Proposal for a Council Regulation renewing for 2001 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 originating in Norway
Date: 2001-01-08
Institutions: European Commission
Subjects: Norway, agro-industry, import, originating product, tariff preference, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.1.2001
COM(2000) 897 final

2001/0001 (ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2001 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 originating in Norway

(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 1416/951
and have been renewed each year since 1995.

The autonomous measures foreseen in annex I of Regulation 1416/95 concerning Switzerland
have been taken up in the framework of an agreement in the form of an exchange of letters
between the Community and Switzerland amending Protocol 22.

Since there has been no progress concerning the conclusion of a Protocol with Norway, the
aforementioned Regulation should be renewed for the year 2001 as far as this country is
concerned.

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

1

2

OJ L 141, 24.6.1995, p. 1.
OJ L 76, 25.3.2000, p. 11.

2

2001/0001 (ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2001 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 originating in Norway

(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)

3

4

5

6

7

8

9

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
products3 opened tariff quotas for 1995 in favour of Norway in accordance with the
conditions set out in Annex II thereto.

Regulation (EC) No 1416/95 was renewed for 1996, 1997, 1998, 1999 and 2000 by
and
Regulations
No 215/20008 respectively.

(EC) No 102/96,4 No 306/975, No 560/986, No 2847/987

It was not possible to conclude additional Protocols before 1 January 2001. 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 2001.

The measures necessary for the suspension of this Regulation should be adopted in
accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powers conferred on the
Commission9.

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 24 of 29.1.2000, p. 9.
OJ L 184, 17.7.1999, p. 23.

3

(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
Community Customs Code10 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:

1.

2.

1.

2.

Article 1

The measures provided for in Article 1 (2) of Regulation (EC) No 1416/95 shall be
renewed to cover 2001.

Annex II to Regulation (EC) No 1416/95 shall be replaced by the Annex to this
Regulation.

If Norway discontinues the application of the reciprocal measures in favour of the
Community, the Commission may, in accordance with the procedure laid down in
Article 2 (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 3448/9311 (hereinafter referred to as « the Committee
»).

Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one
month.

3.

The Committee shall adopt its rules of procedure.

Article 3

The Community tariff quotas referred to in Annex 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 4

10

11

OJ L 253, 11.10.1993, p. 1. Regulation last amended by Regulation (EC) No 1602/2000 (OJ L 188,
26.7.2000, p. 1).
OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2491/98 (OJ L 309,
19.11.1998, p. 28).

4

It shall apply with effect from 1 January 2001.

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

Done at Brussels,

For the Council
The President

5

ANNEX

PREFERENTIAL TARIFF QUOTAS OPENED FOR 2001

NORWAY

Order
Number

CN code

09.0765

1517 10 90

Margarine, excluding liquid margarine
Other

Description

Autonomous
quotas

Rate of duty
applicable

2 470
tonnes

150 tonnes

130 tonnes

09.0766

2102 30 00

Prepared baking powders

09.0767

ex 2103 90 90

(taric code
90/10-90/89)

and

preparations

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

09.0768

2104 10

Soups and broths and preparations therefor

390 tonnes

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

510 tonnes

09.0770

2203 00

Beer made from malt

09.0771

ex 2207 10 00
(taric code 90)

alcohol of

Undenatured ethyl
an alcohol
strength by volume of 80% vol. or higher/other
than that obtained from agricultural products
listed in Annex I to the Treaty

4 800
hectolitres

134 000
hectolitres

free

free

free

free

free

free

free

09.0772

ex 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

09.0774

2403 10

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

370 tonnes

free

6

FINANCIAL STATEMENT

ENTR F.3

DATE: 06/11/2000
APPROPRIATIONS:

BUDGET HEADING:
Chapter 12 - Article 120
TITLE:
Proposal for a Council Regulation renewing for 2001 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 originating in Norway
LEGAL BASIS:
Article 133 of the Treaty and Articles 76, 102 and 128 of the Act of Accession
AIMS:
Autonomous measures vis à vis Norway in the framework of bilateral negotiations under 24 VI of the
GATT
FINANCIAL IMPLICATIONS

PERIOD OF 12
MONTHS

(Mio EUR)

CURRENT
FINANCIAL
YEAR
[n]
(Mio EUR)

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

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

- 5.5 Mio EUR

[n+2]

[n+3]

[n+4]

[n+5]

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
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.
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?

NO

NO
NO
NO

1.

2.

3.

4.

5.

5.0

5.1

6.0

6.1

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY
OBSERVATIONS:

7