CELEX: 51998PC0606
Language: en
Date: 1998-10-26
Title: Proposal for a Council Regulation (EC) renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 26.10.1998
                                                     COM(1998) 606 final
                                                     98/0298 (ACC)
                                      Proposal for a
                            COUNCIL REGULATION (EC)
 renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing
certain concessions in the form of Community tariff quotas in 1995 for certain processed
                                   agricultural products
                             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1. Pursuant to Articles 76, 102 and 128 of the Act of Accession, Austria, Finland and
   Sweden had to apply, with effect from 1 January 1995, the provisions of the
   preferential agreements concluded by the Community with certain third countries
   (Switzerland and Norway), it being understood that all the amendments required as a
   result of enlargement would be the subject of additional protocols to be negotiated
   with the countries in question.
    However, the above Articles stipulate that if the protocols had not been concluded by
    1 January 1995 the Community must take the necessary steps to regulate the
    situation.
2. It is essential, therefore, to renew the autonomous transitional measures so as to take
    account of the trade arrangements for processed agricultural products which existed
    between the new Member States and the third countries in question.
   However, such measures, which should not prejudge the result of the discussions
   being held with a view to the conclusion of the additional protocols, will only be
   adopted on the express condition that the third countries concerned take reciprocal
   autonomous measures too.
                                               1
 ---pagebreak---                                         Proposal for a
                                COUNCIL REGULATION (EC)
  renewing for 1999 the measures laid down in Regulation (HC) No 1416/95 establishing
 certain concessions in the form of Community tariff quotas in 1995 for certain processed
                                    agricultural products
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 Council Regulation (EC) No 1416/95 of 19 June 1995 establishing certain
concessions in the form of Community tariff quotas in 1995 for certain processed
agricultural products1 opened tariff quotas for 1995 in favour of Switzerland and Norway
in accordance with the conditions set out in Annexes I and II thereto;
Whereas Regulation (EC) No 1416/95 was renewed for 1996, 1997 and 1998, by
Regulations (EC) No 102/96,2 No 306/973 and No 560/98 respectively;4
Whereas Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code5, as last amended by Regulation No 1677/986,
consolidated the arrangements for managing the tariff quotas to be used in chronological
order of the dates of acceptance of the declarations for release for free circulation;
Whereas it was not possible to conclude additional Protocols before 1 January 1999;
whereas, in these circumstances and pursuant to Articles 76, 102 and 128 of the Act of
Accession, the Community must adopt the measures required to remedy the situation;
whereas, therefore, it is necessary to renew the measures provided for in Regulation (EC)
 No 1416/95 for 1999,
 1
     OJ L 141, 24.6.1995, p. 1.
 2
    OJ L 19, 25.1.1996, p. 1.
 3
    OJL 51, 21.2.1997, p. 8.
 4
    OJL 76, 13.3.1998, p. 1.
 5
    OJ L 253, 11.10.1993, p. 1.
 6
     OJL 212, 30.7.1998, p. 18.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                        Article 1
1. The measures provided for in Article 1 of Regulation (EC) No 1416/95 shall be
   renewed to cover 1999.
   Annexes I and II to Regulation (EC) No 1416/95 shall be replaced by Annexes I and II
   to this Regulation.
2. If Switzerland and Norway discontinue the application of the reciprocal measures in
   favour of the Community, the Commission may, in accordance with the procedure laid
   down in Article 16 of Council Regulation (EC) No 3448/93,7 suspend application of
   the measures provided for in paragraph 1.
                                         Article 2
The tariff quotas referred to in Annexes I and II to Regulation (EC) No 1416/95 shall be
administered in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.
                                         Article 3
This Regulation shall enter into force on the seventh day following that of its publication
in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                         For the Council
7
    OJL 318, 20.12.1993, p. 18.
 ---pagebreak---                                                ANNEX
                                              'ANNEX I
                   PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999
                                          SWITZERLAND
  Order      CN code                          Description                      Autonomous Rate of duty
 number                                                                           quotas       applicable
 09.0911 1302 20 10      Pectic substances, pectinates and pectates. Dry         550 tonnes       free
 09.0912 2101 11 11      Extracts, essences and concentrates with a coffee- 1 700 tonnes          free
                         based dry matter content of 95 % or more by
                         weight
 09.0913 2101 20 20      Extracts, essences and concentrates of tea or mate"    120 tonnes        free
 09.0914 2106 90 92      Food preparations/other, containing no milk fats, 850 tonnes             free
                         sucrose, isoglucose, glucose or starch or
                         containing, by weight, less than 1.5 % milk fat, 5 %
                         sucrose or isoglucose, 5 % glucose or starch
                                             ANNEX II
                   PREFERENTIAL TARIFF QUOTAS OPENED FOR 1999
                                              NORWAY
  Order      CN code                       Description                       Autonomous        Rate of duty
 Number                                                                         quotas          applicable
09.0765 1517 1090        Margarine, excluding liquid margarine                   2 470 tonnes       free
                         Other
09.0766  2102 30 00      Prepared baking powders                                   150 tonnes       free
09.0767  2103 90 90      Sauces and preparations therefor; mixed                   130 tonnes       free
         (taric code     condiments and mixed seasonings of CN code
         90/11-90/19-    2103 90 90, other than mayonnaise
         90/98-90/99)
09.0768  2104 10 00      Soups and broths and preparations therefor                390 tonnes       free
09.0769  2106 90 92      Food preparations/other, containing no milk               510 tonnes       free
                         fats, sucrose, isoglucose, glucose or starch or
                         containing less than 1,5% milk fat, 5% sucrose
                         or isoglucose, 5% glucose or starch
09.0770  2203 00         Beer made from malt                                 4800 hectolitres       free
09.0771  2207 10 00      Undenatured ethyl alcohol of an alcohol 134 000 hectolitres                free
         (taric code 90) strength by volume of 80% vol. or
                         higher/other than those which obtained from
                         agricultural products listed in Annex II to the
                         EC Treaty
09.0772  2207 20 00      Ethyl alcohol and other spirits, denatured, of      3 340 hectolitres      free
         (taric code 90) any strength/other than those which obtained
                         from agricultural products listed in Annex II to
                         the EC Treaty
09.0773  2208 90 57      Aquavit                                               300 hectolitres      free
         (taric code 20)
09.0774  2403 10         Smoking tobacco, whether or not containing                370 tonnes      free'
                         tobacco substitutes in any proportion
 ---pagebreak---                 FINANCIAL STATEMENT
                                                                          Date: 09.09.1998
1.HUDGIT HEADING: Article 120                                      APPROPRIATIONS:
2.TITLE :
Proposal for a Council Regulation renewing for 1999 the measures laid down in Regulation (EC) No 1416/95 establishing
certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products
3.LEGAL BASIS : Article 113 and Article 76, 102, 128AA
4. AIMS : Autonomous measures vis à vis Switzerland and Norway in the framework of bilateral negotiations under
XXIV. 6 of the GAIT
5. FINANCIAL IMPLICATIONS:                            Period of 12 months           Current financial year( ) Following financial
                                                                                                                   year ( )
5.0.Lxpeiuliturcs :
- Charged to (ho IX' budget (refunds/interventions)
- National Authorities
- Other
5.1. Revenue:
- Own resources of the liC (levies/customs duties)
                                                       -11.4 mio Ecus
 5.0.1 .ESTIMATED EXPENDITURE
 5.1.1 ESTIMATED REVENUE
 5.2. METHOD OF CALCULATION :
 The loss of Customs receipts has been calculated on the basis of the value of the products imported and the Customs duty
 applicable within the quota, taking account of the reduction on MFN rates.
 6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER
                                                                                                                        yes/no
       ON TI IE CURRENT BUDGET
 6.1. CAN Till- PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET
                                                                                                                        yes/no
  6.2. WILL A SUPPLEMENTARY BUDGET BE NECESSARY
                                                                                                                        yes/no
  6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY
                                                                                                                        yes/no
  OBSERVATIONS :
 ---pagebreak---                                                                 ISSN 0254-1475
                                                           COM(98) 606 final
                                             DOCUMENTS
EN                                                           03 02   10   11
                                    Catalogue number : CB-CO-98-599-EN-C
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