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
Date: 1992-11-13
Institutions: European Commission
Subjects: common customs tariff, common organisation of markets, egg, egg product, poultrymeat, tariff nomenclature

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 : 

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 

•Article 1 

products : 

CN  Code 

1(a) 

0407 

00 

11 

0407 

00 

19 

0407 

00 

30 

Description 

| 

Poultry  eggs  in  s h e l l,  fresh,  preserved  or  cooked| 

1(b) 

0408 

11 

80 

Other  eggs  not in  shell  and other  egg y o l k s, 

| 

0408 

19 

81 

0408 

19 

89 

0408 

91 

80 

04 * 8 

99 

80 

fresh,  dried,  cooked  by  steaming  or by  boiling  in| 

water,  m o u l d e d,  frozen  or  otherwise  preserved, 

whether  or not containing  added  sugar  or  other 

sweetening  m a t t er 

| 

| 

| 

(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 

Live poultry, that is to say, fowls of the 

species Gallus Domesticus, ducks, geese, turkeys 

and guinea fowl. 

(b) ex 0207 

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 

(c) 

0207 31 00 

Poultry livers, fresh, chilled or frozen 

0207 39 90 

0207 50 

0210 90 71 

Poultry livers salted, in brine, dried or smoked 

0210 90 79 

(d) 

0209 00 90 

Poultry fat  (not rendered), fresh, chilled, 

frozen, salted, in brine, dried or smoked 

(e) 

1501 00 90 

Poultry fat, rendered, whether or not pressed or 

solvent-extracted 

(f) 

1602 20 10 

Other prepared or preserved goose or duck liver 

1602 31 

1602 39 

Other prepared or preserved meat, or meat offal 

of poultry of heading N* 0105' 

2. Article 3 is replaced by the following : 

- 5 -

"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. 

In Annex I to Council Regulation  (EEC) N* 2658/87, heading 0408 is replaced 

by the following : 

Article 4 

Description 

Rate of 

duty 

autonomous 
(%) 
or 
levy 
(AGR) 

conven 
tional 
(%) 

Supple 
mentary 
unit 

2 

3 

4 

5 

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 

free 
22  (AGR) 

free 

-

0408 19 
0408 19 

20 

—  Other : 

Unfit for human consumption  (2) 
Other : 
Liquid 
Other, including frozen 

free 

free 

22  (AGR) 
22 (AGR) 

-

- Other : 

—  Dried : 

—  Other : 

Unfit for human consumption  (2) 
Other 

free 
22 (AGR) 

free 

-

Unfit for human consumption  (2) 
Other 

free 
22 (AGR) 

free 

(2)  Entry under this subheading is subject to 

conditions laid down in the 

relevant Community provisions. 

-
-

-

-

-
-

• 

CN 
code 

1 

0408 

0408 11 
0408 11 
0408 11 

20 
80 

0408 19 
0408 19 

81 
89 

0408 91 
0408 91 
0408 91 

20 
80 

0408 99 
0408 99 
0408 99 

20 
80 

-  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 

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 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED RECEIPTS 

5.2  METHOD OF CALCULATION : 

PERIOD OF 

12 MONTHS 

CURRENT FI 
NANCIAL YEAR 
(1992) 

FOLLOWING 
FINANCIAL 
YEAR  (1993) 

p.m. 

p.m. 

p.m. 

p.m. 

p.m. 

p.m. 

1994 

p.m. 
p.m. 

1995 

1996 

p.m. 
p.m. 

p.m. 
p.m. 

1997 

p.m. 
p.m. 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 

CHAPTER OF THE CURRENT BUDGET ? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE 

CURRENT BUDGET ? 

6.2  IS A SUPPLEMENTARY BUDGET NECESSARY ? 

6.3  WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 

OBSERVATIONS  : 

YES / NO 

YES / NO 

YES / NO 

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 

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