CELEX: 51993PC0165
Language: en
Date: 1993-04-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain agricultural products originating in Austria, Norway and Sweden

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                          C0M(93) 165 final
                                                          Brussels, 22 Apr iI 1993
                                           Proposal for a
  ™:V'<>i|^B
                                      COUNCIL REGULATION (EEC)
                           opening and providing for the administration of
                      Community tariff quotas for certain agricultural products
                              originating in Austria, Norway and Sweden
                                   (presented by the Commission)
••+-.: V - J H »
 ---pagebreak---                                                                           z
                            EXPLANATORY MEMORANDUM
1.    The Agreement on the European Economic Area between the European
      Economic Community, the European Coal and Steel Community, their
      Member States and the European Free Trade Association (EFTA)
      countries was signed in Oporto on 2 May 1992 at the same time as
      bilateral agreements on certain arrangements in agriculture.
2.    The Contracting Parties' aim was to bring the EEA Agreement into
      force at the same time as the bilateral agreements. However,
      following Switzerland's decision not to ratify the EEA Agreement,
      this did not happen.
3.     In response to this new situation, agreements in the form of
      exchanges of letters were concluded on 17 March 1993 between the
      Community and, respectively, Austria, Finland, Iceland, Norway and
      Sweden. The aim of these agreements, which have been approved by
      Council decisions (1), is to bring forward the entry into force of
      the bilateral agreements on agriculture with these countries so as to
      take effect from 15 April 1993 until 31 December 1993.
4.    The agreements concerned provide for the opening of annual reduced-
      duty or zero-duty tariff quotas by the Community for certain
      agricultural products included in the above arrangements and
      originating in Austria, Norway and Sweden. These tariff quotas must
      be opened for 1993, for the period indicated above.
5.    Pursuant to the provisions included in the said arrangements, should
      the date of entry into force of the EEA Agreement not coincide with
      the date of the beginning of the calendar year, the measures
      concerning the opening of tariff quotas will be applied on a pro rata
      basis for the first year.
6.     In establishing the volume of these tariff quotas, account should be
      taken that during 1992 and/or 1993 some of the products concerned
      have benefited from a reduced-duty or zero-duty tariff quota by
      application of the agreements currently in force between the EEC and
      the countries in question.
7.    As with other Community tariff quotas, the proposal does not provide
      for the quota-volumes to be divided up between Member States but
      offers them the opportunity of drawing from the quota-volumes the
      necessary quantities corresponding to actual imports.
This is the subject of the current proposal.
(1)   Décision
      OJ N- L                     , p.
 ---pagebreak---                                                                             3
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
                opening and providing for the administration of
           Community tariff quotas for certain agricultural products
                   originating In Austria, Norway and Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community signed bilateral agreements on certain arrangements
in agriculture in the form of exchanges of letters with Austria, Finland,
Iceland, Norway, Sweden and Switzerland at Oporto on 2 May 1992;
Whereas these agreements were negotiated and signed at the same time as the
Agreement on the European Economic Area between the European Economic
Community, the European Coal and Steel Community and their Member States,
of the one part, and the European Free Trade Association (EFTA) countries,
of the other part; whereas the aim of all the parties was to bring the EEA
Agreement and the bilateral agreements on agriculture into force at the
same time;
Whereas, as a result of the postponement of the entry into force of the EEA
Agreement following Switzerland's decision not to ratify it, agreements in
the form of exchanges of letters were concluded on 17 March 1993 between
the Community and, respectively, Austria, Finland, Iceland, Norway and
Sweden with the aim of bringing forward implementation of the bilateral
agreements on agriculture with these countries for the period running from
15 April until 31 December 1993.
Whereas the Council has approved, by Decision ....(1) the bilateral
agreements signed on 2 May 1992 with Austria, Finland, Iceland, Norway and
Sweden as well as the agreements with these countries signed on 17 March
1993;
(1 )   0 J No
 ---pagebreak---                                                                             ^
Whereas on the basis of the arrangements annexed to the bilateral
agreements on agriculture concluded between the Community and Austria,
Norway and Sweden, respectively, which were signed on 2 May 1992, the
Community is to open annual reduced-duty and zero-duty tariff quotas for
certain agricultural products originating in the above-mentioned countries;
whereas under Annex 111 to the arrangement between the Community and
Austria, imports into Portugal of wine originating in Austria are subject
to duties equal to those applied by Portugal to imports from the Community
as constituted on 31 December 1985;
Whereas the provisions annexed to the arrangements concerned provide that,
should the date of entry into force of the said arrangements not coincide
with the beginning of the calendar year, the provisions concerning the
opening of tariff quotas shall be applied on a pro rata basis for the first
year; whereas it is advisable in the interests of clarity to group together
all the agricultural products which benefit from tariff quotas in Annex I
of this Regulation according to their place of origin, specifying for each
product the volume of tariff quotas and the rates of customs duty
applicable; whereas in establishing the volume of these tariff quotas,
account should be taken that during 1992 and/or 1993 some products have
received the benefit of a reduced duty or zero-duty tariff quota by
application to the agreements currently in force with the countries in
question ; whereas it is consequently appropriate to repeal, with effect
from 15 April 1993, Council Regulations (EEC) Nos 1694/92 (1) and
221/93 (2)in their entirety and those parts of Council Regulation (EEC) n"
303/93 (3) relating to the tariff quotas under order No 09.0801 -.whereas it
is necessary, in particular, to ensure equal and uninterrupted access for
all Community importers to the said quotas and to ensure the uninterrupted
application of the rates laid down for the quotas to all imports of the
products concerned into all Member States until the quotas have been used
up;
Whereas the decision opening tariff quotas should be taken by the Community
in pursuance of its international obligations; whereas, to ensure the
efficient common administration of the quotas, there is no reason why
Member States should not be allowed to draw from the quota-volumes the
necessary quantities corresponding to actual imports; whereas this method
of administration nonetheless requires close cooperation between the Member
States and the Commission and the latter must in particular be able to
monitor the rate at which the quotas are used up and inform the Member
States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by
the Benelux Economic Union, any operation concerning the administration of
these quotas may be carried out by any of its members,
(1)   OJ n* L 176 of 30.6.1992, p. 54.
(2)   OJ n* L 27 of 4.2.1993, p. 1.
(3)   0J n- L 36 Of 12.2.1993, p. 9.
 ---pagebreak---                                                                                J
 HAS ADOPTED THiS REGULATION:
                                    Article 1
 1.     From 15 April until 31 December 1993, the customs duties applicable
        to imports of the products listed in Annex I shall be suspended under
       certain conditions at the levels and within the limits of the
       Community tariff quotas shown below.
 2.    Within the limits of the quotas referred to in Annex I(a) under order
       nos 09.0803 to 09.0805, Portugal shall apply duties equal to those
       that it applies to imports from the Community as constituted on 31
       December 1985.
3.     Admission under the tariff quotas referred to in paragraph 1 under
       order nos 09.0803 and 09.0805 shall be reserved for wines accompanied
       by the following documents:
            document VI 1 or an extract VI 2, completed in accordance with
            Commission Regulation (EEC) No 3590/85. (1) In this case, the
            document must include in Box 15 the following endorsement,
            certified by the competent Austrian organization:
            "This is to certify that the wine referred to in this document is
            a quality wine/quality sparkling wine ( a ) originating in Austria
            and in conformity with the 1985 Wine Law of the Republic of
            Austria".
            (a) Delete as appropriate;
4.     Imports of the wines in question shall be subject to the free-at-
       frontier reference price. Access for these wines to the tariff
       quotas shall be conditional on compliance with Article 54 of
       Regulation (EEC) No 822/87.<2>
5.    The protocols on the definition of the concept of originating
       products and on the methods of administrative cooperation annexed to
       the Agreements between the European Economic Community and the
      Kingdom of Sweden, the Kingdom of Norway and the Republic of Austria
       respectively shall be applicab le.
(1) 0J No L 343, 20.12.1985, p. 20.
(2) 0J No L 84, 27.3.1987, p. 1.
 ---pagebreak---                                                                      s
                           Article 2
 The tariff quotas referred to in Article 1 shall be managed
 by the Commission, which may take any appropnate
 administrative measures to ensure that they are managed
 efficiently.
                           Article 3
    Where an importer presents a product covered by thb
     Regulation for release for free circulation in a Member State,
    applying to take advantage of the preferential anaafgatcnts,
     and die entry is accepted by die customs authorities, the
     Member State concerned shall, by notifying the Commission,
    draw an amount corresponding to its requirements from the
     quota volume.
     Requests for drawings, indicating the date on which the
    entries were accepted, must be sent to the Commission
    without delay.                                   ,
    Drawings shall be granted by the Commission in
    chronological order of the dates on which the customs
    authorities of the Member States concerned accepted the
    entries for release for free circulation, to the extent that the
     available balance so permits.
     If a Member State docs not use a drawing in full, it shall
     return any unused portion to the corresponding quota
    volume as soon as possible.
     If die quantities requested arc greater than the available
     balance of the quota volume, the balance shall be allocated
    among applicants pro rata. The Commission shall inform the
     Member States accordingly.
                           Article* A
Each Member State shall ensure that importers of the
products in question have equal and continuous access to the
quotas for as long as the balance of the relevant quota volume
so permits.
                           Article i ^
Member States and die Commission shall cooperate closely
to ensure that this Regulation is complied with.
 ---pagebreak---                                                                             ******
                                                                            •f
                                  Article 6
Council Regulations (EEC) Nos 1694/92 (1) and 221/93 (2) shall be repealed
with effect from 15 April 1993.
The tariff quota under order No. 09.0801 provided by Council
Regulation (EEC) N* 303/93 (3) shall cease to apply as from the same date.
                                  Article 7
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels,
                                            For the CounciI
                                            The President
(1)    OJ n' L 176 of 30.6.1992, p. 54
(2)    OJ n* L 27 of 4.2.1993, p. 1
(3)    OJ n' L 36 of 12.2.1993, p. 9
 ---pagebreak---                                      Annex I                             Z
                     (a) Products originating in Austria
 Order    CN code            Descript ion        Amount of     Quota
   No        (*)                   (1)             quotas      duty
                                                                (%)
09.0807   2009       Fruit Juices (including     7 083 t(2)
                     grape must) or vegetable
                     juices, unfermented and
                     not containing added
                     spirit, whether or not
                     containing added sugar or
                     other sweetening matter
                     i ncIud i ng:
09.0808  2009 11     Juices other than apple or     354 t
               19    pear Juice
               20
               30
               40
               50
               60
         2009 80 32
               80 34
               80 39
               80 80
               80 83
               80 85
               80 93
               80 95
               80 99
         2009 90 21
               90 29
               90 41
               90 49
               90 51
               90 59
               90 71
               90 73
               90 79
               90 91
               90 93
               90 99
09.0803  6X22042125  Quality wines produced in   106 250 h I (2) 0
                  29 conformity with the 1985
                  35 Wine Law of the Republic
                  39 of Austria, in containers
                  49 holding 2 litres or less
                  59
                  90
(*)     See Taric codes in Annex II.
(1)     Nonunderstanding the rules of the combined nomenclature, the
        wording for the description of the products is to be considered as
        haved 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 indicated the preferential scheme is to
        be determined by application of the CN codes and corresponding
        description taken together.
(2)     Information about the exact quantity will be provided during
        procedural phase.
 ---pagebreak---                       (a) Products originating in Austria                u
Order    S CN code   i       Description        I Amount of  IQuota
  No     i   (*)     !            d)            ! quotas     Jduty
         !           !                          i             ! (%)
C9.0805 ;ex22041019!Quaiity sparkling wines     ! 1 416 hi   ; 0
        !          90{produced in conformity    S           S
        !            iwith the 1985 Wine Law of ;            !
        !            Ithe republic of Austria,  !            !
        !            |in containers holding     !            !
        I            |2 litres or less          !           !
(*)     See Taric codes in Annex II.
(1)     Nonunderstanding the rules of the combined nomenclature, the
        wording for the description of the products is to be considered as
        haved 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 indicated the preferential scheme is to
        be determined by application of the CN codes and corresponding
        description taken together.
 ---pagebreak---                                                                           -10
                        (b) Products originating in Norway
    Order          CN code              Descr ipt ion        Amount of   Quota
      No               (*)                  (1)                quotas    duty
                                                             (%)
                                                                        1
09.0751 Î6X0704 10 10          ICaulIf lowers, fresh or        2 000
                                 chiI led, from 1.8 to 31.10
09.0753 !ex0704 90 90          IBroccoli, fresh or             1 000
                                chiI led, from 1.7 to 31.10
09.0755 !ex0704 90 90          ! China cabbages, fresh or      3 000
                                chilled, from 1.7 to end
                                February
09.0757    6X0809 20 60         Cherries, fresh, from 16.7       600
                     80         to 31.8
09.0759    6X0809 40 11        ! Plums, fresh, from 1.9 to       600
                      19        15.10
                     90
09.0761 !ex0810 10 10           Strawberries, fresh, from        750
                                15.7 to 31.7
09.0762 !ex0810 10 90           Strawberries, fresh, from        750
                                1.8 to 15.9
(*)    See Taric codes in Annex II.
(1)    Nonunderstanding the rules of the combined nomenclature, the wording
       for the description of the products is to be considered as haved 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 indicated the preferential scheme is to be determined by
       application of the CN codes and corresponding description taken
       together.
 ---pagebreak---                                                                          on
                        (c) Products originating in Sweden
Order         win                       f? i c r                       Quota
No                (*)                           Ù >             quota: duty
                                                                         (%)
09.0631   6XÛ208 90 90          Reindeer meat» fresh,                   Free
          ex0210 90 20          chilled, frozen, dried or
                               ! smoked
09.0613     0710 21 00          Peas, frozen                            6%
          6X0710 29 00
09.0635 Î6X0710 30 00           Spinach, New Zealand                    Free
                                spinach and orache
                                spinach (garden spinach)
09.0637 !exO710 80 90           Dili and parsley, frozen                Free
09.0639   ©X0811 90 10          Rubus chamaemorus                       Free
                      30       IV. myrtIltus
                      50       |V. myrt11 loides and
                      70        angustifolium frozen
          6X0811 90 99
09.0641     1517 10             Margarine                               Free
09.0643   ÔX2004 90 99          Vegetable gratins and                   Free
                                dietetic preparations
09.0645 lex2005 10 00           Homogenize*} vegetables,                Free
                                trrfant food préparât ions
09.0647 !6X2005 20 90          I Potato crisps                          Free
09.0649 [6X2007 10              Jams, Jellies, marmalades               Free
                   99           (vaccinium myrtiI lus, V.
                               Imyrt11 loides and V. angusti
                                folium Rubus chamaemorus
09.0651   6X2009 80            I Fruit Juices and mixtures              Free
                   90           (raspberries, V. myrtil lus,
                               IV. myrtilloides and V.
                               Iangust!folium Rubus chamaemorus
                                redcurrants, blackcurrants) !
(*)   See Taric codes in Annex II.
(1)   Nonunderstanding the rules of the combined nomenclature, the wording
      for the description of the products is to be considered as haved 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 indicated the preferential scheme is to be determined by
      application of the CN codes and corresponding description taken
      together.
 ---pagebreak---                                                        *Z
                        ANNEX I I
                       Codes TARIC
         a) Products originating in Austria
Order No     Codes CN                   Codes TAR IC
09.0803   ex 2204 21 25                 2204 21 25*95
          ex 2204 21 29                 2204 21 29*96
          ex 2204 21 35                 2204 21 35*95
                                                   *96
          6X2204 21 39                  2204 21 39*95
                                                   *96
          6X2204 21 49                  2204 21 49*29
          6X2204 21 59                  2204 21 59*39
          6X2204 21 90                  2204 21 90*10
09.0805   6X2204 10 19                  2204 10 19*91
          6X2204 10 90                  2204 10 90*91
 ---pagebreak---                                                      *\l
                     Codes TARIC
          b) Products originating in Norway
Order No   Codes CN                    Çod6S TARIC
09.0751  ex 0704 10 10                 0704 10 10*30
09.0753  ex 0704 90 90                 0704 90 90*13
09.0755  ex 0704 90 90                 0704 90 90*92
                                                 *94
                                                 *97
09.0757  ex 0809 20 60                 0809 20 60*10
         ex 0809 20 80                 0809 20 80*11
                                                 *19
09.0759  ex 0809 40 11                 0809 40 11*60
         ex 0809 40 19                 0809 40 19*10
         ex 0809 40 90                 0809 40 90*50
09.0761  ex 0810 10 10                 0810 10 10*60
                                                 *80
09.0762  ex 0810 10 90                 0810 10 90*12
                                                 *14
 ---pagebreak---                                                      W
          c) Products originating in Sweden
Order No   Codes ÇN                    Codes TARIC
09.0631  ex 0208 90 90                 0208 90 90*10
         ex 0210 90 20                 0210 90 20*10
09.0635  ex 0710 30                    0710 30 00*10
09.0637  ex 0710 80 90                 0710 80 90*20
09.0639  ex 0811 90 10                 0811 90 10*13
                                            90 10*50
         ex 0811 90 30                 0811 90 30*13
                                            90 30*50
         ex 0811 90 99                 0811 90 99*68
09.0643  ex 2004 90 99                 2004 90 99*80
09.0645  ex 2005 10 00                 2005 10 00*11
                                                 *21
                                                 *31
                                                 *91
09.0647  ex 2005 20 90                 2005 20 90*10
09.0649  ex 2007 10 10                 2007 10 10*11
                                            10 10*40
         ex 2007 10 90                 2007 10 90*11
                                               90*40
         ex 2007 99 39                 2007 99 39*11
                                               39*20
         ex 2007 99 59                 2007 99 59*11
                                               59*40
         ex 2007 99 90                 2007 99 90*11
                                               90*50
09.0651  ex 2009 80                    2009 80 34*21
                                               34*30
                                               39*11
                                               39*40
                                               80*11
                                               80*40
                                               85*31
                                               85*40
                                               93*11
                                               93*40
                                               99*11
                                               99*40
         ex 2009 90                    2009 90 21*21
                                               21*30
                                               51*20
                                               59*20
                                               91*92
                                               93*20
                                               99*20
 ---pagebreak---                                                                         -I J
FINANCIAL RECORD
1.     Budget Ii ne çoncer ned : Chap. 12 art. 120
2.     Legal basis: Art. 113 of the Treaty
3.     Title of the tariff measure concerned: Proposal for a Council
       Regulation (EEC) opening and providing for the administration of
       Community tariff quotas for certain agricultural products originating
        in Austria, Norway and Sweden.
*•     Objective: Fulfilment of contractual obligations of the Community
5.     Duty-loss:
Descript ion        Quantity    Price     Normal      Quota rate   Duty-loss
                               Ecu/unit   rate (%)    of duty (%)    (ecu)
Fruit Juices and      7 083 T    1 610    middle rate              2 953 540
vegetable Juices                 ECU/T        25,9%
Juices other than       354 T    1 610    middle rate                151 604
apple or pear                    ECU/T        26,6%
Juices
Qua Iity wines      106 250 HL      17,33     17,33                1 841 312
                                   ECU/HL    ECU/HL
Qua Iity spark Iing   1 416 HL      40        40                      56 640
wines                            ECU/HL      ECU/HL
Caul if lowers        2 000 T    1 090        17%                    370 600
                                 ECU/T
Broccoli              1 000 T    1 090        17%                    185 300
                                 ECU/T
China cabbages        3 000 T      710        15%                    319 500
                                 ECU/T
Cherries, fresh         600 T      780        15%                     70 200
                                 ECU/T
Plums, fresh            600 T      560    middle rate                 38 640
                                 ECU/T        11,5%
Strawberrles,           750 T    1 770        16%                    212 400
fresh                            ECU/T
Strawberr ies,          750 T    1 770        14%                    185 850
                                 ECU/T
Reindeer meat,          141 T   middle price  middle rate  0          27 754
fresh, chiI led,                 1036 ECU/T   19%
frozen, dr ied or
smoked
 ---pagebreak---                                                                    46
                                      -2-
Descr ipt ion      Quantity   Price       Normal      Quota rate  Duty-loss
                             Ecu/unit     rate (%)    of duty (%)   (ecu)
Peas, fresh          4 250 T     810          18%          6%       408 000
                               ECU/T
Spinach, frozen        354 T   1 130          18%                    72 003
                               ECU/T
Dill and parsley       141 T   1 310          18%                    33 247
                               ECU/T
Frozen Swedish       2 833 T  middle price    middle rate  0        832 902
berr ies                       1 960          15%
                               ECU/T
Margar ine             708 T   1 170          middle rate  0        157 388
                               ECU/T          19%
Vegetable grat ins     354 T   2 300          22%          0        179 124
and dietetic pré-              ECU/T
parât ions
Homogen i zed          177 T   1 140          22%                    44 391
vegetables                     ECU/T
Potato cr isps         141 T   2 090          22%                    64 831
                               ECU/T
Jams, Je I Iies,       354 T   2 210          30%                   234 702
marmalades                     ECU/T
Fruit Juices and       177 T   3 130          26,8%                 148 474
mixtures                       ECU/T
Duty-1 OSS for 1993: 9 236 798 ECUS.
 ---pagebreak---                                                                       BSN0254.1475
                                                               COM(93) 165 final
                                                      DOCUMENTS
EN                                                                         1102
                                 Catalogue number : CB-CO-93-187-EN-C
                                                             ISBN 92-77-54831-2
OfiScc for Official Publications of the European Communities
L-2985 Luxembourg