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: 2012-04-13
Institutions: European Commission
Subjects: agricultural product, import (EU), industrial product, tariff exemption, tariff quota

EUROPEAN COMMISSION 

Brussels, 13.4.2012  
COM(2012) 161 final 

2012/0086 (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  (ETQG) 
showed that the Member States were ready to open two new quotas, to increase the volumes 
for  three  existing  quotas  and  to  amend  the  product  description  for  the  quota  with  order  No 
09.2633, without disturbing the markets for such products. It was also necessary to close the 
tariff quota for order No 09.2767 since an autonomous tariff suspension will be opend as of 1 
July 2012 for the product concerned. 

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 candidates). 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The ETQG 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 98/C 128/02 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 € - 1 254 825. 

5. 

OPTIONAL ELEMENTS  

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

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2012/0086 (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.  For  the  same  reasons  it  is  necessary  to  open,  with  effect 
from  1  July  2012,  for  two  products  a  new  tariff  quota  at  a  zero  duty  rate  for  an 
appropriate volume. 

The quota volumes, previously established, for autonomous tariff quotas of the Union 
with order numbers 09.2638, 09.2814 and 09.2889 are insufficient to meet the needs 
of the Union industry. Consequently, those quota volumes should be increased from 1 
January 2012. 

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

09.2633 the product description should be adapted. 

(4) 

In addition, for the quota with order number 09.2767, it is no longer in the interest of 
the Union to continue to grant a tariff quota for the second semester 2012. It should 
therefore be closed with effect from 1 July 2012 and the corresponding row should be 
deleted from the Annex to Regulation (EU) No 7/2010. 

(5) 

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

(6) 

Since some of the measures provided for in this Regulation have to take effect from 1 
January 2012 and others from 1 July 2012, 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 

the  rows  with  order  numbers  09.2644  and  09.2645  set  out  in  Annex  I  to  this 

(1) 
Regulation are inserted; 

the  rows  for  the  tariff  quotas  with  order  numbers  09.2638,  09.2814  and  09.2889  are 

(2) 
replaced by the rows set out in Annex II to this Regulation, 

the row for the tariff quota with order number 09.2633 is replaced by the row set out 

(3) 
in Annex I to this Regulation. 

(4) 

the row for the tariff quota with order number 09.2767 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 2012. 

However, Article 1(2) shall apply from 1 January 2012. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 13.4.2012 

For the Council 
The President 

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Tariff quotas referred to in Article 1(1) and 1 (3) 

ANNEX I 

Order 
number 

CN code 

TARIC 

Description 

Quota period 

Quota 
volume 

09.2644  ex 3824 9

96 

Preparation containing by weight: 

0 97 

1.7.-
31.12. 

7 500 
tonnes 

Quota 
duty 
(%) 

0 % 

55 %  or  more  but  not  more 

— 
than 78 % of dimethyl gluterate  

10 %  or  more  more  but  not 
— 
more  than  28 %  of  dimethyl  adipate 
and  

not  more 
— 
dimethyl succinate  

than  25 %  of 

of 

block 
regenerated 
Cellular 
cellulose, 
impregnated  with  water 
containing  magnesium  chloride  and 
quaternary  ammonium  compounds, 
measuring 
100 cm (± 10 cm) x 100 cm (± 10 cm) 
x 40 cm (± 5 cm) 

1.7.-
31.12. 

650 
tonnes 

0 % 

09.2645  ex 3921 1

20 

4 00 

09.2633  ex 8504 4

20 

0 82 

Electric  rectifier,  with  a  capacity  of 
not  more  than 1 kVA,  for  use  in  the 
manufacture of hair removal apparatus 
(1) 

1.1.-
31.12. 

0 % 

4 500 0
00 
units 

(1) 

Entry under this subheading is subject to Articles 291 to 300 of Commission Regulation (EEC) No. 2454/93 - OJ L 253 11.10.1993 p. 
1. 

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Tariff quotas referred to in Article 1(2) 

ANNEX II 

Order 
number 

CN code 

TARIC 

Description 

Quota 
period 

Quota 
volume 

09.2638  ex 2915 2

10 

1 00 

Acetic acid of a purity by weight of 99 % 
or more (CAS RN 64-19-7) 

1.1.-
31.12. 

1  000 
000 
tonnes 

Quota 
duty 
(%) 

0 % 

09.2889  3805 10 9
0 

Sulphate turpentine 

1.1.-
31.12. 

25  000 
tonnes 

0 % 

09.2814  ex 3815 9

76 

0 90 

Catalyst  consisting  of  titanium  dioxide 
and tungsten trioxide 

1.1.-
31.12. 

3  000 
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 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 2012: € 19 171 200 000 

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 

12 month period, 
starting 01/01/2012

6 month period, 
starting 01/07/2012

Article 120 

Impact on own resources 

- 0.7 

- 0.6 

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. 7.2012: 

Tariff quotas referred to in Article 1(1) and 1 (3) 

Description of 
product 

Quota amount 
(tonnes) 

Estimated 
price (€ per 
tonne) 

Duty (%) 

Quota duty 

(2012 CCT) 

(%) 

Expected loss of revenue 
(in €)  

Preparation 

09.2644 

Cellulose block 

09.2645 

+ 7 500 tonnes 

(initial 
amount: 

0 tonnes) 

+ 650 tonnes 

(initial 
amount: 

0 tonnes) 

1 235 

6.5 

4 230 

6.5 

0 

0 

602 063 

178 718 

Total loss of revenue:  
(€ 780 781 – € 195 195) = € 585 586 net.

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ANNEX II 

Effective from 1. 1.2012: 

Tariff quotas referred to in Article 1 (2) 

Description of 
product 

Variation in 
quota amount 
(tonnes) 

Estimated 
price (€ per 
tonne) 

Duty (%) 

Quota duty 

(2012 CCT) 

(%) 

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

Acetic acid 

09.2638 

Turpentine 

09.2889 

Catalyst 

09.2814 

+ 500 000 
tonnes 

(initial 
amount: 

500 000 
tonnes) 

 + 5 000 
tonnes 

(initial 
amount: 

20 000 tonnes) 

+ 800 tonnes 

(initial 
amount: 

3 000 tonnes) 

20 

5.5 

0 

550 000  

677 

3.2 

0 

108 320 

4 500 

6.5 

0 

234 000 

Total 
(€ 892 320 – € 223 080) = € 669 240 net. 

revenue 

loss 

of 

in 

relation 

to 

previous 

quota 

period:  

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