Proposal for a Council Regulation (EC) No /2008 amending Regulation (EC) No 2505/96 opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products
Date: 2008-04-30
Institutions: European Commission
Subjects: agricultural product, chemical product, industrial product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2008 
COM(2008)232 final 

Proposal for a 

COUNCIL REGULATION (EC) No /2008 

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, 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  zero  rates  of  duty  for  appropriate  amounts,  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 quotas or 
increase  quotas  amounts  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,  p.1),  as  last  amended  by 
Regulation (EC) No 1526/2007 (OJ L 349, 31.12.2007, p.1). 

•  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 countries enjoying a 
preferential  trading  agreement  with  the  EU  (e.g.  GSP,  ACP  regime,  candidate  and 
potential candidate countries of the Western Balkans). 

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 is not mentioned in the Commission’s Legislative and Work Programme 
for 2008. 

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. 

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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 of 1998 
concerning autonomous tariff suspensions and quotas (C 128, 25.4.1998, p.2). 

•  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 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 € 3 151 603. 

5. 

ADDITIONAL INFORMATION 

•  Amendment of existing legislation 

Adopting this proposal will mean that some legislation is amended. 

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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) 

(4) 

On 20 December 1996 the Council adopted Regulation (EC) No 2505/962. Community 
demand  for  the  products  to  which  that  Regulation  applies  should  be  met  under  the 
most  favourable  conditions.  For  that  purpose  with  effect  from  1  July  2008,  new 
Community  tariff  quotas  should  be  opened  at  zero  rates  of  duty  for  appropriate 
amounts while avoiding any disturbance to the markets for these products. 

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

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

Since  the  tariff  quotas  have  to  take  effect  from  1  July  2008,  this  Regulation  should 
apply from the same date and enter into force immediately, 

HAS ADOPTED THIS REGULATION: 

Annex I to Regulation (EC) No 2505/96 is amended as follows: 

Article 1 

(1) 

(2) 

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The tariff quotas for the products set out in Annex I to this Regulation are inserted. 

The  rows  for  the  tariff  quotas  with  order  numbers  09.2975,  09.2603,  09.2935, 
09.2814 and 09.2620 are replaced by the rows set out in Annex II to this Regulation. 

OJ C […], […], p. […]. 
OJ L 345, 31.12.1996, p.1. Regulation as last amended by Regulation (EC) No 1526/2007 (OJ L 349, 
31.12.2007, p.1). 

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Article 2 

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 2008. 

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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Tariff quotas referred to in Article 1(1) 

ANNEX I 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota amount 

Quota duty 

09.2767 

ex 2910 90 00 

80 

Allyl glycidyl ether 

09.2769 

ex 2917 13 90 

10 

Dimethyl sebacate 

09.2977 

2926 10 00 

Acrylonitrile 

09.2763 

ex 8501 40 80 

30 

Electric  AC  commutator  motor,  single-phase, 
with an output exceeding 750 W, an input power 
of  more 
than  1 600 W  but  not  exceeding 
2 700 W,  an  external  diameter  of  more  than 
120 mm  (± 0,2 mm)  but  not  exceeding  135 mm 
(± 0,2 mm),  a  rated  speed  of  more  than  30 000 
rpm  but  not  exceeding  50 000  rpm,  equipped 
with  air-inducting  ventilator,  for  use  in  the 
manufacture of vacuum cleaners (1) 

1.7.-
31.12.2008 

1.7.-
31.12.2008 

1.7.-
31.12.2008 

750 tonnes 

0 % 

650 tonnes 

0 % 

35 000 tonnes 

0 % 

1.7. - 
31.12.2008 

1 150 000 
units 

0 % 

09.2775 

ex 8504 40 81 

20 

AC/DC  converter  for  use  in  the  manufacture  of 
LCD television reception apparatus (1) 

1.7. - 
31.12.2008 

200 000 units 

0 % 

09.2771 

ex 8504 40 84 

30 

Inverter on a printed circuit board not integrated 
in  the  power  supply  unit,  for  driving  external 
electrode  fluorescent  lamps  (EEFL)  or  cold 
cathode fluorescent lamps (CCFL) in a backlight 
unit  and  supplying  a  voltage  of  not  more  than 
1,33  kV,  for  use  in  the  manufacture  of  LCD 
modules (1) 

1.7.-
31.12.2008 

800 000 units 

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). 

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Tariff quotas referred to in Article 1(2) 

ANNEX II 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota amount 

Quota duty 

09.2975 

ex 2918 30 00 

10 

Benzophenone-3,3':4,4'-tetracarboxylic 
dianhydride 

1.1.-31.12. 

1 000 tonnes 

0 % 

09.2603 

ex 2930 90 85 

79 

Bis(3-triethoxysilylpropyl)tetrasulfide 

1.1.-31.12. 

9 000 tonnes 

0 % 

09.2935 

3806 10 10 

Rosin  and  resin  acids  obtained  from  fresh 
oleoresins 

1.1.-31.12. 

280 000 
tonnes 

0 % 

09.2814 

ex 3815 90 90 

76 

Catalyst  consisting  of  titanium  dioxide  and 
tungsten trioxide 

1.1.-31.12. 

1 600 tonnes 

0 % 

09.2620 

ex 8526 91 20 

20 

Assembly  for  GPS  system  having  a  position 
determination function 

1.1.-31.12. 

2 000 000 
units 

0 % 

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

6. 

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 

7. 

BUDGET LINES: 

Chapter and Article: Chapter 12, Article 120 

Amount budgeted for the year 2008: € 16 431 900 000 

8. 

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 2008] 

Article 120 

Impact on own resources 

1.7.2008 

- 3.2 

9. 

ANTI-FRAUD MEASURES 

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

10. 

OTHER REMARKS 

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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. 7.2008: 

ANNEX I 

Description of 
product 

Quota amount 
(unit/tonnes) 

Estimated 
price (€ per 
unit/ € per 
tonne) 

Duty (%) 

Quota duty 

(2008 CCT) 

(%) 

Expected loss of revenue 
(in €) 

Ether 

09.2767 

Sebacate 

09.2769 

Acrylonitrile 

09.2977 

Motor 

09.2763 

Converter 

09.2775 

Inverter 

09.2771 

750 tonnes 

4 500 

5.5 

650 tonnes 

2 600 

6 

35 000 
tonnes 

1.150.000 
units 

200 000 
units 

800 000 
units 

900 

6.5 

4.80 

2.7 

6.66 

3.3 

21.72 

3.3 

Total loss of revenue:  
(€ 3 100 308 – € 775 077 ) € 2 325 231 net. 

0 

0 

0 

0 

0 

0 

185 625 

101 400 

2 047 500 

148 419 

43 956 

573 408 

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Effective from 1.7.2008: 

ANNEX II 

Description of 
product 

Dianhydride 

09.2975 

Tetrasulfide 

09.2603 

Rosin 

09.2935 

Catalyst 

09.2814 

GSP 

09.2620 

Variation in 
quota amount 
(unit/tonnes) 

 + 400 tonnes 

(initial 
amount: 

600 tonnes) 

 + 2 500 
tonnes 

(initial 
amount: 

6 500 tonnes) 

+ 80 000 
tonnes 

(initial 
amount: 

200 000 
tonnes) 

+ 800 tonnes 

(initial 
amount: 

800 tonnes) 

+ 1 000 000 
units 

(initial 
amount: 

1 000 000 
units) 

Estimated 
price (€ per 
unit/ € per 
tonne) 

Duty (%) 

Quota duty 

(2008 CCT) 

(%) 

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

11 135 

6.5 

0 

289 510 

400 

6.5 

0 

65 000 

32.50 

5 

0 

130 000 

4 500 

6.5 

0 

234 000 

10.36 

3.7 

0 

383 320 

Total 
(€ 1 101 830 – € 2754 457) € 826 372 net. 

revenue 

loss 

in 

of 

relation 

to 

previous 

quota 

period:  

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