Council Regulation (EC) No 1097/98 of 25 May 1998 amending Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Date: 1998-05-25
Institutions: Council of the European Union
Subjects: CCT duties, agricultural product, agro-industry, export, import, trading operation

30. 5. 98

‹

EN

‹

Official Journal of the European Communities

L 157/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1097/98

of 25 May 1998

amending Regulation (EC) No 3448/93 laying down the trade arrangements
applicable to certain goods resulting from the processing of agricultural
products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 43 and 113 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
liament (2),

the European Par-

Whereas Council Regulation (EC) No 3448/93 (3)
laid
down the trade arrangements applicable to certain goods
resulting from the processing of agricultural products;

referred to as

Whereas following the entry into force of the agreements
resulting from the Uruguay Round multilateral negoti-
the Community negotiated various agreements
ations,
(hereinafter
the ‘GATT agreements’);
whereas several of those agreements concern agriculture,
particularly the Agreement on Agriculture (hereinafter
referred to as ‘the Agreement’); whereas under the Agree-
ment the Community no longer applies variable levies to
imports of agricultural products or variable components;
whereas as a result a number of provisions of Regulation
(EC) No 3448/93 have to be adapted to this new situation
to make their meaning clear; whereas other provisions are
now no longer applicable;

the Community’s

Whereas under certain preferential agreements reductions
are granted on the agricultural components within the
commercial policy;
framework of
whereas these reductions are established with reference to
the agricultural components applicable to non-preferen-
tial trade; whereas these reduced amounts must therefore
be converted into national currency at the same rate as
applied for conversion of the non-reduced amounts;

Whereas under certain preferential agreements conces-
sions are granted within quota limits relating to both agri-

(1) OJ C 105, 11. 4. 1996, p. 8.
(2) OJ C 347, 25. 10. 1996, p. 464.
(3) OJ L 318, 20. 12. 1993, p. 18.

cultural and non-agricultural protection, or non-agricul-
tural protection is subject to reductions as a consequence
of such agreements; whereas it is essential that the man-
agement of the non-agricultural part of protection should
be subject to the same rules as for the agricultural part;

by

the

agriculture

Regulation

Whereas, following the amendments made to the various
Regulations on the common organisation of the markets
in
(EC)
sector
No 3290/94 (4), refunds for certain agricultural products
exported in the form of goods not covered by Annex II to
the Treaty may be granted only if they are in line with
the commitments entered into by the Community
pursuant to Article 228 of the Treaty; whereas the ar-
rangements needed to ensure compliance with such com-
mitments can be adopted under the procedure referred to
in Article 16 of Regulation (EC) No 3448/93;

Whereas it is necessary therefore to amend Regulation
(EC) No 3448/93,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 3448/93 is hereby amended as
follows:

1. in Article 1:

(a) paragraphs 1 and 2 shall be replaced by the fol-

lowing:

‘1.
This Regulation determines the trade arrange-
ments applicable to certain goods defined in Annex
B.

(4) OJ L 349, 31. 12. 1994, p. 105. Regulation as last amended by
Regulation (EC) No 1161/97 (OJ L 169, 27. 6. 1997, p. 1).

L 157/2

‹

EN

‹

Official Journal of the European Communities

30. 5. 98

2.

For the purposes of this Regulation:

— “agricultural products”

shall mean products

covered by Annex II to the Treaty,

— “goods” shall mean products not covered by
Annex II to the Treaty and listed in Annex B.’;

(b) the following paragraph shall be inserted:

For the purposes of application of certain

‘2a.
preferential agreements:

— “agricultural component” shall mean the part of
the charge corresponding to the Community
Customs Tariff duties applicable to the agricul-
tural products listed in Annex A or, where
appropriate, the duties applicable to agricultural
products originating in the countries concerned
for the quantities of these agricultural products
considered to have been used, as referred to in
Article 13,

the

— “non-agricultural component” shall mean the
part of
corresponding to the
Common Customs Tariff duties, reduced by the
agricultural component defined in the first
indent,

charge

— “basic products” shall mean certain agricultural
products covered by Annex A to this Regulation
or assimilated to those products or resulting
for which the duties
from their processing,
published in the Common Customs Tariff serve
to determine the agricultural component of the
charge applicable to the goods.’;

2. in Title I, Chapter I shall be replaced by the following:

‘CHAPTER I

Importation

Section I

Trade with non-member countries

Article 2

1.
Save where otherwise provided in this Regulation,
the Common Customs Tariff duties shall apply to the
goods listed in Annex B.

For the goods listed in Table 1 of Annex B, the charge
shall consist of an ad valorem duty, designated the
“fixed component”, and a specific amount set in ecus,
designated the “agricultural component”.

For the goods listed in Table 2 of Annex B, the agri-
cultural component of the charge shall be part of the
charge applicable to imports of such goods.

2.
Subject to Articles 10 and 10a, the levying of any
customs duty or charge having equivalent effect other
than the charge provided for in paragraph 1 shall be
prohibited.

for

rules

The general

interpretation of

3.
the
Combined Nomenclature and the special rules for
application of the Nomenclature shall apply for the
purposes of classification of the products covered by
this Regulation; the tariff nomenclature resulting from
application of this Regulation shall be included in the
Common Customs Tariff.

The detailed rules for application of this Regula-
4.
tion shall be adopted in accordance with the procedure
laid down in Article 16.

Article 3

(Deleted)

Article 4

1. Where the Common Customs Tariff lays down a
maximum charge, the charge provided for in Article
2 may not exceed this maximum.

Where the maximum charge referred to in the
previous subparagraph may be applied only under
specific conditions, these conditions shall be deter-
mined in accordance with the procedure laid down in
Article 11(1) of Council Regulation (EEC) No 2658/87
of 23 July 1987 on the tariff and statistical nomen-
clature and on the Common Customs Tariff (*).

2. Where the maximum charge consists of an ad
valorem duty plus an additional duty on various kinds
of sugar, expressed as sucrose (AD S/Z), or on flour
(AD F/M), such additional duty shall be that laid down
in the Common Customs Tariff.

(*) OJ L 256, 7.9.1987, p. 1. Regulation as

last
amended by Regulation (EC) No 2308/97 (OJ
L 321, 22.11.1997, p. 1).

Article 5

(Deleted)

Section II

Preferential trade

Article 6

The agricultural component applicable in the
1.
framework of preferential trade shall be the specific
amount fixed in the Common Customs Tariff.

However, where the country or countries concerned
satisfy the requirements of Community legislation for
processed products, adopt the same basic products as
the Community, cover the same goods and use the
same coefficients as the Community:

30. 5. 98

‹

EN

‹

Official Journal of the European Communities

L 157/3

(a) this agricultural component may be determined on
the basis of the quantities of basic products actually
used if the Community has concluded a customs
cooperation agreement covering the establishment
of such quantities;

(b) the duty applicable on importation of the basic
product may be replaced by an amount established
on the basis of the difference between agricultural
prices in the Community and those in the country
or region concerned, or by an amount offsetting a
jointly established price for the region concerned;

(c) where application of point (b) results in amounts
with little impact on the goods covered, this ar-
rangement may be replaced by a system of flat rate
amounts or rates.

2.
The agricultural components, with any reduc-
tions, applicable to imports under a preferential agree-
ment shall be converted into national currency by
applying the same exchange rate as applicable to non-
preferential trade.

The ad valorem duties corresponding to the agri-
3.
cultural component of the charge for the goods in
Table 2 of Annex B may be replaced by another agri-
cultural component where provided for by a preferen-
tial agreement.

The detailed rules for applying this Article shall
4.
be adopted in accordance with the procedure laid
down in Article 16.

If necessary, these detailed rules shall cover in par-
ticular:

— completion and circulation of

the documents

necessary for granting these arrangements,

— the measures necessary to avoid diversions of trade,

— the list of basic products.

5. Where methods of analysing the agricultural
products used are necessary, the methods specified for
the agricultural products in question in the case of
refunds on exports to third countries shall be used.

6.
The Commission shall publish the charges res-
ulting from application of the agreements referred to
in paragraphs 2 and 3.

Article 7

1. Where a preferential agreement provides for the
reduction or phasing-out of the non-agricultural part of
the charge, this shall be the fixed component in the
case of the goods listed in Table 1 of Annex B.

2. Where a preferential agreement provides for a
reduction in the agricultural component, whether or
not within the limits of a tariff quota, the detailed rules
for determining and managing such reduced agricul-
tural components shall be adopted in accordance with
the procedure laid down in Article 16, provided the
agreement specifies:

— the products eligible for these reductions,

— the quantities of goods or value of any quotas to
which these reductions apply or the method of
calculating these quantities or values,

— the factors determining the reduction in the agri-

cultural component.

3.
The detailed rules necessary for initiating and
in the non-agricultural com-
managing reductions
ponents of the charge shall be adopted in accordance
with the procedure laid down in Article 16.

The Commission shall publish the charges res-
4.
ulting from application of the preferential agreements
referred to in paragraphs 1 and 2.’;

3. the following Article shall be added after Article 10:

‘Article 10a

In order to prevent or counteract adverse effects
1.
on the Community market which may result from
imports of certain goods resulting from the processing
of agricultural products, listed in Annex C, importation
at
the rate of duty provided for in the Common
Customs Tariff of one or more of such goods shall be
subject to the payment of an additional import duty if
the conditions set out in Article 5 of the Agreement
have been fulfilled unless the imports are unlikely to
disturb the Community market or where the effects
would be disproportionate to the intended objective.

2.
The trigger prices below which an additional
import duty may be imposed shall be those forwarded
to the World Trade Organisation by the Community.

The trigger quantities which must be exceeded in
order for an additional import duty to be imposed shall
be determined, inter alia, on the basis of imports into
the Community in the three years preceding that in
which the adverse effects referred to in paragraph 1
arise or seem likely to arise.

The import prices to be taken into consideration
3.
when imposing an additional
import duty shall be
determined on the basis of the cif import prices of the
consignment concerned.

4.
The detailed implementing rules shall be adopted
in accordance with the procedure laid down in
Article 16.

L 157/4

‹

EN

‹

Official Journal of the European Communities

30. 5. 98

These rules shall cover in particular:

(a) the goods to which additional

import duties are

applied under Article 5 of the Agreement;

(b) the other criteria necessary for application of para-
graph 1 in accordance with Article 5 of the Agree-
ment.’;

4. in Article 12, paragraph 1 shall be deleted. Paragraph 3

shall be replaced by the following:

The Commission shall adapt this Regulation or
‘3.
Regulations adopted pursuant thereto to any amend-
ments to the Combined Nomenclature.’;

5. the text of Article 13 shall be replaced by the fol-

lowing:

‘Article 13

1.
This Article shall apply to all preferential trade
for which determination of the agricultural component
of the charge, possibly reduced under the conditions
laid down in Article 7,
is not based on the actual
content referred to in Article 6(1)(a) and/or for which
the basic amounts are not based on the price dif-
ferences referred to in Article 6(1)(b).

Any amendments to be made to this Regulation shall
be adopted in accordance with the procedure laid
down in Article 16.

(*) OJ L 187, 26.7.1996, p. 18.’;

6. in Article 14, paragraph 1 shall be replaced by the

following:

‘1.
The threshold or thresholds below which the
agricultural components established in accordance with
Articles 6 and 7 shall be fixed at zero may be laid
down in accordance with the procedure laid down in
Article 16. The non-application of these agricultural
components may be made subject to special condi-
tions, in accordance with the same procedure, in order
to avoid creating artificial trade flows’;

7. Article 18 shall be replaced by the following:

‘Article 18

The measures necessary to adapt this Regulation to
amendments made to the Regulations on the common
organisation of the market in agricultural products in
order to maintain the existing arrangements shall be
adopted in accordance with the procedure laid down in
Article 16.’;

8. in Annex B, the titles under ‘Table 1’ and ‘Table 2’

shall be deleted;

9. the Annex to this Regulation is hereby added as Annex

C to Regulation (EC) No 3448/93.

The characteristics of the basic products and the
2.
quantities of
the basic products to be taken into
account shall be those laid down by Commission
Regulation (EC) No 1460/96 (*).

Article 2

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, 25 May 1998.

For the Council

The President

J. CUNNINGHAM

30. 5. 98

‹

EN

‹

Official Journal of the European Communities

L 157/5

ANNEX

‘ANNEX C

Description of goods

Yogurt, flavoured or containing added fruit, nuts or cocoa

Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk
containing added fruit, nuts or cocoa

CN code

0403 10 51
to
0403 10 99

0403 10 71
to
0403 90 99

0710 40

Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen

0711 90 30

1517 10 10

1517 90 10

Sweetcorn provisionally preserved (for example, by sulphur dioxide gas,
in brine,
sulphur water or in other preservative solutions) but unsuitable in that state for im-
mediate consumption

Margarine, excluding liquid margarine containing more than 10 % but not more than
15 % by weight of milk fats

Other edible mixtures or preparations of animal or vegetable fats or oils or fractions of
different fats or oils of this chapter, other than edible fats or oils or their fractions of
heading No 1516, containing more than 10 % but not more than 15 % by weight of
milk fats

1702 50 00

Chemically pure fructose

2005 80 00

Sweet corn (Zea mays var. saccharata) prepared or preserved otherwise than by
vinegar or acetic acid, not frozen

2905 43 00

Mannitol:

D-Glucitol (Sorbitol):

– in aqueous solution:

2905 44 11

– – containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

2905 44 19

– – other

– other:

2905 44 91

– – containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

2905 44 99

– – other

3505 10 10

Dextrin

3505 10 92

Other modified starches, excluding esterified or etherified starches, amilomers, cadex-
omers, crilanomers and eldexomers

Glues based on starches or on dextrins or other modified starches:

3505 20 10

– containing, by weight, less than 25 % of starches or dextrins or other modified star-

ches

3505 20 30

– containing, by weight, 25 % or more but less than 55 % of starches or dextrins or

other modified starches

3505 20 50

– containing, by weight, 55 % or more but less than 80 % of starches or dextrins or

other modified starches

3505 20 90

– containing, by weight, 80 % or more of starches or dextrins or other modified star-

ches

L 157/6

‹

EN

‹

Official Journal of the European Communities

30. 5. 98

CN code

Description of goods

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs or other
products and preparations (for example, dressings and mordants), of a kind used in the
paper, leather or like industries, with a basis of amylaceous substances, not elsewhere
specified or included:

– containing by weight of such substances less than 55 %

– containing by weight of such substances 55 % or more but less than 70 %

– containing by weight of such substances 70 % or more but less than 83 %

– containing by weight of such substances 83 % or more

3809 10 10

3809 10 30

3809 10 50

3809 10 90

Sorbitol other than of CN code 2905 44:

– in aqueous solution:

3824 60 11

– – containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

3824 60 19

– – other

– other:

3824 60 91

– – containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

3824 60 99

– – other’

content