Proposal for a Council Regulation (EC) renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products
Date: 1998-10-26
Institutions: European Commission
Subjects: Norway, Switzerland, agro-industry, tariff preference, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 26.10.1998 
COM(1998) 606  final 

98/0298 (ACC) 

Proposal for a 

COUNCIL REGULATION (EC) 

renewing for  1999 the measures laid down in Regulation (EC) No  1416/95 establishing 
certain concessions in the form  of Community tariff quotas in 1995 for certain processed 
agricultural products 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Pursuant  to  Articles  76,  102 and  128 of  the  Act  of  Accession,  Austria,  Finland  and 
Sweden  had  to  apply,  with  effect  from  1  January  1995,  the  provisions  of  the 
preferential  agreements  concluded  by  the  Community  with  certain  third  countries 
(Switzerland  and Norway), it being understood that all the amendments required  as a 
result  of  enlargement  would  be the  subject  of  additional  protocols  to  be  negotiated 
with the countries in question. 

However, the above Articles stipulate that if the protocols had not been concluded by 
1  January  1995  the  Community  must  take  the  necessary  steps  to  regulate  the 
situation. 

2.  It is essential, therefore, to renew the autonomous transitional  measures so as to take 
account  of  the  trade  arrangements  for  processed  agricultural  products  which  existed 
between the new Member States and the third countries in question. 

However,  such  measures,  which  should  not  prejudge  the  result  of  the  discussions 
being  held  with  a  view  to  the  conclusion  of  the  additional  protocols,  will  only  be 
adopted  on  the  express  condition  that  the  third  countries  concerned  take  reciprocal 
autonomous measures too. 

1 

Proposal for a 

COUNCIL REGULATION (EC) 

renewing for 1999 the measures laid down in Regulation (HC) No  1416/95 establishing 
certain concessions in the form of Community tariff quotas in 1995 for certain processed 
agricultural products 

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  1416/95  of  19 June  1995  establishing  certain 
concessions  in  the  form  of  Community  tariff  quotas  in  1995  for  certain  processed 
agricultural products1 opened tariff quotas for 1995 in favour of Switzerland and Norway 
in accordance with the conditions set out in Annexes I and II thereto; 

Whereas  Regulation  (EC)  No  1416/95  was  renewed  for  1996,  1997  and  1998,  by 
Regulations (EC) No  102/96,2 No 306/973 and No 560/98 respectively;4 

Whereas  Commission  Regulation  (EEC)  No 2454/93  of  2 July  1993  laying  down 
provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing 
the  Community  Customs  Code5,  as  last  amended  by  Regulation  No 1677/986, 
consolidated the arrangements for managing the tariff quotas to be used in chronological 
order of the dates of acceptance of the declarations for release for free circulation; 

Whereas  it  was  not  possible  to  conclude  additional  Protocols  before  1  January  1999; 
whereas, in these circumstances and pursuant to Articles 76,  102 and  128 of the Act of 
Accession,  the  Community  must adopt the  measures  required to  remedy  the  situation; 
whereas, therefore, it is necessary to renew the measures provided for in Regulation (EC) 
No  1416/95 for 1999, 

1  OJ L  141, 24.6.1995, p. 1. 
2  OJ L 19, 25.1.1996, p. 1. 
3  OJL  51, 21.2.1997, p. 8. 
4  OJL 76, 13.3.1998, p. 1. 
5  OJ L 253, 11.10.1993, p. 1. 
6  OJL 212, 30.7.1998, p. 18. 

HAS ADOPTED THIS REGULATION: 

Article  1 

1.  The  measures  provided  for  in  Article  1 of  Regulation  (EC)  No  1416/95  shall  be 

renewed to cover 1999. 

Annexes I and II to Regulation (EC) No 1416/95 shall be replaced by Annexes I and II 
to this Regulation. 

2.  If Switzerland  and Norway  discontinue the application  of the reciprocal  measures  in 
favour of the Community, the Commission may, in accordance with the procedure laid 
down  in Article  16 of  Council  Regulation  (EC) No 3448/93,7  suspend  application  of 
the measures provided for in paragraph 1. 

Article 2 

The tariff  quotas referred  to in Annexes I and II to Regulation (EC) No  1416/95 shall be 
administered  in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93. 

Article 3 

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

It shall apply with effect  from  1  January  1999. 

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

Done at Brussels, 

For the Council 

7  OJL  318, 20.12.1993, p. 18. 

ANNEX 

'ANNEX  I 

PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999 

Order 
number 
09.0911 
09.0912 

CN code 

1302 20 10 
2101  11 11 

09.0913 
09.0914 

2101 20 20 
2106 90 92 

SWITZERLAND 

Description 

Pectic substances, pectinates and pectates. Dry 
Extracts,  essences  and  concentrates  with  a  coffee-
based  dry  matter  content  of  95 %  or  more  by 
weight 
Extracts, essences and concentrates of tea or mate" 
Food  preparations/other,  containing  no  milk  fats, 
starch  or 
sucrose, 
containing, by weight, less than  1.5 % milk fat, 5 % 
sucrose or isoglucose, 5 % glucose or starch 

isoglucose,  glucose  or 

Autonomous 
quotas 
550 tonnes 
1 700 tonnes 

Rate of duty 
applicable 
free 
free 

120 tonnes 
850 tonnes 

free 
free 

ANNEX  II 

PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999 

NORWAY 

CN code 

Description 

Order 
Number 
09.0765 

09.0766 
09.0767 

09.0768 

1517  1090 

2102 30 00 
2103 90 90 
(taric code 
90/11-90/19-
90/98-90/99) 
2104  10 00 

09.0769 

2106 90 92 

09.0770 
09.0771 

2203 00 
2207  10 00 
(taric code 90) 

09.0772 

2207 20 00 
(taric code 90) 

09.0773 

2208 90 57 
(taric code 20) 

09.0774 

2403 10 

Margarine, excluding liquid margarine 
Other 
Prepared baking powders 
therefor;  mixed 
Sauces  and  preparations 
condiments and  mixed  seasonings of CN code 
2103 90 90, other than  mayonnaise 

Soups and broths and preparations therefor 

Food  preparations/other,  containing  no  milk 
fats,  sucrose,  isoglucose,  glucose  or  starch  or 
containing less than  1,5% milk fat, 5% sucrose 
or isoglucose, 5% glucose or starch 
Beer made from  malt 
Undenatured  ethyl  alcohol  of  an  alcohol 
strength  by  volume  of  80%  vol.  or 
higher/other  than  those  which  obtained  from 
agricultural  products  listed  in  Annex  II  to the 
EC  Treaty 
Ethyl  alcohol  and  other  spirits,  denatured,  of 
any  strength/other  than  those  which  obtained 
from  agricultural  products listed  in Annex II to 
the EC Treaty 
Aquavit 

Autonomous 
quotas 
2 470 tonnes 

Rate of duty 
applicable 
free 

150 tonnes 
130 tonnes 

free 
free 

390 tonnes 

510 tonnes 

free 

free 

4800 hectolitres 
134 000 hectolitres 

free 
free 

3 340 hectolitres 

free 

300 hectolitres 

free 

Smoking  tobacco,  whether  or  not  containing 
tobacco substitutes in any proportion 

370 tonnes 

free' 

FINANCIAL  STATEMENT 

Date: 

09.09.1998 

1.HUDGIT HEADING: Article  120 

APPROPRIATIONS: 

2.TITLE : 
Proposal for a Council  Regulation renewing for  1999 the measures laid down  in Regulation (EC) No  1416/95 establishing 
certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products 

3.LEGAL BASIS : Article  113 and Article 76,  102, 128AA 

4.  AIMS  : Autonomous  measures  vis  à  vis  Switzerland  and  Norway  in  the  framework  of  bilateral  negotiations  under 
XXIV. 6 of the GAIT 

5. FINANCIAL  IMPLICATIONS: 

Period of  12 months 

Current financial  year( ) 

Following  financial 
year ( ) 

5.0.Lxpeiuliturcs  : 
-  Charged  to  (ho IX' budget  (refunds/interventions) 
-  National  Authorities 
-  Other 

5.1. Revenue: 
-  Own  resources  of  the  liC (levies/customs  duties) 

5.0.1 .ESTIMATED EXPENDITURE 

5.1.1  ESTIMATED REVENUE 

-11.4 mio Ecus 

5.2. METHOD OF CALCULATION : 
The loss of Customs receipts has been calculated on the basis of the value of the products  imported and the Customs duty 
applicable within the quota, taking account of the reduction on MFN rates. 

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

ON TI IE CURRENT BUDGET 

6.1. CAN Till-  PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET 

6.2. WILL A SUPPLEMENTARY  BUDGET BE NECESSARY 

6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY 

OBSERVATIONS : 

yes/no 

yes/no 

yes/no 

yes/no 

ISSN 0254-1475 

COM(98) 606 final 

DOCUMENTS 

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03  02  10  11 

Catalogue  number  :  CB-CO-98-599-EN-C 

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