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: 2006-04-26
Institutions: European Commission
Subjects: agricultural product, chemical product, industrial product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.4.2006 
COM(2006) 176 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 

•  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. In response to 
requests from several Member States, the Commission's departments, together with the 
government  experts  concerned,  considered  whether  to  open,  increase  or  extend 
autonomous tariff quotas for certain industrial products. 

•  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  so  that  Community  demand  for  the  products  in 
question  could  be  met  under  the  most  favourable  conditions.  New  Community  tariff 
quotas  should  be  opened  at  reduced  or  zero  rates  of  duty  for  appropriate  volumes, 
without  disturbing  the  markets  for  such  products.  Discussions  at  meetings  of  the 
Economic Tariff Questions Group showed that the Member States were ready to open, 
increase  or  extend  quotas  for  the  products  covered  by  the  proposal  for  a  Regulation, 
without disturbing the markets for such products. 

•  Provisions in force in the field covered by the proposal 

Regulation  (EC)  No 2505/96  (OJ  L  345,  31.12.1996)  as  last  amended  by  Regulation 
(EC) No 151/2006 (OJ L 25, 28.1.2006). 

•  Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  agricultural,  trade,  entreprise,  development  and  external 
relations policies. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of stakeholders 

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 reflect the agreement reached by the Group. 

•  Collection and use of expertise 

Scientific areas or fields of expertise concerned 

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Experts representing the Member States in the Economic Tariff Questions Group. 

Methodology used 

Open consultation. 

Main organisations/experts consulted 

Experts designated by each of the Member States. 

Summary of advice received and used 

There was no mention of potentially serious risks with irreversible consequences. 

Agreement of the Economic and Tariff Questions Group. 

Methods used to make the results of these expert opinions available to the public 

Publication of the proposal. 

•  Impact assessment 

Not applicable. 

The  proposal  does  not  figure  in  the  Commission’s  Legislative  and  Work  Programme 
for 2006. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

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 

Article 26 of the EC Treaty 

•  Subsidiarity principle 

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

•  Proportionality principle 

The proposal complies with the principle of proportionality for the following reasons. 

The  proposed  measures  are  in  accordance  with the objectives of the "Customs  2007" 
action programme. 

This set of measures is in line with the principles for simplifying the procedures for the 

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operators  engaged  in  foreign  trade  and  with  the  Commission  communication 
concerning autonomous tariff suspensions and quotas (98/C 128/02). 

•  Choice of instruments 

Proposed instruments: Regulation 

Other instruments would not be appropriate for the following reasons: 

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 

Uncollected customs duties with a total amount of € 1 845 073. 

5)  ADDITIONAL INFORMATION 

•  Repeal of existing legislation 

Adopting this proposal will mean that Regulation (EC) No 151/2006 must be repealed. 

•  Review/revision/sunset clause 

The proposal includes a sunset clause for all or part of the act. 

•  Recasting 

The proposal involves recasting existing legislation. 

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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 Commission1, 

Whereas: 

(1) 

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 products2. 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. 

(2) 

The quota amount for an autonomous Community tariff quota is insufficient to meet 
the needs of the Community industry for the current quota period. Consequently, this 
quota amount should be increased. 

(3) 

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

(4) 

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 on the role of national 
parliaments in the European Union annexed to the Treaty on European Union and to 
the Treaties establishing the European Community. 

(5) 

Since  this  Regulation  is  to  apply  from  1  July  2006,  it  should  enter  into  force 
immediately, 

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OJ C , , p. . 
OJ  L  345,  31.12.1996,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  151/2006  (OJ  L  25, 
28.1.2006, p.1). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  quotas  listed  in  the  Annex  to  this  Regulation  shall  be  added  to  Annex  I  to  Regulation 
(EC) No 2505/96. 

For  the  quota  period  from  1  January  to  31  December  2006,  in  Annex  I  to  Regulation  (EC) 
No 2505/96 the quota amount of tariff quota 09.2986 is fixed at 14 315 tonnes. 

Article 2 

Article 3 

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

This Regulation shall apply from 1 July 2006. 

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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CN code 

Taric sub-
division 

ANNEX  

Description 

Quota volume 

Quota duty 
% 

Quota period 

 ex 8407 90 10 

7011 20 00 

0 

10 

30 

150 000 units 

750 000 units 

Glass face plate with a diagonal 
measurement of 63 cm (±0.2cm) from the 
outer edge to the outer edge and having a 
light transmission of 56.8% (±3%) by a 
glass thickness of 10.16 mm 
Four-stroke petrol engines of a cylinder 
capacity not exceeding 250 cm3 for use in 
the manufacture of lawnmowers of sub-
heading 8433 11 or mowers with motor of 
subheading 8433 2010 (a) 
Acrylonitrile 
Mixture of tertiary amines containing: 
- 60% by weight of dodecyldimethylamine, 
or more 
- 20% by weight of 
dimethyl(tetradecyl)amine, or more 
- 0,5% by weight of 
hexadecyldimethylamine, or more, 
for use in the production of amine oxides (a) 
Checks on this prescribed end use shall be carried out pursuant to the relevant Community provisions. 

40 000 tonnes 
14 315 tonnes 

0 
0 

76 

0 

2926 10 00 
 ex 3824 90 99 

1.7.-31.12.2006 

1.7.2006 – 
30.6.2007 

1.7.–31.12.2006 
1.1.-31.12 

Order 
No 

09.2967 

09.2976 

09.2977 
09.2986 

(a) 

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

1. 

NAME OF THE PROPOSAL: 

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 

2. 

BUDGET LINES: 

Chapter and Article: Chapter 12, Article 120 

Amount budgeted for the year 2006: € 12 905 400 

3. 

FINANCIAL IMPACT 

(cid:133) 

Proposal has no financial implications 

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

(cid:133) 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue3 

12 month period, 
starting 
dd/mm/yyyy 

[Year n] 

Article 120 

Impact on own resources 

1/1/2006 

- 1.8 

4. 

ANTI-FRAUD MEASURES 

Provisions  on  the  management  of  tariff  quotas  include  the  measures  needed  to  prevent  and 
protect against frauds and irregularities.  

5. 

OTHER REMARKS  

3 

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. 1.2006: 

ANNEX I 

Description of 
product 

Variation in 
quota volume 
(unit/tonnes) 

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

Quota duty 
(%) 

(2005 CCT) 

Quota duty 

(%) 

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

Mixture of tertiary 
amines 

+ 315 t 

(initial volume: 

1 470 

6.5 

0 

30 098 

09.2986 

14 000 t) 

Total 
revenue 
 (€30 098 – €7 525) € 22 573 net. 

loss 

of 

in 

relation 

to 

previous 

quota 

period:  

ANNEX II 

Effective from 1.7.2006: 

Description of 
product 

Variation in 
quota volume 
(unit/tonnes) 

Glass face plate 

 + 150 000 
units 

09.2967 

(initial volume: 

Acrylonitrile 

09.2977 

0 units) 

+ 40 000 
tonnes 

(initial volume: 

0 tonnes) 

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

Quota duty 
(%) 

(2004 CCT) 

Quota duty 

(%) 

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

15 

4 

900 

6.5 

0 

0 

90 000 

2 340 000 

Total 
(€2 430 000 – €607 500) €1 822 500 net. 

revenue 

loss 

in 

of 

relation 

to 

previous 

quota 

period:  

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