Proposal for a COUNCIL REGULATION (EC) amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff for certain processed agricultural products covered by Regulation (EC) No 3448/93
Date: 1996-06-21
Institutions: European Commission
Subjects: agro-industry, common customs tariff, maize, tariff negotiations, tariff nomenclature

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  21.06.1996 
COM(96) 290 final 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and 
statistical nomenclature and on the Common Customs TarifTfor certain processed 
agricultural products covered by Regulation (EC) No 3448/93 

(presented  by the Commission) 

.  '  ' 

'; 

h. 

Explanatory memorandum 

The Community's offer  in the multilateral Uruguay Round negotiations led to increases in 
some of the duties applicable to certain goods not covered by Annex II to the Treaty and 
subject  to  the  trade  arrangements  applicable  to  certain  goods  resulting  from  the 
processing  of agricultural  products  laid  down by Council Regulation  (EC) No 3448/93. 
Some of these increases are due to peculiarities of these goods which were not taken into 
account in the Community's  offer. 

Accordingly, the duties which have applied to certain goods since  1  July  1995 no longer 
correspond to the principles established in Regulation (EC) No 3448/93. 

It is therefore  proposed to reinstate for these goods, on an autonomous basis, the method 
for calculating the duties that was used up to 30 June 1995, with effect from 1  July 1995. 

1 

Proposal  for a 

COUNCIL REGULATION  (EC) 

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and 
statistical nomenclature and on the Common Customs TarifTfor certain processed 
agricultural products covered by Regulation (EC) No 3448/93 

THE COUNCIL OF THE  EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas the goods  referred  to  in Annex B to  Council Regulation  (EC) No  3448/93  of 
6 December  19931  laying  down  the  trade  arrangements  applicable  to  certain  goods 
resulting from the processing of agricultural  products were subject  until 30 June  1995 to 
the  application  of  a variable  component;  whereas  a tariff  has  been  established  for  these 
variable  components  and  they  are  now  replaced  by  specific  amounts  which  were  the 
subject of the Community's offer  in the multilateral negotiations of the Uruguay Round; 

Whereas for  certain goods the previous arrangements, which were more favourable  than 
those covered by the Community's offer,  should be maintained; 

Whereas  particularly  as  regards  sweet  corn  as  covered  by  CN  codes  0710 40 00 
071190 30,  200190 30,  200190 40,  2004 90 10,  2005 80 00,  2008 99 85  and 
2008 99 91  the  variable  components  were  calculated  on  the  basis  of  the  net  drained 
weight; whereas the specific amount should likewise be applied to the net drained weight; 
whereas,  as regards extracts,  essences and concentrates  of roast  coffee  substitutes  under 
CN code 2101 30 99, the ad valorem duty of 14% must be maintained so long as the rates 
agreed  in  the  agreements  concluded  in  the  Uruguay  Round  lead  to  a  higher  rate  of 
conventional  duty;  whereas  this  also  applies  to  sorbitols  containing  more  than  2% 
D-mannitol,  falling  within  CN  codes  2905  44  19,  2905  44  99,  3824  60  19  and 
3824 60 99, to which an ad valorem duty of 9% applies autonomously; whereas yeast is a 
product  essentially  obtained  from  molasses  and  this  connection  should  continue  to  be 
taken into account, so the amount  of the agricultural  component  calculated  on the earlier 
basis should not be applied, since this amount is less than ECU 2/100 kg; 

Whereas the abovementioned duties are higher than the rates which were in force  before 
1 July  1995 without there being any need for such an increase; whereas the corrected rates 
should  therefore  be  applied  with  retroactive  effect  from  1  July  1995, when  the  rates  in 
question were introduced, 

OJ No L 318, 20.12.1993, p. 18. 

3 

HAS ADOPTED THIS REGULATION: 

Article 1 

Annex I to Regulation (EEC) No 2658/87 shall be amended as follows: 

1. 
A reference to the following  footnote  shall be added to  subheadings 0710 40 00, 
0711 90 30,  2001 90 30,  2001 90 40,  2004 90  10,  2005 80 00,  2008 99 85  and 
2008 99 91, in column 4 (conventional rates of duty): 

"the specific  amount  is  charged,  as  an autonomous  measure,  on the  net drained 
weight" 

Under  subheading  2101 30 99,  footnote  (2)  in  column  3  (autonomous  rates  of 

2. 
duty) shall be reproduced in column 4 (conventional rates of duty). 

This measure shall apply so long as the conventional rate is higher than 14%. 

3. 
Under  subheadings  2905 44  19,  2905 44 99,  3824 60  19  and  3824  60  99, 
footnote  (:)  in column  3  (autonomous  rates  of  duty)  shall  be  reproduced  in  column  4 
(conventional rates of duty). 

Under  subheadings  2102  10 31  and  2102  10 39,  footnote  (')  in  column  3 

4. 
(autonomous rates of duty) shall be replaced by the following note: 

"O  Duty  suspended  at  the  level  of  the  ad  valorem  conventional  duty  for  an 
indefinite period." 

Article 2 

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

It shall apply as from 1  July 1995. 

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

Done at Brussels, 

For the Council 

K 

FINANCIAL STATEMENT 

BUDGET HEADING:  Art. 10 

Item 1000 

DATE: 
APPROPRIATIONS: 
ECU 864 000 000 

TITLE: Council Regulation amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff for certain processed agricultural  products covered by Regulation (EC) 
No 3448/93. 
LEGAL BASIS: Article 28 of the Treaty. 
AIMS OF PROJECT: autonomous reduction of duties in order to maintain specific components of the previous 
arrangements applicable to certain goods mentioned in Annex B to Regulation (EC) No 3448/93. 
FINANCIAL  IMPLICATIONS 

PERIOD OF 12 
MONTHS 

CURRENT 
FINANCIAL YEAR 
() 

FOLLOWING 
FINANCIAL YEAR 
() 

5.0. 

EXPENDITURE CHARGED: 
- TO THE EC BUDGET 

(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
-OTHER 
REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

max. -5 857 000 
(duties not levied) 

ESTIMATED  EXPENDITURE 
ESTIMATED REVENUE 
METHOD OF CALCULATION: maximum loss: calculated on the part of average imports for  1993 and  1994 concerned 
by the project: 
sweet corn: 76 000 tonnes with an average reduction of ECU 62/tonne = ECU 4 712 000; 
extracts, essences and concentrates of roast coffee  substitutes:  1.9% of ECU 2 697 000, or ECU 51 300; 
yeasts: ECU 595/tonne for  1165 tonnes + ECU  175/tonne for 2125 tonnes = ECU  1  065 000. 
Sorbitols: 2.6% of ECU 949.500 = ECU 24.687 

The increase in duties from  1  July  1995 has affected  the level of imports and hence of Community revenue;  however, it 
cannot be determined on an annual basis for the time being.  The proposal should help to restore the level of traditional 
trade in volume terms. 
CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT 
BUDGET? 
IS A SUPPLEMENTARY  BUDGET NECESSARY? 
WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

YES/NO 
YES/NO 
Y-ES/NO 

YES/NO 

The aim of the proposal  is to reinstate the method of calculating import duties according to the arrangements 
in force until 30 June  1995.  This should help restore the volume of trade, and hence also of revenue, to its 
level prior to that date.  Given the lack of sufficient  data on trade since .1 July  1995, it is not possible to 
determine the extent to which imports have been affected  by the increase in duties and so calculate the 
precise impact on Community  revenue compared with the duties currently in force. 

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6.2. 
6.3. 
OBSERVATIONS: 

5.1. 

5.0.1. 
5.1.1. 
5.2. 

6.0. 

6.1. 

ISSN 0254-1475 

COM(96) 290 final 

DOCUMENTS 

EN 

03  02  17 

Catalogue number  : CB-CO-96-297-EN-C 

ISBN  92-78-05644-8 

Office for Official Publications of the European Communities 

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