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: 2007-04-20
Institutions: European Commission
Subjects: agricultural product, chemical product, industrial product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.4.2007 
COM(2007) 202 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 2014/2006 (OJ L 384, 29.12.2006). 

•  Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  agricultural,  trade,  entreprise,  development  and  external 
relations policies. Especially this proposal is not at the expense of developing countries 
enjoying a preferential trading agreement with the EU (e.g. GSP, ACP regime). 

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. 

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•  Collection and use of expertise 

Scientific areas or fields of expertise concerned 

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 2007. 

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. 

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•  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 
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 € 5 405 993. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

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

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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) 

(2) 

(3) 

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  zero  rates  of  duty  for  appropriate  volumes  while 
avoiding any disturbance to the markets for these products. 

The  quota  amounts  for  two  autonomous  Community  tariff  quotas  are  insufficient  to 
meet the needs of the Community industry. Consequently, those quota amounts should 
be increased. 

It  is  no  longer  in  the  Community  interest  to  continue  to  grant  a  Community  tariff 
quotas  from  1  July  2007  for  one  product,  on  which  duties  were  suspended  until  that 
date. The product in question should therefore be removed from the table in Annex I to 
Regulation (EC) No 2505/96. 

(4) 

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

(5) 

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. 

(6) 

Since  this  Regulation  is  to  apply  from  1  July  2007,  it  should  enter  into  force 
immediately, 

1 
2 

OJ C […], […], p. […]. 
OJ L 345, 31.12.1996, p.1. Regulation as last amended by Regulation (EC) No 2014/2006 (OJ L 384, 
29.12.2006, p.20). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The tariff quotas for the products set out in Annex I to this Regulation are inserted in Annex I 
to Regulation (EC) No 2505/96. 

In Annex I to Regulation (EC) No 2505/96, the rows for the tariff quotas with order numbers 
09.2603, 09.2727 and 09.2977 are replaced by the rows set out in Annex II to this Regulation. 

Article 2 

In  Annex  I  to  Regulation  (EC)  No  2505/96,  tariff  quotas  for  order  numbers  09.2907  and 
09.2908, shall be inserted with effect from 1 July 2007. 

Article 3 

In  Annex  I  to  Regulation  (EC)  No  2505/96,  the  row  for  the  tariff  quota  with  order  number 
09.2970 is deleted. 

Article 4 

Article 5 

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

This Regulation shall apply from 1 July 2007. 

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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ANNEX I 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota volume 

Quota duty 

09.2907 

ex 3824 90 98 

86 

Plant  sterols  obtained  from  wood  or  soya 
oil, containing by weight: 

1.7. - 31.12. 

4 000 tonnes 

0 % 

⎯  75 % or more of sterols, 
⎯  not more than 25 % of stanols, 

used as raw material for stanol ester (1) 

09.2908 

ex 3804 00 90 

10 

Sodium lignosulphonate 

1.7. - 31.12. 

28 000 tonnes  0 % 

09.2977 

2926 10 00 

Acrylonitrile 

1.7. - 
31.12.2007 

35 000 tonnes  0 % 

(1) 

Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Community  provisions  (see  Articles  291  to  300  of 
Commission Regulation (EEC) No. 2454/93 - OJ L 253 11.10.1993 p. 1 and subsequent amendments). 

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ANNEX II 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota volume 

Quota duty 

09.2603 

ex 2930 90 85* 

79* 

Bis(3-triethoxysilylpropyl)tetrasulfide 

1.1.-31.12. 

4 500 tonnes 

0 % 

09.2727 

ex 3902 90 90 

93 

a 
Synthetic  poly-alpha-olefin  having 
viscosity  of  at  least  38  x  10-6m2  s-1  (38 
cetistokes)  at  100°C  measured  using  the 
ASTM D 445 method 

1.1. - 31.12 

16 000 tonnes  0 % 

09.2977 

2926 10 00 

Acrylonitrile 

1.1. - 
30.06.2007 

35 000 tonnes  0 % 

*CN and TARIC Code applicable as from 1. July 2007. 

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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 2007: € 15 287.900 

3. 

FINANCIAL IMPACT 

(cid:133) 

Proposal has no financial implications 

x(cid:133)  Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue3 

12 month period, 
starting 
dd/mm/yyyy 

[Year 2007] 

Article 120 

Impact on own resources 

1/1/2007 

- 5.4 

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 1.1.2007: 

ANNEX I 

Description of 
product 

Variation in 
quota volume 
(unit/tonnes) 

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

Quota duty 
(%) 

(2007 CCT) 

Quota duty 

(%) 

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

Acrylonitrile 

09.2977 

Olefin 

09.2727 

+ 23 000 
tonnes 

(initial volume: 

12 000 tonnes) 

+ 1 000 tonnes 

900 

6.5 

(initial volume: 

3 766 

6.5 

15 000 tonnes) 

Total 
(€ 1 590 290 – € 397 572 ) € 1 192 718 net. 

revenue 

loss 

in 

of 

relation 

0 

0 

1 345 500 

244 790 

to 

previous 

quota 

period:  

Effective from 1.7.2007: 

ANNEX II 

Description of 
product 

Variation in 
quota volume 
(unit/tonnes) 

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

Quota duty 
(%) 

(2007 CCT) 

Quota duty 

(%) 

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

Sterols 

09.2907 

Ligno-
sulphonate  

09.2908 

Acrylonitrile 

09.2977 

 + 4.000tonnes 

(initial volume: 

13 500 

6.5 

0 tonnes) 

+ 28 000 
tonnes 

(initial volume: 

43 

5 

0 tonnes) 

+ 35 000 
tonnes 

(initial volume: 

0 tonnes) 

900 

6.5 

0 

0 

0 

3 510 000 

60 200 

2 047 500 

Total 
(€ 5 617 700 – € 1 404 425) € 4 213 275 net. 

revenue 

loss 

in 

of 

relation 

to 

previous 

quota 

period:  

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