Proposal for a Council Regulation amending Regulation No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Date: 1999-12-22
Institutions: European Commission
Subjects: agro-industry, cif price, export, import, trading operation

28.3.2000

EN

Official Journal of the European Communities

C 89 E/81

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

(2000/C 89 E/16)

COM(1999) 717 final (cid:151) 1999/0284(CNS)

(Submitted by the Commission on 21 December 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 37 and 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) Article 8 of Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements
applicable to certain goods resulting from the processing
of agricultural products (1), as last amended by Commission
Regulation (EC) No 2491/98 (2), lays down that on expor-
tation of the goods, the agricultural products which have
been used may qualify for refunds established pursuant to
the regulations on the common organisation of the market
in the sectors concerned. This article should be amended to
take account of the constraints arising from the agreement
trade
on agriculture
negotiations under the Uruguay Round;

in the multilateral

concluded

(2) In particular, there should be checks on expenditure on the
basis of commitments through the issuing of certificates.
However, as regards expenditure which has not been
covered by obtaining a certificate or certificates, accounting
of such expenditure will continue to be carried out on the
basis of refund payments, if necessary in the form of an
advance;

be

not

(3) Under agreements concluded in accordance with Article
300 of the Treaty, it is possible that the requirements for
raw
the processing industries in terms of agricultural
materials may
under
competitive conditions, by Community raw materials.
Article 117(c) of Council Regulation (EEC) No 2913/92 (3),
as last amended by Regulation (EEC) No 955/1999 (4) of
the European Parliament and of the Council establishing
the Community Customs Code, admits goods under the
inward processing arrangements subject to fulfilment of
the economic conditions as defined by Commission Regu-

completely,

covered

lation (EC) No 2454/93 (5), as last amended by Regulation
(EC) No 1662/1999 (6). Having regard to the abovemen-
there should also be provision for
tioned agreements,
considering
to have been
fulfilled for the admission of certain quantities of agri-
cultural products under the processing arrangements;

conditions

economic

the

(4) In order to safeguard the interests of producers of agri-
cultural raw materials, there should be overall checks, on
the basis of a forward estimate, of the quantities admitted
under inward processing arrangements not subject to prior
individual checks of the economic conditions (excluding
those used for processing, the usual forms of handling or
the manufacture of goods not eligible for refunds) and in
compliance with the other general conditions relating to
the inward processing arrangements;

(5) As the measures necessary for

the implementation of
Council Regulation (EC) No 3448/93 are management
measures within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (7), these measures should
be
the management
accordance with
procedure provided for in Article 4 of that Decision;

the exercise of

adopted

for

in

(6) Certain references and definitions

should be updated
following the codification of the Treaty establishing the
European Community;

(7) As a consequence, Regulation (EC) No 3448/93 should be

amended,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 1, paragraph 2 is replaced by the following:

(cid:145)2.

For the purposes of this Regulation:

(cid:151) (cid:147)agricultural products(cid:148) shall mean products covered by

Annex I to the Treaty,

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 309, 19.11.1998, p. 28.
(3) OJ L 302, 19.12.1992, p. 1.
(4) OJ L 119, 17.5.1999, p. 1.

(5) OJ L 253, 11.10.1993 p. 1.
(6) OJ L 197, 29.7.1999, p. 25.
(7) OJ L 184, 17.7.1999, p. 23.

C 89 E/82

EN

Official Journal of the European Communities

28.3.2000

(cid:151) (cid:147)goods(cid:148) shall mean products not covered by Annex I to

the Treaty and listed in Annex B.

However, the term (cid:147)goods(cid:148) used in Chapter II of Title 1 and
in Article 11 relates to products not covered by Annex I to
the Treaty and listed in the corresponding annexes of the
Regulations on the common organisation of markets in the
agricultural sector.(cid:146)

2. In Article 8, the following paragraph is added:

(cid:145)5.
Compliance with the limits arising from agreements
concluded in accordance with Article 300 of the Treaty shall
be ensured on the basis of certificates issued in respect of
the reference periods laid down, complemented by the
amount provided for in respect of small exporters.(cid:146)

3. Article 11 is replaced by the following:

(cid:145)1.
Admission of agricultural products under the inward
processing arrangements shall be subject to a prior check on
compliance with the economic conditions referred to in
Article 117(c) of Regulation (EEC) No 2913/92. These
conditions shall be considered fulfilled in accordance with
Article 552 of Regulation (EEC) 2454/93.

Moreover, and in accordance with Regulation (EEC) No
2454/93, the economic conditions referred to in Article
117(c) of Regulation (EEC) No 2913/92 shall also be
considered fulfilled for certain quantities of agricultural
products used for
the manufacture of goods. These
quantities shall be determined with the aid of a supply
balance drawn up by the Commission based on a
comparison between the required available funds and the
supply balance, and
forecast
regular
reviewed at
hence
intervals in order
to take account of developments in
economic and regulatory factors.

refund requirements. This
shall be

these quantities

the preceding
The detailed rules for the application of
subparagraph, making it possible to determine the agri-
cultural products to be admitted under inward processing
arrangements and check and plan the quantities thereof,
adopted in accordance with the procedure
shall be
referred to in Article 16.

The quantity of goods

2.
inward
processing arrangements and, therefore, not subject to the
charge provided for in Article 2 for the purpose of or as a
result of, exporting other goods shall be that actually used
in the manufacture of the goods.(cid:146)

admitted under

4. Article 15 is deleted.

5. Article 16 is hereby replaced by the following:

(cid:145)1.
The Commission shall be assisted by a management
committee on horizontal questions concerning trade in agri-
cultural products not listed in Annex I, hereinafter referred
to as (cid:147)the committee(cid:148), composed of representatives of the
Member States and chaired by the representative of
the
Commission.

In cases where reference is made to this Article, the
2.
management procedure provided for
in Article 4 of
Decision 1999/468/EC shall apply, in accordance with the
provisions of Article 7(3) of that Decision.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.(cid:146)

Article 2

This Regulation shall enter into force on the seventh day
following that of 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.