CELEX: 51972PC1386
Language: en
Date: 1972-12-20
Title: PROPOSAL FOR A REGULATION OF THE COUNCIL (EEC) amending Regulation (EEC) N° 827/68 and making consquential amendments to Regulations N° 1009/67/EEC, (EEC) N°950/68 and (EEC) N° 2358/71 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1386
Vol. 1972/0180
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 ---pagebreak--- COMMISSION OF THE EUSOPEAN COMMUMTTES
                                                  COM(72 ) 1386
                                                  Brussels , 20 december 1972
                                 PROPOSAL FOR A
                            REGULATION OP THE COUNCIL ( EEC )
              amending Régulation (EEC ) N° 827/ 68 and. making consquential
                amendments to Régulations N° 1009/67/EEC t (EEC ) No950/68
                              and (EEC ) N° 2358/71
                    ( submitted to the Council "by the Commission)
  C0M(72 ) 1386 final
 ---pagebreak---                                                          VI/3369/72 - E
                         EXPLMATORY MCMORÂNTîTM
This proposal for a Regulation sedc.s to achieve the following objects :
a) Regulation (EEC ) IT0 827/68 of the Council of 30 June 1968 on the
      common organization of the market in certain products listed in
      Annex II to the Treaty ( OJ N° L 151 , 30 June 1968 , p. 16) does not ;
      provide for a system of refunds to third countries .
     Because of this , Member States may at present grant national aid
     for their sales of pure-bred breeding animals on the world market ,
      on condition that the aid "is not deverted towards intra-Community
     trade .
     This situation has led to disparities between operators of Member
     States trading on the world market . It therefore appears necessary
     to harmonize the systems of aid for export to third countries by
     establishing a Community system , whereby it will be possible to grant
     refunds allowing the export of pure-bred breeding animals of the
     main species ( cattle , horses , sheep , pigs and goats ). It goes
     without saying that refunds will' only be granted in the cases , and
     to the extent , which may be strictly necessary.
 b ) It also kppears appropriate to include honey within the scope of
     that Regulation. This product has not as yet been included in the
     common organization of the markets , nor does it seem necessary
     to establish a specific organization for it , because not only is
     two-thirds   of the honey consumed in the Community imported from
     third countries , but that produced in the Community comes mostly
     from producers for whom beekeeping is a secondary activity. Moreover
     it should be stressed that the Common Customs Tariff , in fixing
     the rate of duty for this product at 27$, does afford a measure
     of protection against imports : this protection is further
     consolidated by the GATT arrangements. Finally, Article 3 of
     Regulation (EEC ) IT0 827/68 provides for certain protective
     measures which could in future also be applied for the benefit of
     the Community producers concerned.
 ---pagebreak---                                                         VI/3369/72 - E
 c ) In amending Regulation (EEC ) N° 827/ 68 as above , it should be
     noted that there are no longer any grounds for exempting coffee
     from the scope of that Regulation , given that , as far as raw coffee
     is concerned , all Member States will in future apply the rate of duty
     set out:Ki the Common Customs Tariff , suspended at the level laid
     down in Council Regulation (EEC ) U° 2634/70 of 14 December 1970 »
     amending Regulation (SEC ) N° 950/68 on the Common Customs Tariff ,
     and suspending certain autonomous customs duties thereof .
     This product should therefore be included within the scope of
     Regulation (EEC ) IT0 827/68.
d)   It should be noted that the inclusion of both honey and coffee in
     Regulation (EEC ) N0 827/68 has nerely a declaratory effect as far
     as Articles 2 and 4 are concerned.
 Moreover , since the list of products in the Annex to Regulation (EEC )
     827/68 has been amended several times since the entry into force
 of the latter , it has seemed advisable to recast this list , without ,
 however    introducing any substantial amendments . This in turn has
 necessitated amendments to the "texts of certain other Community
 Regulations : it is proposed that the Council adopt these consequential
 amendments as part of this Regulation.
 ---pagebreak---                                                                   VT/3369/72 - P
                                PROPOSAL FOR A
                     REC-ULATIOIT 07 TIIE COUMCIL (EEC )
      amending Régulation (EEC ) N° 827/68 and making consquential amendments
             -to Régulations 1-1° IOO9/67 /EEC , (EEC ) ÎT° 950/68 and (EEC ) N°2358/7I
THE COUITCIL OP TEE EUROPEAH C0MKIMITIE3 ,
Having regard to the Treaty establishing the European Economid Community ,
and in particular Articles 42 and 43 thereof ;
Having regard to the Proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
/Whereas , in order to promote the harmonious attainment of the objectives of
Article 39 of "the Treaty throughout the Community , it is desirable that
inequalities between producers arising out of differences between national
systems of aid for the export of pure-bred breeding animals should be
eliminated; whereas , therefore , provision should be made enabling the grant
of the Community aid necessary to allow pure-bred breeding animals of the
main species to be exported;
Whereas , it is . therefore desirable to amend Council Regulation (EEC )
H"° 827/68 of 28 June 1968 , on the common organization of the market in
certain products listed in .Annex II to the Treaty, ( l ) as amended by
Regulation (EEC ) IT0 2727/7I ( 2 ), by adding to it provisions comparable to
those existing in other sectors of the common organization of markets ;
                                                                                »•# / • * •
81 OJOJ N° LL 151  ,
               282 ,
                      30 June 1968 , p. 16.
                      23 December 1971 , p. 8.
 ---pagebreak---                                          - 2 -                 VI/3369/72-3
"hereas , in view of the relatively high level of customs protection applied
 to honey , and of the faot that the Community 's needs of it are largely met
"by imports , bee-keeping "being mostly a secondary activity in the Community ,
 it does not appear neoessary to establish a speoific organisation of the
market for it \
Whereas there are no longer any grounds for exempting coffee from the scope
of that Regulation , in view of the fact that the exceptions which were previous­
ly     made in the case of      raw coffee no longer have effect and that all
Member States now apply the rate of duty prescribed in the Common Customs
Tariff, suspended at the level laid down in Counoil Regulation ( EEC ) ITo 2634/70
of 14 December 1970» amending Regulation "( EEC ) ITo 950/68 on the Common Customs
Tariff and suspending certain autonomous sustoms duties thereof (3 )1
Whereas , in view of the many amendments made to the list of products in the ,
Annex to Regulation ( EEC ) No 827/68 since the entry into force of the Regulation ,
it seems advisable that reoast the list be the recast which aiso necessitates
consequential amendments to certain other- Community Regulations ;
HAS ADOPTED THIS REGULATION :
                                          Article 1
The following Article 2a is inserted after Article 2 of Regulation ( EEC )
No 827/68 :
"Article 2a
1.          To the extent neoessary to enable pure–bred breeding animals of the
            bovine , horse , pig, goat , and sheep species within headings 01.01,
            01.02 , 01.03 and 01 . 04 respectively of the Common Customs ■ Tariff
            to be exported , an export refund may be granted.
                                                                           ./•
( 3 ) 0J 110 L 283 , 29 December 1970 , p . 1
 ---pagebreak---                                        - 3 -
 2.  The refund shall "be the samefor "the vrhole Community. It may "be varied
     aooording to destination. The fixed refund will be granted on the application
      of the party concerned.
3.   The Council , acting in accordance with the voting procedure provided
     for in Article 43 ( 2) of the Treaty on a proposal from the Commission, shall
     lay down general rules for the fixing and granting of export refunds .
4»   The list of products on which an export refund is granted and the amount
     of such refund shall "be fixed according to the procedure laid down in
     Article 6 whenever this proves necessary.
     T'Jhere neoossary , the Commission may, at the request of a Member State
     or on its cwn initiative , alter the refund for a period not exoeeding
     three months .
5 . Detailed rules for the application of this artiole chall be laid down
     in accordance with the procedure provided for in Article 6 ."
                                         Article 2
The Annex to Regulation ( EEC ) 31o 827/ 68 is replaoed by Annex I to this
Regulation.
                                         Artiole 3
In Article I ( l)(e) of Council Regulation Fo 1009/ 67/3EC of 18 December 19^7 »
on the common organization of the market in sugar ( 4)» as last amended by
Regulation ( SEC ) Ho 507/72 ( 5)i the number of the Common Customs Tariff
" ex 23.03 B" is replaced by "23.03 3.1 .
                                         Article 4
In Artiole 1 of Council Regulation ( ESC ) Eo 2358/ 71 of 26 October 1971 on
the common organization of the market in seeds ( 6 ), the number of the
( 4) OJ îTo 308, 18 Decenber 1967 , p. 1 .
( 5) OJ ÎTo L 75 , 28 March 1972 , p. 4.
( 6) OJ Ho L 246 , 5 November 1971 » P « !•
 ---pagebreak---                                         - 4 -
Common Customs Tariff and the description " ex 07.05 dried leguminous
vegetables for sowing" is replaced "by the following :
 " 07.05 , dried leguminous vegetables , shelled , whether or not skinned or split ,
 intended for sowing".
                                        Artiole 5
Regulation ( EEC ) ITo 550/ 58 of the Council of 28 June 1968 on the Common
Customs Tariff (7 )1 as last amended "by Regulation ( EEC ) ITo L 347/72 ( 8),
is amended in acoordanoe with Annex II to this Regulation .
                                        Artide 6 ■
This Regulation shall "be binding in its entirety and direotly applicable
in all     Member States .
This Regulation shall enter into force on
Done at Brussels ,                                     For the Council
                                                         The Président
( 7 ) OJ Ho L 172 , 22 July 1968 , p. 1 .
( 8) OJ îlo L 148 , 30 June 1972 , p. 4.
 ---pagebreak---                                          AlflîSX
                    Financial implications of the proposal for a
                    Regulation of the Council amending Regulation
                    ( 3EC ) IT O 827/68 and making consequential amend­
                    ments to Regulations Hos IOO9/67/ESC , ( SSC ) 950/68
                                     and ( EEC ) 2358/71
The financial consequences of this proposal are limited to the following
- tho inolusion in Regulation ( 5LDC ) No 827/68 of provisions allowing
    for the grajit of refunds to enable of pure-bred breeding animals of
    the main species ( bovine animals , horses , pigs , sheep and goats ) to
   -be ezportedj
– the inclusion of honey and ooffee within tho scope of Regulation ( 3EC )
    Ho 827/68 ,
The cost of the granting of refunds depends on the amounts of tho grants
fixed for the different speoies and on            the quantities exported .
With regard to the quantities , the following table shows the export trend
m the past years .
                     Exports from the Community of "Six" to third
                     oountries ( not including the acoeding countries )
                     of puro–bred breeding cattle ( head)
 Year ,     Bovine
                                 Hors es
                                                                                !
                                                     Sheep           ■ Pigs
            animais                                                             !
                                                                                1
 1967,    .  8.702                305 .            . 1.940              966
 1963 ,     12.810                313                4.224            1.605
 1969       19.231                330                3.695            1.288
                                                                                f
 1970       17.771                379                3.865           3.093      !
 1971       16.625                427                2.347           2.265
The available statistics for goats do not include details concerning pure­
bred breeding animals . Since the total number of domestic goats exported
has varied over the years between 33 and 156 , tho export of pure–bred
breeding animals ot his species will be negligible .
                                                                            ./•
 ---pagebreak--- It should be noted that Germany is responsible for the increase in the
number of breeding cattle exported s
exports from Germany increased from 1.238 head in 19&7       10.134 head in 1971 *
The statistics available from the acceding countries present difficulties
of comparison and are lacking in detail thus preventing an estimate of ex­
ports of pure–bred breeding animals of the species in question.
As far as the amount of the refund is concerned, it must be noted that the
proposal merely enables the possibility fixing of an amount . Moreover ,
Article 1 ( 3 ) of the proposal provides that the Council shall lay down general
rules for the fixing and granting of export refunds . A further proposal vrill
be submitted concerning these general rules . The absence of any criteria for
fixing the amount of the refunds , as well as the fact that , in the past , the
amount of the refunds granted by national authorities has varied widely between
the Ilember States ( ranging from a maximum of 273 units for account per head
of breeding cattle in one to the complete abzenoe of export refunds in others ),
prevent an estimate of the amounts of refunds to be fixed under this proposal
and of the resulting total expenditure . If expenses are incurred they should
be oharged to Article 76O of the budget of the European Communities entitled
" Other common organizations of the market ". The time-lag required for im­
plementation makes such expenses likely to arise only from 1973 onwards .
In practice the inclusion of honey and of coffee in Regulation ( EEC ) Ho 827/68
will not , have any financial implications : at the most , application of the
safeguard provisions provided for in Article 3 of that Regulation might in
Theory have repercussions of uncertain financial effect .