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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

EU Regulation No 3290/1994 · Adopted 22 December 1994 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and vealf1, and in particular Article 7 (2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliamentf2,

Whereas the Community has adopted a set of rules governing the common agricultural policy;

Whereas, under the Uruguay Round of multilateral trade negotiations, the Community has negotiated various agreements (hereinafter referred to as the ‘GATT agreements’); whereas several of those agreements concern agriculture, in particular the Agreement on Agriculture (hereinafter referred to as ‘the Agreement’); whereas the concessions relating to domestic support can be complied with by setting prices and aid at a suitable level and specific provisions need not be laid down on this subject; whereas the Agreement lays down a six-year timetable for the extension of access to the Community market for agricultural products from third countries on the one hand and the gradual reduction in support granted by the Community on exports of agricultural products on the other hand; whereas the agricultural legislation on trade with third countries should be adapted accordingly;

Whereas, by converting all the measures restricting imports of agricultural products into customs duties (tarification) and by prohibiting the application of such measures in the future, the Agreement requires the abolition of variable import levies and of the other measures and import charges currently provided for under the market organizations; whereas the rates of customs duty applicable to agricultural products in accordance with the Agreement are to be fixed in the Common Customs Tariff; whereas, however, for certain product groups such as cereals, rice, wine and fruit and vegetables, the introduction of supplementary or other trade mechanisms that do not involve the collection of fixed customs duties calls for the adoption of rules providing for derogations in the basis regulations; whereas, in addition, the measures to protect the Community market against imports of dried grapes and processed cherries can, under the Agreement on Safeguards, be maintained for a period of five years; whereas, moreover, in order to avert problems of supply to the Community market, the suspension of customs duties on certain sugar products should be permitted;

Whereas, in order to maintain a minimum level of protection against the adverse effects on the market as a result of tarification, the Agreement permits the application of additional customs duties under precisely defined conditions but only to products subject to tarification; whereas the corresponding provisions should accordingly be inserted into the basic Regulations concerned;

Whereas the Agreement provides for a series of tariff quotas under arrangements for current and minimum access; whereas the conditions applicable to such quotas are spelled out in detail in the Agreement; whereas, in view of the large number of quotas and in order to ensure that they are implemented as effectively as possible, the Commission should be responsible for opening and administering them using the management committee procedure;

Whereas the amendments resulting from the framework agreement on bananas concluded with certain countries in South America under the Uruguay Round should be incorporated in Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananasf3;

Whereas, since the Agreement of Safeguards lays down clear rules on the application of protective clauses as incorporated in the market organizations, such clauses should be supplemented by a reference to the obligations flowing from international agreements;

Whereas in its trading relations with third countries not subject to the GATT agreements the Community is not bound by the constraints on access to the Community market arising therefrom; whereas, in order to ensure that the necessary measures may be taken where applicable with regard to products from such countries, the Commission should be given the relevant powers, to be exercised through the management committee procedure;

Whereas, by virtue of the Agreement, the granting of export subsidies is limited henceforward to certain groups of agricultural products defined therein; whereas, in addition, it is subject to limits in terms of quantity and value;

Whereas compliance with the limits in terms of value can be ensured at the time when refunds are fixed and through monitoring of payments under the rules relating to the EAGGF; whereas monitoring may be facilitated by the compulsory advance fixing of refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination; whereas, in the case of a change of destination, the restitution applicable to the actual destination should be paid, with a ceiling at the level of the amount applicable to the destination fixed in advance;

Whereas monitoring of constraints in terms of quantity calls for the introduction of a reliable and effective system of monitoring; whereas, to that end, the granting of refunds should be made subject to an export licence; whereas refunds should be granted up to the limits available, depending on the particular situation of each product concerned; whereas exceptions to that rule can only be permitted in the case of processed products not listed in Annex II to the Treaty, to which limits in value do not apply, and in the case of food-aid operations, which are exempt from any limitation; whereas provision should be made for derogations from strict compliance with management rules where exports benefiting from refunds are not likely to exceed the limits in quantity laid down; whereas monitoring of the quantities exported with refunds during the marketing years referred to in the Agreement can be carried out on the basis of export licences issued for each marketing year;

Whereas, in most of the common organizations of the market, the exclusion from recourse to the arrangements for inward processing traffic falls exclusively within the competence of the Council; whereas in the economic conditions arising under the Agreement, it could prove necessary to react rapidly to market problems arising from the application of the said arrangements; whereas in that regard competence should be conferred on the Commission to adopt urgent measures which are limited in time; whereas those measures should be subject to the application of the procedure laid down in Article 3 of Council Decision 87/373/EEC of 13 July 1987f4;

Whereas compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights must also be ensured; whereas, to that end, the requisite stipulations must be inserted into Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in winef5;

Whereas, in the wake of the amendments to the legislation on agriculture provided for in this Regulation, many Council Regulations deriving from the basic regulations no longer serve any purpose; whereas, for the sake of legal clarity, they should be repealed; whereas certain provisions which have lapsed although they are not directly connected with the GATT agreements should also be repealed; whereas it is the same for certain Council Regulations referred to as ‘second generation’ which may for the most part be incorporated in the basic regulations in question;

Whereas, however, it has not been possible to integrate the existing general rules of the Council on the application of the safeguard clause in the basic regulations; whereas in the light of the importance of the amendments rendered necessary in that area following the GATT agreements, the regulations in question may not be maintained; whereas they should therefore be repealed, while providing the legal bases to enable their replacement;

Whereas application of the Agreement on agriculture could be jeopardized if the internal procedures to be used differed substantially between different sectors; whereas, for that reason, it is desirable to make those procedures uniform;

Whereas adoption by the Council of general implementing rules has in the past made it possible to provide an adequate framework for the more specific rules necessary for managing the markets; whereas implementation of the said Agreement on Agriculture should not call into question the mechanisms and procedures for managing the common agricultural policy;

Whereas it will be useful to analyse, at a later stage, both the functioning of the arrangements set up by this Regulation and the experience acquired with the measures taken by third countries for the implementation of the GATT agreements; whereas to that effect, upon expiry of the first two years of application of this Regulation, the Commission should present a report to the Council and the European Parliament;

Whereas the switch-over from the existing arrangements to those resulting from the GATT agreements may give rise to difficulties of adaptation which are not dealt with in this Regulation; whereas, in order to deal with that eventuality, a general provision should be included enabling the Commission to adopt the transitional measures necessary for a certain period,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ No L 148, 28.6.1968, p. 24. Regulation as last amended by Regulation (EC) No 1884/94 (OJ No L 197, 30.7.1994, p. 27).

f2

Opinion delivered on 14 December 1994 (not yet published in the Official Journal).

f3

OJ No L 47, 25.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 3518/93 (OJ No L 320, 22.12.1993, p. 15).

f4

OJ No L 197, 18.7.1987, p. 33

f5

OJ No L 84, 27.3.1987, p. 1. Regulation as last amended by Regulation (EEC) No1891/94 (OJ No L 197, 30.7.1994, p. 42).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. Signature
  8. Annex I: CEREALS
  9. IDivision I Repealed
  10. 1Division 1 Repealed
  11. 2The following subparagraph shall be added to Article 3 (3): Repealed
  12. 3The first sentence of the second subparagraph of Article 3 (4) shall be replaced by the following: Repealed
  13. 4Division 4 Repealed
  14. 5Title II shall be replaced by the following: Repealed
  15. 6The following shall be added to Annex A: Repealed
  16. IIDivision II Repealed
  17. IIIDivision III
  18. Annex II: RICE
  19. IDivision I Repealed
  20. 1Article 4 (5) is replaced by the following: Repealed
  21. 2Title II shall be replaced by the following: Repealed
  22. IIDivision II
  23. IIIDivision III
  24. Annex III: DRIED FODDER Repealed
  25. Council Regulation (EEC) No 1117/78 of 22 May 1978 (OJ No L 142, 30.5.1978, p. 2), as last amended by Regulation (EEC) No 3496/93 (OJ No L 319, 21.12.1993, p. 17) Repealed
  26. 1In Title II the following Article is inserted before Article 7. Repealed
  27. 2Article 7(2) is replaced by the following: Repealed
  28. 3Article 8 is replaced by the following: Repealed
  29. Annex IV: SUGAR
  30. IDivision I Repealed
  31. 1Title II is replaced by the following: Repealed
  32. 2Article 26 shall be amended as follows: Repealed
  33. 3Article 35 (1) shall be amended as follows: Repealed
  34. IIDivision II Repealed
  35. IIIDivision III
  36. Annex V: OILS AND FATS
  37. IDivision I Repealed
  38. 1Title I is replaced by the following: Repealed
  39. 2Article 4 (1) is replaced by the following: Repealed
  40. 3Division 3 Repealed
  41. 4Article 20 shall be replaced by the following: Repealed
  42. 5Article 20a is replaced by the following: Repealed
  43. 6Division 6 Repealed
  44. IIDivision II
  45. Annex VI: FLAX AND HEMP
  46. IDivision I Repealed
  47. IIDivision II Repealed
  48. IIIDivision III Repealed
  49. IVDivision IV
  50. Annex VII: MILK PRODUCTS
  51. IDivision I Repealed
  52. 1Division 1 Repealed
  53. 2Title III is replaced by the following: Repealed
  54. IIDivision II
  55. Annex VIII: BEEF AND VEAL
  56. IDivision I Repealed
  57. 1Division 1 Repealed
  58. 2Title II is replaced by the following: Repealed
  59. 3Article 22a (2) is replaced by the following: Repealed
  60. IIDivision II
  61. IIIDivision III
  62. Annex IX: SHEEPMEAT AND GOATMEAT
  63. IDivision I Repealed
  64. IIDivision II
  65. Annex X: PIGMEAT
  66. IDivision I Repealed
  67. 1The second subparagraph of Article 4 (1) is replaced by the following: Repealed
  68. 2Article 5 (2) is replaced by the following: Repealed
  69. 3The following point is added to Article 5 (4): Repealed
  70. 4Title II is replaced by the following: Repealed
  71. IIDivision II
  72. Annex XI: POULTRYMEAT
  73. IDivision I Repealed
  74. 1Articles 3 to 11 are replaced by the following: Repealed
  75. 2Division 2 Repealed
  76. IIDivision II
  77. Annex XII: EGGS, OVALBUMIN AND LACTALBUMIN
  78. EGGS
  79. IDivision I Repealed
  80. 1Articles 3 to 11 are replaced by the following: Repealed
  81. 2Division 2 Repealed
  82. IIDivision II
  83. BOVALBUMIN AND LACTALBUMIN Repealed
  84. 1The introductory sentence in Article 1 is replaced by the following: Repealed
  85. 2Article 2 is replaced by the following: Repealed
  86. 3Article 3 is replaced by the following: Repealed
  87. 4Article 4 is replaced by the following: Repealed
  88. 5Article 5 is replaced by the following: Repealed
  89. 6Article 7 is replaced by the following: Repealed
  90. 7Article 8 is replaced by the following: Repealed
  91. Annex XIII: FRUIT AND VEGETABLES
  92. IDivision I Repealed
  93. IIDivision II
  94. Annex XIV: PROCESSED FRUIT AND VEGETABLES
  95. IDivision I Repealed
  96. 1Title II is replaced by the following: Repealed
  97. 2Division 2 Repealed
  98. IIDivision II
  99. Annex XV: BANANAS Repealed
  100. Council Regulation (EEC) No 404/95 of 15 February 1995 (OJ No L 47, 25.2.1995, p. 1), as last amended by Regulation (EC) No 5518/95 (OJ No L 520, 22.12.1995, p. 15) Repealed
  101. 1Article 15 is replaced by the following: Repealed
  102. 2The following Article is inserted: Repealed
  103. 3In Article 17, the second paragraph is replaced by the following: Repealed
  104. 4Article 18 is replaced by the following: Repealed
  105. 5The following indents are added to Article 20: Repealed
  106. 6Article 22 is replaced by the following: Repealed
  107. 7Article 23 is replaced by the following: Repealed
  108. Annex XVI: WINE
  109. IDivision I Repealed
  110. 1Title IV is replaced by the following: Repealed
  111. 2The following is inserted after Article 72: Repealed
  112. 3Division 3 Repealed
  113. IIDivision II
  114. Annex XVII: TOBACCO Repealed
  115. Council Regulation (EEC) No 2075/92 of 30 June 1992 (OJ No L 215, 30.7.1992, p. 70). Repealed
  116. Annex XVIII: HOPS Repealed
  117. Council Regulation (EEC) No 1696/71 of 26 July 1971 (OJ No L 175, 4.8.1971, p. 1), as last amended by Regulation (EEC) No 3124/92 (OJ No L 313, 30.10.1992, p. 1). Repealed
  118. Annex XIX: LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE
  119. IDivision I Repealed
  120. IIDivision II
  121. Annex XX: SEEDS
  122. IDivision I Repealed
  123. 1Articles 5, 6 and 7 are replaced by the following: Repealed
  124. 2Division 2 Repealed
  125. IIDivision II
  126. Annex XXI: MISCELLANEOUS REGULATIONS
  127. IDivision I Repealed
  128. 1Articles 2 and 3 are replaced by the following: Repealed
  129. 2Article 6 is replaced by the following: Repealed
  130. IIDivision II
  131. Annex XXII: THE OUTERMOST REGIONS
  132. IDivision I Repealed
  133. IIDivision II Repealed
  134. 1Division 1 Repealed
  135. 2Division 2 Repealed
  136. 3Division 3 Repealed
  137. IIIDivision III Repealed
  138. 1Division 1 Repealed
  139. 2Division 2 Repealed