Proposal for a COUNCIL REGULATION (EC) OPENING AND PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMUNITY TARIFF QUOTAS FOR HIGH-QUALITY BEEF, AND FOR PIGMEAT, POULTRYMEAT, WHEAT AND MESLIN, AND BRANS, SHARPS AND OTHER RESIDUES
Date: 1994-02-21
Institutions: European Commission
Subjects: cereal product, cereals, certificate of origin, import licence, meat, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

COM(94) 44 final 
Brussels, 21.02.1994 

9 4 / 0 0 30  (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

OPENING AND PROVIDING FOR THE ADMINISTRATION 

OF CERTAIN COMMUNITY TARIFF QUOTAS FOR HIGH-QUALITY BEEF, 

AND FOR PIGMEAT, POULTRYMEAT, WHEAT AND MESLIN, 

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AND BRANS, SHARPS AND OTHER RESIDUES 

(presented  by  the Commission) 

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EXPLANATORY  MEMORANDUM 

1. On  20  December,  the  Council  adopted  the  Decision  concerning  the 
conclusion  of  agreements  on certain oilseeds  between  the European  Union 
and  Argentina,  Brazil,  Canada,  Poland,  Sweden  and  Uruguay.  These 
agreements  bring  to  a  close  the  Community  dispute  with  some  GATT 
partners on the Community oilseeds support regime. 

2. These  agreements  involve  EC annual  import tariff  quotas  of  300.000 tons 
of  quality  wheat,  18.000  tons  of  beef,  15.500  tons  of  poultry,  2.500 
tons of turkey, 7.000 tons of pork and 475.000 tons of brans, sharps and 
other  residues  under  certain  conditions.  It  is  necessary  to  open  these 
quotas on a permanent basis. 

3. This  draft regulation  opens the mentioned  quotas  fixing  the quantities, 
duties  and  levies which  apply  upon  their  import  into  the  Community.  It 
also  establishes  the  implementation  rules  to  be  drawn  up  by  the 
Commission  according  to the  "management committees" rules  on the market 
organizations  involved. 

4. The  new  quota  of  brands,  sharps  and  other  residues  involves  the 
abolition  of the  1988 quota agreed with Argentina  in the context of the 
negotiations  following the enlargement of the community. It is therefore 
necessary  to  abrogate  Regulation  1058/88  (which  opened  that  quota  in 
1988). 

5. This proposal has no financial implications. 

Proposal  for Council Regulation  (EC) No  .... 

of 

opening and providing for the administration of certain Community 
tariff quotas for high-quality  beef, and for pigmeat, poultrymeat, 
wheat and meslin, and brans, sharps and other residues 

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 the Community negotiated new tariff concessions under Article XXVII of 
the GATT; whereas these negotiations  led to agreements with Argentina, Brazil, 
Canada, Uruguay, Poland and Sweden; whereas these agreements were approved by 
Council Decision of 21.12.1993(*); 

whereas the agreements in question provide for the opening on 1 January 1994, 
under certain conditions, of annual tariff quotas for high-quality beef covered 
by CN codes  0201 30 00, 0202 30 90, 0206  10 95 and 0206 29 91, pigmeat covered 
by CN codes  0203  19 13 and  0203 29  15, poultrymeat covered by CN codes 
0207 41 10, 0207 41 41, 0207 41 71, 0207 42 10, 0207 42 11 and  0207 42 71, wheat 
and meslin covered by CN codes  1001  10 00 and  1001 90 99, and brans, sharps and 
other residues covered by CN codes 2302 30 10, 2302 30 90, 2303 40 10 and 
2303 40 20; whereas these quotas have therefore to be opened with effect from 
1 January 1994; 

Whereas the management agreements cover an undetermined period; whereas in the 
interests of rationalization  and efficiency, the quotas should therefore be 
opened on a multiannual basis; 

Whereas it is necessary to guarantee, in particular, that the rates fixed for 
these quotas are applied without interruption to all imports of the products in 
question until the quota volumes are used up; whereas, to this end, a system for 
using the Community tariff quotas based on the presentation of a certificate of 
authenticity  guaranteeing the nature, provenance and origin of the products may 
prove to be appropriate; 

Whereas the Council's approval of the abovementioned agreements renders 
redundant the system provided for in Council Regulation  (EEC) No 1058/88 of 
28 March  1988 on the import of bran, sharps and other residues derived from 
sifting, milling or other working  of cereals other than maize and rice and 
amending Regulation  (EEC) No 2658/87 on the tariff  and statistical  nomenclature 
and on the common Customs Tariff(2); whereas that Regulation  should 
consequently  be repealed; 

(1) 

(2) 

0J No L  104, 23.4.1988, p. 1 

V 

Whereas detailed rules for the application of this Regulation and, in 
particular, the provisions required  for the sound administration  of the quotas 
must be adopted  in accordance with the procedure  laid down  in Article  27 of 
Regulation  (EEC) No 805/68 on the common organization of the market  in beef and 
veal(3) or in the corresponding Articles of the other Regulations on the common 
organization of the markets affected by the opening of the quotas, 

whereas Council Regulation  (EEC) No 234/79 of 5 February  1979 on the procedure 
for adjusting the Common Customs Tariff nomenclature used  for agricultural 
products<4) and Council Regulation  (EEC) No 2658/87 of 23 July  1987 on the 
tariff and statistical nomenclature  and on the Common Customs Tariff(5) already 
provide that the commission may make the technical amendments  and adjustments to 
this Regulation as are necessary  following the amendments to the combined 
nomenclature and to the TARIC codes; whereas any adjustments  to the quota 
volumes and other quota requirements  adopted by the Council will also require 
that amendments to be made to this Regulation; whereas, for the purpose of 
simplifying matters, provision  should be made for the Commission to make such 
amendments  and adjustments to this Regulation in accordance with the procedure 
laid down in Article 27 of Regulation  (EEC) No 806/68 or in the other 
abovementioned Regulations; 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

An annual Community tariff quota of a total volume of  18 000 tonnes 
expressed  in product weight is hereby opened  for high-quality  beef, 
fresh, chilled or frozen covered by CN codes 02 01 and 0202 and for the 
products covered by CN codes 0206  10 95 and 0206 29 91  (...). 

2. 

Within the quota volume, the common customs Tariff duty applicable  shall 
be 20% and the variable  levy 0%. 

Article 2 

1. 

An annual  Community tariff quota of a total volume of 7 000 tonnes is 
hereby opened for pigmeat, fresh, chilled or frozen covered by CN 
codes  0203 19 13 and 0203 29 15  (...)• 

2. 

Within the quota volume, the variable levy shall be 0%. 

Article 3 

1. 

A Community  tariff quota of an annual total volume of  15 500 tonnes is 
hereby opened  for poultrymeat covered by CN codes  0207 41 10, 0207 41 41 
and 0207 41 71  (...). 

(3) 

0J No L  148, 28.6.1968, p. 24. Regulation last amended by Regulation 

(EEC) No 

(4) 

OJ No L 34, 9.2.1975, p. 2. Regulation last amended by Regulation  (EEC) 

No 3209/89, OJ No L 312, 27.10.1989, p. 5. 

(5) 

OJ No L 256, 7.9.1987, p. 1. Regulation last amended by Regulation  (EEC) 

No 1001/93, OJ No L  104, 29.4.1993, p. 28. 

2. 

Within the quota volume, the variable levy shall be 0%. 

Article 4 

1. 

An annual Community tariff quota of a total volume of 2 500 tonnes is 
hereby opened  for turkeymeat covered by CN codes 0207 42 10, 0207 42 11 
and 0207 42 71  (...). 

2. 

Within the quota volume, the variable levy shall be 0%. 

Article 5 

1. 

An annual Community tariff quota of a total volume of 300 000 tonnes is 
hereby opened for quality wheat covered by CN codes  1001 10 00 and 
1001 90 99  (...) . 

2. 

Within the quota volume, the variable levy shall be 0%. 

Article 6 

1. 

2. 

An annual tariff quota of a total volume of 475 000 tonnes is hereby 
opened  for brans, sharps and other residues of wheat and cereals other 
than maize and rice covered by CN codes 2302 30 10, 2302 30 90, 
2302 40 10 and 2302 40 90  (...). 

Within the quota volume, the variable levy shall be 0%. The Common 
Customs Tariff duty applicable shall be ECU 40,80 per tonne for products 
covered by CN codes 2302 30 10 and 2302 40 10, ECU  83,40 per tonne for 
products covered by CN code 2302 30 90 and ECU 83,00 per tonne for 
products covered by CN code 2302 40 90. 

Article 7 

The detailed rules for this Regulation and, as appropriate,: 
a) 

the provisions guaranteeing the nature, provenance and origin of the 
product; 
the provisions relating to the recognition of the document allowing the 
guarantees referred to in  (a) to be verified, 

the conditions for the issue of import licences and their term of 
validity 

b) 

and 
c) 

shall be adopted  in accordance with the procedure  laid down in Article 27 of 
Regulation  (EEC) No 805/68 or in the corresponding Articles of the other 
Regulations on the common organization of the markets concerned. 

Article 8 

The adjustments to the quota volumes and other quota requirements  provided  for 
in this Regulation resulting from Decisions adopted by the Council shall be 
adopted  in accordance with the procedure  laid down  [in Article 27 of Regulation 
(EEC) No 806/6 8] [or in the corresponding Articles of the other Regulations on 
the common organization of the markets concerned]. 

Article 9 

Regulation  (EEC) No 1058/88 is hereby repealed. 

Article 10 

This Regulation  shall enter into force on 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 all 
Member States. 

Done at Brussels, 

For the council 

~f-

ISSN 0254-1475 

COM(94) 44 final 

DOCUMENTS 

EN 

11  03  02 

Catalogue number : CB-CO-94-051-EN-C 

ISBN 92-77-65416-3 

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