Avis juridique important

Council Regulation (EEC) No 2109/92 of 13 July 1992 reducing the variable components applicable to certain goods originating in the Czech and Slovak Federal Republic resulting from the processing of agricultural products referred to in the Annex to Regulation (EEC) No 3033/80 (1992) Official Journal L 212 , 28/07/1992 P. 0004 - 0008

COUNCIL REGULATION (EEC) No 2109/92 of 13 July 1992 reducing the variable components applicable to certain goods originating in the Czech and Slovak Federal Republic resulting from the processing of agricultural products referred to in the Annex to Regulation (EEC) No 3033/80 (1992) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1) which establishes the method of calculation of variable components applicable to goods referred to in its Annex; Whereas Article 2 (2) of Protocol No 3 to the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, on trade and trade related matters (2) provides that account shall be taken of the measures adopted pursuant to Article 14 of the Interim Agreement to determine the agricultural levy component; whereas the said measures provide in particular for a 20 % levy reduction applicable to milk powder and butter and to barley within the limits of traditional imports of these products increased by 10 % for the year 1992; Whereas it is not possible for the year 1992 to establish a method of administrative cooperation permitting equivalent reductions to be granted for these agricultural products used in the manufacture of goods listed in Table 1 of the Annex to Protocol No 3 to the Interim Agreement; whereas, however, an equivalent method should be adopted in order to take account of the measures adopted for the agricultural products contained in the said goods; Whereas Council Regulation (EEC) No 521/92 of 27 February 1992 opening and providing for the administration of Community tariff quotas and tariff ceilings for certain agricultural and industrial products, originating in Hungary, Poland and the Czech and Slovak Federal Republic (CSFR) (1992) (3), establishes the rules necessary to administer the quotas; whereas Annex II thereto needs to be supplemented by the elements necessary for the administration of the quotas of this Regulation; Whereas one method is to provide for reductions in the variable components within the limits of a quota established on the basis of the value of the goods subject under the Interim Agreement to the collection of an agricultural levy component imported from the Czech and Slovak Federal Republic during 1990, increased by 10 % for the year 1992; Whereas the value of imports of the goods concerned totalled ECU 3 624 000 in 1990; whereas the Interim Agreement applies only from 1 March 1992; Whereas Regulation (EEC) No 520/92 (4) adopted in particular detailed rules of application of Articles 24 and 25 of the Interim Agreement; whereas safeguard measures need to be made applicable to the transformed agricultural products not covered by Annex II of the Treaty referred to by this Regulation; Whereas the reduced variable components applicable to the imports of certain goods originating respectively from Poland and Hungary apply from 1 May 1992; whereas the reduced variable components referred to by this Regulation need equally to be made applicable as from that date, HAS ADOPTED THIS REGULATION: Article 1 1. From 1 May to 31 December 1992, goods originating in the Czech and Slovak Federal Republic listed in Annex I shall be subject to a reduced variable component determined in accordance with Article 2 within the limits of an ad valorem quota of ECU 3 322 000 for the year 1992. 2. For the purposes of this Regulation, 'originating goods' means goods meeting the conditions established by Protocol No 4 to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part. Article 2 The reduced variable components applicable for the three-monthly periods 1 May to 31 July and 1 August to 31 October and the period 1 November 1992 to 31 December 1992 shall be calculated as follows: (a) The difference, established in accordance with Article 6 (2) of Regulation (EEC) No 3033/80, between the average threshold price and the average cif price or free-at-frontier price for each basic product shall be reduced by 10 %, except that the difference established for basic products falling within Chapter 4 of the Combined Nomenclature (dairy products) and for barley shall be reduced by 20 %; (b) The amounts thus obtained shall apply to the quantities of basic products considered to have been used in the manufacture of the goods concerned in accordance with Article 4 (1) of Regulation (EEC) No 3033/80. Article 3 The variable components applicable to goods listed in the Annex to Regulation (EEC) No 3033/80 but not listed in Annex I to this Regulation and to goods admitted once the quota referred to in Article 1 of this Regulation has been exceeded shall be those established directly pursuant to Article 6 of Regulation (EEC) No 3033/80. Article 4 1. The administration of the quota referred to by this Regulation shall be ensured in accordance with Regulation (EEC) No 521/92 and in particular Articles 2 and 4 thereof. 2. Annex II to Regulation (EEC) No 521/92 shall be supplemented by Annex II to this Regulation. Article 5 For the purposes of applying safeguard measures to goods referred to in Annex I to this Regulation in accordance with Articles 24 and 25 of the Interim Agreement, Articles 5 and 6 of Regulation (EEC) No 520/92 shall apply notwithstanding the terms of Article 8 thereof. Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 May 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 July 1992. For the Council The President N. LAMONT (1) OJ No L 323, 29. 11. 1980, p. 1. Regulation as last amended by Regulation (EEC) No 1436/90 (OJ No L 138, 31. 5. 1990, p. 9). (2) OJ No L 115, 30. 4. 1992, p. 2. (3) OJ No L 56, 29. 2. 1992, p. 12. (4) OJ No L 56, 29. 2. 1992, p. 9. ANNEX I CN code Description ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented of acidified milk and cream, whether or not concentrated or containing added fruit, nuts or cocoa: 0403 10 51 to 0403 10 99 - Yoghurt, flavoured or containing added fruit, nuts or cocoa 0403 90 71 to 0403 90 99 - Other, flavoured or containing added fruit, nuts or cocoa ex 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of differents fats or oils of this chapter, other than edible fats or oils or their fractions of heading No 1516: 1517 10 10 - Margarine, excluding liquid margarine containing more than 10 % but not more than 15 % by weight of milk fats 1517 90 10 - Other, containing more than 10 % but not more than 15 % by weight of milk fats ex 1704 Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within subheading No 1704 90 10 1806 Chocolate and other food preparations containing cocoa 1901 Malt extract; food preparations of flour, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included ex 1902 Pasta, whether or not cooked or otherwise prepared excluding stuffed pasta falling within subheadings 1902 20 10 and 1902 20 30, couscous, whether or not prepared 1903 Tapioca and substitutes therefor, prepared from starch in the form of flakes, grains, pearls, siftings or similar forms 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example corn flakes); cereals, other than maize (corn), in grain form, pre-cooked or otherwise prepared 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products 2101 10 99 Preparations with a basis of extracts, essences and concentrates of coffee or with a basis of coffee, other than those of CN code 2101 10 91 2101 20 90 Extracts, essences and concentrates of tea or maté and preparations with a basis of these extracts, or with a basis of tea or maté, other than those of CN code 2101 20 10 2101 30 19 Roasted coffee substitutes excluding roasted chicory 2101 30 99 Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory 2102 10 31 2102 10 39 Bakers' yeast 2105 Ice cream and other edible ice, whether or not containing cocoa ex 2106 Food preparations not elsewhere specified or included other than those falling within subheadings 2106 10 10 and 2106 90 91 and other than flavoured or coloured sugar syrups 2202 90 91 2202 90 95 2202 90 99 Non-alcoholic beverages not including fruit or vegetable juices of heading No 2009,. containing products of Nos 0401, 0402 and 0404 or obtained from products of heading Nos 0401, 0402 and 0404 PARARTIMA II ANEXO II - BILAG II - ANHANG II - - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II - ANEXO II Número de orden Código NC Origen Contingente (ECU) Preferencia Loebenummer KN-kode Oprindelse Kontingent (ECU) Preference Laufende Nummer KN-Code Ursprung Kontingent (ECU) Praeferenz Afxon arithmos Kodikos SO Dikaioyches chores Dasmologikos (Ecu) Protimisi Order No CN code Origin Quota (ECU) Preference Numéro d'ordre Code NC Origine Contingent (ECU) Préférence Numero d'ordine Codice NC Origine Contingente (ECU) Preferenza Volgnummer GN-code Oorsprong Contingent (ECU) Preferentie Número de ordem Código NC Origem Contingente (ECU) Preferência 09 5417 0403 10 51 0403 10 53 0403 10 59 0403 10 91 0403 10 93 0403 10 99 CS 3 322 000 MO8R 0403 90 71 0403 90 73 0403 90 79 0403 90 91 0403 90 93 0403 90 99 1517 10 10 1517 90 10 1704 10 1704 90 30 1704 90 51 1704 90 55 1704 90 61 1704 90 65 1704 90 71 1704 90 75 1704 90 81 1704 90 99 1806 10 10 91 1806 10 10 99 1806 10 30 1806 10 90 1806 20 1806 31 1806 32 1806 90 1901 10 00 1901 20 1901 90 11 1901 90 19 1901 90 90 21 1901 90 90 23 1901 90 90 27 1901 90 90 29 1901 90 90 51 1901 90 90 53 1901 90 90 57 1901 90 90 59 1901 90 90 93 1901 90 90 95 1901 90 90 97 1901 90 90 99 CS MO8R 1902 11 1902 19 1902 20 91 1902 20 99 1902 30 1902 40 10 1902 40 90 1903 1904 1905 2101 10 99 2101 20 90 2101 30 19 2101 30 99 2102 10 31 2102 10 39 2103 2103 10 90 2103 90 10 2106 90 99 2202 90 91 2202 90 95 2202 90 99

COUNCIL REGULATION (EEC) No 2109/92 of 13 July 1992 reducing the variable components applicable to certain goods originating in the Czech and Slovak Federal Republic resulting from the processing of agricultural products referred to in the Annex to Regulation (EEC) No 3033/80 (1992)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1) which establishes the method of calculation of variable components applicable to goods referred to in its Annex;

Whereas Article 2 (2) of Protocol No 3 to the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, on trade and trade related matters (2) provides that account shall be taken of the measures adopted pursuant to Article 14 of the Interim Agreement to determine the agricultural levy component; whereas the said measures provide in particular for a 20 % levy reduction applicable to milk powder and butter and to barley within the limits of traditional imports of these products increased by 10 % for the year 1992;

Whereas it is not possible for the year 1992 to establish a method of administrative cooperation permitting equivalent reductions to be granted for these agricultural products used in the manufacture of goods listed in Table 1 of the Annex to Protocol No 3 to the Interim Agreement; whereas, however, an equivalent method should be adopted in order to take account of the measures adopted for the agricultural products contained in the said goods;

Whereas Council Regulation (EEC) No 521/92 of 27 February 1992 opening and providing for the administration of Community tariff quotas and tariff ceilings for certain agricultural and industrial products, originating in Hungary, Poland and the Czech and Slovak Federal Republic (CSFR) (1992) (3), establishes the rules necessary to administer the quotas; whereas Annex II thereto needs to be supplemented by the elements necessary for the administration of the quotas of this Regulation;

Whereas one method is to provide for reductions in the variable components within the limits of a quota established on the basis of the value of the goods subject under the Interim Agreement to the collection of an agricultural levy component imported from the Czech and Slovak Federal Republic during 1990, increased by 10 % for the year 1992;

Whereas the value of imports of the goods concerned totalled ECU 3 624 000 in 1990; whereas the Interim Agreement applies only from 1 March 1992;

Whereas Regulation (EEC) No 520/92 (4) adopted in particular detailed rules of application of Articles 24 and 25 of the Interim Agreement; whereas safeguard measures need to be made applicable to the transformed agricultural products not covered by Annex II of the Treaty referred to by this Regulation;

Whereas the reduced variable components applicable to the imports of certain goods originating respectively from Poland and Hungary apply from 1 May 1992; whereas the reduced variable components referred to by this Regulation need equally to be made applicable as from that date,

HAS ADOPTED THIS REGULATION:

Article 1

1. From 1 May to 31 December 1992, goods originating in the Czech and Slovak Federal Republic listed in Annex I shall be subject to a reduced variable component determined in accordance with Article 2 within the limits of an ad valorem quota of ECU 3 322 000 for the year 1992.

2. For the purposes of this Regulation, 'originating goods' means goods meeting the conditions established by Protocol No 4 to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part.

Article 2

The reduced variable components applicable for the three-monthly periods 1 May to 31 July and 1 August to 31 October and the period 1 November 1992 to 31 December 1992 shall be calculated as follows:

(a) The difference, established in accordance with Article 6 (2) of Regulation (EEC) No 3033/80, between the average threshold price and the average cif price or free-at-frontier price for each basic product shall be reduced by 10 %, except that the difference established for basic products falling within Chapter 4 of the Combined Nomenclature (dairy products) and for barley shall be reduced by 20 %;

(b) The amounts thus obtained shall apply to the quantities of basic products considered to have been used in the manufacture of the goods concerned in accordance with Article 4 (1) of Regulation (EEC) No 3033/80.

Article 3

The variable components applicable to goods listed in the Annex to Regulation (EEC) No 3033/80 but not listed in Annex I to this Regulation and to goods admitted once the quota referred to in Article 1 of this Regulation has been exceeded shall be those established directly pursuant to Article 6 of Regulation (EEC) No 3033/80.

Article 4

1. The administration of the quota referred to by this Regulation shall be ensured in accordance with Regulation (EEC) No 521/92 and in particular Articles 2 and 4 thereof.

2. Annex II to Regulation (EEC) No 521/92 shall be supplemented by Annex II to this Regulation.

Article 5

For the purposes of applying safeguard measures to goods referred to in Annex I to this Regulation in accordance with Articles 24 and 25 of the Interim Agreement, Articles 5 and 6 of Regulation (EEC) No 520/92 shall apply notwithstanding the terms of Article 8 thereof.

Article 6

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 May 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 July 1992. For the Council

The President

N. LAMONT

(1) OJ No L 323, 29. 11. 1980, p. 1. Regulation as last amended by Regulation (EEC) No 1436/90 (OJ No L 138, 31. 5. 1990, p. 9). (2) OJ No L 115, 30. 4. 1992, p. 2. (3) OJ No L 56, 29. 2. 1992, p. 12. (4) OJ No L 56, 29. 2. 1992, p. 9.

ANNEX I

CN code Description ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented of acidified milk and cream, whether or not concentrated or containing added fruit, nuts or cocoa: 0403 10 51 to 0403 10 99 - Yoghurt, flavoured or containing added fruit, nuts or cocoa 0403 90 71 to 0403 90 99 - Other, flavoured or containing added fruit, nuts or cocoa ex 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of differents fats or oils of this chapter, other than edible fats or oils or their fractions of heading No 1516: 1517 10 10 - Margarine, excluding liquid margarine containing more than 10 % but not more than 15 % by weight of milk fats 1517 90 10 - Other, containing more than 10 % but not more than 15 % by weight of milk fats ex 1704 Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within subheading No 1704 90 10 1806 Chocolate and other food preparations containing cocoa 1901 Malt extract; food preparations of flour, starch or malt extract, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 50 %, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa powder or containing cocoa powder in a proportion by weight of less than 10 %, not elsewhere specified or included ex 1902 Pasta, whether or not cooked or otherwise prepared excluding stuffed pasta falling within subheadings 1902 20 10 and 1902 20 30, couscous, whether or not prepared 1903 Tapioca and substitutes therefor, prepared from starch in the form of flakes, grains, pearls, siftings or similar forms 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example corn flakes); cereals, other than maize (corn), in grain form, pre-cooked or otherwise prepared 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products 2101 10 99 Preparations with a basis of extracts, essences and concentrates of coffee or with a basis of coffee, other than those of CN code 2101 10 91 2101 20 90 Extracts, essences and concentrates of tea or maté and preparations with a basis of these extracts, or with a basis of tea or maté, other than those of CN code 2101 20 10 2101 30 19 Roasted coffee substitutes excluding roasted chicory 2101 30 99 Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory 2102 10 31

2102 10 39 Bakers' yeast 2105 Ice cream and other edible ice, whether or not containing cocoa ex 2106 Food preparations not elsewhere specified or included other than those falling within subheadings 2106 10 10 and 2106 90 91 and other than flavoured or coloured sugar syrups 2202 90 91 2202 90 95 2202 90 99 Non-alcoholic beverages not including fruit or vegetable juices of heading No 2009,. containing products of Nos 0401, 0402 and 0404 or obtained from products of heading Nos 0401, 0402 and 0404

PARARTIMA II ANEXO II - BILAG II - ANHANG II - - ANNEX II - ANNEXE II - ALLEGATO II - BIJLAGE II - ANEXO II

Número

de orden Código NC Origen Contingente

(ECU) Preferencia Loebenummer KN-kode Oprindelse Kontingent

(ECU) Preference Laufende

Nummer KN-Code Ursprung Kontingent

(ECU) Praeferenz Afxon

arithmos Kodikos SO Dikaioyches

chores Dasmologikos

(Ecu) Protimisi Order

No CN code Origin Quota

(ECU) Preference Numéro

d'ordre Code NC Origine Contingent

(ECU) Préférence Numero

d'ordine Codice NC Origine Contingente

(ECU) Preferenza Volgnummer GN-code Oorsprong Contingent

(ECU) Preferentie Número

de ordem Código NC Origem Contingente

(ECU) Preferência 09 5417 0403 10 51

0403 10 53

0403 10 59

0403 10 91

0403 10 93

0403 10 99 CS 3 322 000 MO8R 0403 90 71

0403 90 73

0403 90 79

0403 90 91

0403 90 93

0403 90 99 1517 10 10

1517 90 10 1704 10

1704 90 30

1704 90 51

1704 90 55

1704 90 61

1704 90 65

1704 90 71

1704 90 75

1704 90 81

1704 90 99 1806 10 10 91

1806 10 10 99

1806 10 30

1806 10 90

1806 20

1806 31

1806 32

1806 90 1901 10 00

1901 20

1901 90 11

1901 90 19

1901 90 90 21

1901 90 90 23

1901 90 90 27

1901 90 90 29

1901 90 90 51

1901 90 90 53

1901 90 90 57

1901 90 90 59

1901 90 90 93

1901 90 90 95

1901 90 90 97

1901 90 90 99 CS MO8R 1902 11

1902 19

1902 20 91

1902 20 99

1902 30

1902 40 10

1902 40 90

1903

1904

1905 2101 10 99

2101 20 90

2101 30 19

2101 30 99

2102 10 31

2102 10 39

2103 2103 10 90

2103 90 10

2106 90 99

2202 90 91

2202 90 95

2202 90 99