Source: EURLEX
Language: en
Format: md

30 . 12 . 89 Official Journal of the European Communities No L 383 / 125

COUNCIL REGULATION ( EEC ) No 3899 / 89

of 18 December 1989

reducing for 1990 the levies on certain agricultural products originating in developing

countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43
thereof,

Having regard to the Act of Accession of Spain and
Portugal, and in particular Article 234 ( 3 ) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parlia ­
ment 0 ),

Whereas both Poland and Hungary have seen their
economic situation decline to the point where they face
similar problems as those countries to which the gener ­
alized preferences have applied in the past ; whereas
they should therefore benefit from the system of gener ­
alized preferences in order to increase their export
earnings with a view to stimulate their economic
development, to promote their industrialization and to
accelerate their rate of growth ; whereas the benefit
should only be accorded for the duration of their
economic restructuring, estimated at five years, without
prejudice to the annual character of the Community 's
system of generalized preferences ;

Whereas, in view of the situation on agricultural mar ­
kets both inside and outside the Community and tak ­
ing account of the Community 's interest in maintaining
harmonious relations in agricultural trade with devel ­
oping countries, in particular in the context of the sys ­
tem of generalized preferences, adjustments should be
made to certain specific aspects of the common organi ­
zations of the agricultural markets ;

Whereas to this end a preference should be granted
consisting, according to the product concerned, in a
reduction of the import levy within the limits of a fixed

quota ;

Whereas the temporary and non-binding nature of the
system of generalized preferences means that the offer
may be withdrawn wholly or in part at a later stage,
thus maintaining the possibility of remedying any
unfavourable situations which might arise, including in
the African, Caribbean and Pacific States ( ACP States )
following the implementation of the system ;

(') Opinion delivered on 14 December 1989 ( not yet pub ­
lished in the Official Journal ).

Whereas, since 1 March 1986, the Kingdom of Spain
and the Portuguese Republic have been applying the
Community system of generalized preferences ; whereas
the levies applied on the import into those Member

States of products subject to a common organization of
the market shall be established in accordance with cer ­

tain provisions of the Act of Accession ;

Whereas it is expedient that the Community should
authorize the importation of the products referred to in
the Annex, originating in the countries and territories
benefiting from the Community generalized system of
preferences, subject to the levies given in respect of
each of them ; whereas the benefit of such preferential
terms should be reserved for products originating in the
countries and territories under consideration, the con ­
cept of ' originating products ' being adopted in accord ­
ance with Regulation ( EEC ) No 693 / 88 ( 2 );

Whereas the Republic of Korea does not treat the Com ­
munity on an equal footing with other trade partners
and whereas it has taken discriminatory measures in
respect of the Community in the sphere of the protec ­
tion of intellectual property ; whereas therefore it is
inappropriate that the Republic of Korea should bene ­
fit from the system of generalized tariff preferences as
long as this practice continues ;

Whereas all interested Community traders should be
ensured equal and continuous access to the said fixed
amount and the rate of the levy laid down for that final
amount should be applied consistently to all imports of
the products in question into all Member States until
the volumes laid down are exhausted ;

Whereas the procedure for implementing this Regula ­
tion should be adopted in accordance with the proce ­
dure laid down in Article 24 of Council Regulation
( EEC ) No 2759 / 75 of 29 October 1975 on the common
organization of the market in pigmeat ( 3 ) or the corres ­
ponding procedure in other Regulations on the com ­
mon organization of the market for the products con ­
cerned,

HAS ADOPTED THIS REGULATION :

Article 1

1 . Fjom 1 January to 31 December 1990 a reduced
levy shall apply to imports into the Community of the
products listed in the Annex, subject to the conditions
set out therein .

( 2 ) OJ No L 77, 22 . 3 . 1988, p . 1 .
0 OJ No L282, 1 . 11 . 1975, p . 1 .

No L 383 / 126 Official Journal of the European Communities 30 . 12 . 89

With regard to Spain and Portugal, the reduction prov ­
ided for in the preceding subparagraph shall apply to
the import charge applicable under the provisions of
the 1985 Act of Accession .

2 . The arrangements laid down in paragraph 1 shall
apply only to products originating in the countries or
territories listed in Annexes III and V to Council Regu ­
lation ( EEC ) No 3898 / 89 ( ! ).

3 . The preferences granted by this Regulation shall be
suspended, on a temporary basis, for products originat ­
ing in the Republic of Korea .

4 . Preferential entry as provided for in this Regulation
shall be subject to compliance with the rules of the ori ­
gin of products determined by Commission Regulation
( EEC ) No 693 / 88 .

5 . The fixed reduced-levy amounts shall be adminis ­
tered in accordance with the following provisions .

Article 2

1 . The products appearing in the Annex shall be
entered for import into the Community subject to the
reduced levies given in respect of each of them, within
the framework of the fixed reduced-levy amounts, the
volume of which is indicated in column 5 of the said

Annex .

2 . Imports subject to a reduced levy under other
Community preferential arrangements shall not be
charged against the fixed amounts listed in the Annex .

Article 3

1 . Without prejudice to the provisions of Article 1 ( 4 ),
the detailed rules of application of Article 1(1 ) shall be
adopted in accordance with the procedure of Article 24
# of Regulation ( EEC ) No 2759 / 75 or that of corres ­

ponding Articles of the other Regulations on the com ­
mon organization of the market for the products con ­
cerned, in particular those ensuring the administration
of the fixed amounts provided for in the Annex .

2 . To that end a system of import certificates shall be
introduced for the products appearing in the Annex .

Article 4

If the Commission discovers that products covered by
the arrangements laid down in Article 1 are being
imported into the Community at such prices that they
cause or threaten to cause serious injury to Community
producers of like or directly competing products, the
levies applied in the Community may be partly or com ­
pletely re-established for the products concerned with
regard to the countries or territories causing the injury .
Such a measure may also be taken in the case of serious
injury or the threat of serious injury to a specific region
of the Community .

Article 5

1 . In order to apply Article 4, the Commission may
decide, by adopting a Regulation, to re-establish the
normal levy for a given period .

2 . Should a Member State ask the Commission to

take such action, the Commission shall take a decision
within a maximum of 10 working days of receipt of the
request and shall inform the Member States of its deci ­
sion .

3 . Any Member State may refer to the Council the
measure taken by the Commission within 10 working
days following the day on which it was informed there ­
of . Such referral shall not have the effect of suspending
the measure . The Council shall meet forthwith . It may,
acting by a qualified majority, amend or cancel the
measure in question within a period of 30 days from
the date of referral .

Article 6

Articles 4 and 5 shall not prejudice the application of
the safeguard clauses adopted pursuant to Article 43 of
the Treaty within the framework of the common agri ­
cultural policy or pursuant to Article 1 13 of the Treaty
within the framework of the common commercial

policy, or any other safeguard clauses which might pos ­
sibly be applied .

Article 7

This Regulation shall enter into force on 1 January
1990 .

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

Done at Brussels, 18 December 1989 .

For the Council

The President

R. DUMAS

(') See page 90 of this Official Journal .

30 . 12 . 89 Official Journal of the European Communities No L 383 / 127

ANNEX

List of products referred to in Article 1 ( 1 ) ( a )

Order

No

CN Fixed amount
code Description Rate of duty ( in tonnes )

( 1 ) ( 2 ) ( 3 ) ( 4 ) ( 5 )

50 % ( AGR )

50 % ( AGR )

4 000

3 000

51.0010

51.0020

0203 29 13

ex 0203 29 55

0207 10 59

0207 2J19

51.0030 0207 10 79

0207 23 59

0207 39 53

0207 43 1 1

0207 39 61

0207 43 23

ex 0207 39 65

ex 0207 43 31

ex 0207 39 67

ex 0207 43 41

0207 39 71

0207 43 51       

0207 39 75

0207 43 61

ex 0207 39 81

ex 0207 43 71

51.0040

0210 11 11

0210 12 11

0210 19 40

Loins and cuts thereof, of domestic swine, with
bone in, frozen

Loins, of domestic swine, boneless, frozen

Ducks, plucked and drawn, without heads and feet
and without hearts, livers and gizzards, known as
' 63 % ducks ', or otherwise presented, fresh, chilled
or frozen

Geese, plucked and drawn, without heads and feet,
with or without hearts and gizzards, known as ' 75 %
geese ', or otherwise presented, fresh, chilled or
frozen

Cuts of geese, boneless, fresh, chilled or frozen

Halves, or quarters, of geese, fresh, chilled or frozen

Whole wings, with or without tips, of geese, fresh,
chilled or frozen

Backs, necks, backs with necks attached, rumps and
wing tips, of geese, fresh, chilled or frozen

Breasts and cuts thereof, of geese, fresh, chilled or
frozen

Legs and cuts thereof, of geese, fresh, chilled or
frozen

Goose paletots, fresh, chilled or frozen

Meat of domestic swine, salted or in brine :
— Hams and cuts thereof

— Bellies ( streaky ) and cuts thereof
— Loins and cuts thereof

50 % ( AGR ) 25000

50 % ( AGR ) 2 000

51.0050 1108 13 00 Potato starch 50 % ( AGR ) 5 000

51.0060 1601 00 91 Sausages and similar products, other than of liver,
dry or for spreading, uncooked

50% ( AGR ) 4 000

51.0070 1601 00 99 Other sausages, not of liver 50 % ( AGR ) 1 500

51.0080 1602 49 15

1602 49 19

Other prepared or preserved meat, of domestic
swine

50 % ( AGR ) 6 800

( a ) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as - .

having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes .
Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken
together .