CELEX: 31989R3899
Language: en
Date: 1989-12-18 00:00:00
Title: Council Regulation (EEC) No 3899/89 of 18 December 1989 reducing for 1990 the levies on certain agricultural products originating in developing countries

30 . 12 . 89                           Official Journal of the European Communities                          No L 383 / 125
                                      COUNCIL REGULATION (EEC) No 3899/89
                                                    of 18 December 1989
                   reducing for 1990 the levies on certain agricultural products originating in developing
                                                           countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas, since 1 March 1986, the Kingdom of Spain
                                                                   and the Portuguese Republic have been applying the
Having regard to the Treaty establishing the European              Community system of generalized preferences ; whereas
Economic Community, and in particular Article 43                   the levies applied on the import into those Member
thereof,                                                           States of products subject to a common organization of
                                                                   the market shall be established in accordance with cer­
                                                                   tain provisions of the Act of Accession ;
Having regard to the Act of Accession of Spain and
Portugal, and in particular Article 234 (3) thereof,               Whereas it is expedient that the Community should
                                                                   authorize the importation of the products referred to in
Having regard to the proposal from the Commission,                 the Annex, originating in the countries and territories
                                                                   benefiting from the Community generalized system of
                                                                   preferences, subject to the levies given in respect of
Having regard to the opinion of the European Parlia­               each of them ; whereas the benefit of such preferential
ment 0),                                                           terms should be reserved for products originating in the
                                                                   countries and territories under consideration, the con­
Whereas both Poland and Hungary have seen their                    cept of 'originating products' being adopted in accord­
economic situation decline to the point where they face            ance with Regulation (EEC) No 693 /88 (2);
similar problems as those countries to which the gener­
alized preferences have applied in the past ; whereas              Whereas the Republic of Korea does not treat the Com­
they should therefore benefit from the system of gener­            munity on an equal footing with other trade partners
alized preferences in order to increase their export               and whereas it has taken discriminatory measures in
earnings with a view to stimulate their economic                   respect of the Community in the sphere of the protec­
development, to promote their industrialization and to             tion of intellectual property ; whereas therefore it is
accelerate their rate of growth ; whereas the benefit              inappropriate that the Republic of Korea should bene­
should only be accorded for the duration of their                  fit from the system of generalized tariff preferences as
economic restructuring, estimated at five years, without           long as this practice continues ;
prejudice to the annual character of the Community's
system of generalized preferences ;                                Whereas all interested Community traders should be
                                                                   ensured equal and continuous access to the said fixed
                                                                   amount and the rate of the levy laid down for that final
Whereas, in view of the situation on agricultural mar­             amount should be applied consistently to all imports of
kets both inside and outside the Community and tak­                the products in question into all Member States until
ing account of the Community's interest in maintaining             the volumes laid down are exhausted ;
harmonious relations in agricultural trade with devel­
oping countries, in particular in the context of the sys­          Whereas the procedure for implementing this Regula­
tem of generalized preferences, adjustments should be              tion should be adopted in accordance with the proce­
made to certain specific aspects of the common organi­             dure laid down in Article 24 of Council Regulation
zations of the agricultural markets ;                              (EEC) No 2759/75 of 29 October 1975 on the common
                                                                   organization of the market in pigmeat (3) or the corres­
Whereas to this end a preference should be granted                 ponding procedure in other Regulations on the com­
consisting, according to the product concerned, in a               mon organization of the market for the products con­
reduction of the import levy within the limits of a fixed          cerned,
quota ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the temporary and non-binding nature of the
system of generalized preferences means that the offer                                          Article 1
may be withdrawn wholly or in part at a later stage,
thus maintaining the possibility of remedying any                  1 . Fjom 1 January to 31 December 1990 a reduced
unfavourable situations which might arise, including in            levy shall apply to imports into the Community of the
the African, Caribbean and Pacific States (ACP States)             products listed in the Annex, subject to the conditions
following the implementation of the system ;                       set out therein .
(') Opinion delivered on 14 December 1989 (not yet pub­            (2)  OJ No L 77, 22 . 3 . 1988 , p. 1 .
     lished in the Official Journal).                              0    OJ No L282, 1 . 11 . 1975, p. 1 .
 ---pagebreak--- No L 383 / 126                           Official Journal of the European Communities                                 30. 12 . 89
With regard to Spain and Portugal, the reduction prov­                                        Article 4
ided for in the preceding subparagraph shall apply to               If the Commission discovers that products covered by
the import charge applicable under the provisions of                the arrangements laid down in Article 1 are being
the 1985 Act of Accession .                                         imported into the Community at such prices that they
2. The arrangements laid down in paragraph 1 shall                  cause or threaten to cause serious injury to Community
apply only to products originating in the countries or              producers of like or directly competing products, the
territories listed in Annexes III and V to Council Regu­            levies applied in the Community may be partly or com­
lation (EEC) No 3898/89 (! ).                                       pletely re-established for the products concerned with
                                                                    regard to the countries or territories causing the injury.
3 . The preferences granted by this Regulation shall be             Such a measure may also be taken in the case of serious
suspended, on a temporary basis, for products originat­             injury or the threat of serious injury to a specific region
ing in the Republic of Korea.                                       of the Community.
4. Preferential entry as provided for in this Regulation                                      Article 5
shall be subject to compliance with the rules of the ori­
gin of products determined by Commission Regulation                 1 . In order to apply Article 4, the Commission may
(EEC) No 693/88.                                                    decide, by adopting a Regulation, to re-establish the
                                                                    normal levy for a given period.
5. The fixed reduced-levy amounts shall be adminis­                 2.   Should a Member State ask the Commission to
tered in accordance with the following provisions.                  take such action, the Commission shall take a decision
                           Article 2                                within a maximum of 10 working days of receipt of the
                                                                    request and shall inform the Member States of its deci­
 1 . The products appearing in the Annex shall be                   sion .
entered for import into the Community subject to the
                                                                    3 . Any Member State may refer to the Council the
reduced levies given in respect of each of them, within
the framework of the fixed reduced-levy amounts, the                measure taken by the Commission within 10 working
volume of which is indicated in column 5 of the said                days following the day on which it was informed there­
Annex.                                                              of. Such referral shall not have the effect of suspending
                                                                    the measure. The Council shall meet forthwith. It may,
2. Imports subject to a reduced levy under other                    acting by a qualified majority, amend or cancel the
Community preferential arrangements shall not be                    measure in question within a period of 30 days from
charged against the fixed amounts listed in the Annex.              the date of referral .
                            Article 3                                                         Article 6
 1 . Without prejudice to the provisions of Article 1 (4),          Articles 4 and 5 shall not prejudice the application of
the detailed rules of application of Article 1(1 ) shall be         the safeguard clauses adopted pursuant to Article 43 of
adopted in accordance with the procedure of Article 24              the Treaty within the framework of the common agri­
of Regulation (EEC) No 2759/75 or that of corres­                   cultural policy or pursuant to Article 1 13 of the Treaty
                                                                    within the framework of the common commercial
ponding Articles of the other Regulations on the com­
mon organization of the market for the products con­                policy, or any other safeguard clauses which might pos­
cerned, in particular those ensuring the administration             sibly be applied.
of the fixed amounts provided for in the Annex.                                               Article 7
 2. To that end a system of import certificates shall be            This Regulation shall enter into force on 1 January
 introduced for the products appearing in the Annex.                 1990.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 18 December 1989.
                                                                                           For the Council
                                                                                            The President
                                                                                             R. DUMAS
(')  See page 90 of this Official Journal.
 ---pagebreak--- 30. 12 . 89                                  Official Journal of the European Communities                                                 No L 383 / 127
                                                                         ANNEX
                                                     List of products referred to in Article 1 (1 ) (a)
   Order              CN                                                                                                             Fixed amount
    No               code                                Description                                    Rate of duty                   (in tonnes)
    (1)               (2)                                    (3)                                             (4)                            (5)
 51.0010          0203 29 13    Loins and cuts thereof, of domestic swine, with                         50 % (AGR)                         4 000
                                bone in, frozen
               ex 0203 29 55    Loins, of domestic swine, boneless, frozen
 51.0020          0207 10 59    Ducks, plucked and drawn, without heads and feet                        50 % (AGR)                         3 000
                  0207 2J19     and without hearts, livers and gizzards, known as
                                '63 % ducks', or otherwise presented, fresh, chilled
                                or frozen
  51.0030         0207 10 79    Geese, plucked and drawn, without heads and feet,                       50 % (AGR)                       25000
                  0207 23 59    with or without hearts and gizzards, known as '75 %
                                geese', or otherwise presented, fresh, chilled or
                                frozen
                  0207 39 53    Cuts of geese, boneless, fresh, chilled or frozen
                  0207 43 1 1
                  0207 39 61    Halves, or quarters, of geese, fresh, chilled or frozen
                  0207 43 23
               ex 0207 39 65    Whole wings, with or without tips, of geese, fresh,
               ex 0207 43 31    chilled or frozen
               ex 0207 39 67    Backs, necks, backs with necks attached, rumps and
               ex 0207 43 41    wing tips, of geese, fresh, chilled or frozen
                  0207 39 71    Breasts and cuts thereof, of geese, fresh, chilled or
                  0207 43 51 -  frozen
                  0207 39 75     Legs and cuts thereof, of geese, fresh, chilled or
                  0207 43 61    frozen
               ex 0207 39 81    Goose paletots, fresh, chilled or frozen
               ex 0207 43 71
  51.0040                        Meat of domestic swine, salted or in brine :                           50 % (AGR)                          2 000
                  0210 11 11    —     Hams and cuts thereof
                  0210 12 11    —     Bellies (streaky) and cuts thereof
                  0210 19 40    —     Loins and cuts thereof
  51.0050          1108 13 00    Potato starch                                                          50 % (AGR)                          5 000
  51.0060          1601 00 91    Sausages and similar products, other than of liver,                    50% (AGR)                           4 000
                                 dry or for spreading, uncooked
  51.0070          1601 00 99   Other sausages, not of liver                                            50 % (AGR)                          1 500
  51.0080          1602 49 15   Other prepared or preserved meat, of domestic                           50 % (AGR)                          6 800
                   1602 49 19    swine
(a) 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 preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes.
     Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken
     together.