CELEX: 51975PC0153
Language: en
Date: 1975-04-10
Title: Proposal for a COUNCIL REGULATION (EEC) temporarily suspending the autonomous duties in the Common Customs Tariff on a number of agricultural products (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 153
Vol. 1975/0062
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 ---pagebreak--- COMMISSION OF THE EUS.OEBAN COMMOMX
                                                         COM(75)153 final
                                                      Brussels . 10 April 1975
                               Proposal for a
                           COUNCIL REGULATION ( ESC )
                    temporarily suspending the autonomous
                    duties in the Common Customs Tariff on
                    a number of agricultural products
                    ( submitted by the Commission to the Council )
   COM ( 75 ) 153 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM                                                j
                                          A.                                                       ;j
     At its meetings on 28 January, "24/25/ 26. February an4:13/ L4'-Mapoii' 1^T5 the Joixvb Group j
of government experts which meets under the aegis of the Commission to                                i
     study economic problems relating to the Common Customs Tariff examined :                      \
     - the advisability of extending , for certain agricultural products ,
         the suspensions of duties which are due to empire on 30 June 1975 »                       !
         and ......                                                                                !
     - new applications submitted by certain Member States for the suspension
    • . of common customs duties on agricultural products from 1 July 1975 *
     - The applications submitted concerned products in respect of which the
         Member States concerned considered that a provisional reduction of
         autonomous duties in the Common Customs Tariff was justified for
...      economic reasons , owing  to the non-existence of inadequacy of
                                   .                     , •    "
       k production in the Community .
                                          B.
    Following the requests from Member States and after examining them ,
    the Commission has taken into account the particular economic situations
     concerning the products in crue st ion .
     1)    Fish                                   1                                                [|
                                                                                                       I
           The Community 's processing industry for fish is not adequately                          >1
           supplied by Community fishermen. Community catches are becoming                             !
           increasingly smaller , so that some Member States have become
           dependent on large quantities of imports from third countries .
           Nevertheless , the duties applicable to these fish ( basic materials
           for preservation in particular ) reduce the competitiveness of the
           industries concerned .
           Suspensions of duties are intended to enable the processing industry
           to compete with suppliers of finished products from third countries
           whose prices are more competitive .  In addition , , suspensions of
           duties could check the consta-nt increase in the prices of processed
         - fish . W. .                                            ,
 ---pagebreak---                                       -2-
The following table , based on the available statistical data , could
serve to illustrate the economic situation in this sector in the Member
States submitting applications for suspensions of duties .
           Federal Republic of Germany ( 1973)
Description of               Heeds          Supplies   Imports         from
       products             ( in metric   ( in metric from, the        third
                              tonnes)       tonnes )   Community       countries
                                                      .( in metric   ( in metric
                                                      tonne® V         tonnes )
                                                      t       ■ '
            1                    2            3            4             5
Mackerel ^ fresh ,
chilled or frozen                χ            χ         4,419          2,903
Sc ltnon , fresh ,
chilled or frozen
Salted Salmon                •2,200             99         630         1,471
Piked dog-f isn , fresh ,
chilled or frozen             2,895             228        589         2,078
Black halibut , fresh ,
chilled or frozen             6,553 ,        1,524         817         4,212
Coalfish , salted or
in brine                      1» 785               0       182         1,603
Fillets of .Salthe ,
salted or in brine            1*850                O           0       1-850
Sprats , salted or
 in brine                        χ            χ              28          321
Anchovies , salted
or in brine                      χ            X              28          321
So lubie products
 of fish                         χ            X       24*653         19*670
                                                                   • • •/ •
x figures not available
 ---pagebreak---                                               -3-
                Fronce ( 1973 )
   Description of                   Heeds           Supplies    Jmports                from
            product s              ( in metric    ( in metric  (from tpe-              third
r.
                                     tonnes )       tonnes)    cgofnmuirii;t^_         countries
                                                              ■ \ in metric ( in metric
                                                               r;; tonnes j'..i        tonnes)
                  1                       2           3             Â              _ 5
   Anchovies                       7,584                5. ,          136              7,443
   Crawfish, frozen
   and chilled                        794                               I"      ■        793
                Bénélux ( 1973 )
   Hackerei , frech .
   chilled or frozen              14,242            8,835         4,482                  925
   Crabs                              χ               χ                221             1,338
   Shrimps                         4.610              779         2,475                1,356
                Denmark ( 1973 )
   Pish Eos . fresh .
   chilled or frozen               2,138            1*594 ,           127              2»417
   Pish Rose , salted
   or m brine                      5,71.1               0               0.1              571
   As this situation is not expected to change in the near future , duties
   must be suspended for one year , i.e. from 1 July 1975 to 30 June 1976 *
   As mackerel are exempt from the Common Customs Tariff from 15 February
   to 15 June , and suspended until 30 June 1975 , it is proposed , that 'the
   duty on these fish should be suspended for . the . period 1. July- 19751
   t;0 / _14 : February 1976 .... , „
   x Figures are net available .                                          * « •/ • • •
 ---pagebreak---                                        -4-
  In the case of sardines ( Clupea pilchardus l/albaum) , suspension of
  duty has been requested on seasonal grounds for the period 1 September
  1975' "to - 31 March 1976 , ~           -          ....
  In the case of most fishery products the current suspension of duties
  which is due to expire on 30 June 1974 is to te prolonged .       In the
  case of fillets of saitha and salmon , canned , a new tariff measure is
  to be introduced *.
  2)     Oysters weighing no more than 12 g each : oysters of the " Cassostrea
         gigas " variety weighing more than 100 g each
.. ... As a, result of pollution along .the Atlantic coast in particular ,
         a very high mortality rate has been recorded in the oyster farms .
         As it takes several years to reconstitute the farms and due to
   ..... increased consumption , it is impossible at present to obtain
         sufficient mother oysters and spat with a sufficiently high resis­
         tance and a fast rate of growth' on the Community market j these
         products must therefore be imported from third countries , in
         particular Japan .
         Hot only must oyster farms be reconstituted but they must also
         continue to grow , in view of the constantly increasing demand for
         adult oysters .                '                 "
         In order to meet her needs in 1973 1 France imported 250 metric
         tonnes of oyster spat weighing not more than 12 g each from the
         Community as originally constituted as well as dO metric tonnes
         from the new Member States and had to import 2,337 metric tonnes
         from third countries .    During the same period , she imported 170
         metric tonnes of oysters of the Cassostrea gigas variety from
         third countries ( Canada).. In view of the situation it would seem
         necessary :. to prolong the current total suspension of duties until
         30 June 1976 .
 ---pagebreak---                                          -5-
3)     Chant are lies , "bilberries and rose-hips and Cranberries
       The needs of the Community processing industry for these products
      must be covered by imports from third countries .          For example ,
      the statistical data ( 1974 , in metric tonnes ) for the Federal
      Republic of Germany are as folloxirs :
Description of                Koeds               from the          from third
         product s           ( in metric          Community         countries
                               tonnes )        ( in metric          ( in metric
                                                  tonnes )          tonnes )
Chant are lies
in brine « -                     950                 0                  950
Rose hips                        163                 0                  158
Eilberries
fl*0 53i'-n                      407                 0                  407
Crtxb-.rries
froaen                         4.300                 0                4.300
    • Customs protection does not seem necessciry for economic reason s
      because the high wages for picking the products make domestic
      production impossible .        Suspension . of duties will enable the
      Community 1 s . processing industry to compete with offers of finished
      products from third countries whose prices are more favourable#
       It would therefore! seem . adequate        to prolong the current suspension
       of duties ( chantarellcs : 4$ » rnd rose-hips : Of.) until 30 June
       1976 , and to suspend , i'for the first time , common customs tariff
       duties on .
4) " Dried White Beans .
       The needs of the Community for these products cannot be covered
       by the Community harvest .       For this reason , the United Kingdom
      will - have to meet its needs for these vegetables which amount to
 ---pagebreak---                                      - 6–
     82,000 tonnes for the year 1974 by imports from third, countries ,
     White dried beans were subject to serious price increases "in 1974
   : and. because of the inadequacy of the harvest , these prices continue
     to rise in 1975 *  The suspension of the duty would allow the proces­
     sing industry of this vegetable to keep the eventual price rises
     down to the minimum , in line with the desire to control inflation .
     In these circumstances , it would seem appropriate for the Commission
     to act upon the United Kingdom request for total suspension- of the
     duty for 12 months ^                        ...   t            -   r•
5;   Dates
     French packers found it difficult to obtain supplies particularly
     from Algeria and Tunisia .   Since these countries reserve their
     production for local packers , these products must be imported
     from other third countries , whence , for example , 5 * 321 metric tonnes
     were imported in 1973#
     As a result of these supplies the packing industry . has been able
     to survive and ensure a satisfactory level of employment ■ with
     jobs for approximately 3,000 workers in a region - the South -
     where employment opportunities are very limited .    As the situation
     is not changing, the' Commission considers it necessary to prolong
     until 30 June 1976 the total suspension of duties .      It seems
     appropriate to the Commission to extend , following the request
     of the German Federal Republic , "this suspension of customs duties
     to frozen dates , for which a need to import by that Member State
     from third countries some 5*400 tonnes per year .
     The Community processing industry has to supply itself with fresh
     or dried dates for the production of sauces , pickles and various
     types   of bakery products , by imports from third oountries.          For
     the British industry alone , 10,000 tonnes of this product are
                                                                • • •/ •• •
 ---pagebreak---                                      -7-
imported annually from Iran and Iraq .     One of the Member States is
concerned that these dates may , regret ably , be used for wine production ,
this can be avoided by a special destination clause and a strict control
of destination by national Administrations .      In the interests of the
competitiveness of Community industry mentioned above , it seems to be
now    opportune to continue the total suspension current ly in force , for
this product for a period of one year .
6)  Saffron
    There is only minimal production of this product within the Community ,
    but there is nevertheless a processing industry , particularly in
    Prance , which needs 5»3 metric tonnes a year . • Given that during
    the past new years the price of imported saffron has risen consider­
    ably , there is a danger of an increasingly more marked disaffection
    for saffron becoming noticeable and consequently the activity of the
    processing industry ceasing . ' It would therefore seem' desirable to
    prolong until 30 June 1976 the suspension of duty at the present
    level of 10k, for this product .
7)  Ground paprika
    This product is mixed with feeding stuffs for laying hens and is not
    a substitute for any other agricultural product used for the same
    purpose .   Community needs with regard to this product must be covered
    entirely by imports from third countries .      For example , the Federal
    Republic of Germany had to import 5»590 metric tonnes of paprika
    from third countries in 1974 *    In "the interests of the competitiveness
    of the Community 's production of animal feedingr stuff s , the current
    total suspension of duties must be prolonged until 30 June 1976 .
8) Bitter or Seville oranges                .>        :
     *
    The Community 's processing industry has an urgent need for this
    basic product , the productifim.i of which is fairly limited .        Italy
    is unable to supply this industry sufficiently so that the latter
    is dependant on imports from Spain .      For example : the needs of
                                                                        /
                                                                  » • •/ •••
 ---pagebreak---                                       -8-
     the industry m question in the Benelux countries in 1973 , 900
     metric tonnes , could be covered only partially by supplies from
     the Community ( 200 metric tonnes) . This industry had to import
     678 metric , tonnes from third countries , hence the proposal to
     prolong until 30 June 1976 the suspension of duties at the present
   • level of 4fc ,
                                     »• • •        "
9)   Christmas trees
     The needs of the Federal Republic of Germany for cut Christmas
     trees cannot be met in sufficient quantities from internal sources
     ( 14 million firs ).   It is therefore necessary to import an additional
     2 million firs , mainly from Denmark ,      <
     Given that .the duty rates for the Community as originally constituted
     with regard to Denmark have only been reduced by 40% up to now , the
     customs receipts from imports of. firs from Denmark still amount
     to. 6% of their value .   Since the deliveries from Denmark cannot be
     compensated for by the other Member States , the duties are causing
     a rise in the prices on the German market •     The temporary suspension
     of the duties of the Common Customs Tariff may be considered as an
     efficiqnt method of avoiding an eventual rise in the prices of
     Christmas trees *
Taking into account the suspension of the duties of the Common Customs
Tariff for the products concerned , the new Member . States shcrixld suspend
their tariffs . for , the period envisaged in conformity with Article 39
paragraph 2 of the Act concerning the conditions of Accession .
                                         C.
The group also examined the possibility of suspending common customs
duties on the following products :                        ' .   '  .
 ---pagebreak---                                   -9-
ex chapter 15       Inedible beef dripping , otherwise known, as
                    " inedible tallow" with a cholesterol content
                    exceeding 0.2^, being a fat for technical purpose
                    other than for the preparation of products for
                    human consumption .
ex 16.05 B          Shrimps and prawns of the "Pandalus Borealis "
                    variety , boiled in water and shelled , whether or
                    not frozen , intended for industrial manufacture of
                    products- falling within heading No . 16.05 .
In this respect the Commission does not agree to proposing a suspension
of duties for these products at this stage for the following reasons :
1)  Inedible beef dripping
    The national experts of the Member States and the Commission
    are currently examining the question of whether this product
    should be classified under tariff heading 15.02 ( exempt ) or
    ex 15.06 ( 2.5$)• Until this point has been settled finally ,
    a decision on suspension of customs duties cannot be talcen.
2)  Shrimps and prawns of the "Pandalus Borealis " variety
    In view of the current difficult situation of shrimp fishers in
    certain Member States , the Commission ds not in a position to
    propose tariff measures , ( neither suspension of duties , nor
    Community tariff Customs ).
                                   D.
C0TCLUSICTT
The Commission , pursuant to Article 43 of the Treaty propose to the
Council taking measures for suspension of common customs tariff duties--_
                                                             • • • • •
 ---pagebreak---                                    -10-
  on products appearing in the Annex to this regulation .   For most of
  these products the government experts of the Member States have already
  shown unanimous agreement in their preparatory work in the "Economy
- Tariff Problems " Group * For the rest , the mechanism of Article 43
  makes it possible to adopting the repaired measurss by a qualifisJ.
  majority .
 ---pagebreak---                                 -1-
                          Proposal for a
                     COUNCIL REGULATION (EEC )
          temporarily suspending the autonomous duties in the
          Common Customs Tariff on a number of agricultural
          products
THE\ COUNCIL OP THE EURQPEAH COMMUNITIES ,*
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament 5
Whereas production in the Community of the products specified in
this regulation is currently inadequate or non-existent and whereas
producers thus 'cannot meet the needs of user industries in the
Community }
Whereas it is in the interest of -the Community in certain cases
partially to suspend the autonomous duties in the Common Customs
Tariff because these goods are produced in the Community , and in other
cases to effect total suspensions ;
Khereas in view of the difficulty of assessing accurately short-term
trends in the economic situation in the relevant sectors , suspension
measures should be taken only for temporary periods the length of
which is to be determined by reference to the interests of Community
production ;
HAD ADOPTED THIS REGULATION :
                                                              • • •/ • • •
 ---pagebreak---                                 -2-
                            Article 1
The autonomous duties in the Common Customs Tariff for the products
listed in the tables annexed to this Regulation shall be suspended
at the level indicated in respect of each of them .
These suspensions shall be applicable :
- from 1 July 1975 "to 14 February 1976 for the product listed in
  Table I ;
- from 1 July 1975 "to 30 June 1976 for the products listed in
  Table II ;
- from 1 September 1975 "t° 31 March 1976 for the product listed in
  Table III ;
- from 15 October to 31 December 1975 for the product listed in
  Table IV .
                            Article 2
This Regulation shall enter into force on the third day following
its publication in the- Official Journal of the European Communities ..
This Regulation shall be binding in its entirety and directly
applicable in all Member States .   . .
                                            For the Council ,
Done at Brussels
                                            The President ,
 ---pagebreak---                               ΔΜΕΧ
                             TABL3 1
CCT heading No .     Description of goods                Autonomous
                                                         CCT duties
       1                          2                           . 3
ex 03.01 B I m) 2    Mackerel , fresh , chilled  or fro­   •\*
                     zen , whole , headless , or m
                     pieces , intended for the   pro-
                     cessing industry , ( a)                    12%
 a' The application of this suspension will be
    subject to the conditions determined by the
    competent authorities .
 ---pagebreak---                                 TABLE II
03.01 Alb )        Salmon , fresh ( live or dead), chilled         Ofc
                   or frozen..
ex 03.01 B I e ) Piked dog-fish ( Squalus acanthias ) ,            Cffo
                   fresh , chilled or frozen , whole
                   headless or in pieces
ex 03.01 B I g) Black halibut (Hippoglossus reinhard-               Off
                 , tius ) , fresh , chilled or frozen ,
                   whole , headless or in pieces .
  4
ex 03.01 B I q)    Sardinops saga:: sardinops ocellata
                   ( pilchards ), fresh , chilled or
                   frozen , whole , headless or in pieces ,
                   intended for the processing industry
                   ( a)
ex 03.01 B I q) Sturgeons , fresh , chilled or frozen,              8$
                   whole , headless or in pieces ,
                   intended for the processing industry ( a)
ex 03.01 C         Roes , fresh , chilled or frozen                 0?o
ex 03.02 Ale) Anchovies (Engraulis sp.p. ) salted                   0ft
                   or in brine , whole , headless or in
                   pieces , in barrels or other con­
                   tainers of a net capacity of 10 kg ; •               '
                   or more                              .   .
03.02 Ale )        Salmon , salted or in- brine , whole ,     - - 4$
                   headless or in pieces
ex 03.02 A I f )   Sprats , salted or in brine , whole ,
                   headless or in pieces                          C$
                                                            • • •/« • «
( a) The application of this suspension vrill be
     subject to the conditions determined by the
     competent authorities .
 ---pagebreak---                                    -3-
ex 03 . C2 A I f )   Saithe ( Gadus virens ) , salted or in "brine ,
                     whole , headless or in pieces . '                   1%
ex 03.02 A II d)     Fillets of Saithe ( Gadus virens ), salted
                     or in brine , \fhole , headless or in pieces        75°
ex 03.02 C           Fish roe ,. salted or in brine                      Cffo
ex 03.03 A I         Tails of crawfish , chilled or frozen ,            10$
                     shelled or not
ex 03.03 Bib)        Oysters , fresh ( living), weighing no more         Cffo
                     than 12 g each
ex 03.03 3 I b)      Oysters , fresh ( living), of the . "Crassos-       Cffo
                     trea gigas " variety . weighing more than
                     100 g each
ex 07.03 E           Chantarelles provisionally preserved in             4$
                     brine , in sulphur water .. or in other
                     preservative • solutions , but not specially
                     prepared for immediate consumption
ex O7.O5 B I         Beans dried , white of the species Phaseo-          Cff
                     lus vulgaris
ex 08,01 A           Bates , fresh or dried , for repacking ,.
                     for retail sale ( a) '              .             . C$
ex 08.01 A           Dates , fresh or dried , intended for pro-      - . Ofo
                     cessing other than for the production
                     of alcohol ( a)
ex 08.01 F           Shelled cashew nuts                                 Cff
ex 08.02 A II        Bitter or Seville oranges , fresh or                8$
                     dried
ex 08.09             Rose-hips , fresh                                   0%
ex 08.10 A           Bilberries , cooked or uncooked , pre­
                     served by freezing, without added sugar             4$
ex 08.10 B           Cranberries , cooked or uncooked , preserved        Cffo
                     by freezing , without added sugar
v ' The application of this suspension will be
    subject to the conditions determined by the
    competent authorities
 ---pagebreak---                                        -4-
ex 08,10 B           Dates , frozen in immediate packings of a net
- ..                 capacity of 5 kg or more , not intended, for
                     the production of alcohol "(a)'        '      " " '           ■
ex 09.04 B I         Paprika, ground , for use in animal feeding-             Cffo
                     stuffs ( a)
09.10 CI             Saffron,' neither crushed or ground                    ICffo
ex 16.04 B           Salmon, canned, of a net weight of 1.8 kg                5$
                     or more , intended for the processing industry
                     ( a)
ex 16.04 C II        Spiced and salted herrings , packed in barrels           3$>
                     for the processing industry ( a)
ex 16.05 A           Crabs of the "King", "Eanasaki ", "Kegani " and          Cfi
                     "Queen" varieties , simply boiled in water and
                     shelled , whether or not frozen , in packings
                     of a net capacity of 2 kg or more , intended
                     for the processing industry ( a)
ex 16.05 B           Shrimps and ■ nrs.wns other than those of the          lOfo
                   . "Cranffon" and " Panotitis / cm- 3. is* varieties boilee! in water
                     and shelled, whether or rur*              iwtanilod for the
                     industrial manufacturers of products falling
                     within heading No . 16. 05 ( a)
23.07 A              Fish or marine mammal solubles                            2$
( a) The application of this suspension will be
     subject to the conditions determined by the
     competent authorities
 ---pagebreak---                               TABLE III
ex 03.01 Bld.) Sardines ( Clupea pilchardus 'Jalbaum ) ,      Cffc
               fresh , .chilled, or frozen , whole , -of ar •
               length of 20 cm or more
 ---pagebreak---              Natural
ex 06,04 B I
             and "branches of coneieruu
             ornamental purposes ■