CELEX: 51994PC0044
Language: en
Date: 1994-02-21
Title: Proposal for a COUNCIL REGULATION (EC) OPENING AND PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMUNITY TARIFF QUOTAS FOR HIGH-QUALITY BEEF, AND FOR PIGMEAT, POULTRYMEAT, WHEAT AND MESLIN, AND BRANS, SHARPS AND OTHER RESIDUES

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                                      COM(94) 44 final
                                                                      Brussels, 21.02.1994
                                                                      9 4 / 0 0 3 0 (ACC)
                                                         Proposal for a
                                                    COUNCIL REGULATION (EC)
                                            OPENING AND PROVIDING FOR THE ADMINISTRATION
                                     OF CERTAIN COMMUNITY TARIFF QUOTAS FOR HIGH-QUALITY BEEF,
                                          AND FOR PIGMEAT, POULTRYMEAT, WHEAT AND MESLIN,
                     ' i Jë§fe
                                                AND BRANS, SHARPS AND OTHER RESIDUES
                                                 (presented by the Commission)
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 ---pagebreak---                            EXPLANATORY MEMORANDUM
1. On 20 December, the Council adopted the Decision concerning the
   conclusion of agreements on certain oilseeds between the European Union
   and Argentina, Brazil, Canada, Poland, Sweden and Uruguay. These
   agreements bring to a close the Community dispute with some GATT
   partners on the Community oilseeds support regime.
2. These agreements involve EC annual import tariff quotas of 300.000 tons
   of quality wheat, 18.000 tons of beef, 15.500 tons of poultry, 2.500
   tons of turkey, 7.000 tons of pork and 475.000 tons of brans, sharps and
   other residues under certain conditions. It is necessary to open these
   quotas on a permanent basis.
3. This draft regulation opens the mentioned quotas fixing the quantities,
   duties and levies which apply upon their import into the Community. It
   also establishes the implementation rules to be drawn up by the
   Commission according to the "management committees" rules on the market
   organizations involved.
4. The new quota of brands, sharps and other residues involves the
   abolition of the 1988 quota agreed with Argentina in the context of the
   negotiations following the enlargement of the community. It is therefore
   necessary to abrogate Regulation 1058/88 (which opened that quota in
   1988).
5. This proposal has no financial implications.
 ---pagebreak---                     Proposal for Council Regulation (EC) No ....
                                    of
         opening and providing for the administration of certain Community
        tariff quotas for high-quality beef, and for pigmeat, poultrymeat,
              wheat and meslin, and brans, sharps and other residues
The council of the European Union,
Having regard to the Treaty establishing the European Community, and in
particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community negotiated new tariff concessions under Article XXVII of
the GATT; whereas these negotiations led to agreements with Argentina, Brazil,
Canada, Uruguay, Poland and Sweden; whereas these agreements were approved by
Council Decision of 21.12.1993(*);
whereas the agreements in question provide for the opening on 1 January 1994,
under certain conditions, of annual tariff quotas for high-quality beef covered
by CN codes 0201 30 00, 0202 30 90, 0206 10 95 and 0206 29 91, pigmeat covered
by CN codes 0203 19 13 and 0203 29 15, poultrymeat covered by CN codes
0207 41 10, 0207 41 41, 0207 41 71, 0207 42 10, 0207 42 11 and 0207 42 71, wheat
and meslin covered by CN codes 1001 10 00 and 1001 90 99, and brans, sharps and
other residues covered by CN codes 2302 30 10, 2302 30 90, 2303 40 10 and
2303 40 20; whereas these quotas have therefore to be opened with effect from
1 January 1994;
Whereas the management agreements cover an undetermined period; whereas in the
interests of rationalization and efficiency, the quotas should therefore be
opened on a multiannual basis;
Whereas it is necessary to guarantee, in particular, that the rates fixed for
these quotas are applied without interruption to all imports of the products in
question until the quota volumes are used up; whereas, to this end, a system for
using the Community tariff quotas based on the presentation of a certificate of
authenticity guaranteeing the nature, provenance and origin of the products may
prove to be appropriate;
Whereas the Council's approval of the abovementioned agreements renders
redundant the system provided for in Council Regulation (EEC) No 1058/88 of
28 March 1988 on the import of bran, sharps and other residues derived from
sifting, milling or other working of cereals other than maize and rice and
amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature
and on the common Customs Tariff(2); whereas that Regulation should
consequently be repealed;
(1)
(2)    0J No L 104, 23.4.1988, p. 1
 ---pagebreak---                                          V
Whereas detailed rules for the application of this Regulation and, in
particular, the provisions required for the sound administration of the quotas
must be adopted in accordance with the procedure laid down in Article 27 of
Regulation (EEC) No 805/68 on the common organization of the market in beef and
veal(3) or in the corresponding Articles of the other Regulations on the common
organization of the markets affected by the opening of the quotas,
whereas Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure
for adjusting the Common Customs Tariff nomenclature used for agricultural
products<4) and Council Regulation (EEC) No 2658/87 of 23 July 1987 on the
tariff and statistical nomenclature and on the Common Customs Tariff(5) already
provide that the commission may make the technical amendments and adjustments to
this Regulation as are necessary following the amendments to the combined
nomenclature and to the TARIC codes; whereas any adjustments to the quota
volumes and other quota requirements adopted by the Council will also require
that amendments to be made to this Regulation; whereas, for the purpose of
simplifying matters, provision should be made for the Commission to make such
amendments and adjustments to this Regulation in accordance with the procedure
laid down in Article 27 of Regulation (EEC) No 806/68 or in the other
abovementioned Regulations;
HAS ADOPTED THIS REGULATION:
                                    Article 1
1.     An annual Community tariff quota of a total volume of 18 000 tonnes
       expressed in product weight is hereby opened for high-quality beef,
       fresh, chilled or frozen covered by CN codes 02 01 and 0202 and for the
       products covered by CN codes 0206 10 95 and 0206 29 91 (...).
2.     Within the quota volume, the common customs Tariff duty applicable shall
       be 20% and the variable levy 0%.
                                    Article 2
1.     An annual Community tariff quota of a total volume of 7 000 tonnes is
       hereby opened for pigmeat, fresh, chilled or frozen covered by CN
       codes 0203 19 13 and 0203 29 15 (...)•
2.     Within the quota volume, the variable levy shall be 0%.
                                    Article 3
1.     A Community tariff quota of an annual total volume of 15 500 tonnes is
       hereby opened for poultrymeat covered by CN codes 0207 41 10, 0207 41 41
       and 0207 41 71 (...).
(3)    0J No L 148, 28.6.1968, p. 24. Regulation last amended by Regulation
       (EEC) No
(4)    OJ No L 34, 9.2.1975, p. 2. Regulation last amended by Regulation (EEC)
       No 3209/89, OJ No L 312, 27.10.1989, p. 5.
(5)    OJ No L 256, 7.9.1987, p. 1. Regulation last amended by Regulation (EEC)
       No 1001/93, OJ No L 104, 29.4.1993, p. 28.
 ---pagebreak--- 2.     Within the quota volume, the variable levy shall be 0%.
                                    Article 4
1.     An annual Community tariff quota of a total volume of 2 500 tonnes is
       hereby opened for turkeymeat covered by CN codes 0207 42 10, 0207 42 11
       and 0207 42 71 (...).
2.     Within the quota volume, the variable levy shall be 0%.
                                    Article 5
1.     An annual Community tariff quota of a total volume of 300 000 tonnes is
       hereby opened for quality wheat covered by CN codes 1001 10 00 and
       1001 90 99 (...) .
2.     Within the quota volume, the variable levy shall be 0%.
                                    Article 6
1.     An annual tariff quota of a total volume of 475 000 tonnes is hereby
       opened for brans, sharps and other residues of wheat and cereals other
       than maize and rice covered by CN codes 2302 30 10, 2302 30 90,
       2302 40 10 and 2302 40 90 (...).
2.     Within the quota volume, the variable levy shall be 0%. The Common
       Customs Tariff duty applicable shall be ECU 40,80 per tonne for products
       covered by CN codes 2302 30 10 and 2302 40 10, ECU 83,40 per tonne for
       products covered by CN code 2302 30 90 and ECU 83,00 per tonne for
       products covered by CN code 2302 40 90.
                                    Article 7
The detailed rules for this Regulation and, as appropriate,:
a)     the provisions guaranteeing the nature, provenance and origin of the
       product;
b)     the provisions relating to the recognition of the document allowing the
       guarantees referred to in (a) to be verified,
and
c)     the conditions for the issue of import licences and their term of
       validity
 ---pagebreak--- shall be adopted in accordance with the procedure laid down in Article 27 of
Regulation (EEC) No 805/68 or in the corresponding Articles of the other
Regulations on the common organization of the markets concerned.
                                     Article 8
The adjustments to the quota volumes and other quota requirements provided for
in this Regulation resulting from Decisions adopted by the Council shall be
adopted in accordance with the procedure laid down [in Article 27 of Regulation
(EEC) No 806/6 8] [or in the corresponding Articles of the other Regulations on
the common organization of the markets concerned].
                                     Article 9
Regulation (EEC) No 1058/88 is hereby repealed.
                                    Article 10
This Regulation shall enter into force on the day of its publication in the
official Journal of the European Communities.
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                               For the council
 ---pagebreak---                                                   ~f-
                                                                     ISSN 0254-1475
                                                               COM(94) 44 final
                                                      DOCUMENTS
EN                                                                     11 03 02
                                 Catalogue number : CB-CO-94-051-EN-C
                                                             ISBN 92-77-65416-3
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