 ex 2204 21 25 
ex 2204 21 29 
ex 2204 21 35 2204 21 25*95 
2204 21 29*96 
2204 21 35*95 
*96 
6X2204 21 39 2204 21 39*95 
*96 
6X2204 21 49 
6X2204 21 59 
6X2204 21 90 2204 21 49*29 
2204 21 59*39 
2204 21 90*10 
09.0805 6X2204 10 19 
6X2204 10 90 2204 10 19*91 
2204 10 90*91 
Codes TARIC 
b) Products originating in Norway *\l 
Order No Codes CN Çod6S TARIC 
09.0751 
09.0753 
09.0755 
09.0757 
09.0759 
09.0761 
09.0762 ex 0704 10 10 
ex 0704 90 90 
ex 0704 90 90 
ex 0809 20 60 
ex 0809 20 80 
ex 0809 40 11 
ex 0809 40 19 
ex 0809 40 90 
ex 0810 10 10 
ex 0810 10 90 0704 10 10*30 
0704 90 90*13 
0704 90 90*92 
*94 
*97 
0809 20 60*10 
0809 20 80*11 
*19 
0809 40 11*60 
0809 40 19*10 
0809 40 90*50 
0810 10 10*60 
*80 
0810 10 90*12 
*14 
c) Products originating in Sweden W 
Order No Codes ÇN Codes TARIC 
09.0631 
09.0635 
09.0637 
09.0639 
09.0643 
09.0645 
09.0647 
09.0649 
09.0651 ex 0208 
ex 0210 
ex 0710 
ex 0710 
ex 0811 
ex 0811 
ex 0811 
ex 2004 
ex 2005 90 90 
90 20 
30 
80 90 
90 10 
90 30 
90 99 
90 99 
10 00 
ex 2005 20 90 
ex 2007 10 10 
ex 2007 10 90 
ex 2007 99 39 
ex 2007 99 59 
ex 2007 99 90 
ex 2009 80 
ex 2009 90 0208 90 90*10 
0210 90 20*10 
0710 30 00*10 
0710 80 90*20 
0811 90 10*13 
90 10*50 
0811 90 30*13 
90 30*50 
0811 90 99*68 
2004 90 99*80 
2005 10 00*11 
*21 
*31 
*91 
2005 20 90*10 
2007 10 10*11 
10 10*40 
2007 10 90*11 
90*40 
2007 99 39*11 
39*20 
2007 99 59*11 
59*40 
2007 99 90*11 
90*50 
2009 80 34*21 
34*30 
39*11 
39*40 
80*11 
80*40 
85*31 
85*40 
93*11 
93*40 
99*11 
99*40 
2009 90 21*21 
21*30 
51*20 
59*20 
91*92 
93*20 
99*20 
-I J 
FINANCIAL RECORD 
1. Budget Ii ne çoncer ned : Chap. 12 art. 120 
2. Legal basis: Art. 113 of the Treaty 
3. Title of the tariff measure concerned: Proposal for a Council 
Regulation (EEC) opening and providing for the administration of 
Community tariff quotas for certain agricultural products originating 
in Austria, Norway and Sweden. 
*• Objective: Fulfilment of contractual obligations of the Community 
5. Duty-loss: 
Descript ion Quantity Price Normal Quota rate Duty-loss 
Ecu/unit rate (%) of duty (%) (ecu) 
Fruit Juices and 
vegetable Juices 
Juices other than 
apple or pear 
Juices 
Qua Iity wines 7 083 T 
354 T 1 610 
ECU/T 
1 610 
ECU/T middle rate 
25,9% 
middle rate 
26,6% 
106 250 HL 17,33 17,33 
ECU/HL ECU/HL 2 953 540 
151 604 
1 841 312 
Qua Iity spark Iing 
wines 
Caul if lowers 
Broccoli 1 416 HL 40 
ECU/HL 
2 000 T 1 090 
ECU/T 
1 000 T 1 090 
ECU/T 40 
ECU/HL 
17% 
17% 56 640 
370 600 
185 300 
China cabbages 3 000 T 710 
ECU/T 15% 319 500 
Cherries, fresh 600 T 780 
ECU/T 15% 70 200 
Plums, fresh 600 T 560 middle rate 
ECU/T 11,5% 38 640 
Strawberrles, 
fresh 750 T 1 770 
ECU/T 16% 212 400 
Strawberr ies, 750 T 1 770 
ECU/T 14% 185 850 
Reindeer meat, 
fresh, chiI led, 
frozen, dr ied or 
smoked 141 T middle price middle rate 0 
1036 ECU/T 19% 27 754 
-2-46 
Descr ipt ion 
Peas, fresh 
Spinach, frozen 
Dill and parsley 
Frozen Swedish 
berr ies 
Margar ine 
Vegetable grat ins 
and dietetic pré­
parât ions 
Homogen i zed 
vegetables 
Potato cr isps 
Jams, Je I Iies, 
marmalades 
Fruit Juices and 
mixtures Quantity Price Normal Quota rate Duty-loss 
Ecu/unit rate (%) of duty (%) (ecu) 
4 250 T 810 
ECU/T 
354 T 1 130 
ECU/T 
141 T 1 310 
ECU/T 18% 
18% 
18% 6% 
2 833 T middle price middle rate 0 
1 960 15% 
ECU/T 
708 T 1 170 
ECU/T 
354 T 2 300 
ECU/T 
177 T 
141 T 
354 T 
177 T 1 140 
ECU/T 
2 090 
ECU/T 
2 210 
ECU/T 
3 130 
ECU/T middle rate 0 
19% 
22% 0 
22% 
22% 
30% 
26,8% 408 000 
72 003 
33 247 
832 902 
157 388 
179 124 
44 391 
64 831 
234 702 
148 474 
Duty-1 OSS for 1993: 9 236 798 ECUS. 
BSN0254.1475 
COM(93) 165 final 
DOCUMENTS 
EN 1102 
Catalogue number : CB-CO-93-187-EN-C 
ISBN 92-77-54831-2 
OfiScc for Official Publications of the European Communities 
L-2985 Luxembourg