CELEX: 52008PC0555
Language: en
Date: 2008-09-16
Title: Proposal for a Council Regulation concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cuba pursuant to Article XXIV:6 of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

EN
EN    EN
 ---pagebreak---                     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        Brussels, 16.9.2008
                                                        COM(2008) 555 final
                                                        2008/0179 (ACC)
                                           Proposal for a
                                  COUNCIL REGULATION
   concerning the implementation of the Agreement in the form of an Exchange of Letters
      between the European Community and the Republic of Cuba pursuant to Article
   XXIV:6 of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No
    2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
                                 (presented by the Commission)
EN                                              1                                       EN
 ---pagebreak---                        EXPLANATORY MEMORANDUM
   1. Reference is made to Council Decision XXXX, regarding the conclusion of an
      Agreement with the Republic of Cuba following negotiations in the framework of
      Article XXIV:6 of GATT 1994.
   2. The present proposal for a Council Regulation implements the Agreement entered
      into by the Community.
EN                                       2                                           EN
 ---pagebreak---                                                              2008/0179 (ACC)
                                               Proposal for a
                                      COUNCIL REGULATION
     concerning the implementation of the Agreement in the form of an Exchange of Letters
        between the European Community and the Republic of Cuba pursuant to Article
     XXIV:6 of GATT 1994, amending and supplementing Annex I to Regulation (EEC) No
      2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   133 thereof,
   Having regard to the proposal from the Commission1,
   Whereas:
   (1)     Council Regulation (EEC) No 2658/872 established a goods nomenclature, hereinafter
           referred to as the ’Combined Nomenclature’, and set out the conventional duty rates of
           the Common Customs Tariff.
   (2)     By its Decision XX/XXX/EC of [day month] 2008 on the conclusion of an Agreement
           in the form of an Exchange of Letters between the European Community and the
           Republic of Cuba, the Council approved, on behalf of the Community, the above-
           mentioned Agreement with a view to closing negotiations initiated pursuant to Article
           XXIV: 6 of GATT 1994.
   (3)     Regulation (EEC) No 2658/87 should therefore be amended and supplemented
           accordingly,
   HAS ADOPTED THIS REGULATION:
                                                  Article 1
   In Regulation (EEC) No 2658/87, Annex 7 entitled "WTO tariff quotas to be opened by the
   competent Community authorities", of Section III of Part Three of Annex I, shall be
   supplemented with the volumes shown in the Annex to this Regulation.
   1
           OJ C […], […], p. […].
   2
           OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 129/2007 (OJ L 56,
           23.2.2007, p. 1).
EN                                                     3                                                 EN
 ---pagebreak---                                                 Article 2
   This Regulation shall enter into force on the day following that of its publication in the
   Official Journal of the European Union.
   It shall apply two months after the date of the signed letter from the Republic of Cuba.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, […]
                                                 For the Council
                                                 The President
                                                 […]
EN                                                  4                                             EN
 ---pagebreak---                                               ANNEX
   Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording
   for the description of the products is to be considered as having no more than an indicative
   value, the concessions being determined, within the context of this Annex, by the coverage of
   the CN codes as they exist at the time of adoption of the present Regulation. Where ex CN
   codes are indicated, the concessions are to be determined by application of the CN code and
   corresponding description taken together.
EN                                                5                                              EN
 ---pagebreak---    In Regulation (EEC) No 2658/87, Annex 7 entitled ‘WTO tariff quotas to be opened by the
   competent Community authorities’, of Section III of Part Three of Annex I, the other terms
   and conditions are the following:
   CN Code       Description                                                  Other terms       and
                                                                              conditions
   Tariff item Raw cane sugar, for refining                                   Add a country
   numbers                                                                    allocation of 20000
                                                                              tonnes for Cuba for
   1701 11 10                                                                 marketing year
                                                                              2008/2009 in the
                                                                              EC tariff rate quota,
                                                                              in-quota rate 98€/t.
                                                                              Add a country
                                                                              allocation of 10000
                                                                              tonnes for Cuba as
                                                                              from marketing
                                                                              year 2009/2010 in
                                                                              the EC tariff rate
                                                                              quota, in-quota rate
                                                                              98€/t.
EN                                            6                                                  EN
 ---pagebreak---          LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A
        BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE
   1.        NAME OF THE PROPOSAL:
             Proposal for a Council Regulation concerning the implementation of the Agreement
             between the European Community and the Republic of Cuba relating to
             compensatory adjustment as provided for by Article XXIV:6 of GATT 1994.
   2.        BUDGET LINES:
             Chapter and Article: Chapter 10 - Agricultural duties
             Amount budgeted for the year concerned: 1 683.2 Mio €
   3.        FINANCIAL IMPACT
                    Proposal has no financial implications
             ⌧      Proposal has no financial impact on expenditure but has a financial impact on
                    revenue – the effect is as follows:
                                                                             (€ million to one decimal place)
   Budget line                      Revenue3                    12 month period,             Year 2008
                                                             starting dd/mm/yyyy
   Article 100…         Impact on own resources                        […]                       - 2.4
   Article …            Impact on own resources                        […]                       […]
                                       Situation following action
                              [n+1]              [n+2]           [n+3]            [n+4]             [n+5]
   Article …
   3
           Regarding traditional own resources (agricultural duties, sugar levies, customs duties) the amounts
           indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs.
EN                                                       7                                                     EN
 ---pagebreak---    Article …
   4.        ANTI-FRAUD MEASURES
   5.        OTHER REMARKS
EN                               8 EN