CELEX: 51992PC0428
Language: en
Date: 1992-11-13
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulations (EEC) N° 2771/75 on the common organization of the market in eggs, N° 2777/75 on the common organization of the market in poultrymeat, N° 827/68 on the common organization of the market in certain products listed in Annex II to the treaty and N° 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

COMMISSION OP THE EUROPEAN COIVMUNITIES
                                       C0M(92) 428 final
                                       Brussels, 13 November 1992
                            Proposal for a
                       COUNCIL REGULATION (EEC)
     amending Regulations (EEC) N* 2771/75 on the common organization
        of the market in eggs, N* 2777/75 on the common organization
    of the market in poultrymeat, N° 827/68 on the common organization
    of the market in certain products listed in Annex II to the treaty
       and N" 2658/87 on the tariff and statistical nomenclature and
                        on the Common customs Tariff.
                    (presented by the Commission)
 ---pagebreak---                                       —  A
                              EXPLANATORY MEMORANDUM
 The attached proposal to amend the basic Council Regulations on the common
 organisations of the markets in eggs and poultrymeat concerns five points:
 1) Neither Regulation (EEC) N° 2771/75 nor Regulation (EEC) N 6 2777/75 provide
     so far for a system of import licences. The recent inclusion of tariff
     quotas for eggs and poultrymeat in a number of international agreements
     requires, for the proper management of these quotas, the application of
     import licences. It is therefore proposed to add provisions on import
     licences in the basic regulations for CM0 eggs and poultrymeat similar to
    those contained in Regulation (EEC) N° 2759/75 (CMO pigmeat).
 2) Classification problems for certain egg products have highlighted a gap in
    the Combined Nomenclature, i.e. that egg products manufactured from
    incubated or damaged eggs which have not been denatured are difficult to
    classify within CN code 0408. As a solution it is proposed to base the
    wording of the CN code 0408 on that applicable to egg albumin under
    CN code 3502.
 3) The annex to Regulation (EEC) N° 2771/75 contains the list of products, for
    the export of which refunds on their egg content may be paid. In view of
    the need to adapt this list to the changing market conditions and in order
    to facilitate these amendments, it is proposed to define this list in
    future by the Commission under the Management Committee procedure as
    already done in other sectors.
4) Regulation (EEC) N° 2777/75 covers raw fatty liver of ducks and geese, but
    not their preparations. Under Council Regulation (EEC) N° 1906/90,
    marketing standards for poultrymeat have been introduced which apply to raw
    duck and goose liver as well. In order to assure harmonized information of
    consumers and fair competition, it is considered necessary to lay down
    common standards for a number of preparations too. Before this can be
    done, these products need to be deleted from Regulation (EEC) N* 827/68,
    and included in the CMO poultrymeat which is the aim of the 4th part of the
    present proposal.
5) The customs duties for some products under the CMO for poultrymeat are
    bound in GATT. At present an import levy limited to the amount resulting
    from that binding is applicable to those products. Since the levy will
    thus only be collected if it is smaller than the customs duty, which may
    vary between 3 and 18 per cent ad valorem, it is proposed in future only to
    apply the customs duty to those products.
The measures cited under nos 1, 2, 3 and 5 are necessary to ensure the uniform
application of the community's external trade regime by all Member states.
In relation to point 4 it should be noted that although France is by far the
most important producer and consumer Member state, production is also
developing in other Member states. To avoid different national legislations
for fatty liver preparations being adopted and creating problems for intra
Community exchange, it would seem appropriate to provide the basis for the
elaboration of common standards for liver preparations in line with those
already existing for raw liver.
 ---pagebreak---                                     A   SL^
                          COUNCIL REGULATION (EEC) N°
                                       Of
      amending Regulations (EEC) N° 2771/75 on the common organization
         of the market in eggs, N* 2777/75 on the common organization
     of the market in poultrymeat, N° 827/68 on the common organization
     of the market in certain products listed in Annex II to the treaty
        and N° 2658/87 on the tariff and statistical nomenclature and
                         on the Common Customs Tariff.
THE COUNCIL OF 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(2),
Having regard to the opinion of the Economic and Social Committee^3),
Whereas it has recently been detected that classification of certain egg
products within heading 0408 of the Combined nomenclature in Annex I to
Regulation (EEC) N° 2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff^) f as last amended by Regulation
(EEC) N° ..../..(5) creates problems for the competent authorities; whereas
to remedy that situation the structure of the subheadings within heading
0408 should be improved;
Whereas Regulations (EEC) N° 2771/75(6), and (EEC) N° 2777/75(7), both as
last amended by Regulation (EEC) N* 1235/89(^), do not provide until now
for a system of import licences; whereas in view of the increasing number of
international agreements concerning inter alia trade in eggs and poultrymeat
such a system involving the provision of security as a guarantee that
importation will be effected should be introduced in these sectors too in
order that a check may be kept on the volume of imports;
(1)   O.J.  N° C
(2)   O.J.  N°
(3)   O.J.  N° C
(4)   O.J.  N° L 256, 7.9.1987, p. 1.
(5)   O.J.  N' L ....
(6)   O.J,  N° L 282, 01.11.1975', p. 49.
(7)   O.J.  N* L 282, 01.11.1975, p. 77.
(8)   O.J.  N* L 128, 11.05.1989, p. 29-
 ---pagebreak---                                           - 2 -
Whereas Article 9 of Regulation (EEC) N° 2771/75 provides for refunds on
exports to third countries of eggs and egg products also in the form of
further processed products listed in the annex thereto; whereas in order to
facilitate future amendments to this list, it should be adopted in
accordance with Article 17 of the said regulation;
Whereas prepared goose or duck liver falling under the CN subheading
1602 20 10 are covered by Regulation (EEC) N° 827/68< 9 ), as last amended by
Regulation (EEC) N° 789/89( 10 ); whereas these preparations should be
brought under Regulation (EEC) N° 2777/75 in order to be able to lay down
common marketing standards for these products necessary for assuring
harmonised information of consumers and fair competition; whereas the annex
to Regulation (EEC) N* 827/68 should be adapted accordingly;
Whereas the customs duties for some products are bound in GATT;
Whereas at present an import levy is fixed for those products; but this levy
is limited to the amount resulting from the binding of the customs duty;
whereas for the sake of simplification in future only customs duties should
be applied to those products.
HAS ADOPTED THIS REGULATION :
                                     Article 1
Regulation (EC) N° 2771/75 is hereby amended as follows :
1. Article 1(1) is replaced by the following :
                                     •Article 1
1. The common organization of the market in eggs shall cover the following
   products :
         CN Code                                 Description                    |
    1(a) 0407 00 11      Poultry eggs in s h e l l , fresh, preserved o r cooked|
         0407 00 19
         0407 00 30
    1(b) 0408 11 80      Other eggs not in shell and other egg y o l k s ,      |
         0408 19 81      fresh, dried, cooked by steaming o r by boiling in|
         0408 19 89      water, m o u l d e d , frozen o r otherwise preserved, |
         0408 91 80      whether o r not containing added sugar or other        |
         04 * 8 99 80    sweetening m a t t e r                                 |
(9)    O.J. P' L 151, 30.06.1968, p. 16.
(10)   O.J. N* L 85, 30.03.1989, p. 3.
 ---pagebreak---                                     - 3 -
2. The following Article 8 a) is inserted
                                "Article 8 a)
1. The importation into the Community of any of the products listed in
   Article 1(1) may be made conditional on the submission of an import
   licence which shall be issued by Member States to any applicant
   irrespective of the place of his establishment in the Community.
   Such licence shall be valid for an importation carried out anywhere in
   the Community.
   The issue of such licences shall be conditional on the provision of
   security as a guarantee that importation will be effected during the
   period of validity of the licence; the security shall be wholly or
   partially forfeit if importation is not effected, or is only partially
   effected, within that period.
2. Detailed rules for the application of this Article shall be adopted in
   accordance with the procedure laid down in Article 17.
3. Article 9(1) is replaced by the following
                                 -Article 9
   1. To the extent necessary to enable the products specified in Article
      1(1) to be exported, in the state referred to therein or in the form
      of products the list of which shall be adopted in accordance with the
      procedure laid down in Article 17, on the basis of prices for those
      products on the world market, the difference between those prices and
      prices within the community may be covered by an export refund."
4. Article 10 last indent shall be replaced by the following :
      " - in special cases, in respect of products specified in Article 1(1)
          which are intended for the manufacture of the products appearing
          on the list referred to in Article 9(1)."
5. The Annex I is deleted.
 ---pagebreak---                                      - 4 -
                                  Article 2
Regulation (EC) N* 2777/75 is hereby amended as follows
1. Article 1(1) is replaced by the following :
                                  "Article 1
      1.  The common organization of the market in poultrymeat shall cover
          the following products :
        CN Code                     Description of goods
    (a)    0105         Live poultry, that is to say, fowls of the
                        species Gallus Domesticus, ducks, geese, turkeys
                        and guinea fowl.
    (b) ex 0207         Meat and edible offal, of the poultry of heading
                        N' 0105 fresh, chilled or frozen, excluding
                        livers falling within subheadings 0207 31 00,
                        0207 39 90 and 0207 50
    (c)    0207 31 00   Poultry livers, fresh, chilled or frozen
           0207 39 90
           0207 50
           0210 90 71   Poultry livers salted, in brine, dried or smoked
           0210 90 79
    (d)    0209 00 90   Poultry fat (not rendered), fresh, chilled,
                        frozen, salted, in brine, dried or smoked
    (e)    1501 00 90   Poultry fat, rendered, whether or not pressed or
                        solvent-extracted
    (f)    1602 20 10   Other prepared or preserved goose or duck liver
           1602 31      Other prepared or preserved meat, or meat offal
           1602 39      of poultry of heading N* 0105'
 ---pagebreak---                                      - 5 -
2. Article 3 is replaced by the following :
                                  "Article 3
     1.  For products falling within subheadings 0207 31 00, 0207 39 90,
         0207 50, 0210 90 71, 0210 90 79, 1501 00 90, 1602 20 10, 1602 31,
         1602 39 19, 1602 39 30 and 1602 39 90 of the combined nomenclature
        customs duties laid down in the tariff shall apply.
    2.  For products referred to in Article 1(1) other than those listed in
        paragraph 1 of this Article a levy fixed in advance for each quarter
        in accordance with the procedure laid down in Article 17 shall be
        charged on imports into the Community."
3. Article 5(2) is deleted and paragraph 3 of that Article becomes
   paragraph 2.
4. The following Article 8 a) is inserted :
                                 "Article 8 a
1. The importation into the Community of any of the products listed in
   Article 1(1) may be made conditional on the submission of an import
   licence which shall be issued by Member States to any applicant
   irrespective of the place of his establishment in the Community.
   Such licence shall be valid for an importation carried out anywhere in
   the Community.
   The issue of such licences shall be conditional on the provision of
   security as a guarantee that importation will be effected during the
   period of validity of the licence; the security shall be wholly or
   partially forfeit if importation is not effected, or is only partially
   effected, within that period.
2. Detailed rules for the application of this Article shall be adopted in
   accordance with the procedure laid down in Article 17.
 ---pagebreak---                                         - 6 -
                                      Article 3
 In the annex to Regulation (EEC) N° 827/68, the following heading and
subheading of the Combined Nomenclature are deleted :
         ex 16 02 20              -       of liver of any animal :
            16 02 20 10           - -     Goose or duck liver.
                                      Article 4
In Annex I to Council Regulation (EEC) N* 2658/87, heading 0408 is replaced
by the following :
                                                         Rate of duty
                                                     autonomous
       CN                                                 (%)    conven- Supple-
     code                  Description                     or    tional mentary
                                                         levy      (%)     unit
                                                        (AGR)
         1                      2                           3       4       5
  0408         Birds' eggs, not in shell, and egg
               yolks, fresh, dried, cooked by
               steaming or by boiling in water,
               moulded, frozen or otherwise pre-
               served, whether or not containing
               added sugar or other sweetening
              matter :
               - Egg yolks :
  0408 11      —  Dried :
  0408 11 20       Unfit for human consumption (2)       free      free     -
  0408 11 80       Other                              22 (AGR)      -       -
  0408 19      —  Other :
  0408 19 20       Unfit for human consumption (2)       free      free
                   Other :
  0408 19 81        Liquid                            22 (AGR)      -       -
  0408 19 89        Other, including frozen           22 (AGR)
                                                                                •
              - Other :
 0408 91      —   Dried :
  0408 91 20       Unfit for human consumption (2)       free      free     -
  0408 91 80       Other                              22 (AGR)      -
 0408 99      —   Other :
 0408 99 20        Unfit for human consumption (2)       free      free     -
 0408 99 80        Other                              22 (AGR)              -
(2)     Entry under this subheading is subject to conditions laid down in the
        relevant Community provisions.
 ---pagebreak---                                     - 7 -
                                  Article 5
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                             For the Council,
                                       The President,
 ---pagebreak---                                              — ~K  —
         FINANCIAL STATEMENT
 1.  BUDGET HEADING     : Chap. 24                         APPROPRIATIONS : 259  MlO ECU
 2.  TITLE :
     Draft Council Regulation amending R.2771/75 on the common organization of the market
     in eggs, R.2777/75 on the common organization of the market in poultrymeat,
     R.2658/87 on the tariff and statistical nomenclature and on the common customs Tariff
     and R.827/68 on the common organization of the market in certain products listed
     in Annex II to the Treaty.
 3.  LEGAL BASIS          Art. 43 of the Treaty
 4. AIMS OF THE PROJECT       :
   - Add provisions on import licenses in the basic regulations for CMO eggs and
     poultrymeat similar to those contained in R.2759/75 (pigmeat).
   - Create new CN subheadings for egg products manufactured from incubated or damaged eggs
     which have not been denaturated.
   - Proposal to define the list of non Annex II products for the export of which refunds
     may be paid under the management committee procedure
   - Include preparations of raw fatty liver of ducks and geese in the CMO poultrymeat
     in order to lay down common standards for a number of preparations.
   - Apply customs duty to GATT bound products only
                                               PERIOD OF         CURRENT FI-    FOLLOWING
5.   FINANCIAL IMPLICATIONS                      12 MONTHS       NANCIAL YEAR   FINANCIAL
                                                                    (1992)      YEAR (1993)
5.0   EXPENDITURE
      - CHARGED TO THE EC BUDGET                  p.m.              p.m.           p.m.
         (REFUNDS/INTERVENTIONS)
      - NATIONAL ADMINISTRATION
      - OTHERS
5 .1 RECEIPTS
      - OWN RESOURCES OF THE EC                   p.m.              p.m.           p.m.
         (LEVIES/CUSTOMS DUTIES)
      - NATIONAL
                                          1994           1995            1996        1997
5.0.1   ESTIMATED EXPENDITURE             p.m.          p.m.           p.m.          p.m.
5.1.1   ESTIMATED RECEIPTS                p.m.          p.m.           p.m.          p.m.
5.2   METHOD OF CALCULATION :
6.0   CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
      CHAPTER OF THE CURRENT BUDGET ?                                             YES / NO
6.1   CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE
      CURRENT BUDGET ?                                                            YES / NO
6.2   IS A SUPPLEMENTARY BUDGET NECESSARY ?                                       YES / NO
6.3   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                            YES / NO
OBSERVATIONS :
 ---pagebreak---                                                                        ISSN 0254-1475
                                                                COM(92) 428 final
                                                        DOCUMENTS
EN                                                                                03
                                 Catalogue number : CB-CO-92-443-EN-C
                                                              ISBN 92-77-47996-5
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