Proposal for a Council Regulation renewing for 2002 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, as regards products originating in Norway
Date: 2001-12-12
Institutions: European Commission
Subjects: Norway, agricultural product, originating product, processed foodstuff, tariff quota

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.12.2001
COM(2001) 750 final

2001/0297 (ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2002 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, as regards 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  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.

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  as  regards  Switzerland  and  Norway  under
Council Regulation (EC) No 1416/95 1 and have been renewed each year since 1995.

The  autonomous  measures  specified  in  Annex I  to  Regulation  1416/95  concerning
Switzerland  have  been  included  within  the  framework  of  an  agreement  in  the  form  of  an
exchange  of  letters  between  the  Community  and  Switzerland  amending  Protocol  2  of  the
Agreement between the European Economic Community and the Swiss Confederation 2.

Some  progress  was  made  in  2001  with  regard  to  the  conclusion  of  a  Protocol  with  Norway
within the framework of the EEA. However, since no final agreement has yet been concluded,
the aforementioned Regulation should be renewed for the year 2002 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

                                                
2001/0297 (ACC)

Proposal for a

COUNCIL REGULATION

renewing for 2002 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, as regards 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
products 3 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, 2000 and 2001
(EC)  No 102/96 4,  No 306/97 5,  No 560/98 6,  No 2847/98 7,
by  Regulations 
No 215/2000 8 and No 591/2001 respectively.

Since it has not been possible to conclude additional Protocols before 1 January 2002,
pursuant to Articles 76, 102 and 128 of the Act of Accession of Austria, Finland and
Sweden  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 2002.

Since  the  measures  provided  for  to  implement  this  Regulation  are  management
measures  within  the  meaning  of  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 Commission, 9 they should be adopted by the management procedure
laid down in Article 4 of that Decision.

OJ  L 141,  24.6.1995,  p. 1.  Regulation  last  amended  by  Regulation  (EC)  No 591/2001  (OJ  L 88,
28.3.2001, 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, 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  Code 10  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.

3.

Article 1

The  measures  provided  for  in  Article  1(2)  of  Regulation  (EC)  No 1416/95  shall  be
renewed to cover 2002.

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  on  horizontal  questions
concerning trade in processed agricultural products not listed in Annex I referred to
in Article 16 of Council Regulation (EC) No 3448/93 11.

Where reference is made to this paragraph, Article 4 of Decision 1999/468/EC shall
apply, in accordance with the provisions of Article 7 of that Decision.

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

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.

Article 3

Article 4

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 2002.

10

11

OJ  L 253,  11.10.1993,  p. 1.  Regulation  last  amended  by  Regulation  (EC)  No 993/2001  (OJ  L 141,
28.5.2001, p. 1).
OJ L 318, 20.12.1993, p. 18.

4

                                                
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

« ANNEX II

PREFERENTIAL TARIFF QUOTAS OPENED FOR 2002

NORWAY

Order
Number

CN code

Description

09.0765

1517 10 90

Margarine, excluding liquid margarine
Other

09.0766

2102 30 00

Prepared baking powders

09.0767

2103 90 90
(Taric codes
10 and 89)

Sauces and preparations 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

09.077012 2203 00

Beer made from malt

09.0771

2207 10 00
(Taric code 90)

09.0772

2207 20 00
(Taric code 90)

09.0774

2403 10

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

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

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

Autonomous
quotas

Rate of duty
applicable

2 470 tonnes

free

150 tonnes

130 tonnes

free

free

390 tonnes

free

510 tonnes

free

4 800
hectolitres

134 000
hectolitres

free

free

3 340
hectolitres

free

370 tonnes

free »

12

The application of the quota shall be restricted to the period from 1 January to 30 June 2002.

6

                                                
FINANCIAL STATEMENT

ENTR F.4

DATE: 10.10.2002
APPROPRIATIONS:

1.

2.

3.

4.

5.

BUDGET HEADING:
Chapter 12 - Article 120
TITLE:
Proposal for a Council Regulation renewing for 2002 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

CURRENT
FINANCIAL
YEAR
[n]
(EUR m)

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

PERIOD OF
12 MONTHS

(EUR m)

- 5.5

5.0

EXPENDITURES :
- CHARGED  TO  THE  EC  BUDGET

5.1

(REFUNDS/INTERVENTIONS)

- NATIONAL AUTHORITIES
- OTHER
REVENUE:
- OWN  RESOURCES  OF  THE  EC

(LEVIES/CUSTOMS DUTIES)

- NATIONAL

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

[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.
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

6.0

6.1

NO
NO
NO

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

7