31989R3899

30 . 12 . 89 Official Journal of the European Communities No L 383 / 125

COUNCIL REGULATION (EEC) No 3899/89

of 18 December 1989

reducing for 1990 the levies on certain agricultural products originating in developing countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, since 1 March 1986, the Kingdom of Spain and the Portuguese Republic have been applying the Community system of generalized preferences ; whereas Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 the levies applied on the import into those Member States of products subject to a common organization of thereof, the market shall be established in accordance with cer­ tain provisions of the Act of Accession ; Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (3 ) thereof, Whereas it is expedient that the Community should authorize the importation of the products referred to in the Annex, originating in the countries and territories Having regard to the proposal from the Commission, benefiting from the Community generalized system of preferences, subject to the levies given in respect of Having regard to the opinion of the European Parlia­ each of them ; whereas the benefit of such preferential ment 0 ), terms should be reserved for products originating in the countries and territories under consideration, the con­ Whereas both Poland and Hungary have seen their cept of 'originating products' being adopted in accord­ economic situation decline to the point where they face ance with Regulation ( EEC) No 693 /88 (2); similar problems as those countries to which the gener­ Whereas the Republic of Korea does not treat the Com­ alized preferences have applied in the past ; whereas they should therefore benefit from the system of gener­ munity on an equal footing with other trade partners alized preferences in order to increase their export and whereas it has taken discriminatory measures in earnings with a view to stimulate their economic respect of the Community in the sphere of the protec­ tion of intellectual property ; whereas therefore it is development, to promote their industrialization and to accelerate their rate of growth ; whereas the benefit inappropriate that the Republic of Korea should bene­ should only be accorded for the duration of their fit from the system of generalized tariff preferences as economic restructuring, estimated at five years, without long as this practice continues ; prejudice to the annual character of the Community's Whereas all interested Community traders should be system of generalized preferences ; ensured equal and continuous access to the said fixed amount and the rate of the levy laid down for that final Whereas , in view of the situation on agricultural mar­ amount should be applied consistently to all imports of kets both inside and outside the Community and tak­ the products in question into all Member States until ing account of the Community's interest in maintaining the volumes laid down are exhausted ; harmonious relations in agricultural trade with devel­ oping countries, in particular in the context of the sys­ Whereas the procedure for implementing this Regula­ tem of generalized preferences, adjustments should be tion should be adopted in accordance with the proce­ made to certain specific aspects of the common organi­ dure laid down in Article 24 of Council Regulation zations of the agricultural markets ; ( EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (3) or the corres­ Whereas to this end a preference should be granted ponding procedure in other Regulations on the com­ consisting, according to the product concerned, in a mon organization of the market for the products con­ reduction of the import levy within the limits of a fixed cerned , quota ; HAS ADOPTED THIS REGULATION : Whereas the temporary and non-binding nature of the system of generalized preferences means that the offer Article 1 may be withdrawn wholly or in part at a later stage, thus maintaining the possibility of remedying any 1 . Fjom 1 January to 31 December 1990 a reduced unfavourable situations which might arise, including in levy shall apply to imports into the Community of the the African, Caribbean and Pacific States (ACP States) products listed in the Annex, subject to the conditions following the implementation of the system ; set out therein .

(') Opinion delivered on 14 December 1989 (not yet pub­ (2) OJ No L 77, 22 . 3 . 1988 , p. 1 . lished in the Official Journal). 0 OJ No L282, 1 . 11 . 1975, p. 1 .

No L 383 / 126 Official Journal of the European Communities 30. 12 . 89

With regard to Spain and Portugal, the reduction prov­ Article 4 ided for in the preceding subparagraph shall apply to If the Commission discovers that products covered by the import charge applicable under the provisions of the arrangements laid down in Article 1 are being the 1985 Act of Accession . imported into the Community at such prices that they 2. The arrangements laid down in paragraph 1 shall cause or threaten to cause serious injury to Community apply only to products originating in the countries or producers of like or directly competing products, the territories listed in Annexes III and V to Council Regu­ levies applied in the Community may be partly or com­ lation (EEC) No 3898/89 ( ! ). pletely re-established for the products concerned with regard to the countries or territories causing the injury. 3 . The preferences granted by this Regulation shall be Such a measure may also be taken in the case of serious suspended, on a temporary basis, for products originat­ injury or the threat of serious injury to a specific region ing in the Republic of Korea. of the Community. 4. Preferential entry as provided for in this Regulation Article 5 shall be subject to compliance with the rules of the ori­ 1 . In order to apply Article 4, the Commission may gin of products determined by Commission Regulation (EEC) No 693 /88. decide, by adopting a Regulation, to re-establish the normal levy for a given period. 5 . The fixed reduced-levy amounts shall be adminis­ 2 . Should a Member State ask the Commission to tered in accordance with the following provisions. take such action, the Commission shall take a decision Article 2 within a maximum of 10 working days of receipt of the request and shall inform the Member States of its deci­ 1 . The products appearing in the Annex shall be sion . entered for import into the Community subject to the 3 . Any Member State may refer to the Council the reduced levies given in respect of each of them, within measure taken by the Commission within 10 working the framework of the fixed reduced-levy amounts, the days following the day on which it was informed there­ volume of which is indicated in column 5 of the said Annex . of. Such referral shall not have the effect of suspending the measure. The Council shall meet forthwith. It may, 2 . Imports subject to a reduced levy under other acting by a qualified majority, amend or cancel the Community preferential arrangements shall not be measure in question within a period of 30 days from charged against the fixed amounts listed in the Annex. the date of referral .

Article 3 Article 6 Articles 4 and 5 shall not prejudice the application of 1 . Without prejudice to the provisions of Article 1 (4), the safeguard clauses adopted pursuant to Article 43 of the detailed rules of application of Article 1(1 ) shall be the Treaty within the framework of the common agri­ adopted in accordance with the procedure of Article 24 cultural policy or pursuant to Article 1 13 of the Treaty of Regulation (EEC) No 2759/75 or that of corres­ within the framework of the common commercial ponding Articles of the other Regulations on the com­ policy, or any other safeguard clauses which might pos­ mon organization of the market for the products con­ sibly be applied . cerned, in particular those ensuring the administration of the fixed amounts provided for in the Annex . Article 7 2 . To that end a system of import certificates shall be This Regulation shall enter into force on 1 January introduced for the products appearing in the Annex. 1990 .

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

Done at Brussels, 18 December 1989 .

For the Council The President R. DUMAS

(') See page 90 of this Official Journal.

30. 12 . 89 Official Journal of the European Communities No L 383 / 127

ANNEX

List of products referred to in Article 1 (1 ) (a)

Order CN Fixed amount No code Description Rate of duty (in tonnes)

( 1 ) (2) (3) (4) (5)

51.0010 0203 29 13 Loins and cuts thereof, of domestic swine, with 50 % (AGR) 4 000 bone in, frozen ex 0203 29 55 Loins, of domestic swine, boneless, frozen

51.0020 0207 10 59 Ducks, plucked and drawn, without heads and feet 50 % (AGR) 3 000 0207 2J19 and without hearts, livers and gizzards, known as '63 % ducks', or otherwise presented, fresh, chilled or frozen

51.0030 0207 10 79 Geese, plucked and drawn, without heads and feet, 50 % (AGR) 25000 0207 23 59 with or without hearts and gizzards, known as '75 % geese', or otherwise presented, fresh, chilled or frozen 0207 39 53 Cuts of geese, boneless, fresh, chilled or frozen 0207 43 1 1 0207 39 61 Halves, or quarters, of geese, fresh, chilled or frozen 0207 43 23 ex 0207 39 65 Whole wings, with or without tips, of geese, fresh, ex 0207 43 31 chilled or frozen ex 0207 39 67 Backs, necks, backs with necks attached, rumps and ex 0207 43 41 wing tips, of geese, fresh, chilled or frozen 0207 39 71 Breasts and cuts thereof, of geese, fresh, chilled or 0207 43 51 - frozen 0207 39 75 Legs and cuts thereof, of geese, fresh, chilled or 0207 43 61 frozen ex 0207 39 81 Goose paletots, fresh, chilled or frozen ex 0207 43 71

51.0040 Meat of domestic swine, salted or in brine : 50 % (AGR) 2 000 0210 11 11 — Hams and cuts thereof 0210 12 11 — Bellies (streaky) and cuts thereof 0210 19 40 — Loins and cuts thereof

51.0050 1108 13 00 Potato starch 50 % (AGR) 5 000

51.0060 1601 00 91 Sausages and similar products, other than of liver, 50% (AGR) 4 000 dry or for spreading, uncooked

51.0070 1601 00 99 Other sausages, not of liver 50 % (AGR) 1 500

51.0080 1602 49 15 Other prepared or preserved meat, of domestic 50 % (AGR) 6 800 1602 49 19 swine

(a) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as - . having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.