CELEX: 51974PC0567
Language: en
Date: 1974-04-26
Title: Proposal for a COUNCIL REGULATION (EEC) temporarily suspending the autonomous duties in the Common Customs Tariff on a number of agricultural products (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 567
Vol. 1974/0096
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(74)567 final
                                           Brussels , 26 April 1974
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
              temporarily suspending the autonomous duties in
            the Common Customs Tariff on a number of agricultural
                                  products
                  ( submitted to the Council "by the Commission)
    COM(74 ) 567 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
( 1 ) At its meetings on 5 , 25 and 26 March 1974 the Joint Group of government
experts which meets under the aegis of the Commission to 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 expire on 15 or 30 June 1974
- new applications submitted by certain Member States for the suspension
    of common customs duties on agricultural products from 1 July, > 1 September
    or 15 October 1974 •
(2 ) 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 or inadequacy of production in the Community .
The above-mentioned group favoured unanimously the total or partial suspension
of common customs duties on the products , which are the subject of the proposal
for a Regulation annexed hereto .
( 3 ) The Commission proposes a suspension of duties on the products in question
chiefly for the following reasons :
( a) Fish
The Community 's processing industry for fish is not adequately supplied by
Community fishermen . Community catches are becoming increasingly smaller , so
that some Member States have become dependant on large quantities of imports
from third countries . Nevertherless , 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 constant increase
in the prices of processed fish .
 ---pagebreak--- The following table, based, on the available statistical data, could serve
to illustrate the economic situation in this sector in the Member Sates
submitting applications for suspensions of duties .
                             Federal Republic of Germany ( 1973 )
Description of            Needs          Supplies                   Imports
   products               ( in metric    ( in metrio   from the           th
                                                                   from the           from        1
                            tonnes )       tonnes )    Six orig-        Men:
                                                                   new Member         third
                                                       inal EEC    States ( in        count­
                                                       States      metric            ries
                                                       ( in metric tonnes )           ( in met­
                                                       tonnes )                       ric tonnes )
Mackerel , fresh,            x                x        1,574       2,845              2,903
chilled or frozen
Salmon, fresh, chilledj
or frozen               \                                             626
                             2,200              99          4                         1,471 .
Salted Salmon           1                                                       " ?'
Piked dog-fish, fresh ,
chilled or frozen            2,895            228          38         551             2,078
Black halibut , fresh,       6,553          1,524           3         814             4,212
chilled or frozen
Coalfish , salted or         1,785               0         30         152     ,       1,603
in brine ,
Sprats , salted or           χ                x            28           0                321
in brine                                                                           ι
Anchovies , salted
or in brine                  χ                X            28           0                321
Soluble products
of fish                      χ                X           795     23,858     ■     18,656
                                                                                                /
                                                                                    m • •/* • •
x Figures not available .
 ---pagebreak---                                     - 3 -
                                  Prance ( 1973 )
Description of        Needs            Supplies                  Imports
    products          ( in metric      ( in metric from the      from the        from
                        tonnes )         tonnes )  Six ong-      new Member      third
                                                   mal EEC       States ( in     countries
                                                   States        metric          ( in met­
                                                   ( in metric   tonnes )        ne ton-
                                                   tonnes )                      nes )
Anchovies salted      6,347            2.000             10              0       4,337
or in brine
Crawfish frozen       2,879               630            13          162         2,074
and chilled
                                  Bénélux ( 1972 )
Crabs                 χ                χ                 65            38        1,108
Shrimps               4,610               779         2,335          140         1,356
As this situation is not expected to change in the near future , duties must be
suspended for one year, i.e. from 1 July 1974 "to 30 June 1975 *
As mackerel are exempt from the Common Customs Tariff from 15 February to 15
June , it is proposed that the duty on these fish be suspended for the period
16 June 1974 to 14 February 1975 *
In the case of sardines ( Clupea pilchardus Walbaum), suspension of duty has been
requested on seasonal grounds for the period 1 September 1974 to 31 March 1975 *
In the case of most fishery products the current suspension of duties which is
due to expire on 30 June 1974 is to be prolonged . In the case of crawfish,
frozen or' chilled a new tariff measure is to be introduced .
                                                                     • • •/• • *
 x Figures not available .
 ---pagebreak---                                       - 4 -
(b ) Oysters weighing no raoro 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 resistance and a fast rate of growth on the Community market ;
these products must therefore be imported from third countries , in particular
Japan .,
Not 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 r France imported 250 metric tonnes of oyster
spat weighing not more than 12 g each from the Community as originally constituted
as . well as 40 metric tonnes from the new Member States and had to import 2,336
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 1975 *
( c ) Chant arelles , bilberrie s and roso-hips
The needs of the Community processing industry for these products must be covered
by imports from third countries . For example , the statistical data ( 1973 , in
metric tonnes ) for the Federal Republic of Germany are as follows ( not available
for rose-hips ) :
Description of          Feeds                                      Imports
     product s          ( in metric                   from the      from tho       from
                          tonnes )                    Six orig-     new Member     third
                                                      mal EEC       States ( in    countries
                                                      States        metric         ( in metric
                                                      ( in metric   tormos )       tonnes )
                                                      tonnes )
Chant arelles           1,888                 ;            2            0          1,886
Bilberries              3,365                         1,192             0          2,173
 ---pagebreak---                                      - 5 -
Customs protection docs not seem necessary for economic reasons "because the
high wages for picking the products make domestic production impossible .
Suspension of duties will enable the Community 's processing industry to compete
with offers of finished products from third countries whose prices are more
favourdie .   It would therefore seem sufficient to prolong the current suspension
of duties ( chantarelles : 4/^J bilberries : 4$ and rose-hips : 0%) until 30 June
1975 .
( d) 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 third countries , whence , for example ,
17,601 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 1975 the total suspension of duties .
( e ) 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 considerably , 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 1975
the suspension of duty at the present level of 10% for this product .
  f) 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 1,630 metric tonnes
of paprika from third countries in 1973 ,       .        .   ..
 ---pagebreak--- In the interests of tho competitiveness of the Community * s production of animal
feeding stuffs , the current total suspension of duties must be prolonged until
30 June 1975 .
( g ) Bitter , or Seville oranges
The Community 's processing industry has an urgent need for this basic product ,
the production of which is fairly limited .   Italy is unable to supply this
industry sufficiently so that the latter is dependant on imports from Spain .
inor example : the needs of the industry in question in the Benelux countries
in 1972 , 860 metric tonnes , could be covered only partially by supplies from
the Community ( lS2 metric tonnes ). This industry had to import 678 metric tonnes
from third countries , hence the proosal to prolong until 30 June 1975 "the
suspension of duties at the present level of 4$ *
( h) Dried apr loot s
The agreement between the Community and Iran which expired on 30 November 1973
provided for a partial suspension of duties on dried apricots .   Given that the
new commercial agreement , for which negotiations are at present taking place ,
will eventually contain the same tariff measure , it seems appropriate not to
disturb the trade and for this reason the Common Customs duty for this product
has been unilaterally suspended from 1 December 1973 to 30 June 1974 •   It is
therefore desirable , for the same reasons , to prolong this unilateral suspension
of the customs duty until 30 June 1975 *
(i ) Christmas trees
Tho 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 tho duty rates for the Community as originally constituted with regard
to Denmark have only been reduced by 40/t up to now, the customs receipts from
imports of firs from Denmark still amount to 6% of their value . Since the
deiivsries from Denmark cannot be compensated for by the other Iierabor
States , the duties are causing a rise in the prices on the German market .
 ---pagebreak---                                            - 6bis –
The temporary suspension of the duties of the Common Customs Tariff may be considered
as an efficient method of avoiding an eventual rise in the prices of Christmas trees .
(k ) Shelled cashew nuts ( for lack of time , this part of the proposal could not be
       '                   discussed by the Group )
In its communication to the Council on " implementation of the Declaration of Intent
concerning the commercial relations with certain Asian countries" (Doc . C0M(73)l801
final of 24 October 1973 ) > the Commission proposed total suspension of the CCT duty
on this product .  The following reasons for the proposal were given :
    "The sole Asian supplier of shelled cashew nuts is India .   This country 's exports
     of the Commodity cover 45$ and 67$ respectively of the imports of the Six and of
     the United Kingdom .
     Cashew nuts are practically not grown in India, but imported from Tanzania for
     processing by hand , thereby providing employment in an area where social conditions
     are particularly poor .  Furthermore , India's exports do not seem to compete with
     any of the associated or associable countries in Africa .   In the circumstances ,
     therefore, it would appear reasonable to place all suppliers on an equal footing,
     and the Commission recommends to this end a total suspension of the CCT duty which
     at present amounts to 2.5$. Inclusion under the GSP is not sufficient , as the
     product is not of Indian origin ."
                                         I
 So as to avoid delaying the signing of the Commercial Cooperation Agreement with
 India, the proposed tariff measure was not , as originally planned, included in the
 Agreement .  For this reason , the Commission now proposes that- the product in question
 be added, in the Annex to the Regulation, to the list of products for which a 12-
 months suspension of duty is provided .
 ---pagebreak---  (4 ) Taking into account the suspension of the duties of the Common Customs Tariff
for the products concerned, the new Member States should suspend their tariffs
for the period envisaged in conformity with Article 39 paragraph 2 of the Act
concerning the conditions of Accession .
The group also examined the possibility of suspending common customs duties on
the following products i
       Heading No                                Description of goods .     . .  ,
03 «01 B I h) 1                   Cod ( Gadus morrhuas or Oadus callarias ), fresh
                                  or chilled, whole , headless or in pieces intended
                                  for tho production of fillets
03.01 B I i ) 1                   Coalfish (Pollachius virens or Gadus virens ), fresh
                                  or chilled, whole, headless or in pieces intended
                                  for the production of fillets
03.01 B I lc) 1                   Haddock, fresh or chilled, whole, headless or in
                                  pieces intended for the production of fillets
ex 08.05 A II                     Almonds , fresh or dried, shelled or peeled but
                                  not shredded or chopped .
Unanimity within tho group could hot be reached on this point . The Commission,
for its part , is not in favour of proposing a suspension of duties on these
products at present for the following reasons .
( a) Cod. coalfish, haddock , fresh or chilled, fresh, chilled or frozen
                                    \
The delegations of most Member States stated that they were against a suspension
of common customs duties for those fish . The reasons given concern tho availability
of these fish on the market of the Community or the risk of disturbing the market of
a Member State for whom fishing is specially important .
 ---pagebreak---                                  - 8 -
In those conditions it seems inappropriate for the Commission to propose a
suspension for the above-mentioned , fish .
(b ) Alnonds
Following the poor harvest in the Community in 1973 , the customs duty for this
product was partially suspended from 1 October 1973 to 30 June 1974 *  A continuation
of this measure until 30 September 1974 , that is to say the date when the new
Community Crop will become available , would upset the opportunities for the new
Community Crop .
 ---pagebreak---                            Proposal for a
   " •'               COUNCIL REGULATION (EEC)
          temporarily suspending the autonomous duties in the
          Common Customs Tariff on a number of agricultural
                                products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 4*3 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
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 inihe 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 ;
Whereas 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 j
HAD ADOPTED THIS REGULATION :
                              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 .
 ---pagebreak---                                 - 2 -
These suspensions shall be applicable :
- from 16 June 197^ to l^f February 1975 for the product listed in
  Table I ;
- from 1 July to 31 December 197^ for the products listed in
  Table II j
- from 1 July 197^ to 30 June 1975 for the products listed in
  Table III ;
- from 1 September 197^ to 31 March 1975 for the product listed in
  Table IV ;
- from 15 October to 31 December 197^ for the product listed in
  Table V.
                              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 .
Done at Brussels                        For the Council
                                        The President
 ---pagebreak---                                        ANNEX
                                      Table I
       CCT                                                        Eate of duty
                             Description of goods                  ( autonomous )
    heading No
ex 03.01 B I m ) 2    Mackerel , fresh , chilled or frozen ,                5 %
                      whole , headless , or in pieces ,,
                      intended for the processing
                      industry . (a)
                                      Table II -,
       CCT                                                        Rate of duty
    heading No               Description of goods                  ( autonomous )
ex 08.02 A II a)      Bitter or Sevilla oranges , fresh                     8 %
           and b )    or dried
                                      Table III
       CCT                                                        Eate of duty
    heading No             /.Description of goods                  ( autonomous )
   03.01 Alb )        Salmon , fresh , chilled or frozen                 total
                                                                     suspension
ex 03.01 B I c )      Piked dog-fish (Squalus acanthias ).,              total
                      fresh , chilled or frozen * who&e ,            suspension
            \         headless or in pieces
ex 03.01 B I g)       Black halibut (Hippoglossus rein-                  total
                      hardtius) , fresh , chilled or                 suspension
                      frozen , whole , headless or in pieces
ex 03.01 B I q)       Sardinops sagax sardinops ocellata                    8c*
                      (pilchards) , , freeh , chilled or frozen,
                      whole , headless or in pieces , inten­
                      ded for the processing industry ( a)
                                                                     • • • /• •
      is suspension shall be subject to such conditions as may be • determined
    Lj the competent authorities .
 ---pagebreak---                                          - 2 -               ANNEX
 ex 03.01 B I q)       Sturgeons , fresh , chilled or frozen ,           8 %
                       whole , headless or in pieces , in­
                       tended for the processing industry ( a)
 ex 03.02 Aie )        Anchovies (Engraulis sp.p .) salted or           total
                       in brine , whole , headless or in pieces ,    suspension
                       in barrels or other containers of a
                       net capacity of 10 kg or more
     03.02 Aie )       Salmon , salted or in brine , whole ,            total
                       headl.es or. in pieces ,                      suspension
 ex 03.02 A I f )      Sprats , salted or in brine , whole ,            total
                       headless or in pieces                         suspension
 ex 03.02 A I f)       Coalfish     (gadus virens) , salted              7 %
                       or in brine , whole , headless or in
                       pieces , in immediate packings of
                       a net capacity of :
                       a) ^7 kg to 57 kg inclusive and
                           containing at most 50 fish halves
                       b ) more . than 57 -kg and containing
                           at most 60 fish halves
 ex 03.03 A I          Crawfish meat , chilled or frozen ,              total
                       shelled or not                                suspension
ex 03.03 B I b )       Oysters, fresh (living) , weighing               total
                       no more -than 12 g each                     "
     \ ■ .. o
                         ' \ . "       ...            .
 ex 03.03 B I b )      Oysters , fresh (living), of the                 total
                       " crassostrea gigas" variety „ -              suspension
                       weighing more -than 100 g each
ex 07 . 01 Q II        Chantarelles , in fresh or chilled                k %
                       state     :                  ^
ex 08.01 A             Dates , fresh or dried , in immediate           total
                       packings of a net capacity not                suspension
                       exceeding - 35 kg , for repacking ,
                       under customs or equivalent
                       (administrative control , for retail
                       sale ( a)
ex 08.01      F        Shelled cashew nuts                             totsl
                                                                     suspension • • •// « *
 (a) This suspension shall be subject to such conditions as may be determined
    . by the competent authorities . .      .     '              '
 ---pagebreak---                                        r, 3 -                ANNEX
   08.08 C           Bilberries , fresh                                 k %
ex 08.09             Rose-hips , fresh                                 total
                                                                     suspension
ex 08.10 Β           Bilberries , cooked or uncooked ,                  k %
                     preserved by freezing , without
                     added sugar
   08.12 A           Dried apricots                                     6 %
ex 09.04 B I         Paprika , ground , for use in animal              total,
                     feedingstuffs ( a)                              suspension
   09.10 C I         Saffron , neither crushed or ground               10 %
ex 16.0^ C II        Spiced herrings , packed in barrels               total
                     ( semi-preserved) for the processing            suspension
                     industry (a)
ex 16.05 A           Crabs of the "King", "Hanasaki ",                 10 %
                     "Kegani" and "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 concerned with products fal­
                     ling within heading No 16.05 ( a)
   23.07 A           Fish or marine mammal solubles                     2 %
                                    Table IV
      CCT                                                          Rate of duty
                              Description of goods                 ( autonomous )
   heading No
ex 03.01 Bid)        SardineB ( Clupea pilchardus Walbaum) ,           total
                     fresh , chilled or frozen , whole , of          suspension
                     a length of 20 cm or more
(a) This suspension shall be subject to such conditions as may be    determined
    by the competent authorities .
 ---pagebreak---                               - k -                 ANNEX
                             Table V
     CCT                                                  Hate of duty
  heading No          Description of goods                ( autonomous )
ex 06.0^ B I Natural Christmas trees ( firs ) unfit           total
             for replanting                                 suspension