Proposal for a Council Regulation renewing for 2000 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: 1999-11-15
Institutions: European Commission
Subjects: Norway, Switzerland, agro-industry, tariff preference, tariff quota

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.11.1999
COM(1999) 542 final

1999/0215(ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2000 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

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
1 January 1995 the Community must take the necessary steps to regulate the situation.

if the protocols had not been concluded by

It is essential, therefore, to take 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.

These autonomous measures were implemented under Council Regulation (EC) No 1416/95
and have been renewed each year since 1995.

Given that the protocols have not yet been concluded, it is therefore necessary to renew the
abovementioned Regulation for 2000.

However, such measures will only be adopted on the express condition that the third countries
concerned take equivalent reciprocal autonomous measures in favour of the European
Community.

2

1999/0215(ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2000 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

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

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.

Regulation (EC) No 1416/95 was renewed for 1996, 1997, 1998 and 1999 by
Regulations (EC) No 102/96,2 No 306/973 No 560/984 and No 2847/985 respectively.

It was not possible to conclude additional Protocols before 1 January 2000.
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. Therefore, it is
necessary to renew the measures provided for in Regulation (EC) No 1416/95 for
2000.

Since the measures provided for in the event of suspension of this Regulation are
management measures within
of Council
the meaning
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission,6 they should be adopted by the
management procedure laid down in Article 4 of that Decision.

of Article

2

(5)

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

1

2

3

4

5

6

OJ L 141, 24.6.1995, p. 1.
OJ L 19, 25.1.1996, p. 1.
OJ L 51, 21.2.1997, p. 8.
OJ L 76, 13.3.1998, p. 1.
OJ L 358, 31.12.1998, p. 14.
OJ L 184, 17.7.1999, p. 23.

Community Customs Code7 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,

HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

The measures provided for in Article 1 of Regulation (EC) No 1416/95 shall be
renewed to cover 2000.

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

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 2 of this Regulation, suspend application of the measures
provided for in paragraph 1.

Article 2

The Commission shall be assisted by the Committee referred to in Article 15 of Council
Regulation (EC) No 3448/93.8 Where reference is made to this Article, the management
procedure laid down in Article 4 of Decision 1999/468/EC shall be applied. The period
provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Article 3

The Community 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.

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

Article 3

7

8

OJ L 253, 11.10.1993, p. 1. Regulation last amended by Regulation (EC) No 1662/1999 (OJ L 197,
29.7.1999, p. 25).
OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2491/1998 (OJ L 309,
19.11.1998, p. 28).

It shall apply with effect from 1 January 2000.

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

Done at Brussels,

For the Council
The President

ANNEX I

PREFERENTIAL TARIFF QUOTAS OPENED FOR 2000

SWITZERLAND

Order
number

CN code

Description

Autonomous
quotas

Rate of duty
applicable

09.0911 1302 20 10

Pectic substances, pectinates and pectates. Dry

550 tonnes

09.0912 2101 11 11

Extracts, essences and concentrates with a coffee-
based dry matter content of 95 % or more by
weight

1 700 tonnes

09.0913 2101 20 20

Extracts, essences and concentrates of tea or maté

120 tonnes

09.0914 2106 90 92

Food preparations/other, containing no milk fats,
sucrose,
or
containing, by weight, less than 1.5 % milk fat, 5 %
sucrose or isoglucose, 5 % glucose or starch

isoglucose,

glucose

starch

or

850 tonnes

free

free

free

free

6

ANNEX II

PREFERENTIAL TARIFF QUOTAS OPENED FOR 2000

Order
Number

CN code

NORWAY

Description

Autonomous
quotas

Rate of duty
applicable

09.0765

1517 10 90

Margarine, excluding liquid margarine

2 470 tonnes

free

Other

09.0766

2102 30 00

Prepared baking powders

09.0767

2103 90 90

(taric code
90/10-90/89)

and preparations

Sauces
therefor; mixed
condiments and mixed seasonings of CN code
2103 90 90, other than mayonnaise

09.0768

2104 10

Soups and broths and preparations therefor

09.0769

2106 90 92

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

09.0770

2203 00

Beer made from malt

09.0771

2207 10 00
(taric code 90)

Undenatured ethyl alcohol of an alcohol
or
strength
by
from
higher/other
agricultural products listed in Annex I to the
Treaty

80% vol.
obtained

volume
than

that

of

150 tonnes

130 tonnes

390 tonnes

510 tonnes

4800 hectolitres

134 000 hectolitres

free

free

free

free

free

free

09.0772

2207 20 00
(taric code 90)

Ethyl alcohol and other spirits, denatured, of
any strength/other than those obtained from
agricultural products listed in Annex I to the
Treaty

3 340 hectolitres

free

09.0773

2208 90 57
(taric code 20)

Aquavit

300 hectolitres

free

09.0774

2403 10

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

370 tonnes

free

7

1.

2.

3.

4.

FINANCIAL STATEMENT

BUDGET HEADING:
Chapter 12 - Article 120
TITLE:

DATE: 3/9/1999
APPROPRIATIONS:

Proposal for a Council Regulation renewing for 2000 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

LEGAL BASIS:
Article 133 of the Treaty and Articles 76, 102 and 128 of the Act of Accession

AIMS:

Autonomous measures vis à vis Switzerland and Norway in the framework of bilateral
negotiations under XXIV. 6 of the GATT

5.

FINANCIAL IMPLICATIONS

PERIOD OF 12
MONTHS

(Mio EUR)

CURRENT
FINANCIAL
YEAR
[n]
(Mio EUR)

FOLLOWING
FINANCIAL
YEAR
[n+1]
(Mio EUR)

5.0

5.1

EXPENDITURES :
- CHARGED TO THE EC BUDGET
(REFUNDS/INTERVENTIONS)
- NATIONAL AUTHORITIES
- OTHER
REVENUE:
- OWN RESOURCES OF THE EC
(LEVIES/CUSTOMS DUTIES)
1

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

- 10.5 Mio EUR

[n+2]

[n+3]

[n+4]

[n+5]

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

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
THE RELEVANT CHAPTER ON THE CURRENT BUDGET?
CAN THE 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:

NO

NO
NO
NO

8