CELEX: 51993PC0192
Language: en
Date: 1993-05-07
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas and ceilings for certain agricultural and industrial products originating in Bulgaria (1993)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(93) 192 final
                                             Brussels, 7 May 1993
                              Proposal for a
                        COUNCIL REGULATION (EEC)
     opening and providing for the administration of Community tariff
   quotas and ceilings for certain agricultural and Industrial products
                      originating in Bulgaria (1993)
                      (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
                                                                           z
1.    The Interim Agreement between the European Economic Community and the
      European Coal and Steel Community, on the one hand, and Bulgaria, on
      the other hand, signed on 8th March 1993, stipulates that, from their
      entry into force, customs duties levied on imports into the Community
      of certain industrial and agricultural products listed in Annexes I
      and II hereto shall be reduced or eliminated. These advantages shall
      be granted within the limits of tariff quotas or ceilings.
2.    Pending the entry into force of the agreement, the Community has
      decided to implement the interim agreement concluded with the country
      in question, from first June 1993.
3.    These Interim Agreement provides for the complete suspension of
      customs duties on certain of those countries' industrial products to
      which the tariff quotas or ceilings contained in Annex I apply. It
      also provides for complete or partial suspension of customs duties on
      certain agricultural products from the same country, within the
      limits of tariff quotas. The volume and duty rates for these quotas
      are laid down in Annex II.
4.    Pursuant to the provisions laid down in the Annexes to the
      abovementioned Agreement, the volumes of the said quotas and ceilings
      shall be Increased, from the first year of their entry into force, by
      a specific percentage indicated in those Annexes. If during the
      period from 1 January 1993 to the entry into force of the present
      regulation, any products listed in Annexes I and M hereto are
      imported into the Community under other preferential arrangements
      (GSP), however, the amounts laid down in the annexes will be reduced
      by an amount equivalent to any such imports.
5.    Administration of the quotas will involve pooling the entire amount
      of the individual quotas in order to form a Community reserve to
      which all the Member States will have access in accordance with
      Article 2 of the proposed Regulation.
6.    For the administration of the tariff ceilings, it is proposed that a
      system of import surveillance be set up for the products listed in
      Annex I, and that the Commission be empowered to reintroduce the
      levying of duties under certain circumstances. This will entail the
      adoption of detailed common rules to be applied by all the Member
      States in a uniform manner, with close collaboration between the
      appropriate national authorities and the Commission.
That is the purpose of the attached proposal.
 ---pagebreak---                                                                     Proposal for a
                                                 COUNCIL REGULATION (EEC) N o
                                                              of
                                                                                                         /93
                                                                                                                                                      3
                     opening and providing for the administration of Community tariff quotas and
                     ceilings for certain agricultural and industnal products originating in Bulgaria (1993)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES.                                  agricultural products, specifying (or each product the
                                                                           volume of its quota or ceiling and ihe rate of customs
                                                                           duty applicable ;
 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 decision for the opening of Community quotas should be
                                                                            taken by the Community, in the execution of i t s i n t e r n a t i o n a l
                                                                           o b l i g a t i o n s . In the case of the products l i s t e d in Annexes l a n d I I
 Whereas the association agreement between the Euro-                                          to t h i s Regulation; whereas p a r t i c u l a r care should be taken t
 pean Economic Community and the European Coal                             ensure that a l l Community importers have equal and continuous access ti
 and Steel Community, on the one hand, and                                  those quotas and that the rates l a i d down for the quotas are applied t<
                                                                           a l l imports of the products in question into a l l Member States u n t i l
Bulgaria, on the other hard, was                                signed     the quotas are exhausted; whereas, to ensure the e f f i c i e n c y of a commof
 on 8th March 1993; whereas pending the entry into                         a d m i n i s t r a t i o n of these quotas, there is not reasonable obstacle to
 force of •fh e se a i> r c c r n c n l t n c Community has concluded      a u t h o r i s i n g the Member States to draw from the quota-volumes the
                                                                           necessary q u a n t i t i e s corresponding to actual imports; whereas t h i s
 interim agreement on trade and trade-related measures                     method of a d m i n i s t r a t i o n requires close cooperation between the Member
 with these country^ which shall be enter into force                       States and the Commission and the l a t t e r must in p a r t i c u l a r be able to
                                                                           monitor the r a t e at which the quotas are used up and Inform the Member
  on 1st June 1993.                                                        States a c c o r d i n g l y ;
 Whereas the interim agreements stipulate, inter alia, that
                                                                     m     Whereas In the case of the products l i s t e d in Annex                      I         to t h i s
 certain products originating in the country                               Regulation which are subject to Community t a r i f f c e i l i n g s . Community
 question may attract a reduced or zero rate of duty on                    s u r v e i l l a n c e may be achieved by means of an a d m i n i s t r a t i v e procedure
  import into the Community, within the limits of tariff                   based on charging imports of the products in question against the
                                                                           c e i l i n g s at Community level as and when those products are entered with
 quotas or ceilings ; whereas pursuant to the provisions                   the customs a u t h o r i t i e s for f r e e c i r c u l a t i o n ;
 annexed to these agreement , the volumes of the tariff
 quotas and ceilings established when the association
 agreement was signed must be increased from the date
  on which the interim agreement enter into force by a
  percentage specific to each                              category of
  products ; whereas in accordance with Protocol 7 attached
  to each of these agreement , provision must furthermore
  be made for deduction of any quantities which have
  already benefited from generalized preferences between
   1 January 1993 and the entry into force of these agree-
   ment and for pro rata adjustments to the quantities of
   the agricultural products listed in Annex II to this Regu-
   lation ;
   Whereas the quantities in question will be known only on
   the day preceding the entry into force of the interim
   agreements ; whereas the Commission should be made
   responsible for informing the Member States and
   economic operators as rapidly as possible of the quantities                      Whereas this administrative procedure requires close and
   actually available under the tariff measures described in                         particularly rapid cooperation between the Member States
    this Regulation by means of publication in the 'C series                        and the Commission, and the latter must in particular be
    of the Official Journal of the European Communities;                             able to monitor quantities charged against the ceilings
                                                                                     and keep the Member States informed. whereas this
                                                                                     cooperation has to be particularly close since the
                                                                                     Commission must be able to take appropriate measures to
    Whereas it seems advisable in the interests of clarity to
                                                                                     reintroduce customs duties once a ceiling is reached ;
    divide the products into two groups, in Annexes I and II
    to this Regulation, one for industrial products and one for
                                                                                     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 adminis-
                                                                                     tration of these tariff measures may be carried out by any
                                                                                     one of its members,
 ---pagebreak---                                                                                                                           u
     HAS ADOPTED THIS REGULATION                               The drawings shall be grantee! by the Commission by
                                                               reference to the date of acceptance of the declaration fc:
                                                               free circulation by the customs authorities of the Membc^
                                                               State concerned, to the extent th?t the available balance
                              Article I                        so permits.
     1.    From-lSt Juneto 31 December 199 3 imports into      3.     If a Member State does not use the quantities drawn,
    the    Community of certain products originating in        it shall return them to the corresponding quota volume as
            Bulgaria                       which are listed in soon as possible.
    Annexes I and II shall be subject to Community tariff
    quotas or ceilings.
                                                               4.     If the quantities requested are greater than the avail-
                                                               able balance of the quota volume, the balance shall be
    Annexes I and II provide a description of the products     allocated on a pro rata basis. The Commission shall
    concerned,        ( combined nomenclature codes )          inform the Member States of the drawings made.
             and the rates of customs duty applicable.
    Once the interim agreement enter into force, the
                                                                                          Article 3
    volumes of the tariff quotas and ceilings indicated in the
    Annexes shall if necessary be reduced to take account of
    the volume of goods imported from Bulgaria                 1.    Quantities shall be charged against the ceilings as
                from I January 1993 under other preferential   and when products are declared to the customs authorities
    arrangements, in accordance with the provisions of         for free circulation.
    Protocol 7 annexed to the interim agreement .
                                                               Goods may be charged against a ceiling only if the move-
    The Commission shall inform the Member States and          ment certificate is presented before the date on which
    economic operators of the reduction in quota and ceiling   levying of customs duties is reintroduced.
    volumes attributable to generalized preferences as rapidly
    as possible, by publishing them in the *C* series of the   2.    The level of utilization of the ceilings shall be deter-
     Official Journal of the European Communities.             mined at Community level on the basis of the imports
                                                               charged against them in accordance with paragraph 1.
2.       The Protocol on the definition of the concept of
 originating products and methods of administration             Members States shall send the Commission, not later
 cooperation, attached to the interim agreements, shall         than the 15th day of each month, statements of the
 apply.                                                         quantities charged during the preceding month.
                            Article 2                           3. As soon as the ceilings have been reached, the
                                                                     Commission may adopt a regulation reintroducing
   1.    The tariff quotas referred to in Article 1 shall be        the customs duties applicable to the third countrie
  administered by the Commission, which may take all                 in question until the end of the calendar year.
  appropriate administrative measures in order to ensure
  efficient administration thereof.
                                                                When the adoption of such a regulation is requested
                                                                by a Member State, the Commission shall examine the
   2.    Where an importer declares a product covered by
   this Regulation for free circulation in a Member State and
                                                                 request within the following five days and shall
   applies to take advantage of the preferential arrangements,   inform the requesting Member State of the action it
   and that declaration is accepted by the customs authori-      considers it should take as a result of the request,
   ties, the Member State concerned shall, by notifying the      in the light, in particular, of the statements sent
   Commission, draw an amount corresponding to its requi-       as provided for in paragraph 2.
   rements from the quota volume.
   Requests for drawings, indicating the date of acceptance
   of the said declarations, must be sent to the Commission
   without delay.
 ---pagebreak---                                        Article 4
                                                                                       J
              The Member States and the Commission shall cooperate
              closely to ensure compliance with this Regulation.
                                       Article 5
              This Regulation shall enter into force three days following
              that of its publication in the Official Journal of the
              European Communities.
              It shall apply from 1 June 1993 or the date of entry into
              force of the interim agreement.-, whichever is the later
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
                                                                             Ç
              List of industrial products subject to ceilings or
                       quotas fixed duty-free amounts (a)
Order                CN code        Quota volume            Ce iIi ng
Number                                  (ECUS)               (ECUS)
    (1)                 (2)                 (3)                  (4)
21.1061            2836 20 00                                4 763 000
                         30 00
09.6201            2905 31 00            5 000 000
21.1063            2918 14 00                                  463 000
21.1065            2933 90 10                                  253 000
21.1067            2936 27 00                                1 182 000
09.6203            3102 10 10              503 000
09.6205            3102 10 91              696 000
                            99
                         21 00
                         29 10
                         29 90
                         50 90
                         60 00
                         70 00
                         90 00
09.6207            3102 30 10            1 350 000
                         30 90
21.1069            3102 40 10                                3 049 000
                         40 90
09.6209            3102 80 00            3 408 000
21.1071            3105                                      6 086 000
21.1073            6403                                      5 292 000
21.1075            6911                                      2 117 000
(a)    The wording for the description of the products covered by this Annex
       is that of the combined nomenclature (OJ No L 267, 14.9.1992)
 ---pagebreak---                                                                                              *
                                             ANNEX I I
             List of agricultural products subject to tariff quotas for
                                           reduced duty
        ,    ,      ,                                       ,            ,
Order No    | CN Code    |          Description (a)        | Quota      | Duty to be
            |             |                                  | voluie     | applied
            II                                             | CT> | (X)
    (1)     |    (2)     |                 (3)             |        (4) |     (5)
09.6221     | 0603 10 13 | Cut flowers, fresh              |     76     | 16
                                                                           13 6
            | 0603 10 51 |                                  I      I         >
            | 0603 10 53 |                                  |           | 13,6
            | 0603 10 55 |                                  |      |       13,6
09.6223     | 0701 90 51 | Potatoes                        |   1050     | 12
            | 0701 90 59 |                                  |           | 16,8
            | 0701 90 90 |                                  |      |       14,4
09.6225     | 0702 00 10 | Tonatoes                        |    362     |   9,9(iin 2 Ecu/IC
                                                                                                 ")
            | 0702 00 90 |                                  |      |       16,2(min 3,5 " /
09.6227     | 0703 10 19 | Onions                          |    128     |   9,6
09.6229     | 0703 20 00 | Garlic                          |    292     |   9,6
09.6231     | 0707 00 11 | Cucumbers                       |    367     | 12,8
            | 0707 00 90 | Gherkins                         |           | 12,8
09.6233     | 0709 60 10 | Sweet peppers, fresh            |    437     | 7,2
(a)   Notwithstanding the rules for interpretation of the coiblned noienclature, the wording for the
      description of the products Is to be considered as having no «ore than an indicative value, the
      preferential Scheie being deteriined within the context of this Annex by the coverage of the
      CN codes.
 ---pagebreak---                                                                                              o*
    (1)             (2)                       (3)                   (4)      (5)
09.6235         0710 21 00    Peas, frozen                      157       14,4
                0710 22 00    Beans, frozen                               14.4
                0710 29 00    Other, frozen                               14,4
09.6237         0710 80 90    Other vegetables, frozen          239       14,4
09.6239       ex0711 90 40    Mushroois (1)                     671       10,8
                2003 10 20
                2003 10 30
09.6241         0713 40 90    Lentils, other                    128        1,6
09.6243         0802 31 00    Walnuts in she 11                 192        6.4
                0802 32 00    Shelled                                      6.4
09.6245         0806 10 19    Grapes, froi 15 July                        17,6
                              to 31 October
                0806 10 99    Other grapes, froi 15 July        169       17,6
                              to 31 October
09.6247         0808 10 10    Apples                            367        7,2(»in 0,45/100 Kg net)
                0808 10 91    Other apples                                11,2(uiin 2,4 / "     ")
                0808 10 33                                                11,2(mln 2,4 /100 Kg net)
                0808 10 39                                                11,2(mln 2,4 /100 Kg net)
09.6249         0808 20 10    Pears                            1050        7,2(mln 0,45/100 Kg net)
                 0808 20 39                                               10,4(min 2    / "     " )
09.6251         0808 20 90    Quinces                            87        7.2
09.6253       I 0809 10 00 | Apricots                            64       20
              J             I
(1)    These CN codes are subject to the iiport arrangeients laid down in Council Regulation (EEC) No
        1796/81.
 ---pagebreak---                                                                                3
    (1)    (2)                    (3)              (4)     (5)
09.6255 0809 30 00 Peaches                    233        17.6
09.6257 0809 40 11 Plums                     2467        12(min 3 Ecu/100 Kg net)
09.6259 0809 40 19 Plums                      577         6,4
                                           f           \
09.6261 0810 10 10 Strawberries               892        12,8(min 3 " /        " )
        0810 10 90                                       11,2(min " " /        " )
09.6263 0812 10 00 Cherries                   388
09.6265 0812 90 10 Apricots, preserved          44       12,8
09.6267 0813 40 80 Other, fruits dried        262         4.8
09.6269 1210 10 00 Hops                       128         7.2
        1210 20 00
09.6271 1209 21 00 Seeds, fruit and spores    467         4
        1209 22 10                                        3,2
        1209 25 90                                        3.2
        1209 29 11                                        3,2
        1209 29 90                                        4
        1209 91 90                                        5.6
        1209 99 99                                        5.6
09.6273 1501 00 11 Lard for industrial use   2030        2.4
09.6275 1512 11 91 Sun-flower seed oiI         146
 ---pagebreak---                                                                              1o
        i            r,                          ,           ,
    d>  I    <2)     11                (3)       |       (4) |    (5)
09.6277 | 1602 31 11 || preserved leat of turkey |   87      | 13.6
        | 1602 39 19 || other                     |          | 13.6
09.6279 | 2001 10 00 || Cucuibers preserved      | 1021      | 17.6
09.6281 | 2002 10 10 |J Toiatoes prepared        | 3803      | 16.2
        | 2002 10 90 ||                           |           | 16.2
09.6283 | 2002 90 10 | j Toiaten, prepared        | 3961      | 16.2
        | 2002 90 30 |                            |     |       16.2
        | 2002 90 90 |                            |     |       16.2
09.6285 | 2007 99 33 | Jai of strawberries       |   50      | 24 + AD S/Z
09.6287 | 2008 50 71 | Apricots, preserved       | 157       | 19.2 + AD S/Z
        | 2008 50 79 |                            |     |       19,2 +  "
        | 2008 50 91 |                            |     |       13.8 •
09.6289 | 2008 60 69 | Cherries, preserved       |   38      | 19,2 + AD S/Z
09.6291 | 2008 70 79 | Peaches, preserved        | 227       | 17.6 +
09.6293 | 2008 80 70 | Strawberries, preserved   | 222       | 19.2 +
09.6295 | 2008 99 55 | Pluis, preserved          |   76      | 19.2 +
09.6297 | 2009 70 19 | Apple juice               | 1651      | 33.6
09.6299 | 2401 10 60 | Tobacco                   | 3500      | 11.5
        | 2401 10 70 |                            |           | 11.5
        | 2401 20 60 |                            |           | 11.5
        | 2401 20 70 |                            |           | 11,5
 ---pagebreak---                          FINANCIAL STATEMENT                     1/)
1. Budget heading; Chapter 12, Article 120
2. Legal basis; Article 113 of the Treaty
3. Tariff measure; Proposal for a Council Regulation opening and
   providing for the administration of Community tariff quotas and
   ceilings for certain agricultural and industrial products originating
   in Bulgaria (1993)
4. Aim;  To fulfil obligation imposed by an agreement.
5. Calculation and loss of revenue
   At the present time, it is not possible to estimate the financial
   implications of these measures.
 ---pagebreak---  ---pagebreak---                                                                                   ; A-
                                                                     ISSN 0254-1475 *
                                                              COM (93) 192 final
                                                      DOCUMENTS
EN                                                                         02 i l
                                 Catalogue number : CB-CO-93-219-EN-C
                                                             ISBN 92-77-55628-5
Offîce for Official Publicatiocs of the European Communities
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