PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF AUTONOMOUS COMMUNITY TARIFF QUOTAS FOR CERTAIN AGRICULTURAL AND CHEMICAL PRODUCTS ( 1990 )
Date: 1990-04-02
Institutions: European Commission
Subjects: chemical product, customs duties, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(90) 117fInal 

Brussels, 2 April  1990 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

opening  and providing  for the administration  of  autonomous 
community  tariff quotas  for certain agricultural and 
chemical  products  (1990) 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

Subsequent  to requests made by various Member  States, the Services  of 
the Commission nave examined, in conjunction with  the Government  experts 
concerned, the question of  renewal  in 1990 of autonomous tariff quotas 
which had been opened during  1989, and also the opening  in 1990 of a 
tariff quota for a new proauct. 

Following this examination, which  took place during  the "Economic Tariff" 
group meetings held  in particular on 19 January  1990, it has been determined 
that the opening of tariff quotas for the following products  could  have 
the agreement  of the Member States without disturbing  the markets  for such 
products: 
-  eels: 5 000 tonnes at  0% 
-  t-butyl-hydroperoxide: 500 tonnes at 0% 
-  sodium 3,5-bis(methoxycarbonyl)benzenesulphonate:  280 tonnes at 0% 
-  aniline: 8 500 tonnes at 0% 

This is the purpose of this proposal. 

9. 

Proposal 

f or  a 

COUNCIL  REGULATION  (EEC) No 

of 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for 

certain  agricultural  and  chemical 

products  (1990) 

THE  COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
Economic  Community,  and  in  particular  Article  28 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

to  draw 

Whereas,  it  is appropriate  to  take  the  necessary  measures 
to  ensure  efficient  Community  administration  of  these 
the  Member  States  the 
tariff  quotas  while  offering 
the 
the  quota  volumes 
from 
opportunity 
necessary  quantities  corresponding  to  actual 
imports ; 
requires  close 
whereas  this  method  of  administration 
cooperation  between 
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 ; 

the  Member  States  and 

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,  all 
the 
administration  of  the  quantities  draw  by  that  economic 
union  may  be  carried  out  by  any  one  of  its  members. 

transactions 

concerning 

in  the  Community  of  certain 
Whereas  production 
agricultural  3rd  chamical 
products  is currently 
unable  to  meet  the  specific  requirements  of  the  user 
industries  in  the  Community  ;  whereas,  consequently, 
Community  supplies  of  products  of  this  type  currently 
depend  to  a  considerable  extent  on  imports  from  third 
countries ;  whereas 
the  most  urgent  Community 
requirements  for the products  in  question  should  be met 
immediately  on the most  favourable  terms ; whereas  zero 
duty  Community  tariff  quotas  should  therefore  be opened 
within  the  limits  of  appropriate  volumes  for  a  period  up to  31  December 
; whereas, in order not to upset the 
balance  of  the markets  for these  products,  the volume of 
certain  of these  Community  tariff  quotas  should  be set  at 
provisional  levels  which  cover  immediate  requirements ; 
whereas the setting of the quota  volumes  at this  level  does 
not  rule  out  an  adjustment  during  the  year ; 

1990  or  30  June  1991 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

Whereas  it  is  necessary,  in  particular,  to  ensure  for all 
Community  importers  equal  and uninterrupted  access  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 ; 

From  1  July  1990 to  30  June  1991. the  customs 
1. 
duties  applicable  to  imports  into  the  Community  of the 
nd 
product 
within  the  limits  of  the  Community  tariff  quota 
indicated: 

listed  below  shall  be suspended  at the level 

Order  No 

CN  codes 
(a) 

Description 

Amount  of 

Quota  dutv 

(in  ftxines) 

09.2701 

|exU301 92 001 Eels (Anguilla spp.),  live, fresh, chilled or 
exQ302 66 00, frozen, intended for processing by curina or 
ex0303 76 00  skinning enterprises or for use in the industrial 

manufacture of products falling within CN code 
1604 (1) 

5 000 

(a) Taric codes  0301 92 00 *10 
0302 66 00 *10 
0303 76 00 *10 

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

provisions. 

£. From the date of entry into force of this Regulation until 31 December 1990, the customFdutiei 
applicable to imports into the Community of the products  listed below shall be suspended at 
the levels and within the limits of the Community tariff quotas shown below: 

Order  No 

CN  codes 
(») 

- 2-

Description 

Amount  •:•! 
quotJ 
quo::* 

Quot.i  dutv 

09.2745 

ex2909 60 90 

t-Butyl-hydroperoxide  containing  by  weight  28% 
or  more but  not  more  than  32X of  water 

500 

09.2749 

ex2917 39 90 

sodiurn 3,5-bi s(methoxycarbonyI)benzenesuIphonate1 

280 

09.2795 

ex2921 41 00 

Aniline 

8500 

(a) Taric codes: 2909 60 90 *10 
2917 39 90 *60 
2921 41 00 *10 

3. Within  the  limits  of  these  tariff  quotas  the  Kingdom 
of  Spain  and  the  Portuguese  Republic  shall  apply  customs 
duties  calculated 
relevant 
in  accordance  with 
provisions  of  the  1985  Act  of  Accession. 

the 

notifying 
the  Commission,  draw  an  amount  corre 
sponding  to  its  requirements  from  the  appropriate  quota 
volume. 

Article  2 

Requests  for  drawings,  indicating  the  date  on  which  the 
entries  were  accepted,  must  be  sent  to  the  Commission 
without  delay. 

The  tariff  quotas  referred  to  in  Article  1 shall  be  managed 
by  the  Commission,  which  may  take  any  appropriate 
administrative  measures  to  ensure  that  they  are  managed 
efficiently. 

Article  3 

Where  an  importer  presents  a  present  covered  by  this 
Regulation  for  release  for  free  circulation  in  a  Member 
State,  applying 
the  preferential 
to  take  advantage  of 
arrangements,  and  the  entry  is  accepted  by  the  customs 
shall,  by 
the  Member  State  concerned 
authorities, 

Drawings  shall  be  granted  by  the  Commission  in  chrono 
logical  order  of 
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. 

the  dates  on  which 

If  a  Member  State  does  not  use  a  drawing  in  full  it  shall 
return  any  unused  portion  to  the  corresponding  quota 
volume  as  soon  as  possible. 

-3-

If  the  quantities  requested  are  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  of  the  drawings  made. 

Article  4 

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  5 

The  Member  States  and  the  Commission  shall  cooperate 
closely  to ensure  that  this  Regulation  is complied  with. 

Article  6 

This  Regulation  shall  enter  into  force  on  the  seventh  day 
following  its  publication  in  the  Official  Journal  < 
of 
the  European  Communities. 

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

Done  at  Brussels, 

For  the  Council 

The  President 

S 

FICHE FINANCIERE 

1. 

Ligne budgétaire concernée : Chap. 12 art. 120 

2. 

Base Juridique : art. 28 du traité 

3. 

Intitulé de la mesure tarifaire : Proposition de règlement 
du Conseil portant ouverture et mode de gestion de 
contingents tarifaires autonomes pour certains produits 
agricole  et chimiques (1990). 

4. 

Objectif  : Assurer la couverture à des conditions 
favorables, des besoins communautaires. 

5.  Mode de calcul : 

Designation des 
prodults 

QuantItes 

Prix en 
ecus/unite 

Droit 
normal  (en %) 

Droit contin 
gentaire (en %) 

Perte de 

recettes (en ecus) 

Anguilles 

5 000 t 

5 100 

3 

600 t 

1 667 

6.6 • 

280 t 

6  260 

13 

Hydroperoxycte de 
tert-butyle 

3,5-bls-methoxy-
carbonyl benzene 
sulfonate de 
sodium 

Aniline 

8 5 00 t 

927 

12 

0 

0 

0 

0 

765 000 

54 681 

227 864 

945 540 

1 993 085 

Par rapport à la période contingentais précédente, augmentation 
des pertes de 1 993 085 écus - 1 927 146 ecus - 65 939 ecus. 

FICHE D'IMPACT SUR LA COMPETITIVITE  EEJL1EMELQI 

La présente proposition vise l'ouverture de contingents 
tarifaires communautaires  autonomes destinés à couvrir, à des 
conditions favorables, les besoins des industries utilisatrices. 
Elle aura pour effet de permettre à ces industries de 
concurrencer  celles des pays tiers sur les marchés de la 
Communauté  et des pays tiers et de maintenir  ou même d'améliorer 
l'emploi  dans la Communauté. 

•* 

; 

7 

ÎSSN 0254.1475 

COM(90)  117 final 

DOCUMENTS 

EN 

03  il 

Catalogue number : CB-CO-90-140-EN-C 

ISBN 92-77-59072-6 

Office  for Officia). Publications of the European  Communities 
L-2985 Luxembourg