COUNCIL REGULATION amending Regulation (EU) No 7/2010 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products Proposal for a COUNCIL REGULATION amending Regulation (EU) No 7/2010 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products
Date: 2011-05-17
Institutions: European Commission
Subjects: agricultural product, import (EU), industrial product, tariff exemption, tariff quota

EUROPEAN COMMISSION 

Brussels, 17.5.2011 
COM(2011) 269 final 

2011/0120 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 7/2010 opening and providing for the management of 
autonomous tariff quotas of the Union for certain agricultural and industrial products 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Autonomous tariff quotas of the Union are needed for products where production in the Union 
is insufficient to meet the needs of the user industry in the Union 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  autonomous  tariff  quotas  for 
certain agricultural and industrial products. 

On  22 December 2009  the  Council  adopted  Regulation  (EU)  No 7/2010  opening  and 
providing  for  the  management  of  autonomous  tariff  quotas  of  the  Union  for  certain 
agricultural and industrial products so that Union demand for the products in question could 
be met under the most favourable conditions. 

Tariff  quotas  of  the  Union  should  be  opened  at  zero  or  reduced  rates  of  the  autonomous 
Common  Customs  Tariff  duty  for  appropriate  volumes,  without  disturbing  the  markets  for 
such products. Discussions at meetings of the Economic Tariff Questions Group showed that 
the  Member  States  were  ready  to  increase  quota  volumes  for  the  products  covered  by  the 
proposal for a Regulation and to amend the product description for the quota with order No 
09.2631, without disturbing the markets for such products. It was also necessary to close the 
tariff quota for order No 09.2947. 

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. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Economic Tariff Questions Group representing the industries of each Member State was 
consulted. All listed quotas reflect the agreement reached by the Group. 

There was no mention of potentially serious risks with irreversible consequences. 

This proposal will follow an inter-service consultation procedure and will be published after 
its adoption by the Council. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Amendment  of  a  Council  Regulation  opening  and  providing  for  the  management  of 
autonomous tariff quotas of the Union for certain agricultural and industrial products on the 
legal basis of Article 31 of the Treaty on the Functioning of the European Union. By virtue of 
that Article autonomous tariff quotas are fixed by the Council acting on a qualified majority 
on the basis of a Commission proposal. 

The  proposal  falls  under  the  exclusive  competence  of  the  Union.  The  subsidiarity  principle 
therefore does not apply. 

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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). 

4. 

BUDGETARY IMPLICATION 

Uncollected customs duties with a total amount of € - 837 623. 

5. 

OPTIONAL ELEMENTS 

In the Annex to the proposed regulation increases and amendments of autonomous quotas are 
listed. 

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2011/0120 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 7/2010 opening and providing for the management of 
autonomous tariff quotas of the Union for certain agricultural and industrial products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 31 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

In order to ensure sufficient and uninterrupted supplies of certain goods insufficiently 
produced  in  the  Union  and  to  avoid  any  disturbances  on  the  market,  for  certain 
agricultural  and  industrial  products,  autonomous  tariff  quotas  have  been  opened  by 
Council Regulation (EU) No 7/20101 within which those products can be imported at 
reduced or zero duty rates.  

The quota volumes, previously established, for autonomous tariff quotas of the Union 
with order numbers 09.2767, 09.2813, 09.2628, 09.2629 and 09.2635 are insufficient 
to meet the needs of the Union industry. Consequently, those quota volumes should be 
increased, from 1 July in the case of the tariff quotas with the order numbers 09.2767 
and  09.2813,  from  1  January  in  the  case  of  tariff  quotas  with  the  order  numbers 
09.2628 , 09.2629 and 09.2635. 

(3)  Moreover,  for  the  autonomous  tariff  quota  of  the  Union  with  the  order  number 

09.2631 the product description should be revised. 

(4) 

(5) 

(6) 

In  addition,  it  is  no  longer  in  the  interest  of  the  Union  to  continue  to  grant  a  tariff 
quota  for  the  second  semester  2011.  The  quota  with  order  number  09.2947  should 
therefore be closed with effect from 1 July 2011 and the corresponding row should be 
deleted from the Annex to Regulation (EU) No 7/2010. 

Regulation (EU) No 7/2010 should therefore be amended accordingly. 

Since some of the measures provided for in this Regulation have to take effect from 1 
January 2011 and others from 1 July 2011, this Regulation should apply from the same 
dates and enter into force immediately, 

1 

OJ L 3, 7.1.2010, p.1. 

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HAS ADOPTED THIS REGULATION: 

The Annex to Regulation (EU) No 7/2010 is amended as follows: 

Article 1 

(1)  the  rows  for  the  tariff  quotas  with  order  numbers  09.2767,  09.2813  and  09.2631  are 
replaced by the rows set out in Annex I to this Regulation, 

(2)  the  rows  for  the  tariff  quotas  with  order  numbers  09.2628,  09.2629  and  09.2635  are 
replaced by the rows set out in Annex II to this Regulation. 

(3) the row for the tariff quota with order number 09.2947 is deleted. 

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

Article 2 

It shall apply from 1 July 2011. 

However, Article 1(2) shall apply from 1 January 2011. 

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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Tariff quotas referred to in Article 1(1) 

ANNEX I 

Order 
number 

CN code 

TARIC 

Description 

Quota 
period 

Quota volume  Quota duty 

09.2767 

ex 2910 90 00 

80 

Allyl glycidyl ether 

1.1.-31.12. 

4 300 tonnes 

0 % 

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 

1.1.-31.12. 

3 000 000 m² 

0 % 

09.2631 

ex 9001 90 00 

80 

Unmounted  glass  lenses,  prisms  and  cemented 
elements  for  use  in  the  manufacture  of  goods  of 
CN codes 9002, 9005, 9013 10 and 9015 (1) 

1.1.-31.12. 

5 000 000 
units 

0 % 

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Tariff quotas referred to in Article 1(2) 

ANNEX II 

Order 
number 

CN code 

TARIC 

Description 

Quota 
period 

Quota amount  Quota duty 

09.2628 

ex 7019 52 00 

10 

Glass  web  woven  from  glass  fibre  coated  in 
plastic,  of  a  weight  of  120 g/m²(± 10 g/m²),  of  a 
type  used  in  rolling  insect  screens  with  fixed 
frames 

1.1.-31.12. 

1 900 000 m² 

0 % 

09.2629 

ex 7616 99 90 

85 

Aluminium  telescopic  handle  for  use  in  the 
manufacture of luggage (1) 

1.1.-31.12. 

600 000 units 

0 % 

09.2635  

ex 9001 10 90 

20 

Optical  fibres  for  the  manufacture  of  glass  fibre 
cables under heading 8544 (1) 

1.1.-31.12. 

3 300 000 km   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 7/2010 opening and providing for 
the management of autonomous tariff quotas of the Union for certain agricultural and 
industrial products 

2. 

BUDGET LINES 

Chapter and Article: Chapter 12, Article 120 

Amount budgeted for the year 2010: € 14 079 700 000 € 

3. 

FINANCIAL IMPACT  

(cid:133) 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 

X 
revenue – the effect is as follows: 

(€ million to one decimal place)  

Budget line 

Revenue2 

6 month period, 
starting 01/07/2011

Article 120 

Impact on own resources 

- 0.8 

4. 

ANTI-FRAUD MEASURES  

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

5. 

Other Remarks 

2 

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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ANNEX I 

Effective from 1. 7.2011: 

Tariff quotas referred to in Article 1 

Description of 
product 

Quota amount 
(unit/tonnes) 

Estimated 
price (€ per 
tonne, m²) 

Duty (%) 

Quota duty 

(2011 CCT) 

(%) 

Expected loss of revenue 
(in €)  

Ether 

09.2767 

Film 

09.2813 

+ 1 800 tonnes 

(initial 
amount: 

2 500 tonnes) 

+ 1 000 000 
m² 

(initial 
amount: 

2 000 000 m²) 

4 500 

5.5 

0 

445 500 

6.26 

6.1 

0 

381 860 

Total loss of revenue:  
(€ 827 360 – € 206 840) = € 620 520 net.

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ANNEX II 

Effective from 1. 1.2011: 

Tariff quotas referred to in Article 2 

Description of 
product 

Variation in 
quota amount 
(tonnes/g) 

Estimated 
price (€ per 
m², unit, 
km) 

Duty (%) 

Quota duty 

(2011 CCT) 

(%) 

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

Glass web 

09.2628 

Handles  

09.2629 

Optical fibres 

09.2635 

+ 1 550 000 
m² 

(initial 
amount: 

350 000 m²) 

 + 360 000 
units 

(initial 
amount: 

240 000 units) 

+ 700 000 km 

(initial 
amount: 

2 600 000 
units) 

0.96 

7 

0 

104 160 

2.32 

6 

0 

 50 112 

6.66 

2.9 

0 

135 198 

Total loss of revenue in relation to previous quota period:  
(€ 289 470 – € 72 367) = € 217 103 net. 

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