CELEX: 51973PC0761
Language: en
Date: 1973-05-16
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) temporarily suspending the autonomous duties in the Common Customs Tariff on a number of agricultural duties. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 761
Vol. 1973/0147
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 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                                           COM(73 ) 761 final
                                                           Brussels . 16 May 1973
                                PROPOSAL FOR A
                           COUNCIL REGULATION (EEC )
              temporarily suspending "the autonomous duties in the
              Common Customs Tariff on a number of agricultural
              duties .
                 (submitted to the Council "by the Commission)
  COM(73 ) 761 final
 ---pagebreak---                           EXPLMT.ft.TORY MEMORANDUM
1 . At its meeting on 8 February , 26/27 March and 4 April 1973 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 1973
- new applications submitted by certain Member States for the suspension
   of common customs duties on agricultural products from 16 June to
    1 September 1973 .
2 . The applications submitted concerned products in respect of which the
Menber 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 and the lack of any possibility of substitution for other
products already manufactured within 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 ) Fishejry jjr^ucts ( except oysters and fillets of fish in bread-crumbs )
The Community 's processing industry for fishery products is not adequately
supplied by Community fishermen .        ' Community catches are becoming increasingly
smaller , so that some Member States have become dependent on large
quantities of imports from third countries .          Nevertheless , the duties
applicable to these products (basic materials for preservation in particular )
reduce the competitiveness of the industries concerned .
 ---pagebreak---                                         _ 2 -
      Suspension 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 oould
      check the constant increase in the prices of processed fish .
      The following table , based on the available statistical data , could
      serve to illustrate the economio situation in this sector in the -
      Member States submitting applications for suspensions of duties .
                                           1211
                         Federal Republic of Germany
Description of               Needs       •    Supplies                Imports
   , products              ( in metrio        ( in metric  from the      from the       from
                                tons)             tons ) : Six orig-     new Member third
                                                           inal ESC      States ( in count-
                                                           States        metric tons ) ries
                                                           ( in metric                ( in met-
                                                               tons )                   ric tons)
Mackerel , fresh ,
chilled or frozen               7 . 855            617        1524           1-570      4 144
Salmon, fresh, ohilled        (                                   5       •    371        919
or frozen ,                   M . 448               98
Salted Salmon                 (                                                            55
Piked dog-fish , fresh ,
chilled or frozen               3.  506            330           60            886      2,230
Black halibut , fresh ,
chilled or frozen               5 709.8            553            0.6        1-320      3 836.2
Coalfish , salted or
in brine                      22 . 967                       12.788         10 134         45
Sturgeons , fresh ,
chilled or frozen                   100                                                   100
Sprats ,  salted or in
brine                               500                                                   500
Pilchards
( gardinops sagax Ocellata),
fresh, chilled or frozen            200                                                   200
 ---pagebreak---                                                          -3-
                                                             |                      Importa .                             f
Description jlleeds (in |Supplies | from the                                                -                             |from third
of products metric tons)|(in                                 j six original [from the fcoitntries
                                           pétrie            iSEC States                     knew Member j(in metric
                                           [tons )           | (in metric                     States                         tons )
                                                             } tons )                         ( in metric
                                                                                            a tons        )
                                                           [                            -F^––
                                            r                P                                   vuiio j                  3
Anchovies ,
salted or
in brine               574                      -                    37                            -                                  537
Soluble
products of
fish                 29 407                   1 500                690                           25.500                         1,717
                         –I–          -■ Γ-         ΓΓΙ    * -Π    1 - πητι III– Β! ί I τ ΤίΙιΜίΙ I |Ι· I ιι|_ρ–ι·_ι· , Τα.1). -1.υ-4_. I
                                                    France
Anchovies
            ~l
                                         ρ              –1                                !
salted or
m brine               a 735                   6 400                  72                                                         2 263
             J i ■ 1       i i i .i .  .
                                         L
                                         r     –-
                                                          J(   ■
                                                                                      jL                                ι
                                                   Bénélux
                                                                                           ■ - -
Crabs         1       1.552                                j       126                                       1 426
Shrimps               3-555                                      1 944                                       1 612
As this situation is not expected to change in the near future ,
duties must be suspended for one year , i.e. from 1 July 1973 to
30 June 1974 *
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 Jurie 1973 to 14 February
I974 -                                                                                                          '
In the case of sardines                  (Clupea pilchardus Walbaum ), suspension
of duty has been requested on seasonal grounds for the period
1 September 1973 to 31 March 1974 *
 ---pagebreak---                                     - 4 -
  In the case of most fishery products the current suspension of duties             i
  which is due to expire on 30 June 1973 is to "be prolonged. In the case           j
  of sprats , salted or in trine , and pilchards ( Clupea pilchardus                j
                                                                                    I
  Walbaum ) a new tariff measure is to "be introduced .
                                                                                . ' i
  b ) Oysterg weighing no more than 12 g each ; oysters of the " Cassostrea '        :
      gigas" variety weighing more than 100 g each               -    •              j
  As a result firstly of frosts and secondly of pollution which is
  spreading ceaselessly, along tho Atlantic coast in particular, a very
  high mortality rate has been recorded in the oyster farms . For this
  reason it is impossible at present to obtain mother oysters and spat
  with' a sufficiently high resistance dnd a fast rate of growth on the               I
  Community market j 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 1971 , Prance imported 364 metric tons of .          |
  oyster spat from the Community and had to import 7^5 metric tons from               !
  third countries (Portugal and Japan) . • During the same period she
  imported JO metric tons of mother oysters from .third countries ( Canada). .
  In view of the situation it would seem necessary to prolong the current
  total suspension of duties until 30 June 1974 . .
  c ) Fillets of fish , raw, simply coated in batter or breadcrumbs , or frozen
  As a result of these products being removed from subheading ex 03»01 BIX a) an
  placed under subheadings ex 16.04 C and G of the Common Customs Tariff , *
  the customs duty was raised from 15$ to 20^ ( Opinion of the nomenclature
  Committee of the Council on Customs Cooperation during their 27th
  meeting, doc . 18.030 , Annex c/10 .)  In order to maintain the former
1 15/o duty level , the current suspension of duties at the above-mentioned
 ---pagebreak---                                       - 5 -
   level must be prolonged until 31 December 1973 .         With the same aim
   in view , provision has been made for other tariff measures to be
   brought into force later .
   d ) Cantarelles , bilberries and rosg-hir> s         • '
   The needs of the Community processing industry for these products must be
   covered by imports from third countries .       For example , the statistical
   data ( 1971 » in metric tons) for. the Federal Republic of Germany are as
   follows ( not available for rose-hips ):
Description        Needs                        . Imports ( in metric tons )
of products        ( in metric •      from the six        from the         from
                       tons )         original EEC           new           third
                                         States           Member           countries
                                                          States
Cantarelles           1 257                                   20      ·      1,237
Bilberries            3 534                                  363             3 171
   Customs protection does not seem' necessary , for economio 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 xvhose prices
   are more favourable .;     It would therefore seenr sufficient to prolong the
   current suspension of duties ( cantarelles :     4    bilberries :   4/» ard
   rose-hips : 0fo) until 30 June 1974 »
   e ) Dates
   French packers are finding it difficult to obtain supplies from Algeria
   which tends to reserve its products for local packers .         These products
   must therefore be imported from third countries whence , for example ,
   14,505 metric tons were imported in 1971 *
 ---pagebreak---                                  -6-
 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 1974 the
 total suspension of duties .
 ( f) Saffron
 This produce is not produced within the Community , but there
 is nevertheless a processing industry , particularly in France ,
 which needs 6 metric tons a year. Given that during the
past few 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 ^he prooessing industry , ceasing.
 It would therefore seem desirable to prolong until 30 June 1974
 the suspension of duty at the present level of 10$ for this
product .
 ( g) 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 tons of paprika from third
 countries in 1971 *
In the interests of the competitiveness of the Community 's
production of animal feeding stuffs , the current total
 suspension of duties must be prolonged until 30 June 1974*
( h) Bitter or Seville oranges
Tho Ccanunity*s processing industry has an urgent need for this basic
product , the production of which is fairly limited . Italy is unable
 ---pagebreak---                                   -7-
  to supply -this industry sufficiently so that the latter
  is dependant on imports from Spain .       Por examples
  the needs of the industry in question in the Benelux countries
  in 1971 } 703 metric tons , could "be covered only partially
 by supplies from the Community (288 metric tons ). This industry
 had to import 415 metric tons from third countries , hence the
 proposal to prolong until 30 June 1974 the suspension of
 duties- at the present level of 4$.
  (4) The group also examined the possibility of suspending
 common customs duties on the foil owing products
         Heading No                       - Description of Goods
    03.01 BIh ) 1                      Cod , fresh or chilled
    03-01 B I i ) 1                    Coalfish , fresh or chilled
    03.01 B I k) 1                     Haddock , fresh or chilled
    03«01 B II a ) and b )
    1 , 2 and 3                        Fillets of fish , fresh ,
                                       chilled or frozen
ex 15.07 D I a ) 3                     Coconut oil , crude , intended
                                       for technical purposes other
                                       than for the manufacture of
                                       foodstuffs .
 Unanimity within the group could not be reached on this
 point . The Commission , for its part , is not in favour o.f
 proposing a suspension of duties on these products at present
 for the following reasons .
 (a) Cod , coalfish , haddock , fresh or chilled , fillets of fish .
        fresh , chilled or frozen
 The request for the suspension of common customs duties was made
 by a new Member State , Denmark. As far as imports of these
 products into this Member State are concerned , total suspension
 of common customs duties vis-a-vis third countries shall
 ---pagebreak---                                -7a-
continue until 31 December 1973*   Consequently the problem
is not of immediate interest to Denmark.
With regard to the import of thes6 fish into other Member
States , suspension of the common customs duty would benefit
one of the principal supplier third countries (Iceland) with
which some Member States have strained relations in the
fishing sector.
 ---pagebreak---                                  -8-
(b ) With regard to the request for the suspension of duties
on coconut oil , it was agreed with the experts of the
Member States that the matter should "be examined by the
" Oils and Fats'" Management Committee , while it will still
be possible to discuss this matter within the more general
context of the improvement of generalised tariff preferance3
in favour of developing countries .
 ---pagebreak---                             Proposal for a
                       CCUHCIL REGULATION (EEC )
"temporarily suspending the autonomous duties in the Common Customs
Tariff on a number of agricultural products
THE OOUiTCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas production in the Community of the products specified in this
Regulation is currently inadequate or non-existent and whereas producers
thus cannot meet the needs of user industries in the Community;
Whereas it is in the interest of the Community in certain cases partially
to suspend the autonomous duties in the Common Customs Tariff because
these goods are produced in the Community , and in other cases to effect
total suspension ;
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 ;
HAS 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--- Those suspensions shall be valid :
- from 1 6 June 1973 to 14 February 1974 for the produots listed in
  Table I j
- from 1 July to 31 December 1973 for the products listed in
  Table II j
- from 1 July 1973 to 30 June 1974 for the products listed in Table III
- from 1 September 1973 to 31 March 1974 for the products listed in
  Table IV .
                              Article 2
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels                           For the Council
                                            The President
 ---pagebreak---                                         j)imE2C
                                        Table I
    .   CCT                 Description of goods                  Rate of duty
 heading No                                                       ( autonomous )
  ex 03.01 B I m)2 Mackerel , fresh , chilled or frozen ,
                      whole , headless , or in pieces ,              '   57°
                      intended for the processing industry
                                       Table II
              I
      CCT                   Description of goods                  Rate of duty
 heading No                                                       ( autonomous )
  ex 16.04 C          Fillets of herrings , raw , simply coated
                      in batter or bread-crumbs , frozen                m
  ex 16,04 G          Fillets of other fish , raw , simply coated
                      in batter or bread-crumbs , frozen                15%
                                      Table III
       CCT                 Description of goods                   Rate of duty
 heading No                                                       ( autonomous )
  ex 03.01 Alb )      Salmon , fresh , chilled or frozen         total suspension
  ex 03.01 Ble )      Piked dog-fish (Squalus acanthias ) ,      total suspension
                      fresh , chilled or frozen
  ex 03.01 Big)       Black halibut (Kippoglossus rein-          total suspension
                      hardtius )
  ex 03.01 B I q )    Sardinops sagax ocellata (known
                      as "pilchards "), fresh , chilled or               M
                      frozen, intended for preservation
                       (a)
( a) This suspension shall be subject to such conditions as may be
       determined by the competent authorities .
 ---pagebreak---                                         - 2 -
                                        MEEX.
ex 03.01 B I q)       Sttirgeons , fresh , chilled or frozen ,
                      intended for "the processing industry            Sfa
                      ( a)
ex 03 «02 Aie )       Anchovies (Engraulis sp . p. ), salted
                      or in brine , in barrels or other          total suspension
                      containers of a net capacity of 10 kg
                      or more
ex 03*02 Aie )        Salmon, salted or in brine , whole ,       total suspension
                      headless or in pieces
ex 03.02 A I f)       Sprats , salted or in brine                tc
                                                                 total   susoension
ex 03.02 A I f)       Coalfish (gadus virens ), salted or in brine ,
m ""-r       .      . in immediate packings of a net
                      capacity of:
                     a ) 47 kg "to 57 kg and containing
                           at most 50 fish halves
                      b) more than 57 kg and containing
                           at most 60 fish halves
ex 03.03 Bib)         Qysters weighing no more than
                      12 g each                                  total suspension
ex 03.03 Bib )        Qysters of the " crassostrea gigas "
                     variety weighing more than 100 g            total suspension
                     each
ex 07.01 Q II        Canterelles                          ,            4!°
ex 08.01 . A         Dates , in immediate packings of
                     a net capacity not exceeding 35 kg ,
                     for repacking , under customs or            total suspension
                     equivalent administrative control ,
                     for retail sale
ex 08.02 A II a )    Bitter or Seville oranges                         8,o
            and b)
    B3.08 C          Bilberries                                        Ai
ex 08.09             Rose-hips , fresh                           total suspension
ex 09.0A B I         Paprika , ground , for use in               total suspension
                     animal feeding (a)
ex 09.10 C I          Saffron , neither crushed nor ground           1 QSfo
ex 16.05 A           Crabs of the " King", " Binasaki",
                     " Kegani " and " Queen" varieties ,
                     simply boiled in water and shelled,         total suspension
                     whether or not frozen , in packings
                     of a net capacity of 2 kg or more
                     for the canning industiy (a )
( a) This suspension shall be subject to such conditions as may be
     determined by the competent authorities .
 ---pagebreak---                                       AMEX
ex 16,05 B           Shrimps other than those of the
                     Crangon variety , boiled in vrater
                     and shelled , whether or not frozen,            10$
                     intended for the industrial manu­
                     facture of products falling within
                     Heading Kb 16.05 (a)
    23.07 A          So–called " soluble " products of
                     fish or marine mammals                           2^
                                                                      2%
                                      Table IV
      CCT                        Description of goods        Rate of duty   .
heading No                          ■                        ( autonomous )
ex 03.01 B I d)      Sardines" (Clupea pilchardus
                     Walbaum ) , fresh , chilled or
                     frozen, whole , headless or in        total suspension
                     pieces , of a length of 20 cm
                     or more
 (a) This suspension shall be subjact to such conditions as may be
     determined by the competent authorities .