Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on repealing certain obsolete Council acts
Date: 2010-12-21
Institutions: European Commission
Subjects: Community acquis, Council of the European Union, EU law, application of EU law, drafting of EU law

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EUROPEAN COMMISSION 

Brussels, 21.12.2010 
COM(2010) 765 final 

2010/0369 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on repealing certain obsolete Council acts 

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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  Community  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  'acquis  communautaire',  in  order  to  improve 
transparency and certainty of Union law.  

The  Commission  has  carried  out  several  exercises  to  remove  obsolete  legislation  from  the 
acquis,  partly  trough  the  traditional  repeal  procedure,  partly  by  declaring  the  relevant 
Commission acts obsolete. The Commission also identified a number of Council acts related 
to  the  Common  Agricultural  Policy,  but  which  are  based  upon  Article  207  of  the  Treaty 
(former Article 133), which have exhausted all practical effects, but are formally still in force. 
It is not within the Commission's powers to declare obsolete acts 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proposal shall be repealed by the Council and the European Parliament. 

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OJ C 321, 31.12.2003, p. 1. 

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2010/0369 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on repealing certain obsolete Council acts 

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 
thereof, 

Having regard to the proposal from the European Commission2, 

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

Having regard to the opinion of the European Economic and Social Committee3, 

Acting in accordance with the ordinary legislative procedure4, 

Whereas: 

(1) 

(2) 

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.  

The  following  acts  relating  to  the  common  commercial  policy  have  become  obsolete,  even 
though formally they are still in force: 

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Council  Regulation  (EEC)  No  1471/88  of  16  May  1988  concerning  the  arrangements 
applicable to imports of sweet potatoes and manioc starch intended for certain uses and 
amending  Regulation  (EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and 
on  the  Common  Customs  Tariff5  has  exhausted  its  effects  since  its  content  has  been 
taken up by successive acts. 

Council  Regulation  (EEC)  No  478/92  of  25  February  1992  opening  an  annual 
Community tariff quota for dog or cat food, put up for retail sale and falling within CN 
code 2309 10 11 and an annual Community tariff quota for fish food falling within CN 

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OJ C […], […], p. […]. 
OJ C […], […], p. […].  
OJ C […], […], p. […].  
OJ L 134, 31.5.1988, p. 1. 

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code ex 2309 90 41, originating in, and coming from, the Faroe Islands6 was intended to 
open a tariff quota for the year 1992 and has therefore exhausted its effects. 

Council  Regulation  (EEC)  No  3125/92  of  26  October  1992  on  the  arrangements 
applicable to the importation into the Community of sheepmeat and goatmeat products 
originating  in  Bosnia-Herzegovina,  Croatia,  Slovenia,  Montenegro,  Serbia  and  the 
former  Yugoslav  Republic  of  Macedonia7  dealt  with  a  temporary  situation  and  has 
therefore exhausted its effects.  

Council  Regulation  (EC)  No  2184/96  of  28  October  1996  concerning  imports  into  the 
Community of rice originating in and coming from Egypt8 was meant to grant customs 
duty  reductions  resulting  from  an  international  agreement  which  was  subsequently 
replaced by another agreement entered into with Egypt and has therefore exhausted its 
effects.  

Council  Regulation  (EC)  No  2398/96  of  12  December  1996  opening  a  tariff  quota  for 
turkey  meat  originating  in  and  coming  from  Israel  as  provided  for  in  the  Association 
Agreement and the Interim Agreement between the European Community and the State 
of  Israel9  has  exhausted  its  effects  since  it  was  based  on  the  Association  Agreement 
signed in the year 1995 which was subsequently replaced by the Association Agreement 
which entered into force on the  1st of January 2010 and which provided for new tariff 
rate quotas.  

Council Regulation (EC) No 1722/1999 of 29 July 1999 on the import of bran, sharps 
and other residues of the sifting, milling or other working of certain cereals originating 
in Algeria, Morocco and Egypt and the import of durum wheat originating in Morocco10 
has exhausted its effects since it was meant as an interim instrument for the period prior 
to  the  entry  into  force  of  Association  Agreements  with  Algeria,  Morocco  and  Egypt 
which has taken place in the meantime.  

Council Regulation (EC) No 2798/1999 of 17 December 1999 laying down general rules 
for  the  import  of  olive  oil  originating  in  Tunisia  for  the  period  1  January  2000  to  31 
December  2000  and  repealing  Regulation  (EC)  No  906/9811  introduced  a  measure 
applicable only in the year 2000 and has therefore exhausted its effects.  

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 
products12 only covered the year 2000 and has therefore exhausted its effects. 

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OJ L 55, 29.2.1992, p. 2. 
OJ L 313, 30.10.1992, p. 3. 
OJ L 292, 15.11.1996, p. 1. 
OJ L 327, 18.12.1996, p. 7. 
OJ L 203, 3.8.1999, p. 16. 
OJ L 340, 31.12.1999, p. 1. 
OJ L 24, 29.1.2000, p. 9. 

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Council Decision 2004/910/EC of 26 April 2004 on the conclusion of the Agreements in 
the form of an Exchange of Letters between the European Community and, of the one 
part,  Barbados,  Belize,  the  Republic  of  the  Congo,  Fiji,  the  Cooperative  Republic  of 
Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of 
Madagascar,  the  Republic  of  Malawi,  the  Republic  of  Mauritius,  the  Republic  of 
Surinam, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic 
of  Tanzania,  the  Republic  of  Trinidad  and  Tobago,  the  Republic  of  Uganda,  the 
Republic of Zambia and the Republic of Zimbabwe and, of the other part, the Republic 
of  India  on  the  guaranteed  prices  for  cane  sugar  for  the  2003/2004  and  2004/2005 
delivery periods13 had a temporary character and has therefore exhausted its effects. 

Council  Regulation  (EC)  No  1923/2004  of  25  October  2004  establishing  certain 
concessions  for  the  Swiss  Confederation  in  the  form  of  Community  tariff  quotas  for 
certain processed agricultural products14 introduced a measure applicable from 1 May to 
31 December 2004 and has therefore exhausted its effects.  

Council Decision 2007/317/EC of 16 April 2007 establishing the position to be adopted, 
on behalf of the Community, within the International Grains Council with respect to the 
extension  of  the  Grains  Trade  Convention  199515  has  exhausted  its  effects  since  its 
content has been taken up by a successive act.  

(3) 

The following acts concerning certain countries have become obsolete following the accession 
of those countries to the European Union: 

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Council Decision 98/658/EC of 24 September 1998 on the conclusion of the Additional 
Protocol  to  the  Interim  Agreement  on  trade  and  trade-related  matters  between  the 
European  Community,  the  European  Coal  and  Steel  Community  and  the  European 
Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other 
part,  and  to  the  Europe  Agreement  between  the  European  Communities  and  their 
Member States, of the one part, and the Republic of Slovenia, of the other part16 .  

Council  Regulation  (EC)  No  278/2003  of  6  February  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products originating in Poland17.  

Council  Regulation  (EC)  No  999/2003  of  2  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  import  of  certain  processed  agricultural  products 
originating  in  Hungary  and  the  export  of  certain  processed  agricultural  products  to 
Hungary18.  

Council  Regulation  (EC)  No  1039/2003  of  2  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 

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OJ L 391, 31.12.2004, p. 1 
OJ L 331, 5.11.2004, p. 9. 
OJ L 119, 9.5.2007, p. 30. 
OJ L 314, 24.11.1998, p. 6. 
OJ L 42, 15.02.2003, p. 1. 
OJ L 146, 13.6.2003, p. 10. 

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products  originating  in  Estonia  and  the  exportation  of  certain  agricultural  products  to 
Estonia19.  

Council  Regulation  (EC)  No  1086/2003  of  18  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products  originating  in  Slovenia  and  the  exportation  of  certain  processed  agricultural 
products to Slovenia20.  

Council  Regulation  (EC)  No  1087/2003  of  18  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products  originating  in  Latvia  and  the  exportation  of  certain  processed  agricultural 
products to Latvia21. 

Council  Regulation  (EC)  No  1088/2003  of  18  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products  originating  in  Lithuania  and  the  exportation  of  certain  processed  agricultural 
products to Lithuania22. 

Council  Regulation  (EC)  No  1089/2003  of  18  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products  originating  in  the  Slovak  Republic  and  the  exportation  of  certain  processed 
agricultural products to the Slovak Republic23.  

Council  Regulation  (EC)  No  1090/2003  of  18  June  2003  adopting  autonomous  and 
transitional  measures  concerning  the  importation  of  certain  processed  agricultural 
products  originating  in  the  Czech  Republic  and  the  exportation  of  certain  processed 
agricultural products to the Czech Republic24. 

(4) 

For reasons of legal certainty and clarity, those obsolete acts should be repealed, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulations  (EEC)  No  1471/88,  (EEC)  No  478/92,  (EEC)  No  3125/92,  (EC)  No  2184/96,  (EC)  No 
2398/96,  (EC)  No  1722/1999,  (EC)  No  2798/1999,  (EC)  No  215/2000,  (EC)  No  278/2003,  (EC)  No 
999/2003, (EC) No 1039/2003, (EC) No 1086/2003, (EC) No 1087/2003, (EC) No 1088/2003, (EC) No 
1089/2003,  (EC)  No  1090/2003,  (EC)  No  1923/2004  and  Decisions  98/658/EC,  2004/910/EC, 
2007/317/EC are repealed.  

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OJ L 151, 19.6.2003, p. 1. 
OJ L 163, 1.7.2003, p. 1. 
OJ L 163, 1.7.2003, p. 19. 
OJ L 163, 1.7.2003, p. 38. 
OJ L 163, 1.7.2003, p. 56. 
OJ L 163, 1.7.2003, p. 73. 

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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 […], 

For the European Parliament 
The President 

For the Council 
The President 

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