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: 2013-04-23
Institutions: European Commission
Subjects: agricultural product, import (EU), industrial product, tariff exemption, tariff quota

EUROPEAN 
COMMISSION 

Brussels, 23.4.2013  
COM(2013) 227 final 

2013/0118 (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 

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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  open  quotas  for  the  products  listed  in  Annex  I  to  this 
proposal for a Regulation, without disturbing the markets for such products.  

Furthermore, it became necessary to adapt the quotas listed in Annex II to this proposal: for 
order  no  09.2620  and  09.2633  the  description  had  to  be  changed  and  for  order  no  09.2629 
another TARIC code had to be added. Moreover, in the interrests of transperency the end-date 
of  the  quotas  with  order  no  09.2632  and  09.2917  have  been  integrated  in  Annex  II  of  this 
proposal  for  a  regulation  in  order  to  anounce  the  date  on  which  these  quotas  will  be 
discontinued. 

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  countries  and  potential 
candidates). 

2. 

RESULTS  OF  CONSULTATIONS  OF  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 

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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  subsidiary  principle 
therefore does not apply. 

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  2011 
concerning autonomous tariff suspensions and quotas (C 363, 13.12.2011, p.6). 

4. 

BUDGETARY IMPLICATION 

Uncollected customs duties of a total amount of approximately 8,8 Mio €/year. The effect on 
the traditional own resources of the budget is -6,6 Mio €/year  (75% x 8,8 Mio €/year).  

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2013/0118 (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) 

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.  Products  within  those  tariff  quotas  can  be 
imported at reduced or zero duty rates. For the same reasons it is necessary to open, 
with  effect  from  1  July  2013,  new  tariff  quotas  at  reduced  or  zero  duty  rates  for  an 
appropriate  volume  for  the  nine  products  with  order  numbers  09.2644  and  09.2663 
until 09.2671. 

(2)  Moreover, for the autonomous tariff quotas of the Union with order numbers 09.2620 
and 09.2633 the product description should be adapted and for order number 09.2629 
another TARIC code should be added. 

(3) 

For  the  autonomous  tariff  quotas  of  the  Union  with  the  order  numbers  09.2917  and 
09.2632 an end date of 31.12.2013 should be inserted, as it is not in the interest of the 
Union to continue granting such quotas beyond this date. 

(4) 

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

(5) 

Since  the  tariff  quotas  have  to  take  effect  from  1  July  2013,  this  Regulation  should 
apply from the same date and enter into force immediately, 

HAS ADOPTED THIS REGULATION: 

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

Article 1 

1 

OJ L 3, 7.1.2010, p.1.  

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the rows with order numbers 09.2644 and 09.2663 until 09.2671 set out in Annex I to 

(1) 
this Regulation are inserted; 

the rows for the tariff quotas with order numbers 09.2620, 09.2629, 09.2632, 09.2633 

(2) 
and 09.2917 are replaced by the rows set out in Annex II to this Regulation. 

Article 2 

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

It shall apply from 1 July 2013. 

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 I 

Tariff quotas referred to in Article 1(1) 

Order 
number 

CN code 

TARIC 

Description 

09.2663 

ex 1104 29 17 

10 

Milled sorghum grains that have been at least hulled and de-
germed for use in the manufacture of loose fill packaging 
products (1) 

Quota 
period 

Quota 
volume 

Quota 
duty 
(%) 

1.7-31.12 

750 tonnes 

0 % 

09.2664 

ex 2008 60 19 

30 

ex 2008 60 39 

30 

Sweet cherries containing added spirit, whether or not with 
a sugar content of 9 % by weight, of a diameter of not more 
than 19,9 mm, with stone, for use in chocolate products (1) 

1.7-31.12 

500 tonnes 

10 
% (2) 

09.2665 

ex 2916 19 95 

30 

Potassium (E,E)-hexa-2,4-dienoate (CAS RN 24634-61-5) 

1.7-31.12 

4 000 
tonnes 

0 % 

09.2666 

ex 3204 17 00 

55 

Dye C.I. Pigment Red 169 (CAS RN 12237-63-7) 

1.7-31.12 

20 tonnes 

0 % 

09.2644 

ex 3824 90 97 

96 

09.2671 

ex 3905 99 90 

81 

Preparation containing by weight: 
—  55 % or more but not more than 78 % of dimethyl glutarate 
—  10 % or more but not more than 28 % of dimethyl adipate and 
—  not more than 25 % of dimethyl succinate 
Poly(butyral of vinyl) (CAS RN 63148-65-2): 

1.7-31.12 

1.7-31.12 

— containing hydroxyl groups of 17,5 - 20 mol %, and 
— with  a  median  particle  size  (D50) greater  than 

0,6 mm 

3 000 
tonnes 

5 500 
tonnes 

0 % 

0 % 

09.2667 

ex 8537 10 99 

51 

Electromechanical switch board: 

—  with a 5-way switch, 
—  with an electric conductor, 
—  with an integrated circuit, 
—  with or without an infra-red receiver

for use in the manufacture of products falling within 
headings 8521 and 8528 (1) 

1.7-31.12 

3 000 000 
units 

0 % 

09.2668 

ex 8714 91 10 

21 

ex 8714 91 10 

31 

Bicycle frame, constructed from carbon fibres and artificial 
resin, painted, lacquered and/or polished, for use in the 
manufacture of bicycles (1) 

1.7-31.12 

38 000 
units 

0 % 

09.2669 

ex 8714 91 30 

21 

ex 8714 91 30 

31 

Bicycle front fork, constructed from carbon fibres and 
artificial resin, painted, lacquered and/or polished, for use in 
the manufacture of bicycles (1) 

1.7-31.12 

26 000 
units 

0 % 

09.2670 

ex 9405 40 39 

30 

Electric light assembly containing: 

—  printed circuit boards and 
—  Light Emitting Diodes (LED)

for the manufacture of backlight units for flat TV sets (1) 

1.7-31.12 

8 500 000 
pieces 

0 % 

 (1) 

(2) 

Suspension of duties is subject to Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253 11.10.1993, p. 1). 

The specific duty shall apply. 

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ANNEX II 

Tariff quotas referred to in Article 1(2) 

Order 
number 

CN code 

TARIC 

Description 

09.2632 

ex 2921 22 00 

10 

Hexamethylenediamine (CAS RN 124-09-4) 

09.2917 

ex 2930 90 13 

90 

Cystine (CAS RN 56-89-3) 

Quota 
period 

Quota 
volume 

1.1-
31.12.2013 

40 000 
tonnes 

Quota 
duty 
(%) 

0 % 

1.1-
31.12.2013 

1.1-31.12 

600 tonnes 

0 % 

800 000 
units 

0 % 

09.2629 

ex 7616 99 90 

ex 8302 49 00 

09.2633 

ex 8504 40 82 

85 

91 

20 

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

Electric rectifier, with a capacity of not more than 1 kVA, 
for use in the manufacture of appliances falling within 
headings 8509 80 and 8510 (1) 

1.1-31.12 

4 500 000 
units 

0 % 

09.2620 

ex 8526 91 20 

20 

Assembly for GPS system having a position determination 
function, without display, and a weight of not more than 
2 500 g 

1.1-31.12 

3 000 000 
units 

0 % 

 (1) 

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

1. 

NAME OF THE PROPOSAL: 

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 

2. 

BUDGET LINES 

Chapter and Article: Chapter 12, Article 120 

Amount budgeted for the year 2013: € 18 631 800 000 (DB 2013)  

3. 

(cid:133) 

FINANCIAL IMPACT 

Proposal has no financial implications 

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

X 
The effect is as follows: 

Budget 
line 

Revenue2 

(€ million to one decimal place)  

6 month period, 
starting 
dd/mm/aaaa 

[Year: 2/2013] 

Article 120 

Impact on own resources 

01/07/2013 

-3,3 

(€ million to one decimal place)  

Situation following action 

[2014 – 2017] 

- 6,6 / year 

Article 120 

The total amount of uncollected duties in 2012 due to the running autonomous tariff quota of 
Regulation (EU) No 7/2010 amounted to € 54,9 MEUR.  

The  additions  of  this  Regulation  will  result  in  an  annual  increase  of  uncollected  duties 
estimated to the amount of 8,8 MEUR.  

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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On  the  basis  of  the  above,  the  impact  on  the  loss  of  revenue  resulting  from  this  Regulation 
may be estimated at 6,6 MEUR/year for the period 01.01.2014 - 31.12.2017 (8,8 MEUR gross 
amount x 0,75) and 3,3 MEUR for the period 01.07.2013 - 31.12.2013  

4. 

ANTI-FRAUD MEASURES 

Checks  on  the  end-use  of  some  of  the  products  covered  by  this  Council  Regulation  will  be 
carried 
of  Commission 
Regulation (EEC) No 2454/93.  

accordance  with  Articles 

300 

291 

out 

in 

to 

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