Proposal for a Council Regulation amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products
Date: 2005-06-15
Institutions: European Commission
Subjects: agricultural product, industrial product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.6.2005 
COM(2005) 254 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2505/96 opening and providing for the administration of 
autonomous Community tariff quotas for certain agricultural and industrial products 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The  quota  amount  for  certain  autonomous  Community  tariff  quotas  is  insufficient  to 
meet the needs of the Community industry for the current quota period. Consequently, 
these quota amounts should be increased. In response to requests from various Member 
States, 
the  government  experts 
concerned,  considered  whether  to  open,  increase  and  extend  tariff  quotas  for  certain 
industrial products. 

the  Commission's  departments, 

together  with 

120 

•  General context 

On 20 December 1996 the Council adopted Regulation (EC) No 2505/96 opening and 
providing  for  the  administration  of  autonomous  Community  tariff  quotas  for  certain 
agricultural  and  industrial  products.  Community  demand  for  the  products  in  question 
should  be  met  under  the  most  favourable  conditions.  New  Community  tariff  quotas 
should  be  opened  at  reduced  or  zero  rates  of  duty  for  appropriate  volumes  while 
avoiding any disturbance to the markets for these products. Following the discussion, 
at a meeting of the Economic Tariff Questions Group, the Member States were able to 
approve new quotas, increases or extensions to quotas for the products covered by the 
proposal for a Regulation, without disturbing the markets for such products 

•  Existing provisions in the area of the proposal 

OJ J 345, 31.12.1996, p.1. Regulation last amended by Regulation (EC) No 2243/2004 
(OJ L 381, 28.12.2004, p.1). 

•  Consistency with other policies and objectives of the Union 

In line with agricultural, trade, entreprise, development and external relations policies.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  Economic  Tariff  Questions  Group  representing  the  industries  of  each  Member 
State was consulted. 

Summary of responses and how they have been taken into account 

All listed quotas correspond to the agreement of the discussions inside the group. 

130 

140 

211 

212 

•  Collection and use of expertise 

221 

Scientific/expertise domains concerned 

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Experts representing the MS on the Economic Tariff Questions Group 

222 

223 

Methodology used 

Open consultation 

Main organisations/experts consulted 

Experts designated by each of the MS 

2249 

Summary of advice received and used 

The existence of potentially serious risks with irreversible consequences has not been 
mentionned. 

Agreement of the Economic and Tariff Questions Group. 

Means used to make the expert advice publicly available 

Publication of the Proposal 

•  Impact assessment 

Not applicable – Proposal not included in the Commission's Working and Legislative 
Programme 2005. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Proposal for a Council Regulation amending Regulation (EC) No 2505/96 opening and 
providing  for  the  administration  of  autonomous  Community  tariff  quotas  for  certain 
agricultural and industrial products 

•  Legal basis 

Art 26 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  proposed  measures  are  in  accordance  with the objectives of the "Customs  2000" 
action programme. 

This set of measures is in line with the principles set out to simplify the procedures for 
the  operators  engaged  in  foreign  trade  and  in  accordance  with  the  Commission 

225 

226 

230 

305 

310 

329 

331 

332 

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341 

342 

communication concerning autonomous tariff suspensions and quotas (98/C 128/02)1. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

By virtue of Article 26 of the EC Treaty autonomous tariff suspensions and quotas are 
approved by the Council acting on a qualified majority on the basis of a Commission 
proposal. 

4)  BUDGETARY IMPLICATION 

401 

uncollected customs duties 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

533 

The proposal includes a sunset clause. 

1 

OJ C 128, 25.04.1998, p. 2. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 2505/96 opening and providing for the administration of 
autonomous Community tariff quotas for certain agricultural and industrial products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 26 thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 20 December 1996 the Council adopted Regulation (EC) No 2505/96 opening and 
providing  for  the  administration  of  autonomous  Community  tariff  quotas  for  certain 
agricultural and industrial products3. Community demand for the products in question 
should be met under the most favourable conditions. For that purpose new Community 
tariff quotas should be opened at reduced or zero rates of duty for appropriate volumes 
while avoiding any disturbance to the markets for these products. 

The  quota  amount  for  certain  autonomous  Community  tariff  quotas  is  insufficient  to 
meet the needs of the Community industry for the current quota period. Consequently, 
these quota amounts should be increased. 

Regulation (EC) No 2505/96 should therefore be amended accordingly, 

Having regard to the economic importance of this Regulation, it is necessary to rely on 
the grounds of urgency provided for in point 1.3 of the Protocol annexed to the Treaty 
on European Union and to the Treaties establishing the European Community on the 
role of national parliaments in the European Union, 

HAS ADOPTED THIS REGULATION: 

The quotas listed in the Annex to this Regulation are added to Annex I to Regulation (EC) No 
2505/96 with effect from 1 July 2005. 

Article 1 

2 
3 

OJ C , , p. . 
OJ  J  345,  31.12.1996,  p.1.  Regulation  last  amended  by  Regulation  (EC)  No  2243/2004  (OJ  L  381, 
28.12.2004, p.1). 

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For  the  quota  period  from  1  January  to  31  December  2005,  in  Annex  I  to  Regulation  (EC) 
No 2505/96, the quota amount of tariff quota 09.2626 is fixed at 1 600 000 units. 

Article 2 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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Order 
No 

CN code 

Taric sub-
division 

09.2002 
09.2003 

2928 00 90 
8543 89 95 

09.2004 
09.2009 

2926 10 00 
8504 90 11 

30 
63 

10 
30 

09.2018 

2932 11 00 

10 

09.2026 

2903 30 80 

70 

09.2028 

8545 19 90 

09.2030 
09.2976 

2926 90 95 
ex 8407 90 10 

10 

74 
10 

ANNEX  

Description 

Phenylhydrazine 
Voltage controlled frequency generator, 
consisting of active and passive 
elements mounted on a printed circuit, 
contained in a housing whose exterior 
dimensions do not exceed 30 x 30 mm  
Acrylonitrile 
Ferrite cores with the following 
dimensions: 
- an inner diameter at the top of 48 mm 
and a height of 42 mm; 
- an inner diameter at the top of 48 mm 
and a height of 44 mm; 
- an inner diameter at the top of 49 mm 
and a height of 42 mm; 
- an inner diameter at the top of 51 mm 
and a height of 40 mm 
for use in the manufacture of deflection 
yokes (a) 
Tetrahydrofuran, containing not more 
than 40 mg per litre in total of 
tetrahydro-2-methylfuran and 
tetrahydro-3-methylfuran, for the 
manufacture of α-4-hydroxybutyl-ω-
hydroxypoly(oxytetramethylene) (a) 
1,1,1,2 Tetrafluoroethane, certified 
odourless containing a maximum : 
- 600 ppm by weight of 1,1,2,2-
Tetrafluorethane 
- 2 ppm by weight of pentafluoroethane 
- 2 ppm by weight of 
chlorodifluorométhane 
- 2 ppm by weight of 
chloropentafluoroethane 
- 2 ppm by weight of 
dichlorodifluoromethane 
For use in the manufacture of 
pharmaceutical grade propellant for 
medical metred dose inhalers (a) 
Carbon rods (carbon electrodes) for 
use in the manufacture of zinc-carbon 
batteries (a) 
Chlorothalonil  
Four-stroke petrol engines of a cylinder 
capacity not exceeding 250 cm3 for use 
in the manufacture of lawnmowers of 
sub-heading 8433 11 (a) or mowers 
with motor of subheading 8433 2010 
(a) 

Quota volume 

Quota duty 
% 

Quota period 

300 tonnes 
700 000 units 

40 000 tonnes 
650 000 units 

0 
0 

0 
0 

1.7.-31.12.2005 
1.7.-31.12.2005 

1.7.-31.12.2005 
1.7.-31.12.2005 

30 000 tonnes 

0 

1.7.-31.12.2005 

2 000 tonnes 

0 

1.7.-31.12.2005 

400 000 000 
units 

350 tonnes 
750 000 units 

0 

0 
0 

1.7.-31.12.2005 

1.7.-31.12.2005 
1.7.2005-
30.06.2006 

(a) 

Checks  on  this  prescribed  end  use  shall  be  carried  out  pursuant  to  the  relevant  Community  provisions. 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL : 

Proposition  de  règlement  (CE)  du  Conseil  modifiant  le  règlement  (CE)  n°  2505/96 
portant  ouverture  et  mode  de  gestion  de  contingents  tarifaires  communautaires 
autonomes pour certains produits agricoles et industriels 

2. 

BUDGET LINES : 

Chapter and Article: Chap. 12 art. 120 

Amount budgeted for the year concerned: millions 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 

x 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue4 

12 month period, 
starting dd/mm/aaaa

[Year n] 

Article 120 

Impact on own resources 

01/01/2005 

- 11,4 

4. 

ANTI-FRAUD MEASURES 

Provisions on the management of these tariff quotas include the measures necessary 
for preventing frauds and irregularities and protecting against them. 

5. 

OTHER REMARKS  

4 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

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Effective from 1.1.2005: 

Description 

Pieces of 
embossed grain 
bovine leather 
09.2626 

Variation in 
quota volume 
(unit/tons) 

+ 1.200.000 u 
(initial volume: 
400.000 u) 

Variation in 
estimated 
price (€ per 
unit/€ per 
tonne) 
0 
(initial price: 
26) 

Variation in 
normal duty 
(%) 
(2004 CCT) 

0 
(initial duty: 
2,5) 

Variation in 
quota duty 
(%) 

Expected variation in the 
loss of revenue in relation 
to the previous quota 
period (in €) 

2,5 

+ 780 000 

Total 
in 
of 
(780 000 – 195 000) € 585 000 net. 

revenue 

loss 

relation 

to  previous  quota  period: 

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Effective from 01.07.2005: 

Description 

Phenylhydrazine 
09.2002 
Voltage 
controlled 
frequency 
generator 
09.2003 
Acrylonitrile 
09.2004 
Ferrite cores 
with the 
following 
dimensions 
09.2009 
Tetrahydrofuran, 
containing not 
more than 40 mg 
09.2018 
1,1,1,2 
Tetrafluoroethan
e, certified 
odourless 
09.2026 
Carbon rods 
(carbon 
electrodes) 
09.2028 
Chlorothalonil 
(ISO) 
09.2030 

Variation in 
quota volume 
(unit/tons) 

+ 300 t 
(initial volume: 
0 t) 

+ 700 000 u 
(initial volume: 
0 u) 

+ 40 000 t 
(initial volume: 
0 t) 

+ 650 000 u 
(initial volume: 
0 u) 

+ 30 000 t 
(initial volume: 
0 t) 

+ 2 000 t 
(initial volume: 
0 t) 

Variation in 
estimated 
price (€ per 
unit/€ per 
tonne) 

3 875 

9,57 

800 

0,77 

2 200 

2 889 

+ 400 000 000 u 
(initial volume: 
0 u) 

+ 350 t 
(initial volume: 
0 t) 

0,0026 

6 000 

Quota duty 
(%) 
(2004 CCT) 

Variation in 
quota duty 
(%) 

Expected variation in the 
loss of revenue in relation 
to the previous quota 
period (in €) 

0 
(initial duty: 
6,5) 

0 
(initial duty: 
3,7) 

0 
(initial duty: 
6,5) 

0 
(initial duty: 
2,2) 

0 
(initial duty: 
6,5) 

0 
(initial duty: 
5,5) 

0 
(initial duty: 
2,7) 

0 
(initial duty: 
6,5) 

6,5 

3,7 

6,5 

2,2 

+ 75 563 

+ 247 863 

+ 2 080 000 

+ 11 011 

6,5 

+ 4 290 000 

5,5 

+ 317 790 

2,7 

6,5 

+ 28 080 

+ 136 500 

Total 
(7 186 807 – 1 796 702) 5 390 105 € net.  

revenue 

loss 

in 

of 

relation 

to  previous  quota  period:  

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