Proposal for a Council Regulation amending Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova
Date: 2008-09-10
Institutions: European Commission
Subjects: Moldova, agricultural product, generalised preferences, originating product, tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.9.2008 
COM(2008) 540 final 

2008/0176 (ACC) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 55/2008 introducing autonomous trade preferences for 
the Republic of Moldova  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On  21  January  2008  the  Council  adopted  Regulation  (EC)  No  55/20081  introducing 
autonomous trade preferences for the Republic of Moldova2 (ATPs Regulation) and replacing 
the  GSP  preferences  to  which  Moldova  was  previously  entitled.  It  entered  into  force  on  31 
January and is applied since 1 March 2008. The regulation offers all products originating in 
Moldova  free  access  to  the  EU  markets,  except  for  certain  agricultural  products  listed  in 
Annex I to the regulation for which limited concessions have been given either in the form of 
exemption  from  customs  duties  within  the  limit  of  tariff  quotas  or  of  reduction  of  customs 
duties. These are certain meat and dairy products, eggs, cereals, sugar, wine and certain fruits 
and vegetables. 

Explanation of the provisions 

Following the entry into force of this Regulation importers have brought to our attention that 
the current wording of Article 14 of the ATPs Regulation created a de facto gap between the 
application of the GSP preferences and the application of the ATPs, whereas the intention was 
to ensure that GSP preferences would continue to apply for all eligible exports until the ATPs 
were fully in place. According to the current wording goods covered by the GSP, which have 
been exported to the EU between the entry into force of the ATPs (31 January 2008) and the 
start of the application of the regime (1 March 2008) would not be covered by either regime if 
the  purchase  contract  was  not  made  before  31 January  2008  and  it  could  be  shown  that  the 
goods  left  Moldova  no  later  than  31  January  2008.  To  correct  this  situation  the  wording  in 
Article 14(1), 14(1)(a), 14(1)(b), 14(2)(a), 14(2)(b), 14(2)(c) and 14(2)(d) has to be changed 
from "the date of entry into force" to "the date of application". 

Furthermore, in preparing the application of the regulation and the management of the quotas 
listed in Annex I, a few inconsistencies between the quota descriptions and the applicable CN 
codes were detected. The proposed corrections do not contradict or change the methodology 
used to determine the size of the quotas for each product group, which was based on the best 
export  performance  of  the  years  2004  -2006  with  yearly  increases  corresponding  to  the 
potential  increases  in  production  and  export  capacity  of  Moldova  until  2012.  The  proposed 
changes to Annex I of Regulation 55/2008 are the following: 

1. 

2. 

3. 

Quota nr. 09.0504 (meat): Delete the word "domestic" in the description to make the 
description correspond to the CN codes. 

Quota  nr.  09.0509  (common  wheat):  The  CN  code  1001  90  99  was  omitted  by 
mistake  and  should  be  added  in  order  to  make  the  quota  correspond  to  the  offer 
which was based on exports of all common wheat and meslin in accordance with the 
methodology mentioned above. 

Quota  nr.  09.0514  (wine):  Delete  "of  an  actual  alcoholic  strength  by  volume  not 
exceeding  15%"  in  the  description  to  make  the  description  correspond  to  the  CN 
codes.  

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OJ L 20, 24.1.2008, p. 1 
Hereinafter referred to as Moldova 

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Budgetary implications 

The proposed Regulation does not incur costs charged to the EC budget or have any impact 
on  the  EC  budget  in  the  form  of  loss  of  customs  revenue  beyond  what  was  originally 
estimated for the entry into force of the additional preferences for Moldova.  

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2008/0176 (ACC) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 55/2008 introducing autonomous trade preferences for 
the Republic of Moldova  

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) 

Council  Regulation  (EC)  No  55/2008  of  21  January  2008  introducing  autonomous 
trade  preferences  for  the  Republic  of  Moldova  and  amending  Regulation  (EC)  No 
980/2005  and  Commission  Decision  2005/924/EC3  entered  into  force  on  31  January 
2008  and  is  being  applied  as  of  1  March  2008.  The  Regulation  gives  all  products 
originating  in  the  Republic  of  Moldova  (hereinafter  referred  to  as  Moldova)  free 
access  to  the  Community  markets,  except  for  certain  agricultural  products  listed  in 
Annex I to the Regulation for which limited concessions have been given either in the 
form of exemption from customs duties within the limit of tariff quotas or of reduction 
of customs duties.  

The wording of Article 14 of the Regulation created a gap between the application of 
the generalised system of preferences (GSP) to which Moldova was entitled until the 
entry  into  force  of  Regulation  (EC)  No  55/2008,  and  the  application  of  the 
autonomous  trade  preferences  (ATPs),  whereas  the  intention  was  to  ensure  that  the 
GSP would continue to apply for all eligible exports until the ATPs were introduced. 
According to Article 14 goods covered by the GSP, which have been exported to the 
Community between the entry into force of the ATPs and the start of the application of 
the  regime  would  not  be  covered  by  either  regime  in  case  there  was  no  purchase 
contract  made  before  31  January  2008  and  it  could  be  shown  that  the  goods  left 
Moldova  no  later  than  31  January  2008.  To  correct  this  situation  the  wording  in 
Article 14 should be amended so as to refer to the date of application of the Regulation 
and not its entry into force. 

(3) 

In preparing the application of the Regulation (EC) No 55/2008 and the management 
of  the  quotas  listed  in  its  Annex  I,  a  few  inconsistencies  between  the  quota 
descriptions  and  the  applicable  CN  codes  were  detected.  In  order  to  correct  those 
errors the word "domestic" should be deleted in the description for quota No. 09.0504, 

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OJ L 20, 24.1.2008, p. 1 

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the CN code 1001 90 99 should be added to quota No. 09.0509, and the description "of 
an actual alcoholic strength  by volume not exceeding 15%" should be deleted in the 
description  of  quota  No.  09.0514.  The  proposed  corrections  do  not  contradict  or 
change  the  methodology  used  to  determine  the  size  of  the  quotas  for  each  product 
group,  which  was  based  on  best  export  performance  of  the  years  2004  -2006  with 
yearly  increases  corresponding  to  the  potential  increases  in  production  and  export 
capacity of Moldova until 2012. 

(4) 

Regulation (EC) No 55/2008 should therefore be amended accordingly. 

(5) 

In  order  to  ensure  that  the  measures  provided  for  in  this  Regulation  can  be  applied 
without  undue  delay,  it  should  enter  into  force  on  the  day  following  that  of  its 
publication. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 55/2008 is amended as follows: 

1. 

Article 14 is amended as follows: 

(a) 

(b) 

in  the  introductory  phrase  of  paragraph  1,  the  words  "the  entry  into 
force" are replaced by the words "the date of application"; 

in paragraphs 1(a), 1(b), 2(a), 2(b), 2(c) and 2(d), the words "the date 
of  entry  into  force"  are  replaced  by  the  words  "the  date  of 
application". 

2. 

Annex I is replaced by the text set out in the Annex to this Regulation. 

Article 2 

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

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 

"ANNEX I 

PRODUCTS SUBMITTED TO QUANTITATIVE LIMITS OR PRICE THRESHOLDS 
REFERRED TO IN ARTICLE 3 

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording 
for the description of the products is to be considered as having no more than an indicative 
value,  the  preferential  scheme  being  determined,  within  the  context  of  this  Annex,  by  the 
coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be 
determined  by  application  of  the  CN  code  and  corresponding  description  taken  together.

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1. Products subject to annual duty free tariff quotas 

Order No 

CN Code 

Description 

09.0504 

0201 to 
0204 

Fresh,  chilled  and  frozen  meat  of  bovine  animals,  swine 
and sheep and goats 

09.0505 

ex 0207 

09.0506 

ex 0210 

Meat and edible offal of the poultry of heading 0105, fresh, 
chilled  or  frozen,  other  than  fatty  livers  of  subheading 
0207.34 

Meat  and  edible  meat  offal  of  swine  and  bovine  animals, 
salted,  in  brine,  dried  or  smoked;  edible  flours  and  meals 
of  meat  or  meat  offals  of  domestic  swine  and  bovine 
animals 

09.4210 

0401 to 0406 

Dairy products 

09.0507 

0407.00 

Birds' eggs, in shell 

09.0508 

ex 0408 

09.0509 

1001.90.91 

1001.90.99 

Bird's eggs, not in shell and egg yolks, other than unfit for 
human consumption 

Other  spelt  (other  than  spelt  for  sowing),  common  wheat 
and meslin  

09.0510 

1003.00.90 

09.0511 

1005.90 

Barley 

Maize 

1601 00 91 and 
1601 00 99 

Sausages  and  similar  products,  of  meat,  meat  offal  or 
blood; food preparations based on these products 

09.0512 

ex 1602 

Other prepared or preserved meat, meat offal or blood: 
- of fowls of the species Gallus domesticus, uncooked, 
- of domestic swine, 
- of bovine animals, uncooked 

2008 (1) 

3 000 (2) 

2009 (1) 

3 000 (2) 

2010 (1) 

4 000 (2) 

2011 (1) 

4 000 (2) 

2012 (1) 

4 000 (2) 

400 (2) 

400 (2) 

500 (2) 

500 (2) 

500 (2) 

400 (2) 

400 (2) 

500 (2) 

500 (2) 

500 (2) 

1 000 (2) 
90 (3) 

200 (2) 

1 000 (2) 
95 (3) 

200 (2) 

1 500 (2) 
100 (3) 

300 (2) 

1 500 (2) 
110 (3) 

300 (2) 

1 500 (2) 
120 (3) 

300 (2) 

25 000 (2) 

30 000 (2) 

35 000 (2) 

40 000 (2) 

50 000 (2) 

20 000 (2) 
15 000 (2) 

25 000 (2) 
20 000 (2) 

30 000 (2) 
25 000 (2) 

35 000 (2) 
30 000 (2) 

45 000 (2) 
40 000 (2) 

500 (2) 

500 (2) 

600 (2) 

600 (2) 

600 (2) 

09.0513 

1701.99.10 

White Sugar 

 15 000(2) 

 18 000 (2) 

 22 000 (2) 

 26 000(2) 

 34 000(2) 

09.0514 

2204 21 and 
2204 29 

Wine of fresh grapes other than sparkling wine 

60 000 (4) 

70 000 (4) 

80 000 (4) 

100 000 (4) 

120 000 (4) 

 (1) From 1 January until 31 December, except for 2008 from the first day of application of the Regulation until 31 December (2) tonnes (net weight). (3) million units, (4) hectolitres" 

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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  Council  Regulation  (EC)  No  55/2008  introducing 
autonomous trade preferences for the Republic of Moldova  

2. 

BUDGET LINES: 

Chapter and Article: Article 120 

Amount budgeted for the year concerned: 16 431 900 000  

3. 

FINANCIAL IMPACT  

(cid:59) 

(cid:133) 

Proposal has no financial implications 

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 

Revenue4 

12 month period, 
starting dd/mm/yyyy

[Year n] 

Article … 

Impact on own resources 

Article … 

Impact on own resources 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

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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Article … 

4. 

5. 

ANTI-FRAUD MEASURES 

OTHER REMARKS 

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