CELEX: 51980PC0341
Language: en
Date: 1980-06-20
Title: Proposal for a COUNCIL REGULATION (EEC) on the determination of import duties on mixtures and sets (agricultural products) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 341
Vol. 1980/0123
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(80)341 final.
                                                    Brussels , 20 June 1980
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                                                    32
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
    on the determination of import duties on mixtures and sets
                         ( agricultural products )
             ( submitted to the Council by the Commission )
 C0M(80 ) 341 final .
 ---pagebreak---                            EXPLANATORY MEMORANDUM
                             ■ ι .                         .
The Commission has learned that certain mixtures of agricultural products are .
in trade e.g. mixtures of frozen pigmeat and beef toeat / mixtures of different
cereal groats .  The mixtures known have a composition leading to the result that
the products are not subject'to an appropriate import levy .            \
The present proposal has the aim to apply import duties on such mixtures according
to the nature of each component of the mixtures .   This procedure cannot avoid to
give the national administration and the trade additional difficulties and it is
therefore proposed to apply the system only in areas where it is known that problems
exist , i.e. Chapter 2 and 11 of the Common Customs Tariff .  If similar problems
are encountered for other products it is proposed that the Council may extend the
field of application .  Such an extension may include products put up in sets e.g.
cheeses imported on a plate together with a knife .
Furthermore , it is proposed that'the Commission in accordance with the Management
Committee may adopt specific measures if products as a consequence of a non-
traditional presentation are imported or are expected to be imported subject to .
import duties which do not raise the price of the imported prpducts to the level
which such products should attain on-importi
The proposal is considered as preventive measures against abuses and """YcTLifnit' losses
in import duties in the future but it is~~not~ possible to establish a precise estimation
as to the repercussions on the Community budget .                          '
This Regulation is based on Article 43 of the treaty and the European Parliament
must therefore be consulted .
 ---pagebreak---                                     PROPOSAL
                              Council Regulation ( EEC )
             on the determination of import duties on mixtures and sets
                               ( agricultural' products )
 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 for the Commission ;
Having regard to the opinion of the European Parliament ;
Whereas the same rate of import duty is in general applicable to a group of
products falling within a specified subheading of the Common Customs Tariff ;
whereas the whole scale of products classified in a subheading are thus to be
taken into consideration when fixing the import duties ;     whereas such
considerations must be based on products which can be considered as representative
for the group of products involved ;    whereas representative products will be
products which are known to be in trade ;»
Whereas mixtures and goods put up in sets will not normally be considered as
representative because of the complexity of such mixtures and sets ; whereas
the application of the normal import duty on such mixtures and sets will not,
 always lead to the desired result ;
 Whereas the fact that mixtures and sets are not considered as representative
 may encourage     the manufacture of mixtures or sets with a view to the
 application of a lower import duty ;
 Whereas rules should be established to ensure that mixtures and sets can be
 imported only when the appropriate import duties are charged ;     whereas it
 cannot be avoided that the application of such rules in certain cases will
 result in difficulties for botfi the administration and for traders ; whereas
 the rules should be applied only in areas where problems exist or where they
are necessary as preventive measures ;
 ---pagebreak---                                                   - 2 -
     Whereas detailed implementing rules may be necessary ; whereas such
     rules should be adopted in accordance with the procedure laid down in Article
     26 of Regulation ( EEC) No . 2727/ 75 of 29 October 1975 on the common organization
     of the market in cereals *^, as last amended by Regulation (EEC) No. 1547/79 ^2*,
     or in the corresponding Article in other Regulations on the common organization
    of markets .
    Whereas agricultural import charges are applicable to the agricultural
    products which are components of agricultural goods covered by Council
    Regulations    ( EEC ) Nos .                                                 -
    -     •            1059 / 69 of 28 May 1969 laying down the trade arrangements
          applicable to certain goods resulting from the processing of agricultural
          product     , as last amended by Regulation ( EEC ) No .     , and
                       2783/ 75 of 29 October 1975 on the common system of trade for _
           ovalbumin and lactalbumin ^ ;
    Whereas it should be possible to apply agricultural import charges on agricultural
    products whether or not processed into agricultural or other goods if such products
    are imported or are expected to be imported into the Community subject , as a        :
    consequence of a non-traditional presentation , to import duties which do not raise
    the price of the agricultural products to an appropriate level ;
    whereas such decisions should be taken very rapidly by the Commission';,
( 1 ) 0J N° L 281 , 1.11.1975 , p.        1
( 2 ) 0J N° L 188 , 26 . 7.1979 , p.      1
( 3 ) 0J N° L 141 , 12 . 6.1969 , p.      1
( 4 ) 0J N° L 282 , 1.11.1975 , p. 104
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                        Article 1
For the purposes of this Regulation
(a)   " agricultural products" means products covered by a Regulation establishing
      a common organization of the market in respect of agricultural products ;
( b)  "agricultural goods" means goods covered by Regulations ( EEC ) No . 1059/ 69
      and 2783/ 75 ;
( c)  " import duties" means customs duties and charges having equivalent effect
     as well as agricultural levies and other import charges provided for
     junder the common agricultural policy or under the specific arrangements
     applicable to certain goods obtained by processing agricultural products .
                                        Article 2
1.   Without prejudice to derogations provided for in specific rules for
     certain agricultural products, the import duties on mixtures and goods
     put. up in sets classified 'pursuant to paragraph A. 3 (b) of Section I of the
     General Rules    of the Common Customs Tariff shall be determined as
     follows :
     - components which are agricultural products or agricultural goods shall
         be assessed in accordance with the quantity, the nature and the
         characteristics of each component ;
     - other components shall be charged with the import duties applicable to
         the heading or subheading under which the mixtures or sets are classified
     However, if the importer is unable to establish the necessary particulars
     for each component, the import duties shall be charged as if the mixture
     or the set consisted only of the component subject , to the highest import
     duties .
2.   Paragraph 1 shall apply to mixtures and sets classified in Chapters 2 and
     11 of the Common Customs Tariff . The Council , acting by a qualified
     majority on a proposal from the Commission, may extend the field of
     application .
 ---pagebreak---  3.    Detailed rules for the application of this Article may be adopted in
      accordance with the procedure laid down in Article 26 of Regulation ( EEC )
      No . 2727/ 75 or in the corresponding Article      in other Regulations on the
      common organization of markets ^
                                                                          «
                                           Article 3
            '     ' .      •   „ •       s                     v            7
If agricultural products , whether or not processed into agricultural or other ,
goods ,are imported or are expected to be imported into the Community subject ,
as a consequence of a non-traditional presentation of such products or goods ,
to import duties which do not raise the price of the agricultural products to
the level which such products should attain on import from non-member States ,
the Commission may in accordance with the procedure referred to in Article
2(3 ) adopt the necessary measures .                         ,   ^
                                           Article 4
In Part I , Section I , C. ( General Rules applicable both to nomenclature and to
duties ) of the Common Customs Tariff annexed to
Regulation ( EEC ) No . 950 / 68 , the following paragraph shall be added :
       '                                          "                   >
"4 .  Without prejudice to derogations provided for in specific rules for
      certain agricultural products , the import duties on mixtures and goods
      put up in sets classified pursuant to paragraph A. 3 ( b ) within Chapters 2
      and 11  shall be determined as follows :
      - components whichare agricultural products or agricultural goods shall
         be assessed in accordance with the quantity, the nature and the
         characteristics of each component ;
                         •   -         -               \
      - other components shall be charged with the import duties applicable to
       - the heading or subheading under which the mixtures or sets are
         classified .
      However , if the importer is unable to establish the necessary particulars
      for each component , the import duties shall be charged as if the mixture
      or the set consisted only of the component subject to the highest import
      duties ".
 ---pagebreak---                                  Article 5
This Regulation shall enter into force on 1 January 1981 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done in Brussels-
                                                  For the Commission
 ---pagebreak---                    FINANCIAL              STATEMENT
                                                                               Date :   2 / 5 / 80
       BUDGET HEADING :        100 , 120 receipts                              APPR0BIAT10NS :
   2 . TITLE : Propopsal of Counc i L Regu I a 1 1 on on determmg import duties on mixtures
                 and sets .
   3 . LEGAL BASIS :      article 43 of the Treaty EEC
   4 . AIMS OF PROJECT : To apply import duties on mixtures of agricultural products
                               according to the nature of each component of the mixture ,
                                              PERIOD OF 12 MONTHS CURRENT FIMNCIAL YEAR    FOLLOWING   FINANCIAL YEAR
                                                                                                 JING FINANCI
   5 . FINANCIAL IMPLICATIONS                                                                      <    81   )
   5.0                         '
    5.1  RECEIPTS
         - OWN RESOURCES OF THE EC'                (1 )               (1 )                        (1 )
           ( LEVIES / CUSTOMS DUTIES )
                                                      1982         1983
    5.0-1 ESTIMATED EXPENDITURE
    5.1.1 ESTIMATED RECEIPTS                          (1 )            (1 )
    5.2 METHOD OF CALCULATION
    6.0 CAN THE PROJECT BE FINANCED FROM APPROBATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?
                                                                                                                  YES /
     6.1
     6.2
     6.3 WILL FUTURE BUDGET APPROBATIONS BE NECESSARY ?
                                                                                                                  YES / NO
i
•i   OBSERVATIONS          ( 1 ) The proposal /is considered as preventive measures against
                                 abuses and therefore will have a positive effect on own
                                 resources . A precise amount cannot be estimated because
                                 no reliable data is available .
>1