Proposal for a Council Regulation concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2009-07-10
Institutions: European Commission
Subjects: Brazil, CCT duties, Combined Nomenclature, agreement (EU), tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.7.2009 
COM(2009) 352 final 

2009/0093 (ACC) 

Proposal for a 

COUNCIL REGULATION 

concerning the implementation of the Agreement in the form of an Exchange of Letters 
between the European Community and Brazil pursuant to Article XXIV:6 of GATT 
1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the 
tariff and statistical nomenclature and on the Common Customs Tariff 

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EXPLANATORY MEMORANDUM 

1. 

2. 

Reference  is  made  to  Council  Decision  XXXX,  regarding  the  conclusion  of  an 
Agreement  with  Brazil  following  negotiations  in  the  framework  of  Article  XXIV:6 
and Article XXVIII of GATT 1994.  

The  present  proposal  for  a  Council  Regulation  implements  the  Agreement  entered 
into by the Community. 

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2009/0093 (ACC) 

Proposal for a 

COUNCIL REGULATION 

concerning the implementation of the Agreement in the form of an Exchange of Letters 
between the European Community and Brazil pursuant to Article XXIV:6 of GATT 
1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the 
tariff and statistical nomenclature and on the Common Customs Tariff 

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 Commission1, 

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EEC) No 2658/872 established a goods nomenclature, hereinafter 
referred to as the ’Combined Nomenclature’, and set out the conventional duty rates of 
the Common Customs Tariff.  

By  its  Decision  2009/XXX/EC  of  [day  month]  2009  on  the  conclusion  of  an 
Agreement in the form of an Exchange of Letters between the European Community 
and Brazil, the Council approved, on behalf of the Community, the above-mentioned 
Agreement with a view to closing negotiations initiated pursuant to Article XXIV:6 of 
GATT 1994. 

Pursuant  to  Article  153(3)  of  Council  Regulation  (EC)  No  1234/2007  of  22  October 
2007  establishing  a  common  organisation  of  agricultural  markets  and  on  specific 
provisions for certain agricultural products3, full-time refiners in the Community enjoy 
a privileged access to sugar for refining during the first 3 months of the marketing year 
2009/2010,  i.e.  from  1  October  to  31  December  2009.  In  case  that  this  Regulation 
should  apply  from  a  date  posterior  to  1  October  2009  and  in  order  to  respect  the 
priority to full-time refiners in the marketing year 2009/2010, the start of the 3-month 
period has to be postponed to the first day of application of this Regulation. 

(4) 

Regulation  (EEC)  No  2658/87  should  therefore  be  amended  and  supplemented 
accordingly, 

1 
2 
3 

OJ C […], […], p. […]. 
OJ L 256, 7.9.1987, p. 1.  
OJ L 299, 16.11.2007, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In Regulation (EEC) No 2658/87, Annex 7 entitled "WTO tariff quotas to be opened by the 
competent Community authorities", to Section III of Part Three of Annex I, the quotas with 
the Order Numbers 10, 14, 28, 31, 101 and 103 shall be replaced by the quotas with the same 
Order Numbers shown in the Annex to this Regulation. 

Article 2 

By way of derogation from Article 153(3) of Council Regulation (EC) No 1234/2007, for the 
quotas with the Order Numbers 101 and 103 as set out in the Annex to this Regulation, the 
three-month period for the marketing year 2009/2010 shall start from 1 October 2009, or from 
the first day of application of this Regulation, whichever is the latest. 

Article 3 

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

The Commission shall publish a notice in the C series of the Official Journal of the European 
Union stating the date of the signed letter from Brazil referred to in the Agreement in the form 
of an Exchange of Letters between the European Community and Brazil pursuant to Article 
XXIV:6 of GATT 1994. This Regulation shall apply two months after the date of that letter.  

However,  if  detailed  rules  adopted  by  the  Commission  for  the  implementation  of  the  tariff 
quotas referred to in Article 1 of this Regulation are published in the Official Journal before 
the date of application referred to in the second paragraph of this Article, then this Regulation 
shall apply from the day following such publication.  

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  

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 concessions being determined, within the context of this Annex, by the coverage of 
the CN codes as they exist at the time of adoption of the present Regulation. Where ex CN 
codes are indicated, the concessions are to be determined by application of the CN code and 
corresponding description taken together. 

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In Regulation (EEC) No 2658/87, Annex 7 entitled ‘WTO tariff quotas to be opened by the 
competent Community authorities’, of Section III of Part Three of Annex I, the quotas with 
the Order numbers 10, 14, 28, 31, 103 and 101 are replaced by the following:  

Order 
No 

1 

10 

CN Code 

Description 

Quota 
quantity 

Rate 
duty (%) 

of 

Other terms and conditions 

2 

3 

4 

5 

6 

10 000 t 

20 

Supplying country: Brazil 

0201  3000, 
0202  3090, 
0206  1095, 
0206 2991 

Boneless high-
quality meat of 
bovine animals, 
fresh, chilled or 
frozen, meeting the 
following definition: 
'Selected cuts 
obtained from steers 
or heifers having 
been exclusively fed 
with pasture grass 
since their weaning. 
The carcases shall be 
classified as "B" 
with fat cover "2" or 
"3", in accordance 
with the official beef 
carcase classification 
established by the 
Ministry of 
Agriculture, 
Livestock and 
Supply in Brazil 
(Ministério da 
Agricultura, Pecuaria 
e Abastecimento)' 

14 

0202 2030 

Unseparated or 
separated 
forequarters of 
bovine animals, 
frozen 

63 703 t 

20 (*)  

(bone-in 
weight) 

20 + 994,5 
€/1000 
kg/net (**) 

0202 3010  

Forequarters, whole 
or cut into a 
maximum of five 
pieces, each quarter 
being in a single 
block; 'compensated' 

20 (*) 

20 + 1 
554,3 
€/1000 

The meat imported shall be 
used for processing 

(*) When the meat is 
intended for the manufacture 
of preserved food which 
does not contain 
characteristic components 
other than beef and jelly 

(**) When the meat is 
intended for the manufacture 
of products other than the 

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quarters in two 
blocks, one of which 
contains the 
forequarter, whole or 
cut into a maximum 
of five pieces, and 
the other, the 
hindquarter, 
excluding the 
tenderloin, in one 
piece 

Crop, chuck and 
blade and brisket 
cuts 

0202 3050 

0202 3090 

Other 

0206 2991 

Thick skirt and thin 
skirt, frozen 

kg/net (**) 

preserved food referred to 
above 

The quantity may according 
to Community provisions be 
converted into an equivalent 
quantity of high quality 
meat 

20 (*) 

20 + 
1554,3 
€/1000 
kg/net (**) 

20 (*) 

20 + 2 
138,4€/100
0 kg/net 
(**) 

20 (*) 

20 + 2 
138,4 
€/1000 
kg/net (**) 

28 

31 

Cuts of fowls of the 
species Gallus 
domesticus, frozen: 

18 000 t 

0 

Allocated to supplying 
countries as follows: 

0207 1410 

Boneless 

0207 1450 

Breasts and cuts 
thereof 

0207 1470 

Other 

- Brazil 9 600 t 

- Thailand 5 100 t 

- Other 3 300 t 

Cuts of turkey, 
frozen 

 7 485 t 

0 

Allocated to supplying 
countries as follows: 

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0207 2710 

Boneless 

0207 2720 

Halves or quarters 

0207 2780  

Other 

- Brazil 4 300 t 

- Other 3 185 t 

103 

1701 1110  Raw cane sugar, for 
refining 

310 124 t  9,8€/100 

kg/net (*) 

 (*) This rate applies to raw 
sugar with a yield of 92% 

Allocated to Brazil 

101 

1701 1110  Raw cane sugar, for 
refining 

336 876 t  9,8€/100 

kg/net (*) 

(*) This rate applies to raw 
sugar with a yield of 92% 

See also additional Note 2 to 
Chapter 17 

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

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Regulation concerning the implementation of the Agreement 
between the European Community and Brazil relating to compensatory adjustment as 
provided for by Article XXIV:6 of GATT 1994. 

2. 

BUDGET LINES: 

Chapter and Article: Chapter 10 - Agricultural duties 

Amount budgeted for the year concerned:  1 403.5 Mio € 

3. 

FINANCIAL IMPACT  

(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 2009 

Article 100… 

Impact on own resources 

[…] 

- 42.5 

Article … 

Impact on own resources 

[…] 

[…] 

Situation following action 

Year 2010 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article 100 

-127.4 

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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