Avis juridique important

Commission Regulation (EC) No 2023/95 of 21 August 1995 adapting by way of a temporary measure the special arrangements for importing cereal substitute products and processed cereal and rice products as provided for in Regulation (EEC) No 2245/90 with a view to the implementation of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations Official Journal L 198 , 23/08/1995 P. 0015 - 0021

COMMISSION REGULATION (EC) No 2023/95 of 21 August 1995 adapting by way of a temporary measure the special arrangements for importing cereal substitute products and processed cereal and rice products as provided for in Regulation (EEC) No 2245/90 with a view to the implementation of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof, Whereas Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the ACP States or in the overseas countries and territories (OCT) (2), as last amended by Regulation (EC) No 2484/94 (3), provides for exemption from customs duties and from the fixed component of the levy and for a reduction in or exemption from the variable component of the levy on imports into the Community of certain cereal substitute products and certain processed cereal and rice products originating in the ACP States or the OCT; Whereas Commission Regulation (EEC) No 2245/90 of 31 July 1990 laying down detailed rules for the application of the import arrangements applicable to products falling within CN codes 0714 10 91 and 0714 90 11 and originating in the African, Caribbean and Pacific (ACP) States or in the overseas countries and territories (OCT) (4), as amended by Regulation (EC) No 1515/95 (5), lays down detailed rules for the application of those arrangements; Whereas Article 101 (1) of Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (6) provides that products originating in the OCT are to be imported into the Community free of customs duties and charges having an equivalent effect; Whereas, pursuant to the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations (7), the Community has undertaken to convert variable levies into tariffs and to replace them by customs duties as from 1 July 1995; whereas such replacement is likely to render the special arangements inoperative and whereas, pending the conclusion of new arrangements with the countries concerned, Regulation (EEC) No 2245/90 must be adapted by way of a temporary measure while the essentials of such arrangements are maintained; Whereas, in this connection, the exemption from the fixed component of the levy granted to third countries must be applied to customs duties applicable as from 1 July; whereas, in order not to damage the interests of the exporting countries, the concession covering the variable component of the levy must also be replaced by a flat-rate reduction in the whole import duty or part thereof; Whereas the measures provided for this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2245/90 is hereby amended as follows: 1. Article 1 is replaced by the following: 'Article 1 1. For the purposes of Article 14 (1) of Regulation (EEC) No 715/90, the customs duties on imports of products listed in Annex A to Council Regulation (EEC) No 1766/92 (*) and Article 1 (1) (c) of Council Regulation (EEC) No 1418/76 (**) and originating in the ACP States shall be as set out in the Annex hereto. 2. Without prejudice to paragraph 1, the reduced customs duties on imports of the products designated hereinunder and originating in the ACP States shall be reduced by: - ECU 2,19 per 1 000 kg in the case of products covered by CN codes 0714 10 99 and 0714 90 19, with the exception of arrowroot, - ECU 4,38 per 1 000 kg in the case of products covered by CN codes 0714 10 10 and 1106 20, with the exception of arrowroot flour and meal, - 50 % in the case of products covered by CN codes 1108 14 00 and 1108 19 90, with the exception of arrowroot starch. 3. Notwithstanding paragraph 1, the customs duties on imports of the following products originating in the ACP States shall not be levied thereon: - products covered by CN code 0714 10 91, - products covered by CN code 0714 90 11 and arrowroot covered by CN code ex 0714 90 19, - arrowroot flour and meal covered by CN code ex 1106 20, - arrowroot starch covered by CN code ex 1108 19 90. Article 1a The detailed rules for the application of the import arrangements shall be as set out in Articles 2 to 8 as regards: - products covered by CN codes 0714 10 91 and 0714 90 11 originating in the ACP States and imported into the Community (Title I), - products covered by CN code 0714 90 11 originating in the ACP States or the OCT and imported into the French overseas territories (Title II). ` 2. In Articles 2 (2) and 4 (3), the words 'import duty` are replaced by 'Common Customs Tariff customs duty` each time they appear. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. It shall apply from 1 July 1995 to 30 June 1996. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 August 1995. For the Commission Karel VAN MIERT Member of the Commission (*) OJ No L 181, 1. 7. 1992, p. 21 (**) OJ No L 166, 25. 6. 1976, p. 1. ANNEX >TABLE>

COMMISSION REGULATION (EC) No 2023/95 of 21 August 1995 adapting by way of a temporary measure the special arrangements for importing cereal substitute products and processed cereal and rice products as provided for in Regulation (EEC) No 2245/90 with a view to the implementation of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof,

Whereas Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the ACP States or in the overseas countries and territories (OCT) (2), as last amended by Regulation (EC) No 2484/94 (3), provides for exemption from customs duties and from the fixed component of the levy and for a reduction in or exemption from the variable component of the levy on imports into the Community of certain cereal substitute products and certain processed cereal and rice products originating in the ACP States or the OCT;

Whereas Commission Regulation (EEC) No 2245/90 of 31 July 1990 laying down detailed rules for the application of the import arrangements applicable to products falling within CN codes 0714 10 91 and 0714 90 11 and originating in the African, Caribbean and Pacific (ACP) States or in the overseas countries and territories (OCT) (4), as amended by Regulation (EC) No 1515/95 (5), lays down detailed rules for the application of those arrangements;

Whereas Article 101 (1) of Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (6) provides that products originating in the OCT are to be imported into the Community free of customs duties and charges having an equivalent effect;

Whereas, pursuant to the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations (7), the Community has undertaken to convert variable levies into tariffs and to replace them by customs duties as from 1 July 1995; whereas such replacement is likely to render the special arangements inoperative and whereas, pending the conclusion of new arrangements with the countries concerned, Regulation (EEC) No 2245/90 must be adapted by way of a temporary measure while the essentials of such arrangements are maintained;

Whereas, in this connection, the exemption from the fixed component of the levy granted to third countries must be applied to customs duties applicable as from 1 July; whereas, in order not to damage the interests of the exporting countries, the concession covering the variable component of the levy must also be replaced by a flat-rate reduction in the whole import duty or part thereof;

Whereas the measures provided for this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2245/90 is hereby amended as follows:

1. Article 1 is replaced by the following:

'Article 1 1. For the purposes of Article 14 (1) of Regulation (EEC) No 715/90, the customs duties on imports of products listed in Annex A to Council Regulation (EEC) No 1766/92 (*) and Article 1 (1) (c) of Council Regulation (EEC) No 1418/76 (**) and originating in the ACP States shall be as set out in the Annex hereto.

2. Without prejudice to paragraph 1, the reduced customs duties on imports of the products designated hereinunder and originating in the ACP States shall be reduced by:

- ECU 2,19 per 1 000 kg in the case of products covered by CN codes 0714 10 99 and 0714 90 19, with the exception of arrowroot,

- ECU 4,38 per 1 000 kg in the case of products covered by CN codes 0714 10 10 and 1106 20, with the exception of arrowroot flour and meal,

- 50 % in the case of products covered by CN codes 1108 14 00 and 1108 19 90, with the exception of arrowroot starch.

3. Notwithstanding paragraph 1, the customs duties on imports of the following products originating in the ACP States shall not be levied thereon:

- products covered by CN code 0714 10 91,

- products covered by CN code 0714 90 11 and arrowroot covered by CN code ex 0714 90 19,

- arrowroot flour and meal covered by CN code ex 1106 20,

- arrowroot starch covered by CN code ex 1108 19 90.

Article 1a The detailed rules for the application of the import arrangements shall be as set out in Articles 2 to 8 as regards:

- products covered by CN codes 0714 10 91 and 0714 90 11 originating in the ACP States and imported into the Community (Title I),

- products covered by CN code 0714 90 11 originating in the ACP States or the OCT and imported into the French overseas territories (Title II).

` 2. In Articles 2 (2) and 4 (3), the words 'import duty` are replaced by 'Common Customs Tariff customs duty` each time they appear.

Article 2

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

It shall apply from 1 July 1995 to 30 June 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 1995.

For the Commission Karel VAN MIERT Member of the Commission

(*) OJ No L 181, 1. 7. 1992, p. 21 (**) OJ No L 166, 25. 6. 1976, p. 1.

ANNEX

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