Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing Regulation (EEC) No 429/73 making special provisions for imports into the Community of certain goods coming under Regulation (EEC) No 1059/69 and originating in Turkey and Regulation (EC) No 215/2000 renewing for 2000 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products
Date: 2010-12-16
Institutions: European Commission
Subjects: agricultural levy, agro-industry, import (EU), organic chemical, processed food product, starch, tariff exemption, tariff quota

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EUROPEAN COMMISSION 

Brussels, 16.12.2010 
COM(2010) 756 final 

2010/0367 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Regulation (EEC) No 429/73 making special provisions for imports into the 
Community of certain goods coming under Regulation (EEC) No 1059/69 and 
originating in Turkey and Regulation (EC) No 215/2000 renewing for 2000 the measures 
laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of 
Community tariff quotas in 1995 for certain processed agricultural products  

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EXPLANATORY MEMORANDUM 

A number of acts which were adopted over the last decades have exhausted all their effects, 
but  remain  technically  into  force.  They  have  become  obsolete  because  of  their  temporary 
character  or  because  their  content  has  been  taken  up  by  successive  acts.  Several  measures 
linked  to  the  accession  of  new  Member  States  have  become  obsolete  following  their 
accession. The European  Parliament,  the Council and the Commission agreed in their inter-
institutional agreement on better law making that Union law should be updated and condensed 
by  repealing  acts  which  are  no  longer  applied.1  Acts  which  have  no  continued  relevance 
should be removed from the 'Union acquis', in order to improve transparency and certainty of 
Union law.  

The  Commission  has  carried  out  several  exercises  to  remove  obsolete  legislation  from  the 
acquis,  mostly  by  declaring  the  relevant  Commission  acts  obsolete.  Most  recently,  the 
Commission  declared  some  250  agricultural  acts  obsolete,  some  other  agricultural  acts  and 
some 60 acts in the area of trade in processed agricultural products will be declared obsolete 
soon.2  

The Commission identified two Council acts in the area of trade in goods resulting from the 
processing  of  agricultural  products,  which  are  based  upon  Article  207  of  the  Treaty  on  the 
Functioning of the European Union (formerly art 133 of the Treaty establishing the European 
Community and before art 113 of the Treaty establishing the European Community), which 
have  exhausted  all  practical  effects,  but  are  formally  still  in  force.  It  is  not  within  the 
Commission's  powers  to  declare  acts  obsolete  which  were  adopted  by  the  Council.  In  the 
interest of legal certainty, the Commission suggests that the acts listed in this proposal shall 
be repealed by the Council.  

This proposal concerns the repeal of Council Regulation (EEC) No 429/73 that determines the 
reduced fixed component of the import duties for processed agricultural products originating 
in  Turkey.  Its  provisions  became  obsolete  because  Decision  No  1/95  of  the  EC  Turkey 
Association  Council  of  22  December  1995  on  implementing  the  final  phase  of  the  Custom 
Union has eliminated Customs duties for goods originating in Turkey. 

This  proposal  concerns  also  the  repeal  of  Council  Regulation  (EEC)  No  215/2000  that 
renewed preferential tariff quotas only for the year 2000 and that has exhausted all its effects 

The  present  proposal  is  similar  to  that  foreseen  for  obsolete  agricultural  acts  in  the 
Simplification  Rolling  Programme  adopted  in  the  framework  of  the  implementation  of  the 
Commission's strategy for simplification of the regulatory environment, as updated recently - 
document  COM  (2008)  712  Annex  2  to  the  2009  Commission's  Legislative  and  Work 
Programme. 

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2 

OJ C 321, 31.12.2003, p. 1. 
OJ C 30, 6.2.2009, p. 18. 

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2010/0367 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Regulation (EEC) No 429/73 making special provisions for imports into the 
Community of certain goods coming under Regulation (EEC) No 1059/69 and 
originating in Turkey and Regulation (EC) No 215/2000 renewing for 2000 the measures 
laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of 
Community tariff quotas in 1995 for certain processed agricultural products  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Improving  the  transparency  of  Union  law  is  an  essential  element  of  the  better 
lawmaking  strategy  that  Union  institutions  are  implementing.  In  that  context  it  is 
appropriate  to  remove  from  active  legislation  those  acts  which  no  longer  have  real 
effect. 

Regulation  (EEC)  No  429/73  of  the  Council  of  5  February  1973  making  special 
provisions for imports into the Community of certain goods coming under Regulation 
(EEC) No 1059/69 and originating in Turkey3 was adopted in order to determine the 
reduced  fixed  component  of  the  import  duties  for  processed  agricultural  products 
originating in Turkey and imported in the framework of the Additional Protocol to the 
Agreement establishing an Association between the European Economic Community 
and Turkey, signed on 23 November 1970. 

Since Decision No 1/95 of the EC Turkey Association Council of 22 December 1995 
on implementing the final phase of the Custom Union4 eliminated Customs duties for 
goods originating in Turkey, Regulation (EEC) No 429/73 has become obsolete.  

Council  Regulation  (EC)  No  215/2000  of  24  January  2000  renewing  for  2000  the 
measures  laid  down  in  Regulation  (EC) No 1416/95  establishing certain  concessions 
in  the  form  of  Community  tariff  quotas  in  1995  for  certain  processed  agricultural 

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OJ L 59, 5.3.1973, p.85. 
OJ L 35, 13.2.1996, p.1. 

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products5  had  a  temporary  character,  was  only  applicable  in  the  year  2000  and  has 
exhausted all its effects. 

(5) 

For reasons of legal certainty and clarity, Regulations (EEC) No 429/73 and (EC) No 
215/2000 should therefore be repealed, 

HAVE ADOPTED THIS REGULATION: 

Regulations (EEC) No 429/73 and (EC) No 215/2000 are repealed.  

Article 1 

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

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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OJ L 24, 29.1.2000, p.9. 

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