LeX-Ray
Laying Down the Trade Arrangements Applicable to Certain Goods Resulting from the Processing of Agricultural Products 2 Regulation
WARNING: This legislation is over 15 years old.
The HTML structure of old legislation was often quite different, and so we may not have extracted it all correctly. Titles, chapters, articles, paragraphs, recitals, annexes, and footnotes could be missing.
Be sure to reference the official source document.
It looks like you're a bot or automated crawler (sorry if you're not).
We don't generate full content for automated requests.
For the full experience, please visit with a regular browser.
Article 1: This Regulation determines the trade arrangements applicable to certain goods defined in Annex II.
Article 2: For the purposes of this Regulation, the following definitions shall apply:
Article 3: This Regulation may also apply to certain agricultural products in the framework of preferential trade.
In that case the list of those agricultural products subject to the rules governing trade in goods shall be established by the agreement concerned.
Article 4: Save where otherwise provided in this Regulation, the Common Customs Tariff duties shall apply to the goods listed in Annex II.
For the goods listed in Table 1 of Annex II, the charge shall consist of an ad valorem duty, designated the ‘fixed component’, and a specific amount set in euros, designated the ‘agricultural component’. ad valorem
For the goods listed in Table 2 of Annex II, the agricultural component of the charge shall be part of the charge applicable to imports of such goods.
Article 5: Where the Common Customs Tariff lays down a maximum charge, the charge provided for in Article 4 may not exceed this maximum.
Where the maximum charge referred to in the previous subparagraph may be applied only under specific conditions, these conditions shall be determined in accordance with the procedure laid down in Article 10(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( 9 ) .
Article 6: The agricultural component applicable in the framework of preferential trade shall be the specific amount fixed in the Common Customs Tariff.
However, where the country or countries concerned satisfy the requirements of Community legislation for processed products, adopt the same basic products as the Community, cover the same goods and use the same coefficients as the Community:
If necessary, those detailed rules shall cover in particular:
Article 7: Where a preferential agreement provides for the reduction or phasing-out of the non-agricultural part of the charge, this shall be the fixed component in the case of the goods listed in Table 1 of Annex II.
Article 8: On exportation of the goods, the agricultural products which have been used and which satisfy the conditions laid down in Article 23(2) of the Treaty may qualify for refunds established pursuant to the Single CMO Regulation. No export refund may be granted on agricultural products incorporated into goods not covered by a common organisation of the market providing for export refunds on products exported in the form of such goods.
The amounts of the refunds shall be fixed in accordance with the same procedure as for the granting of refunds on the agricultural products concerned when they are exported in the unprocessed state.
These amounts shall be established in accordance with the procedure referred to in Article 16(2). The implementing rules which may be necessary pursuant to this paragraph, and in particular measures to ensure that goods declared for export under a preferential arrangement are not in fact exported under a non-preferential arrangement or vice versa, shall be adopted by the same procedure.
Where methods of analysing the agricultural products used are necessary, the methods specified for the agricultural products in question in the case of refunds on exports to third countries shall be used.
Article 9: Where, pursuant to the Single CMO Regulation as regards a particular market, levies, charges or other measures are applied to exports of an agricultural product listed in Annex I, appropriate measures with regard to certain goods the export of which is likely to hinder the achievement of the objective in the agricultural sector in question, because of their high content of the agricultural product concerned and the uses to which they may be put, may be decided, in accordance with the procedure referred to in Article 16(2), taking due account of the specific interest of the processing industry.
Article 10: Where there is a danger that a reduction in the agricultural component applicable to imports of goods under a preferential agreement could disturb the agricultural markets or the markets in the goods concerned, the safeguard clauses applicable to imports of the agricultural products concerned shall also apply to the goods listed in Annex II.
For the purposes of assessing the disturbances in question, account shall be taken of the characteristics of the goods actually imported under the preferential arrangements, compared with the characteristics of the goods traditionally imported prior to the introduction of these arrangements.
Article 11: In order to prevent or counteract adverse effects on the Community market which may result from imports of certain goods resulting from the processing of agricultural products, listed in Annex III, the importation at the rate of duty provided for in the Common Customs Tariff of one or more of such goods shall be subject to the payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture have been fulfilled unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.
The trigger quantities which must be exceeded in order for an additional import duty to be imposed shall be determined, inter alia, on the basis of imports into the Community in the three years preceding that in which the adverse effects referred to in paragraph 1 arise or seem likely to arise.
Those rules shall cover in particular:
Article 12: Admission of agricultural products under the inward processing arrangements shall be subject to a prior check on compliance with the economic conditions referred to in Article 117(c) of Regulation (EEC) No 2913/92. These conditions shall be considered fulfilled in accordance with Article 552 of Regulation (EEC) No 2454/93.
Moreover, and in accordance with Regulation (EEC) No 2454/93, the economic conditions referred to in Article 117(c) of Regulation (EEC) No 2913/92 shall also be considered fulfilled for certain quantities of basic products used for the manufacture of goods. These quantities shall be determined with the aid of a balance drawn up by the Commission, based on a comparison between the required available funds and the forecast refund requirements, and taking account, in particular, of the estimated volume of exports of the goods concerned and the internal and external market situation of the relevant basic products. This balance, and hence these quantities, shall be reviewed at regular intervals in order to take account of developments in economic and regulatory factors.
The detailed rules for the application of the second subparagraph, making it possible to determine the basic products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall guarantee greater clarity for operators through prior publication of indicative import quantities for each individual common organisation of markets. These shall be published on a regular basis, depending in particular on the use of such quantities. The detailed application rules shall be adopted in accordance with the procedure referred to in Article 16(2).
The term ‘basic product’ used in this Article shall concern the products listed by CN code in the table in Annex I, including solely note 1 concerning cereals.
Article 13: Table 2 of Annex II may be amended in accordance with the procedure referred to in Article 16(2), in order to adapt it to the agreements concluded by the Community.
Article 14: This Article shall apply to all preferential trade for which determination of the agricultural component of the charge, possibly reduced under the conditions laid down in Article 7, is not based on the actual content referred to in Article 6(1)(a) and/or for which the basic amounts are not based on the price differences referred to in Article 6(1)(b).
The characteristics of the basic products and the quantities of the basic products to be taken into account shall be those laid down by Commission Regulation (EC) No 1460/96 of 25 July 1996 establishing the detailed rules for implementing the preferential trade arrangements applicable to certain goods resulting from the processing of agricultural products, as provided for in Article 7 of Council Regulation (EC) No 3448/93 ( 10 ) .
Any amendments to be made to this Regulation shall be adopted in accordance with the procedure referred to in Article 16(2).
Article 15: The threshold or thresholds below which the agricultural components established in accordance with Articles 6 and 7 shall be fixed at zero may be laid down in accordance with the procedure referred to in Article 16(2). The non-application of these agricultural components may be made subject to special conditions, in accordance with the same procedure, in order to avoid creating artificial trade flows.
Article 16: The Commission shall be assisted by a committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I (hereinafter referred to as ‘the Committee’).
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 17: The measures necessary to adapt this Regulation to amendments made to the Single CMO Regulation in order to maintain the existing arrangements shall be adopted in accordance with the procedure referred to in Article 16(2).
Article 18: Methods of qualitative and quantitative analysis of the goods and the other technical provisions necessary for identifying them or for determining their composition shall be adopted in accordance with the procedure referred to in Article 10(2) of Regulation (EEC) No 2658/87.
Article 19: The Member States shall communicate to the Commission the information necessary for implementing this Regulation, on the one hand, on imports, exports and, even where appropriate, the production of the goods and, on the other, on the administrative implementing measures adopted. The detailed rules for communication of this information shall be laid down in accordance with the procedure referred to in Article 16(2).
Article 20: Regulation (EC) No 3448/93 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.
Article 21: This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union . Official Journal of the European Union
Recital 1
Recital 2
Recital 3
Recital 4
Recital 5
Recital 6
Recital 7
Recital 8
Recital 9
Recital 10
Recital 11
Recital 12
Recital 13
Recital 14
Recital 15
Recital 16
Recital 17
Recital 18
Recital 19
Recital 20
Recital 21
Recital 22
Recital 23
List of the agricultural products in respect of which price differences between the world market and the Community market can be offset on importation ( *1 ) List of the agricultural products in respect of which price differences between the world market and the Community market can be offset on importation
( 1 ) Excluding spelt for sowing falling within CN code 1001 90 10, common wheat and meslin seed falling within CN code 1001 90 91, barley seed falling within CN code 1003 00 10, seed maize falling within CN codes 1005 10 11 to 1005 10 90, rice for sowing falling within CN code 1006 10 10 and hybrid sorghum for sowing falling within CN code 1007 00 10.
Table 1 Table 1
Table 2 Table 2
Description of goods
Repealed Regulation with list of its successive amendments Repealed Regulation with list of its successive amendments
Correlation Table Correlation Table
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2009.