Proposal for a COUNCIL REGULATION (EC) reducing the variable components applicable to certain goods originating in the Czech Republic resulting from the processing of agricultural products referred to in the Annex to Regulation (EC)
Date: 1993-12-06
Institutions: European Commission
Subjects: Czechoslovakia, agro-industry, import price, price formation, price of agricultural produce, reduced price

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

COM(93) 472  final 

Brussels, 6  December  1993 

Proposal  for a 
COUNCIL  REGULATION  (EC) 

reducing the variable  components  applicable to  certain  goods originating in 
the Czech  Republic  resulting  from  the processing of  agricultural  products 

referred to in the  Annex  to Regulation  (EC) No 

/93 

Proposal  for a 
COUNCIL REGULATION  (EC) 

reducing the variable components  applicable to certain goods originating in 
the  Slovak  Republic resulting from the processing of  agricultural  products 

referred to in the  Annex to Regulation  (EC) No 

/93 

(presented by the Commission) 

••%pz' 

L. 

EXPLANATORY  MEMORANDUM 

In accordance with  the additional  Protocols  initialled  between  the 
Community  and, respectively, the Czech  Republic  and  the Slovak  Republic, 
the agreement  initialled with  the  former  Czech  and Slovak  Federal 
Republic  applies  to each of  these new States with  the amendments  referred 
to  In each of  the Protocols concerned. 

The Czech  and Slovak  Republics have  informed  the Community  that  they  have 
mutually  agreed  to share,  in a ratio of 2 to  1, the quota  initially 
established  in Council  Regulation  (EEC) No 2109/92 of 28 July  1992 
pursuant  to Protocol  3 of  the agreement with  the  former  Czech  and Slovak 
Federal  Republic. 

Article 2(2) of Protocol  3 of  the agreement  with  the  former  Czech and 
Slovak  Federal  Republic provides  that, for  the determination of  the 
agricultural  component of  the  levy, account  is to be  taken of  the 
measures adopted  pursuant  to Article  14 of  the agreement. Article 8 of 
the additional  Protocols concerned  provides that  the reductions  in the 
levy  for  the agricultural  products  listed  in Annex  XI I lb,  in particular 
the agricultural  products considered  to be basic  products, are  to apply 
from  1 January  1994.  In addition, the abovementioned Annex  XI I lb also 
refers  to the percentage  reductions  in the  levy  and  the quotas  concerned 
from  that date. 

The aim of  these proposals  for  regulations  is therefore  to apply 
Protocol  3 to each of  the new States, taking as a reference quota  for  the 
reduction of  the mobile components  the value also adopted  in Regulation 
(EEC) No 2109/92  (ECU 3 624 000, which corresponds  to the value of 
imports of  the goods  listed  in the Annex  to Protocol  3  in  1990), while 
also covering  the same period  as that  for  the basic  products  listed  in 
Annex  XI I lb to the agreement. 

Proposal  for a 

JNCIL RFftULATION  < f-ç } 

reducing  the variable components applicable to 
certain goods originating  in the Czech  Republic 
resulting from  the processing of 
agricultural  products  referred  to  in the Annex  to 

Regulation  (EC) No 

/93 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to the proposal  from  the Commission, 

Whereas Council  Regulation  (EC) No 
1993  laying down the 
trade arrangements applicable to certain goods  resulting  from  the processing 
of agricultural  products*1^ establishes  the method of  calculation of 
variable components applicable  to goods referred  to  in Table  1 of Annex B 
thereto; 

/93 of 

Whereas, Article  1 of  the Supplementary  Protocol, between  the European 
Economic Community  and  the Czech Republic^2*  to the  Interim  Agreement 
between  the European Economic Community and  the European Coal  and Steel 
Community, of  the one part, and  the Czech  and Slovak  Federal  Republic of the 
other  part, on  trade and trade related matters provides  that  the  latter 
shall  apply  to the Czech Republic with  the amendments  referred  to therein; 

Whereas Article 2(2) of Protocol  No 3 to the  Interim Agreement  between  the 
European  Economic Community  and  the European Coal  and  Steel  Community, of 
the one part, and  the Czech Republic, of  the other  part, on  trade and  trade 
related matters provides  that  account  shall  be  taken of  the measures, as 
amended  by  the Additional  Protocol<3) to the above mentioned  Interim 
Agreement,  in force since  1 July  1993^4^  adopted  pursuant  to Article  14 of 
the Agreement. Whereas  the said measures provide  in particular  for a 20% 
levy  reduction during  the first  year, a 40% reduction  during  the second year 
and a 60% reduction  from  1 July, applicable  to skimmed  milk  powder  and 
butter  and  to barley within  the  limits of  quantities established  on  the 
basis of  traditional  imports of  these products  increased  by  an average of 
10% for each  year; 

Whereas Council  Regulation  (EEC) No 2109/92 of  28 July  1992 reducing  the 
variable components applicable to certain goods originating  in the former 

(1) OJ  L n° 
(2) OJ L n°115, 30.4.1992, p.1. 
(3) OJ  n° L  195, 4.8.1993, p. 47 
(4) Council  Decision OJ n°L195, 4.8.1993, p.42 

Czech  and  Slovak  Federal  Republic,(5) on  the basis of  a method  equivalent 
to that  for  agricultural  products used  in the composition of  the goods 
referred  to  in Protocol  3, has taken as a reference  for  the establishment of 
the quota  reducing  these variable components  the value of  the goods subject 
under  the Agreement  to the collection of  an agricultural  levy  component 
imported  from  the Czech and Slovak  Federal  Republic during  1990,  increased 
by  10% for  the year  1992; whereas, by virtue of  the exchanges of  letters 
between  the Commission of  the European Communities, of  the one part, and  the 
Czech  Republic and  the Slovak  Republic, of  the other  part, these  countries 
have stated  that  they  have mutually  agreed  to share  the quota  in a ratio, 
respectively, of 2 to 1 ; 

Whereas, by virtue of Article 8 of  the Supplementary  Protocol, the sharing 
of  the quotas  referred  to  in Annex  XI I lb  is applicable  to skimmed milk 
powder  and butter  and  to barley  from  1 January  1994; whereas, taking  account 
of  the measures adopted  for  the abovementloned agricultural  products used  in 
the composition of  the goods  listed  in the Annex  to Protocol  3,  it is 
necessary  to provide  for a reduction of  the variable  components of  the said 
goods and  the quota concerned  applicable  from  the same date and during  the 
successive periods referred  to  in Table  1 of  the Annex  to Protocol  3; 

HAS ADOPTED THIS REGULATION 

Art icle 1 

1. From  1 January  1994, goods originating  in the Czech  Republic  listed  in 

Annex  1 to this Regulation shall  be subject  to a reduced  variable 
component  determined  in accordance with Article  2 within  the  limits of an 
ad  valorem  quota of  ECU 3 140 800 for  the year  1994, 3 382 400 for  the 
year  1995 and 3 624 000 for  the year  1996 and successive years. 

2.  For  the purposes of  this Regulation, goods meeting  the conditions 

established by Protocol  No 4 to the Agreement  are considered  to be 
"originating goods". 

Art icle 2 

/93, between  the average  threshold  price and  the average  cif price or 

The  reduced  variable components shall  be calculated  by  reducing  the 
difference, established  in accordance with Article  3(2) of  Regulation  (EC) 
No 
free-at-frontier  price  for each basic product  by 30%, except  that  the 
difference  established  for basic products  falling within Chapter  4 of  the 
Combined  Nomenclature  (dairy products) and  for barley  shall  be  reduced by 
60%. 

(5) OJ  L No 212, 28.7.1992, p. 4. 

3 

The amounts  thus obtained  shall  apply  to the quantities of  basic  products 
considered  to have been used  in the manufacture of  the goods concerned  in 
accordance with  Article  13(2) of Regulation  (EC) No 

/93. 

Article 3 

The variable components  applicable  to goods  listed  in the Annex  to 
Regulation  (EC) No 
and  to goods admitted  once  the quota  referred  to  in Article  1 has been 
exceeded  shall  be those established  directly  pursuant  to Article  3 of 
Regulation  (EC) No 

/93 but  not  listed  in the Annex  to  this Regulation 

/93. 

Art icle 4 

This Regulation  shall  enter  into force  the day of  its publication  in the 
Official  Journal  of  the European Communities.  It shall  apply  from 
1 January  1994. 

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

Done at Brussels, 

For  the CounciI 

(o 

Proposal  for a 

COUNCIL REGULATION (EC) 

reducing the variable components applicable to 
certain goods originating  in the Slovak Republic 
resulting from the processing of 
agricultural  products referred to in the Annex to 

Regulation (EC) No 

/93 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal  from the Commission, 

Whereas Council Regulation (EC) No 
trade arrangements applicable to certain goods resulting from the processing 
of agricultural  products^1* establishes the method of calculation of 
variable components applicable to goods referred to in Table 1 of Annex B 
thereto; 

1993 laying down the 

/93 of 

Whereas Article 1 of the Supplementary Protocol, between the European 
Economic Community and the Slovak Republic^2), to the Interim Agreement 
between the European Economic Community and the European Coal and Steel 
Community, of the one part, and the Czech and Slovak Federal Republic, of 
the other part, on trade and trade related matters provides that the latter 
shall apply to the Slovak Republic with the amendments referred to therein; 

Whereas Article 2(2) of Protocol No 3 to the Interim Agreement between the 
European Economic Community and the European Coal and Steel Community, of 
the one part, and the Slovak Republic, of the other part, on trade and trade 
related matters provides that account shall be taken of the measures adopted 
pursuant to Article 14 of the Agreement. Whereas the said measures, as 
amended by the Additional  Protocol(3) to the above mentioned  Interim 
Agreement, in force since 1 July  1993(4), provide  in particular  for a 20% 
levy reduction during the first year, a 40% reduction during the second year 
and a 60% reduction from 1 July 1993 applicable to skimmed milk powder and 
butter and to barley within the limits of quantities established on the 
basis of traditional  imports of these products  increased by an average of 
10% for each year; 

Whereas Council Regulation (EEC) No 2109/92 of 28 July  1992 reducing the 
variable components applicable to certain goods originating  in the former 

(1) OJ N°L 
(2) OJ L n°115, 30.4.1992,p.1 
(3) OJ n° L195, 4.8.1993, p.47 
(4) Council Decision, OJ n°L 195, 4.8.1993, p.42. 

¥ 

Czech and Slovak  Federal  Republic,^5^ on  the basis of  a method  equivalent 
to that  for agricultural  products used  in the composition of  the goods 
referred  to  in Protocol  3, has taken as a reference  for  the establishment of 
the quota  reducing  these variable components  the value of  the goods subject 
under  the Agreement  to the collection of  an agricultural  levy component 
imported  from the Czech and Slovak  Federal  Republic during  1990, increased 
by  10% for  the year  1992; whereas, by  virtue of  the exchanges of  letters 
between  the Commission of  the European Communities, of  the one part, and the 
Czech Republic and  the Slovak Republic, of  the other  part, these countries 
have stated  that  they have mutually  agreed  to share  the quota  in a ratio, 
respectively, of 2 to 1; 

Whereas, by virtue of Article 8 of  the Supplementary  Protocol, the sharing 
of  the quotas referred  to  in Annex  XI I lb  is applicable  to skimmed milk 
powder  and butter  and  to barley  from  1 January  1994; whereas, taking account 
of  the measures adopted  for  the abovementioned agricultural  products used  in 
the composition of  the goods  listed  in the Annex  to Protocol  3,  it is 
necessary  to provide  for a reduction of  the variable  components of  the said 
goods and  the quota concerned  applicable  from  the same date and  during the 
successive periods  referred  to  in Table  1 of  the Annex  to Protocol  3; 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. From  1 January  1994, goods originating  in the Slovak  Republic  listed  in 

Annex  1 to this Regulation  shall  be subject  to a reduced  variable 
component  determined  in accordance  with Article  2 within  the  limits of an 
ad  valorem  quota of  ECU  1 570 400  for  the year  1994, 1 691  200 for  the 
year  1995 and  1 812 000 for  the year  1996 and  successive years. 

2.  For  the purposes of  this Regulation, goods meeting  the conditions 

established by Protocol  No 4 to the Agreement  are considered  to be 
"originating goods". 

Art icle 2 

/93, between  the average  threshold  price and  the average cif price or 

The  reduced variable components shall  be calculated  by  reducing  the 
difference, established  in accordance with Article  3(2) of  Regulation  (EC) 
No 
free-at-frontier  price  for each basic  product  by 30%, except  that  the 
difference established  for basic products  falling within Chapter  4 of  the 
Combined Nomenclature  (dairy products) and  for  barley  shall  be reduced by 
60%. 

(5) OJ  L No 212, 28.7.1992, p. 4. 

G 

The  amounts  thus  obtained  shall  apply  to  the  quantities  of  basic  products 
considered  to  have  been  used  in  the  manufacture  of  the  goods  concerned  in 
accordance  with  Article  13(2) of  Regulation  (EC) No 

/93. 

Article  3 

The  variable  components  applicable  to  goods  listed  in  the  Annex  to 
Regulation  (EC) No 
and  to  goods  admitted  once  the  quota  referred  to  in Article  1 has  been 
exceeded  shall  be  those  established  directly  pursuant  to  Article  3 of 
Regulation  (EC) No 

/93  but  not  listed  in  the  Annex  to  this  Regulation 

/93. 

Art icle  4 

This  Regulation  shall  enter  into  force  the  day  of  its  publication  in  the 
Official  Journal  of  the  European  Communities.  It  shall  apply  from 
1  January  1994. 

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

Done  at  Brussels, 

For  the  Counci 

ISSN 0254  1475 

COM(93) 472 final 

DOCUMENTS 

EN 

11  03  02 

Catalogue number : CB-CO-93-695-EN-C 

ISBN 92-77-62617-8 

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