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.