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: 2009-05-20
Institutions: European Commission
Subjects: agricultural production, chemical product, industrial product, tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.5.2009 
COM(2009) 232 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 

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EXPLANATORY MEMORANDUM 

1. 

1.1. 

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 or increase autonomous 
tariff quotas for certain industrial products. 

1.2. 

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 

For certain products for which an autonomous tariff quota is opened by Regulation 
(EC)  No  2505/96,  the  quota  amount  set  out  in  that  Regulation  is  expressed  in  a 
measurement  unit  other  than  the  weight  in  tonnes  or  kilogram  and  than  the  value. 
Where  for  those  products  no  supplementary  measurement  unit  is  set  out  in  the 
Combined  Nomenclature  laid  down  in  Annex  I  to  Council  Regulation  (EEC)  No 
2658/87  of  23  July  1987  on  the  tariff  and  statistical  nomenclature  and  on  the 
Common Customs Tariff, there can be uncertainty in respect of the measurement unit 
used. For the sake of clarity and in the interest of a better quotas management it is 
necessary to provide that, in order to benefit from the said autonomous tariff quotas, 
the  exact  quantity  of  the  products  imported  must  be  entered  in  "Box  41: 
Supplementary  units"  of  the  declaration  for  release  for  free  circulation  using  the 
measurement  unit  of  the  quota  amount  set  out  for  those  products  in  Annex  I  to 
Regulation (EC) No 2505/96. 

1.3. 

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 1362/2008 (OJ L 352, 31.12.2008, p.18). 

1.4. 

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. 

2.1. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of stakeholders 

Consultation methods, main sectors targeted and general profile of respondents 

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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. 

2.2. 

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. 

2.3. 

Impact assessment 

Not applicable. 

The  proposal  is  not  mentioned  in  the  Commission’s  Legislative  and  Work 
Programme for 2009. 

3. 

3.1. 

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. 

3.2. 

Legal basis 

Article 26 of the EC Treaty. 

3.3. 

Subsidiarity principle 

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

3.4. 

Proportionality principle 

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

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). 

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3.5. 

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 € 1 576 646. 

5. 

5.1. 

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) 

(5) 

(6) 

For  certain  products  for  which  an  autonomous  tariff  quota  is  opened  by  Regulation 
(EC)  No  2505/962  the  quota  amount  set  out  in  that  Regulation  is  expressed  in  a 
measurement  unit  other  than  the  weight  in  tonnes  or  kilogram  and  than  the  value. 
Where  for  those  products  no  supplementary  measurement  unit  is  set  out  in  the 
Combined  Nomenclature  laid  down  in  Annex  I  to  Council  Regulation  (EEC)  No 
2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common 
Customs Tariff3 there can be uncertainty in respect of the measurement unit used. For 
the  sake  of  clarity  and  in  the  interest  of  a  better  quotas  management  it  is  therefore 
necessary to provide that, in order to benefit from the said autonomous tariff quotas, 
the  exact  quantity  of  the  products  imported  must  be  entered  in  "Box  41: 
Supplementary  units"  of  the  declaration  for  release  for  free  circulation  using  the 
measurement  unit  of  the  quota  amount  set  out  for  those  products  in  Annex  I  to 
Regulation (EC) No 2505/96. 

Community  demand  for  the  products  to  which  Regulation  (EC)  No  2505/96  applies 
should be met under the most favourable conditions. For that purpose with effect from 
1 July 2009, three new Community tariff quotas should be opened at zero rates of duty 
for  appropriate  amounts  while  avoiding  any  disturbance  to  the  markets  for  those 
products. 

The  quota  amount  for  autonomous  Community tariff quota with order no 09.2767 is 
insufficient  to  meet  the  needs  of  the  Community  industry.  Consequently,  this  quota 
amount should be increased. 

For  the  autonomous  Community  tariff  quota  with  order  no  09.2806  the  product 
description should be revised. 

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

Since  the  tariff  quotas  have  to  take  effect  from  1  July  2009,  this  Regulation  should 
apply from the same date and enter into force immediately, 

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OJ C , , p. . 
OJ L 345, 31.12.1996, p.1. 
OJ L 256, 7.9.1987, p.1. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

The following Article 1a is inserted: 

'Article 1a 

Where a declaration for release for free circulation is presented, including a request 
for benefit from an autonomous tariff quota opened by this Regulation, for which the 
quota amount is expressed in a measurement unit other than the weight in tonnes or 
kilogram and than the value, for products for which no supplementary unit is set out 
in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) 
No 2658/874, the exact quantity of the products imported shall be entered in "Box 41: 
Supplementary  units"  of  that  declaration  using  the  measurement  unit  of  the  quota 
amount for those products as set out in Annex I to this Regulation' 

(2) 

Annex I is amended as follows: 

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

(a) 
inserted. 

(b)  with  effect  from  1  January  2009,  the  rows  for  the  tariff  quotas  with  order 
numbers  09.2767  and  09.2806  are  replaced  by  the  rows  set  out  in  Annex  II  to  this 
Regulation. 

Article2 

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

It shall apply from 1 July 2009. 

However, point (b) of Article 1(2) shall apply from 1 January 2009. 

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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OJ L 256, 7.9.1987, p.1 

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Tariff quotas referred to in point (a) of Article 1(2) 

ANNEX I 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota amount 

Quota duty 

09.2813 

ex 3920 91 00 

94 

Co-extruded  trilayer  poly(vinyl  butyral)  film 
without  a  graduated  colour  band  containing  by 
weight 29 % or more but not more than 31 % of 
2,2’-ethylenedioxydiethyl  bis(2-ethylhexanoate) 
as a plasticiser 

1.7. - 31.12. 

500 000 m² 

0 % 

09.2807 

ex 3913 90 00 

86 

Non sterile sodium hyaluronate 

1.7. - 31.12. 

55 000 g 

0 % 

09.2815 

ex 6909 19 00 

70 

Supports  for  catalysts  or  filters,  consisting  of 
porous  ceramics  made  primarily  from  oxides  of 
aluminium  and  titanium;  with  a  total  volume  of 
not  more  than  65  litres  and  at  least  one  duct 
(open  on  one  or  both  ends)  per  cm²  of  cross 
section 

1.7. - 31.12. 

190 000 units 

0% 

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Tariff quotas referred to in point (b) of Article 1(2) 

ANNEX II 

Order 
number 

CN code 

TARIC 

Description 

Quota period  Quota amount 

Quota duty 

09.2806 

ex 2825 90 40  

30 

Tungsten trioxide, including blue tungsten oxide 

1.1.-31.12. 

12 000 tonnes 

0 % 

09.2767 

ex 2910 90 00 

80 

Allyl glycidyl ether 

1.1.-31.12. 

2 500 tonnes 

0 % 

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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 concerned: €

 17 655 800 000 

3. 

FINANCIAL IMPACT  

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 

Revenue5 

Article 120 

Impact on own resources 

6 month period, 
starting 01/07/2009 

[Year 2009] 

1.7.2009 – 
31.12.2009 

- 1.6 

4. 

ANTI-FRAUD MEASURES 

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

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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 
m²/ € per 
kg/per unit) 

Duty (%) 
(2009 CCT) 

Quota duty 
(%) 

Expected loss of revenue 
(in €)  

Film 

09.2813 

Sodium 
hyaluronate 

09.2807 

Supports 

09.2815 

500 000 m² 

6.26 

6.1 

55 kg 

173 081 

6.5 

190 000 u 

100 

5 

0 

0 

0 

190 930 

618 765 

1 045 000 

Total loss of revenue:  
(€ 1 854 695 – € 463 673) € 1 391 022 net.

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Effective from 1.7.2008: 

ANNEX II 

Description of 
product 

Variation in 
quota amount 
(unit/tonnes) 

Estimated 
price (€ per 
tonne) 

Duty (%) 
(2009 CCT) 

Quota duty 
(%) 

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

Ether 

09.2767 

 + 1 000 
tonnes 

(initial 
amount: 

1 500 tonnes) 

4 500 

5.5 

0 

247 500 

Total 
(€ 247 500 – € 61 875) € 185 625 net. 

revenue 

loss 

of 

in 

relation 

to 

previous 

quota 

period:  

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