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 veal1, and in particular Article 7 (2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament2, 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 derogation's 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 bananas3;

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 derogation's 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 19874 ; 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 wine5 ;

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 analyze, 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:

When such measures are adopted, account shall be taken of the special features of the various agricultural sectors, having due regard to the obligations arising from the agreements referred to in Article 1.

The Council, acting on a proposal from the Commission in accordance with the procedure laid down in Article 43 (2) of the Treaty, will decide on any amendments arising out of the results and conclusions of that report.

However:

- as from 1 September 1995 as regards Annexes II and XVI,

- as from 1 October 1995 as regards Annex IV,

- as from 1 November 1995 as regards Annex V;

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

Done at Brussels, 22 December 1994.

For the Council
The President
H. SEEHOFER

ANNEX I
CEREALS

'The intervention price valid for maize and grain sorghum in May shall remain valid in July, August and September of the following marketing year.'

'The intervention price shall be subject to monthly increases for the whole or part of the marketing year.'

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 12 and 13.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

The detailed rules shall in particular specify:

- the standard qualities to be used,

- the price quotations to be taken into consideration,

- the method of calculating the import charge for each consignment classified according to one of the standard qualities referred to in paragraph 3 (a),

- the possibility, where appropriate in specific cases, of giving operators the opportunity of knowing the charge applicable before the arrival of the consignments concerned.

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.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on the order in which applications are submitted (on a 'first come, first served' basis),

- method allocating quotas in proportion to the quantities requested when applications are submitted (using the 'simultaneous examination' method),

- method based on traditional trade flows (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

In the case of the quota for import into Spain of 2 000 000 tones of maize and 300 000 tones of sorghum and the quota for import into Portugal of 500 000 tones of maize, those detailed rules shall also include the provisions necessary for carrying out the quota imports and, where appropriate, the public storage of the quantities imported by the intervention agencies of the Member States concerned and their disposal on the markets of those Member States.

Export refunds on the products listed in Article 1 in the form of goods listed in Annex B may not be higher than those applicable to such products exported without further processing.

Refunds shall be fixed in accordance with the procedure laid down in Article 23.

Refunds may be fixed:

Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

Appropriate measures may be adopted to prevent the flexibility of this paragraph from being misused.

- in respect of products listed in Article 1 which are intended for the manufacture of products listed in Article 1 (1) (c) and (d), and

- in special cases, in respect of products listed in Article 1 which are intended for the manufacture of goods listed in Annex B.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for application of this paragraph and shall determine the cases and limits within which Member States may take protective measures.

CN code	Description
2306	Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305
2306 90	- Other:
	- - Other:
2306 90 91	- - - Of germ of maize.

ANNEX II
RICE

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 14 and 15.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

That subsidy shall be fixed, taking into account the supply requirements of the Reunion market, on the basis of the difference between the quotations or prices of the relevant products on the world market and the quotations or prices of those products on the Community market, and, if necessary, the price of those products delivered to Reunion.

The subsidy shall be granted on application by the party concerned. The subsidy may be fixed, where appropriate, by a tendering procedure. Such tendering procedure shall relate to the amount of the subsidy.

The subsidy shall be fixed periodically in accordance with the procedure laid down in Article 27. However, where the need arises, the Commission may, at the request of a Member State or on its own initiative, alter the subsidy in the interval.

- 80 % in the case of indica rice, and

- 88 % in the case of japonica rice, minus the import price; and

However, that duty may not exceed the rate of duty in the Common Customs Tariff.

The percentage referred to in (b) shall be calculated by adjusting the respective percentage referred to in (a) by reference to the conversion rate, processing costs and the value of by-products, and then adding an amount for the protection of the industry.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market or on the Community import market for the product.

Export refunds on the products listed in Article 1 in the form of goods listed in Annex B may not be higher than those applicable to such products exported without further processing.

Refunds shall be fixed in accordance with the procedure laid down in Article 27.

Refunds may be fixed:

Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

Refunds fixed at regular intervals for the product referred to in Article 1 (1) (a) and (b) shall be fixed at least once a month.

- prices and availability of rice and broken rice on the Community market;

- prices of rice and broken rice on the world market;

When the amount of the refund is set, account shall be taken in particular of the need to establish a balance between the use of basic Community agricultural products for export as processed goods to third countries, and the use of basic agricultural products from these countries admitted for inward processing.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

A corrective amount may be fixed in accordance with the procedure laid down in Article 27. However, the Commission may, where necessary, alter corrective amounts.

The first and second subparagraphs may be applied, in whole or in part, to products listed in Article 1 (1) (c) and to products listed in Article 1 and exported in the form of goods listed in Annex B. In that case, the adjustment referred to in the first subparagraph shall be corrected by applying a coefficient expressing the ratio between the quantity of basic product and the quantity of the latter contained in the processed product exported or used in the goods exported.

The compensatory amount shall be:

- in the case of husked rice, equal to the difference between the target price valid for the last month of the marketing year and that valid for the first month of the new marketing year,

- in the case of paddy rice, equal to that difference adjusted by the conversion rate.

This amount shall, however, be reduced by the amount of any carry-over payment already granted, pursuant to Article 8.

The compensatory amount shall be granted only if stocks reach a minimum level.

- the products, in the case of paddy rice and husked rice, are of Community origin, except where paragraph 14 applies,

- the products have been exported from the Community, and

- in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to paragraph 8 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 27, provided conditions are laid down which offer equivalent guarantees.

Additional provisions may be adopted in accordance with the procedure laid down in Article 27.

- that the product to be exported and the product previously imported are one and the same, and

- that the levy was collected on importation.

In such cases the refund on each product shall be equal to the duties collected on importation where the latter are lower than the refund applicable; where the duties collected on importation are higher than that refund, the latter shall apply.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction on imports or measure having equivalent effect.

- 80 % in the case of indica rice, and

- 80 % in the case of japonica rice.

- application of an export levy; in addition, a special export levy may be determined by a tendering procedure in respect of a fixed quantity,

- fixing of a time limit for the issue of export licences,

- total or partial suspension of the issue of export licences,

- total or partial rejection of outstanding applications for the issue of export licences.

These measures shall be repealed at the latest when it is found that, for a period of three consecutive weeks, the condition stated in paragraphs 2 is no longer fulfilled.

- prices and availability of rice on the Community market,

- prices for rice and products processed in the rice sector on the world market;

In accordance with the same procedure and for each of the products:

- a decision shall be taken to establish the measures listed in paragraph 5 and put an end to the measures listed in the second and third indents of that paragraph,

- the export levy shall be fixed periodically.

Where necessary, the Commission may establish or modify the export levy.

The Council, acting on a proposal from the Commission in accordance with the procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

Council Regulation (EEC) No 1432/76 of 21 June 1976 (OJ No L 166, 25. 6. 1976, p. 39).

Council Regulation (EEC) No 1433/76 of 21 June 1976 (OJ No L 166, 25. 6. 1976, p. 42).

Council Regulation (EEC) No 1263/78 of 12 June 1978 (OJ No 156, 14. 6. 1978, p. 14).

The above Regulations shall be repealed.

ANNEX III
DRIED FODDER

'2. Save as otherwise provided for in this Regulation or pursuant to a provision thereof, the following shall be prohibited in trade with third countries:

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.'

ANNEX IV
SUGAR

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 16 and 17.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

Suspension may apply for the period in which the price on the world market plus the import duty in the Common Customs Tariff:

- in the case of raw sugar, exceeds the intervention price for the product;

- in the case of molasses, exceeds the price level corresponding to the price of molasses used as a basis, for the sugar marketing year under consideration, for determining revenue from sales of molasses pursuant to the provisions of Article 4 (2).

The trigger volumes to be exceeded in order to have the additional import duty imposed shall in particular be determined on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

- the world market price referred to in Article 14 (2), and

- the representative price referred to in Article 15 (3),

shall apply to standard quality.

Standard quality may be determined in accordance with the procedure laid down in Article 41.

- method based on chronological order of the lodgment of applications ('first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

The export refund granted for raw sugar may not exceed that granted for white sugar.

When determining the amount of the refund, for each 100 kg of dry matter particular account shall be taken of:

Refunds shall be fixed in accordance with the procedure laid down in Article 41. Refunds may be fixed:

Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

Tenders submitted in response to an invitation shall not be considered unless a deposit is lodged. Except in cases of force major, the deposit shall be forfeited in whole or in part if tenderers have not fulfilled, or have only partially fulfilled, the obligations placed upon them.

The provisions of Articles 17a, 17b and 17c concerning products not denatured and exported without further processing listed in Article 1 (1) (a), (c) and (d) shall apply in addition.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- that the products have been exported from the Community, and

- that, in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to paragraph 6 (b). However, exceptions may be made to this rule in accordance with the procedure laid down in paragraph 14, provided that conditions are laid down which offer equivalent guarantees.

Supplementary provisions may be laid down in accordance with the procedure provided for in Article 41.

However, such fixing may be discontinued in accordance with the procedure laid down in Article 41 if it is found that no surplus sugar is available within the Community for export on the basis of world market prices. In that event, no refund shall be granted;

- the intervention price for white sugar for the Community area with the largest surplus or the intervention price for raw sugar for the Community area which is considered to be representative for the exportation of this type of sugar,

- the costs of transporting sugar from the areas referred to in (a) to ports or other points of export in the Community,

- trade expenses and any transshipment, transport and packaging charges incurred in marketing sugar on the world market,

- quotations or prices recorded for sugar on the world market, and

- the economic aspect of the proposed exports.

A maximum tonnage may be fixed in accordance with the same procedure;

- the possibility of submitting tenders at any time until the tendering procedure is terminated, and

- a maximum amount of the refund, calculated in the light of requirements for the exports in question;

- exceeds the maximum fixed, the competent authorities of the Member States shall reject that tender,

- does not exceed the maximum, those authorities shall fix the refund at an amount equal to the refund appearing in the tender in question.

- may not exceed 92 % of the refund for white sugar for the same period. However, this limit shall not apply to refunds to be fixed for candy sugar,

- shall for each exporting operation under consideration be multiplied by a conversion factor which shall be obtained by dividing the yield of the raw sugar exported, calculated in accordance with the provisions of Article 1 of Regulation (EEC) No 431/68, by 92;

However, such fixing may be discontinued in accordance with the procedure laid down in Article 41 if it is found that no surplus molasses is available within the Community for export on the basis of world market prices. In that event, no refund shall be granted.

The competent authorities of the Member States concerned shall invite tenders on the basis of an authorization laying down the terms of the invitation to tender. These terms must guarantee equal access for all persons established within the Community.

However, such periodic fixing may be discontinued in accordance with the procedure laid down in Article 41 if the periodic fixing of the refund on white sugar not further processed, is suspended. In this event, no refund shall be granted.

- the use of Community basic products in the manufacture of processed goods for export to third countries, and

- the use of third country products brought in under inward processing arrangements.

- in respect of products listed in Article 1 (1) (a) and (d), and

- in special cases, in respect of products listed in Article 1 (1) which are intended for the manufacture of goods listed in Annex I.

The export levy may be determined by tender. Except in the case of tendering, the levy to be charged shall be that applicable on the day of export.

Where it is established that:

cannot be ensured from Community availability, the Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall decide to grant the import subsidy and determine the conditions for its application. Those conditions shall relate in particular to the quantity of white or raw sugar to be covered by the subsidy, the duration of the subsidy and, where appropriate, the importing regions.

In the case of the products referred to in Article 1 (1) (b), (c), (d), (f), (g) and (h) provisions similar to those in paragraphs 1 and 2 may be adopted in accordance with the procedure laid down in Article 41.

The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt the general rules for implementing this paragraph and shall define the cases and limits within which the Member States may take protective measures.

'Articles 8, 9, 17 and 20 shall not apply to such sugar and Articles 9, 17 and 20 to such isoglucose and insulin syrup'.

'1. No import duty shall apply to imports of preferential sugar.'

Council Regulation (EEC) No 226/72 of 31 January 1972 (OJ No L 28, 1. 2. 1972, p. 3).

Council Regulation (EEC) No 608/72 of 23 March 1972 (OJ No L 75, 28. 3. 1972, p. 5).

The above Regulations shall be repealed.

ANNEX V
OILS AND FATS

Exports of olive oil from the Community shall be subject to presentation of an export licence.

Exports from the Community of other products listed in Article 1 (2) may be subject to presentation of export licences.

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Article 3.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; save in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined in particular on the bases of Community imports over the three years preceding the year in which the adverse effects referred to in paragraph 1 have occurred or are likely to occur.

The cif import prices shall be verified for that purpose on the basis of representative prices for the product concerned on the world market or on the Community import market for the product.

They may vary according to destination where the situation on the world market or the specific requirements of certain markets make this necessary. Where olive oil is concerned, the refund may also be fixed at different levels according to quality and presentation where the situation on the world market or the specific requirements of certain markets make this necessary.

Refunds shall be fixed in accordance with the procedure laid down in Article 38. For olive oil, refunds may be fixed in particular:

Except where fixed by invitation to tender, the amount of the refund shall be fixed at least once a month. Where necessary, refunds may be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- on the Community market, with respect to olive oil prices and supplies,

- on the world market, with respect to olive oil prices;

However, where the situation on the world market does not allow the most favourable prices for olive oil to be determined, account may be taken of the price on that market of the main competing vegetable oils and of the gap recorded over a representative period between that price and the price for olive oil.

The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted if appropriate to take account of the costs of exporting the products to that market.

Appropriate measures may be taken to preclude abuse of the flexibility provided for in this paragraph.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the implementation of this paragraph.

'1. A production target price, an intervention price and a representative market price for olive oil shall be fixed each year for the Community.

However, when during the marketing year the factors which are used to determine the representative market price for olive oil undergo a change which, on the basis of the criteria to be established under the procedure laid down in Article 38, may be considered as substantial, a decision shall be taken under the said procedure to adjust the representative market price during the marketing year.

In such cases, the level of consumption aid referred to in Article 11 (5) and (6) may be adjusted in accordance with the same procedure.'

For olive oil which has undergone a refining process, the amount of the levy may not exceed the cif price referred to in the first subparagraph less the representative market price, the amount of the difference being weighted, as appropriate, by a weighting of 111 representing the quantity of virgin olive oil needed to produce 100 kg of refined olive oil or by a weighting of 149 representing the quantity of raw olive-residue oil needed to produce 100 kg of refined olive-residue oil.

- the import charge applicable to olive oil falling within subheading CN 1509 90 00 during a reference period;

- the factors taken into consideration when fixing the export refunds valid for olive oil falling within subheading CN 1509 90 00 during a reference period.

However, where the olive oil used in the manufacture of the preserves was produced in the Community, the refund shall be equal to the amount referred to in the previous subparagraph, plus an amount equal to the consumption aid applicable on the day on which the refund was applied.

Regulation (EEC) No 19/69 of 20 December 1968 (OJ No L 3, 7. 1. 1969, p. 2), as last amended by Regulation (EEC) No 2429/72 (OJ No L 264, 23. 11. 1972, p. 1)

Regulation (EEC) No 2596/69 of 18 December 1969 (OJ No L 324, 27. 12. 1969, p. 12) Regulation (EEC) No 1076/71 of 25 May 1971 (OJ No L 116, 28. 5. 1971, p. 2)

Regulation (EEC) No 443/72 of 29 February 1972 (OJ No L 54, 3. 3. 1972, p. 3), as last amended by Regulation (EEC) No 2560/77 (OJ No L 303, 28. 11. 1977, p. 1)

Regulation (EEC) No 1569/72 of 20 July 1972 (OJ No L 167, 25. 7. 1972, p. 9), as last amended by Regulation (EEC) No 2206/90 (OJ No L 201, 31. 1. 1990, p. 11)

Regulation (EEC) No 2751/78 of 23 November 1978 (OJ No L 331, 28. 11. 1978, p. 5)

Regulation (EEC) No 591/79 of 26 March 1979 (OJ No L 78, 30. 3. 1979, p. 2), as last amended by Regulation (EEC) No 2903/89 (OJ No L 280, 29. 9. 1989, p. 3)

Regulation (EEC) No 1594/83 of 14 June 1983 (OJ No L 163, 22. 6. 1983, p. 44), as last amended by Regulation (EEC) No 1321/90 (OJ No L 132, 23. 5. 1990, p. 15)

Regulation (EEC) No 1491/85 of 23 May 1985 (OJ No L 151, 10. 6. 1985, p. 15), as last amended by Regulation (EEC) No 1724/91 (OJ No L 162, 26. 6. 1991, p. 35)

Regulation (EEC) No 2194/85 of 25 July 1985 (OJ No L 204, 2. 8. 1985, p. 7), as last amended by Regulation (EEC) No 1725/91 (OJ No L 162, 26. 6. 1991, p. 37)

Regulation (EEC) No 1650/86 of 26 May 1986 (OJ No L 145, 30. 5. 1986, p. 8)

The above Regulations are repealed.

ANNEX VI
FLAX AND HEMP

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

Where the said terms have been complied with, the importing Member State shall issue a certificate indicating such compliance.

- research organizations and institutes,

- natural or legal persons who can provide proof of a sufficient level of activity in the sector concerned.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the implementation of the paragraph and define the cases and limits in which Member States may take precautionary measures.

ANNEX VII
MILK PRODUCTS

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on the chronological order of the lodging of applications (using the 'first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

Export refunds on the products listed in Article 1 in the form of goods listed in the Annex may not be higher than those applicable to such products exported without further processing.

They may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

Refunds shall be fixed in accordance with the procedure laid down in Article 30. Refunds may be fixed:

Except where fixed by tender, the list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every four weeks. The amount of the refund may, however, remain at the same level for more than four weeks and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative. However, for products listed in Article 1 and exported in the form of goods listed in the Annex, the refund may be fixed according to another timetable determined in accordance with the procedure referred to in Article 16 of Regulation (EC) No 3448/93.

- prices and availability's for milk and milk products on the Community market;

- prices of milk and milk products on the world market;

Account shall also be taken in particular of the need to establish a balance between the use of Community basic agricultural products for export as processed goods to third countries, and the use of products from those countries admitted for inward processing.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- the products are of Community origin, except where paragraph 11 applies,

- the products have been exported from the Community, and

- in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to paragraph 7 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 30, provided conditions are laid down which offer equivalent guarantees.

- the product to be exported and the product previously imported are one and the same, and

- all import duties were collected on importation.

In such cases the refund on each product shall be equal to the levy collected on importation where that levy is equal to or lower than the refund applicable; the refund shall be equal to the refund applicable where the levy collected on importation is higher than this refund.

- 1806 90 60 to 1806 90 90 (certain products containing cocoa),

- 1901 (certain food preparations of flour, etc.),

- 2106 90 99 (certain food preparations not elsewhere specified),

having a high milk-product content.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

- hinders imports of milk products into the Community, or

- causes milk products to leave the Community,

so that security of supply is no longer ensured or threatens to be no longer ensured in the Community.

The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt general rules for the application of this paragraph and shall define the cases in which and the limits within which Member States may take protective measures.

Council Regulation (EEC) No 2180/71 of 12 October 1971 (OJ No L 231, 14. 10. 1971, p. 1).

Council Regulation (EEC) No 1603/74 of 25 June 1974 (OJ No L 172, 27. 6. 1974, p. 9).

Council Regulation (EEC) No 2915/79 of 18 December 1979 (OJ No L 329, 24. 12. 1979, p. 1), as last amended by Regulation (EEC) No 3798/91 (OJ No L 357, 28. 12. 1991, p. 3).

The above Regulations are repealed.

ANNEX VIII
BEEF AND VEAL

Imports into the Community of any of the products listed in Article 1 (1) (b) and exports from the Community of products listed in Article 1 (1) (a) and (b) may be subject to presentation of an import or export licence.

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 12 and 13.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

- method based on chronological order of the lodgment of applications ('first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

Except where fixed by tender, the list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- prices and availability's of beef and veal sector products on the Community market;

- prices for beef and veal sector products on the world market;

Account shall also be taken in particular of the need to establish a balance between the use of Community basic products in the manufacture of processed goods exported to third countries and the use of products from these countries admitted to inward processing arrangements.

In addition, in calculating the amount of the refund for products listed in sections (a), (c) and (d) of the Annex, and in section (b) under subheadings 0202 20 30, 0202 20 50, 0202 20 90, 0202 30 and 0206 29 91, the flat-rate coefficients set for each of the products concerned may be taken into account.

- prices ruling on the representative Community markets,

- prices ruling at export.

When prices in international trade listed in paragraph 1 are being determined account shall be taken of:

- prices ruling on third-country markets,

- the most favourable prices in third countries of destination for third-country imports,

- producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries,

- free-at-Community-frontier offer prices.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- the products are of Community origin, except where paragraph 10 applies,

- the products have been exported from the Community, and

- in the case of a differentiated refund the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to paragraph 3 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 27, provided conditions are laid down which offer equivalent guarantees.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission, in accordance with the voting procedure laid down in Article 43 of the Treaty, shall adopt general rules for the application of this paragraph and shall define the circumstances and limits within which Member States mad adopt protective measures.

'2. The Council, acting on a Commission proposal in accordance with the voting procedure laid down in Article 43 of the Treaty, shall adopt general rules for the application of this Article.'

1. Disposal of the products held by intervention agencies may be undertaken only:

Council Regulation (EEC) No 1157/92 of 28 April 1992 (OJ No L 122, 7. 5. 1992, p. 4)

ANNEX IX
SHEEPMEAT AND GOATMEAT

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Article 12.

Import and export licences shall be valid throughout the Community. The issuing of such licences may be subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on chronological order of the lodgment of applications ('first-come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a Commission proposal in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the application of this paragraph and shall define the circumstances and limits within which Member States may adopt protective measures.

Council Regulation (EEC) No 3643/85 of 19 December 1985 (OJ No L 348, 24. 12. 1985, p. 2), as last amended by Regulation (EEC) No 3890/92 (OJ No L 391, 31. 12. 1992, p. 51).

The above Regulations are repealed.

ANNEX X
PIGMEAT

'The basic price shall be fixed taking account, in particular, of the need to fix this price at a level which contributes towards stabilizing market prices without, however, leading to the formation of structural surpluses in the Community.'

'For products of standard quality other than pig carcasses, buying-in prices shall be derived from the buying-in price for pig carcasses on the basis of the ratio existing between the commercial value of these products to the commercial value of pig carcasses.'

'(d) fixing the coefficient expressing the ratio referred to in paragraph 2.'

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 11 and 13.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end, against the representative prices for the product on the world market or on Community import market for that product.

- method based on the chronological order of the lodging of applications ('first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

Refunds shall be fixed in accordance with the procedure laid down in Article 24. Refunds shall be fixed at regular intervals, without recourse, however, to the tendering procedure.

The list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- prices and availability's of pigmeat products on the Community market,

- prices for pigmeat products on the world market;

When the refund is being fixed, particular account shall also be taken of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries, and the use of third-country products brought in under processing arrangements.

When the refund on the products listed in Article 1 is being calculated, account shall be taken of the difference between prices within the Community and prices on the world market for the quantity of feed grain required for the production in the Community of one kilogram of pigmeat, the coefficients referred to in Article 5 (2) also being taken into account in the case of products other than pig carcasses.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- that the products have been exported from the Community,

- that the products are of Community origin, except where paragraph 10 applies, and

- that in the case of a differentiated refund the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to paragraph 7 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 24, provided conditions are laid down which offer equivalent guarantees.

- that the product to be exported and the product previously imported are one and the same, and

- that all import duties were collected on importation.

In such cases the refund on each product shall be equal to the duty collected on importation where that duty is equal to or lower than the refund applicable; the refund shall be equal to the refund applicable where the duty collected on importation is higher than that refund.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and define the cases in which and the limits within which Member States may take protective measures.

Council Regulation (EEC) No 2766/75 of 29 October 1975 (OJ No L 282, 1. 11. 1975, p. 25), as last amended by Regulation (EEC) No 3906/87 (OJ No L 370, 30. 12. 1987, p. 11).

Council Regulation (EEC) No 2768/75 of 29 October 1975 (OJ No L 282, 1. 11. 1975, p. 39).

Council Regulation (EEC) No 2769/75 of 29 October 1975 (OJ No L 282, 1. 11. 1975, p. 43).

The above Regulations are repealed.

ANNEX XI
POULTRYMEAT

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 6 and 8.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined specifically on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on the chronological order of the lodging of applications ('first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for application of this Article.

They may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

Refunds shall be fixed in accordance with the procedure laid down in Article 17. Refunds shall be fixed at regular intervals, without recourse, however, to the tendering procedure.

The list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- prices and availability's of poultrymeat products on the Community market,

- prices for poultrymeat products on the world market;

When the amount of the refund is set, account shall also be taken in particular of the need to establish a balance between the use of Community basic agricultural products for export as processed goods to third countries, and the use of products from those countries admitted for inward processing.

In addition, for the purpose of calculating the refund for the products referred to in Article 1 (1), account shall be taken of the difference between Community and world market prices for the amount of feed-grains required to produce one kilogram of slaughtered poultry in the Community, allowing, in the case of products other than slaughtered poultry, for the differences in the weight of the different products and/or the average of their commercial values.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- that the products have been exported from the Community,

- that the products are of Community origin, except where paragraph 10 applies, and

- that, in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to paragraph 7 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 17, provided conditions are laid down which offer equivalent guarantees.

In such cases the refund on each product shall be equal to the duty collected on importation where that duty is equal to or lower than the refund applicable; the refund shall be equal to the refund applicable where the duty collected on importation is higher than that refund.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a Commission proposal in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and define the cases in which and the limits within which Member States may take protective measures.

Council Regulation (EEC) No 2780/75 of 29 October 1975 (OJ No L 282, 1. 11. 1975, p. 94).

The above Regulations are repealed.

ANNEX XII
EGGS, OVALBUMIN AND LACTALBUMIN

A. EGGS

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 6 and 8.

Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force major, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined specifically on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on the chronological order of the lodging of applications (first come, first served principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the simultaneous examination method),

- method based on taking traditional trade patterns into account (using the traditional/new arrivals method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for application of this Article.

They may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

Refunds shall be fixed in accordance with the procedure laid down in Article 17. Refunds shall be fixed at regular intervals without recourse, however, to the tendering procedure.

The list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- prices and availability's of egg-sector products on the Community market,

- prices of egg-sector products on the world market;

When the amount of the refund is set, account shall also be taken in particular of the need to establish a balance between the use of Community basic agricultural products for export as processed goods to third countries, and the use of products from those countries admitted for inward processing.

Moreover, when the amount of the refund is calculated, account shall be taken, in the case of the products listed in Article 1 (1), of the difference between the prices in the Community on the one hand and on the world market on the other of the quantity of feed-grain needed in the Community to produce one kilogram of eggs in shell and having regard, in the case of products other than eggs in shell, to the quantity of eggs in shell used in the manufacture of such products and/or the average ratio between the commercial values of the egg constituents.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- the products have been exported from the Community,

- the products are of Community origin, except where paragraph 11 applies, and

- in the case of a differentiated refund, the products have reached the destination for which the refund was fixed, without prejudice to paragraph 7 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 17, provided conditions are laid down which offer equivalent guarantees.

- the product to be exported and the product previously imported are one and the same, and

- the levy was collected on importation. In such cases the refund on each product shall be equal to the levy collected on importation where this levy is equal to or lower than the refund applicable; the refund shall be equal to the refund applicable where the levy collected on importation is higher than this refund.

- products listed in Article 1 (1) which are intended for the manufacture of products listed in Article 1 (1) (b), and

- in special cases, products listed in Article 1 (1) which are intended for the manufacture of goods listed in Annex I.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

Council Regulation (EEC) No 2775/75 of 1 October 1975 (OJ No L 282, 1. 11. 1975, p. 72).

The above Regulations are repealed.

B. OVALBUMIN AND LACTALBUMIN

'Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the following products:'.

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Article 4.

Import licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported during the term of validity of the licence; except in cases of force major, the security shall be forfeited on whole or in part if import is not carried out, or is only carried out partially, within that period.

1. In order to prevent or counteract adverse effects on the market in the Community which may result from imports of certain products listed in Article 1, imports of one or more of such products at the rate of duty laid down in Article 10 shall be subject to payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture concluded in accordance with Article 228 of the Treaty in the framework of the Uruguay Round of multilateral trade negotiations 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 volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.

- method based on chronological order of the lodging of applications (first come, first served principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the simultaneous examination method),

- method based on taking traditional trade patterns into account (using the traditional/new arrivals method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

The Council, acting in accordance with the procedure laid down in Article 43 of the Treaty, shall, if necessary, adopt detailed rules for the application of this Article.'

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.'

ANNEX XIII
FRUIT AND VEGETABLES

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 25 and 26.

Import and export licences shall be valid throughout the Community; such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

The cif import prices shall be checked to that end on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.

- method based on the order in which applications are submitted (on a 'first come, first served' basis);

- method allocating quotas in proportion to the quantities requested when applications are submitted (using the 'simultaneous examination' method),

- method based on traditional trade flows (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid discrimination between the operators concerned.

Where the international trade situation or the specific requirements of certain markets make this necessary, the refund for a given product may vary according to the destination of the product.

Refunds shall be fixed in accordance with the procedure laid down in Article 33. Refunds shall be fixed at regular intervals. Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

- prices and availabilities of fruit and vegetables on the Community market,

- prices for fruit and vegetables in international trade;

When the world market prices referred to in paragraph 1 are being determined particular account shall be taken of:

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- that the products have been exported from the Community,

- that the products are of Community origin, and that, in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to paragraph 7 (b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 33, provided conditions are laid down which offer equivalent guarantees.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

Such measures may be applied only until, depending on the case, the disturbance or threat of disturbance has ceased or the quantities withdrawn or bought in have diminished appreciably.

The Council, acting on a proposal from the Commission in accordance with the procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

Council Regulation (EEC) No 1200/88 of 28 April 1988 (OJ No L 115, 3. 5. 1988, p. 7), as last amended by Regulation (EEC) No 3821/90 (OJ No L 366, 29. 12. 1990, p. 45)

The above Regulations shall be repealed.

ANNEX XIV
PROCESSED FRUIT AND VEGETABLES

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 12, 13, 14 and 14a.

Import and export licences shall be valid throughout the Community. The issue of such licences may be subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

- the free-at-frontier prices on import into the Community,

- the prices obtaining on world markets,

- the situation on the internal Community market,

- the trend of trade with third countries.

Where the minimum import price is not observed, a countervailing charge in addition to customs duty shall be imposed, based on the prices of the main supplier third countries.

A minimum import price shall be fixed for currants and for other dried grapes. For each of the two groups of products, the minimum import price may be fixed for products in immediate packing of a net weight to be determined and for products in immediate packing of a net weight exceeding that weight.

- 1 % of the minimum price for the first step,

- 3, 6 and 9 %, respectively, of the minimum price for the second, third and fourth steps.

The fifth step of the scale shall cover all cases where the import price is lower than that applied for the fourth step.

The maximum countervailing charge to be fixed for dried grapes shall not exceed the difference between the minimum price and an amount determined on the basis of the most favourable prices applied on the world market for significant quantities by the most representative non-member countries.

The trigger volumes to be exceeded in order to have the additional import duty imposed shall be determined particularly on the basis of imports into the Community in the three years preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to arise.

The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market or on the Community import market for the product.

- method based on chronological order of the lodgment of applications ('first come, first served' principle),

- method of distribution in proportion to the quantities requested when the applications were lodged (using the 'simultaneous examination' method),

- method based on taking traditional trade patterns into account (using the 'traditional/new arrivals' method).

Other appropriate methods may be adopted.

They must avoid any discrimination between the operators concerned.

- glucose and glucose syrup falling within CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99 and 1702 40 90,

- isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, and

- beet and cane syrups falling within CN code 1702 90 90,

used in the products listed in Article 1 (1) (b),

on the basis of prices for those products in international trade and within the limits resulting from agreements concluded in accordance with Article 228 of the Treaty, the difference between those prices and prices in the Community may be covered by export refunds.

Where the situation in international trade or the specific requirements of certain markets make this necessary, the refund on a given product may be varied according to destination.

Refunds shall be fixed in accordance with the procedure laid down in Article 22. Refunds shall be fixed at regular intervals.

Refunds fixed at regular intervals, may, if necessary, be amended in the interval by the Commission at the request of a Member State or on its own initiative.

Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph.

- prices and availability on the Community market of products processed from fruit and vegetables,

- prices ruling in international trade;

The following shall be taken into account when prices in international trade are being determined:

- the products have been exported from the Community,

- the products are of Community origin, and

- in the case of a differentiated refund the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 13 (5) (b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 22, provided conditions are laid down which offer equivalent guarantees.

- for raw sugar, white sugar and beet and cane syrup, the amount of the export refund for such products in the unprocessed state, fixed in accordance with Article 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector and its implementing provisions,

- for isoglucose, the amount of the export refund for that product in its unprocessed state, fixed in accordance with Article 17 of Regulation (EEC) No 1785/81 and its implementing provisions,

- for glucose and glucose syrup, the amount of the export refund for such products in their unprocessed state, fixed for each of those products in accordance with Article 13 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the markets in cereals, and its implementing provisions.

The accuracy of the declaration referred to in the first paragraph shall be subject to checking by the competent authorities of the Member States concerned.

- that the product to be exported and the product previously imported are one and the same, and

- that the import duties where collected on importation.

In the case covered by subparagraph (b), the refund on each product shall be equal to the duties collected on importation where the latter are lower than the refund applicable; where the duties collected on importation are higher than that refund, the latter shall apply.

- the products fulfil either of the two conditions set out in the preceding paragraph,

- the products have been exported from the Community, and in the case of a differentiated refund the products have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 13 (5) (b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 22, provided conditions are laid down which offer equivalent guarantees.

- the products referred to in Article 13 (1) (b), and

- fruit and vegetables,

intended for the manufacture of the products listed in Article 1 (1).

- the nature of the product processed from fruit of vegetables which contains added sugar,

- the added sugar content of the product in question,

- the prices of white sugar in the Community and on the world market,

- the export levy applicable to white sugar,

- the economic implications of applying the said charge.

However, at the request of the exporter, if the added sugar content per 100 kilograms net weight of product, established in accordance with paragraph 4, is two kilograms or more below the content expressed by the figure for the product in question appearing in column 1 of Annex III, the content established in accordance with paragraph 4 shall be used.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for application of this paragraph and shall determine the cases in which and limits within which Member States may take protective measures.

Council Regulation (EEC) No 520/77 of 14 March 1977 (OJ No L 73, 21. 3. 1977, p. 26)

Council Regulation (EEC) No 521/77 of 14 March 1977 (OJ No L 73, 21. 3. 1977, p. 28)

Council Regulation (EEC) No 1796/81 of 30 June 1981 (OJ No L 183, 4. 7. 1981) as last amended by Regulation (EEC) No 1122/92 (OJ No L 117, 1. 5. 1992, p. 98)

Council Regulation (EEC) No 2089/85 of 23 July 1985 (OJ No L 197, 27. 7. 1985, p. 10)

Council Regulation (EEC) No 3225/88 of 17 October 1988 (OJ No L 288, 21. 10. 1988, p. 11)

Council Regulation (EEC) No 1201/88 of 28 April 1988 (OJ No L 115, 3. 5. 1988, p. 9), as last amended by Regulation (EEC) No 2781/90 (OJ No L 265, 28. 9. 1990, p. 3)

The above Regulations are repealed.

ANNEX XV
BANANAS

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined in particular on the basis of Community imports over the three years preceding the year in which the adverse effects referred to in paragraph 2 have occurred or are likely to occur.

The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market or on the Community import market for the product

For the purposes of this Title:

'Import licences shall be valid throughout the Community. Save where derogations are adopted under the procedure laid down in Article 27, such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported in compliance with this Regulation, during the term of validity of the licence; save in cases of force majeure, the security shall be forfeited in whole or in part if import is not carried out, or is only carried out partially, within that period.'

Within the framework of the tariff quota, imports of third-country bananas shall be subject to a levy of ECU 75 per tonne and imports of non-traditional ACP bananas shall be subject to a zero duty. For 1994, the tariff quota shall be 2,1 million tonnes (net weight).

Where Community demand determined on the basis of the supply balance referred to in Article 16 increases, the volume of the quota shall be increased in consequence, in accordance with the procedure laid down in Article 27. Any such adjustment shall be made before 30 November preceding the marketing year concerned.

- measures guaranteeing the provenance and origin of bananas imported within the tariff quota provided for in Article 18 (1),

- measures necessary to fulfil obligations arising from agreements concluded by the Community in accordance with Article 288 of the Treaty.'

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the application of this paragraph and shall determine the cases in and limits within which Member States may take interim protective measures.

ANNEX XVI
WINE

Licences shall be valid throughout the Community.

Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; save in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is only carried out partially, within that period.

Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set in accordance with paragraph 3 which may not exceed the flat-rate value by more than 10 %, the lodging of a security equal to the import duties determined on the basis of the flat-rate import value shall be required.

If the entry price of the consignment in question is not declared at the time of customs clearance, the application of the rates of duty in the Common Customs Tariff depends on the flat-rate import value or the application of the relevant provisions of customs legislation under conditions to be determined in accordance with paragraph 3.

The trigger volumes which must be exceeded for an additional import duty to be imposed shall be determined in particular on the basis of Community imports over the three years preceding the year in which the adverse effects referred to in paragraph 1 have occurred or are likely to occur.

The cif import prices shall be verified for this purpose on the basis of representative prices for the product in question on the world market or on the Community import market for the product.

on the basis of prices for those products in international trade and within the limits resulting from agreements concluded in accordance with Article 228 of the Treaty, the difference between those prices and prices in the Community may be covered by export refunds.

The refunds referred to in paragraph 1 (a) shall be fixed in accordance with the procedure laid down in Article 83. They shall be fixed at regular intervals.

Refunds fixed at regular intervals may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative.

The provisions of Article 56 regarding the products referred to therein shall apply on a supplementary basis.

Appropriate measures may be taken to preclude abuse of the flexibility provided for in this paragraph.

With regard to compliance with the obligations arising under agreements concluded in the framework of the Uruguay Round of trade negotiations, the ending of a reference period shall not affect the validity of export licences.

- in the case of raw sugar and white sugar, the amount of refund for export of these products unprocessed as fixed in accordance with Article 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the market in the sugar sector and with the provisions adopted for its application;

- in the case of glucose and glucose syrup, the amount of the refund for export of these products unprocessed as fixed for each of these products in accordance with Article 13 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals and with the provisions adopted for its application.

To qualify for the refund, processed products must, on export, be accompanied by a declaration from the applicant indicating the amounts of raw sugar, white sugar, glucose and glucose syrup used in there manufacture.

The accuracy of this declaration shall be subject to checks by the competent authorities of the Member State concerned.

- prices and availability of the products listed in Article 55 (1) on the Community market;

- world market prices for those products;

The following shall be taken into account the prices in international trade referred to in Article 55 (1) are being determined:

- are of Community origin, save where paragraph 7 applies;

- have been exported from the Community, and

- in case of a differentiated refund, have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 55 (5) (b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 83, provided that conditions are laid down which offer equivalent guarantees.

Additional provisions may be adopted in accordance with the procedure laid down in Article 83.

- the product to be exported and the product previously imported are one and the same;

- import duties have been collected on importation.

In such cases the refund on each product shall be equal to the duties collected on importation where these are equal to or lower than the refund applicable; where the duties collected on importation are higher than the refund applicable, the refund shall equal the latter.

- the levying of any charge having equivalent effect to a customs duty;

- the application of any quantitative restriction or measure having equivalent effect.

In order to assess whether the situation justifies the application of such measures, the following in particular must be taken into account:

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt general rules for the application of this paragraph and define the cases in which and the limits within which Member States may take interim protective measures.

For the purposes of this Article, "geographical indications" is taken to mean indications which identify a product as originating in the territory of a third country which is a member of the World Trade Organization or in a region or locality within that territory, in cases where a certain quality, reputation or other given characteristic of the product may be attributed essentially to that geographical place of origin.

The above Regulations are repealed.

ANNEX XVII
TOBACCO

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

ANNEX XVIII
HOPS

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or annul the measure in question.

ANNEX XIX
LIVE TREES AND OTHER PLANTS, BULBS, ROOTS AND THE LIKE, CUT FLOWERS AND ORNAMENTAL FOLIAGE

Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community. Import licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing the products are imported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import is not carried out, or is only carried out partially, within that period.

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

ANNEX XX
SEEDS

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

ANNEX XXI
MISCELLANEOUS REGULATIONS

- the levying of any charge having equivalent effect to a customs duty,

- the application of any quantitative restriction or measure having equivalent effect.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

ANNEX XXII
THE OUTERMOST REGIONS

'The import duties provided for in the Common Customs Tariff'

1 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).

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

3 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).

4 OJ No L 197, 18. 7. 1987, p. 33

6 OJ No 172, 30. 9. 1966, p. 3025/66.