CELEX: 52015PC0202
Language: en
Date: 2015-05-18
Title: Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1388/2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products

EUROPEAN
                           COMMISSION
                                                    Brussels, 18.5.2015
                                                    COM(2015) 202 final
                                                    ANNEX 1
                                          ANNEX
                                            to the
                         Proposal for a COUNCIL REGULATION
   amending Regulation (EU) No 1388/2013 opening and providing for the management of
    autonomous tariff quotas of the Union for certain agricultural and industrial products
EN                                                                                         EN
 ---pagebreak---                                                           ANNEX
   The Annex to Regulation (EU) No 1388/2013 is amended as follows:
   (1)      the following rows for the tariff quotas with order numbers 09.2683, 09.2684, 09.2688,
            09.2854, 09.2685, 09.2686, and 09.2687 are inserted following the order of the CN
            codes indicated in the second column of the table:
                                                                                                                   Quota
      Order                                                                                   Quota       Quota
               CN code      TARIC                        Description                                               duty
     number                                                                                   period     volume
                                                                                                                    (%)
    09.2683   ex 2914 19 90   50  Calcium acetylacetonate (CAS RN 19372-44-2) for 01.07-31.12          50 tonnes  0%
                                  use in the manufacture of stabilisator systems in tablet
                                  form
                                   (1)
    09.2684   ex 2916 39 90   28  2,5-dimethylphenylacetyl chloride (CAS RN 55312- 01.07-31.12         125 tonnes 0 %
                                  97-5)
    09.2688   ex 2920 90 85   70  Tris (2,4-di-tert-butylphenyl)phosphite                  01.07-31.12 3 000      0%
                                  (CAS RN 31570-04-4)                                                  tonnes
    09.2854   ex 2924 19 00   85  3-Iodoprop-2-ynyl      N-butylcarbamate     (CAS    RN 01.07-31.12   250 tonnes 0 %
                                  55406-53-6)
    09.2685   ex 2929 90 00   30  Nitroguanidine (CAS RN 556-88-7)                         01.07-31.12 3 250      0%
                                                                                                       tonnes
    09.2686   ex 3204 11 00   75  Colourant C.I. Disperse Yellow 54 (CAS RN 7576- 01.07-31.12          1 250 kg   0%
                                  65-0) and preparations based thereon with a colourant
                                  C.I. Disperse Yellow 54 content of 99 % or more by
                                  weight
    09.2687   ex 3907 40 00   25  Polymer blend of polycarbonate and poly(methyl 01.07-31.12           200 tonnes 0 %
                                  methacrylate) with a polycarbonate content of 98.5
                                  GHT or more, in the form of pellets or granules, with
                                  a luminous transmittance of 88.5 % or more,
                                  measured using a test sample with a thickness of
                                  4 mm at a wavelength of λ = 400 nm (according to
                                  ISO 13468-2)
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 ---pagebreak---    (2)        the rows for the tariff quotas with order numbers 09.2664, 09.2972, 09.2665, 09.2645,
   09.2834, 09.2835, 09.2629, and 09.2763 are replaced by the following:
                                                                                                                             Quota
        Order                                                                                            Quota       Quota
                     CN code         TARIC                           Description                                             duty
       number                                                                                            period     volume
                                                                                                                              (%)
     09.2664        ex 2008 60 39        30   Sweet cherries containing added spirit, with a sugar 01.01-31.12    1 000     10
                                              content of not more than 9 % by weight, of a diameter               tonnes    % (2)
                                              of not more than 19,9 mm, with stones, for use in
                                              chocolate products (1)
     09.2972           2915 24 00             Acetic anhydride (CAS RN 108-24-7)                      01.01-31.12 50 000    0%
                                                                                                                  tonnes
     09.2665        ex 2916 19 95        30   Potassium (E,E)-hexa-2,4-dienoate (CAS RN 24634- 01.01-31.12        8 250     0%
                                              61-5)                                                               tonnes
     09.2645        ex 3921 14 00        20   Cellular block of regenerated cellulose, impregnated 01.01-31.12    1 700     0%
                                              with water containing magnesium chloride and                        tonnes
                                              quaternary ammonium compounds, measuring
                                              100 cm (± 10 cm) x 100 cm (± 10 cm) x 40 cm (± 5 c
                                              m)
     09.2834        ex 7604 29 10        20   Aluminium alloy rods with a diameter of 200 mm or 01.01-31.12       2 000     0%
                                              more, but not exceeding 300 mm                                      tonnes
     09.2835        ex 7604 29 10        30   Aluminium alloy rods with a diameter of 300,1 mm or 01.01-31.12     1 000     0%
                                              more, but not more than 533,4 mm                                    tonnes
     09.2629        ex 8302 49 00        91   Aluminium telescopic        handle    for use  in   the 01.01-31.12 1 000 000 0%
                                              manufacture of luggage                                              pieces
                                               (1)
     09.2763        ex 8501 40 20        40   Electric AC commutator motor, single-phase, with an 01.01-31.12     2 000 000 0%
                    ex 8501 40 80        30   output of 250 W or more, an input power of 700 W or                 pieces
                                              more but not more than 2 700 W, an external diameter
                                              of more than 120 mm (± 0,2 mm) but not more than
                                              135 mm (± 0,2 mm), a rated speed of more than 30
                                              000 rpm but not more than 50 000 rpm, equipped with
                                              air-inducting ventilator, for use in the manufacture of
                                              vacuum cleaners
                                               (1)
   (1)
          Suspension of duties is subject to Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down
          provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253,
          11.10.1993, p. 1).
   (2)
          The specific duty shall apply.
   (3)           the rows for the tariff quotas with order numbers 09.2677 and 09.2678 are deleted
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 ---documentbreak---                            EUROPEAN
                           COMMISSION
                                                     Brussels, 18.5.2015
                                                     COM(2015) 202 final
                                                     2015/0105 (NLE)
                                        Proposal for a
                                 COUNCIL REGULATION
   amending Regulation (EU) No 1388/2013 opening and providing for the management of
    autonomous tariff quotas of the Union for certain agricultural and industrial products
EN                                                                                         EN
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   On 17 December 2013 the Council adopted Regulation (EU) No 1388/2013 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.
   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.
   The Commission, assisted by the Economic Tariff Questions Group (ETQG), has therefore
   reviewed all requests for autonomous quotas forwarded by the Member States. ETQG consists
   of delegations from all Member States plus Turkey. It met three times before the changes laid
   down in this proposal have been agreed.
   Each request was assessed carefully by the group. In particular, preventing any harm for EU
   producers and the strengthening and consolidation of the competiveness of EU production are
   part of the examination of each case. This assessment has been carried out by discussions
   within the group and consultation by Member States of the concerned industries, associations,
   chambers of commerce and other stakeholders involved.
   This proposal concerns a number of agricultural and industrial products. The quota requests
   were examined in the light of the criteria set out in the Communication from the Commission
   concerning autonomous tariff suspensions and quotas (OJ C 363, 13.12.2011, p. 6). Following
   this examination, the Commission considers that the opening of an autonomous tariff quota is
   justified for the products listed in the table under point (1) of the Annex of this proposal.
   Furthermore, it became necessary to adapt the quotas listed in the table under point (2) of the
   Annex to this proposal:
   - for order Nos 09.2664 and 09.2763 the description need to be changed,
   - for order Nos 09.2629, 09.2645, 09.2665, 09.2834, 09.2835, and 09.2972 the volumes need
   to be increased.
   The autonomous tariff quotas with order numbers 09.2677 and 09.2678 are deleted from the
   Annex of Council Regulation (EU) No 1388/2013, as it is not in the interest of the Union to
   continue granting such quotas.
   Finally, it is proposed to add a paragraph in Article 1, by which the scope of the quotas to the
   products listed in the Annex to Regulation (EU) No 1388/2013 is strictly limited, in order to
   prevent any possible harm for the EU producers by avoiding any imports of goods which were
   not examined by the Commission with the assistance of the ETQG.
   The proposal is in line with the trade, enterprise, development and external relations policies.
   Particularly, 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).
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 ---pagebreak---    2.        RESULTS OF CONSULTATIONS OF THE INTERESTED PARTIES AND
             IMPACT ASSESSMENTS
   The Economic Tariff Questions Group, in which the competent authorities of all Member
   State are represented, was consulted. All listed quotas correspond to agreements or
   compromises reached in the discussions of the group.
   There was no mention of potentially serious risks with irreversible consequences.
   3.        LEGAL ELEMENTS OF THE PROPOSAL
   The legal basis of this regulation proposal is Article 31 of the Treaty on the Functioning of the
   European Union (TFEU).
   By virtue of Article 31 of the TFEU autonomous tariff suspensions and quotas are fixed by
   the Council acting on qualified majority on the basis of a Commission proposal, therefore a
   regulation is the appropriate instrument.
   The proposal falls under the exclusive competence of the Union. The subsidiary principle
   therefore does not apply.
   The proposal complies with the principle of proportionality as this set of measures is in line
   with the principles set out to simplify the procedures for the operators engaged in foreign
   trade and in accordance with the Commission communication 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 3,4 Mio €/year. The effect on
   the traditional own resources of the budget is - 2,6 MEUR/year (75% x 3,4 Mio €/year).
EN                                                 3                                                 EN
 ---pagebreak---                                                                2015/0105 (NLE)
                                                Proposal for a
                                       COUNCIL REGULATION
    amending Regulation (EU) No 1388/2013 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 supply 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 1388/20131. Products within those tariff quotas can be
           imported into the Union at reduced or zero duty rates. For the reasons indicated, it is
           necessary to open, with effect from 1 July 2015, tariff quotas at zero duty rates for an
           appropriate volume as regards seven new products.
   (2)     In certain cases, the existing autonomous tariff quotas of the Union should be adapted.
           In the case of two products, it is necessary to amend the product description for
           clarification purposes and in order to take into account the recent product
           developments. In the case of six other products the quota volumes should be increased
           as such increase is in the interest of economic operators of the Union.
   (3)     In case of one product, the autonomous tariff quotas of the Union should be closed
           with effect from 1 July 2015 as it is not in the Union’s interest to continue granting
           them as from that date.
   (4)     It should be clarified that any mixtures, preparations or products made up of different
           components containing products subject to autonomous tariff quotas are not covered
           by the Annex to Regulation (EU) No 1388/2013.
   (5)     Regulation (EU) No 1388/2013 should therefore be amended accordingly.
   (6)     Since the amendments pursuant to this Regulation should take effect from 1 July 2015,
           this Regulation should apply from that date,
   1
           Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and providing for the
           management of autonomous tariff quotas of the Union for certain agricultural and industrial products,
           and repealing Regulation (EU) No 7/2010 (OJ L 354, 28.12.2013, p. 319).
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 ---pagebreak---    HAS ADOPTED THIS REGULATION:
                                                Article 1
   Regulation (EU) No 1388/2013 is amended as follows:
   1.        Article 1 is replaced by the following:
                                                   “Article 1
                 1. For the products listed in the Annex, autonomous tariff quotas of the Union
                 shall be opened within which the autonomous Common Customs Tariff duties
                 shall be suspended for the periods, at the duty rates, and up to the volumes
                 indicated therein.
                 2. Any mixtures, preparations or products made up of different components
                 containing products listed in the Annex shall not be subject to paragraph 1 of this
                 Article.”
   2.        The Annex is amended as set out in the Annex to this Regulation.
                                                Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   It shall apply from 1 July 2015.
   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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 ---pagebreak---                              LEGISLATIVE FINANCIAL STATEMENT
   1.      NAME OF THE PROPOSAL:
   Council Regulation amending Regulation (EU) No 1388/2013 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 2015: € 16 701 200 000 € (B 2015)
   3.      FINANCIAL IMPACT
           Proposal has no financial implications
   X       Proposal has no financial impact on expenditure but has a financial impact on revenue.
   The effect is as follows:
                                                                             (€ million to one decimal place)
         Budget                     Revenue2                    6 month period,           [Year: 2/2015]
         line                                                        starting
                                                                  dd/mm/aaaa
         Article 120       Impact on own resources                 01/07/2015                    - 1,3
                                                                             (€ million to one decimal place)
                                             Situation following action
                                                     [2016 and following years]
         Article 120                                          - 2,6/ year
   On the basis of the above, the impact on the loss of revenue resulting from this Regulation
   may be estimated at 2,6 MEUR/year from 01.07.2015 onwards (3,4 MEUR gross amount x
   0,75) and 1,3 MEUR for the period 01.07.2015 – 31.12.2015.
   The loss of revenue in Traditional Own Resources shall be compensated by Member States
   contributions based on the GNI.
   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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 ---pagebreak---    4.     ANTI-FRAUD MEASURES
   Checks on the end-use of some of the products covered by this Council Regulation will be
   carried out in accordance with Articles 291 to 300 of Commission
   Regulation (EEC) No 2454/93.
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