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Procedure : 1999/0284(CNS)
Document stages in plenary
Document selected : A5-0228/2000

Texts tabled :

A5-0228/2000

Debates :

Votes :

Texts adopted :

P5_TA(2000)0400
P5_TA(2000)0452

Texts adopted
Thursday, 21 September 2000 - Brussels
Trade arrangements applicable to certain goods resulting from the processing of agricultural products *
P5_TA(2000)0400A5-0228/2000

Proposal for a Council regulation amending Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (COM(1999) 717 - C5-0095/2000 - 1999/0284(CNS) )

The proposal was amended as follows(1) :

Text proposed by the Commission(2)   Amendments by Parliament
(Amendment 1)
Recital -1 (new)
(-1) The forthcoming agricultural negotiations in the framework of the World Trade Organisation must, on the European side, be conducted in such a way as to maintain the trade development prospects of the agri-foodstuffs processing industry while meeting the requirements of the European agricultural model. The amendment of Council Regulation (EC) No 3448/93 of 6 December 1993 laying down trade arrangements applicable to certain goods resulting from the processing of agricultural products can only provide an emergency and provisional response to the European agri-foodstuffs industry's supply problems, pending a solution to the underlying problems. Therefore, alternative solutions should be considered in order to respond to specific sectoral problems; export refunds should be given in priority to those sectors that in practice cannot have access to inward processing for specific reasons (e.g. when industry cannot have access to imports because of problems related to GMOs). In any event, the measures taken should not deprive the agri-foodstuffs processing industry of the scope for financing afforded by the Uruguay Round accords.
(Amendment 2)
Recital 2a (new)
(2a) The industrial sector concerned, on which 2.5 million jobs in Europe depend, is significant and constitutes an important factor in social stability and regional planning.
(Amendment 3)
Recital 3
   (3) Under agreements concluded in accordance with Article 300 of the Treaty, it is possible that the requirements for the processing industries in terms of agricultural raw materials may not be covered completely, under competitive conditions, by Community raw materials. Article 117(c) of Council Regulation (EEC) No 2913/92, as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council establishing the Community Customs Code, admits goods under the inward processing arrangements subject to fulfilment of the economic conditions as defined by Commission Regulation (EC) No 2454/93, as last amended by Regulation (EC) No 1662/1999. Having regard to the abovementioned agreements, there should also be provision for considering the economic conditions to have been fulfilled for the admission of certain quantities of agricultural products under the processing arrangements.
   (3) Under agreements concluded in accordance with Article 300 of the Treaty, it is possible that the requirements for the processing industries in terms of agricultural raw materials may not be covered completely, under competitive conditions, by Community raw materials. Article 117(c) of Council Regulation (EEC) No 2913/92, as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council establishing the Community Customs Code, admits goods under the inward processing arrangements subject to fulfilment of the economic conditions as defined by Commission Regulation (EC) No 2454/93, as last amended by Regulation (EC) No 1662/1999. Having regard to the abovementioned agreements, there should also be provision for considering the economic conditions to have been fulfilled for the admission of certain quantities of agricultural products under the processing arrangements. An exemption should be introduced for milk to the effect that liquid milk from the internal market may be regarded as the equivalent of imported milk powder and/or butter provided that there is a balance in the content of the ingredients of the milk concerned and a correction is applied for the value added in the imported products.
(Amendment 4)
Recital 3a (new)
(3a) In using and allocating the export refund budget for goods not covered by Annex I, it should be ensured that the export refunds for individual agricultural raw materials are financed by means of producer levies and are not paid from the Community budget. This fact must be taken into account by giving priority to such raw materials in allocating export refunds.
(Amendment 5)
Recital 4a (new)
(4a) Primary agricultural primary products imported at world market prices under inward processing arrangements, which are exported as processed products with export refunds, must not result in disruption of internal trade in those products.
(Amendment 6)
Recital 4b (new)
(4b) In order to guarantee respect for the European agricultural model and the constraints arising from the reform of the CAP as a whole, and to maintain the budgetary interests of the Union, the quantities of imported raw materials eligible for inward processing arrangements must take due account of the market situation and developments in the budgetary and regulatory framework. Distortions between the individual raw materials may be avoided by granting authorisation for inward processing only for specific raw materials and not in the form of vouchers which are transferable between different raw materials.
(Amendment 7)
Recital 4c (new)
(4c)In view of their specific interests, small exporters should be exempted from submission of certificates under the export refund arrangements.
(Amendment 9)
Recital 4d (new)
(4d)In successive financial years the necessary appropriations should be made available so that the products not covered by Annex I may enjoy the full effects of the devaluation of the euro in relation to the dollar and the scope for carrying over refund appropriations not disbursed during preceding financial years, to enable the current WTO ceiling to be used to the maximum.
(Amendment 8)
ARTICLE 1(2)
Article 8(5a) (new) (Regulation (EC) No 3448/93)
5a.The amount below which small exporters may be exempted from presentation of certificates under the export refund arrangements shall be set at EUR 50 000 per year. This amount may be adjusted in the light of the requirements of the various sectors concerned.
(Amendment 10)
ARTICLE 1(3)
Article 11(1), 2nd subparagraph, (Regulation (EC) No 3448/93)
Moreover, and in accordance with Regulation (EEC) No 2454/93, the economic conditions referred to in Article 117(c) of Regulation (EEC) No 2913/92 shall also be considered fulfilled for certain quantities of agricultural products used for the manufacture of goods. These quantities shall be determined with the aid of a supply balance drawn up by the Commission based on a comparison between the required available funds and the forecast refund requirements. This supply balance, and hence these quantities, shall be reviewed at regular intervals in order to take account of developments in economic and regulatory factors.
Moreover, and in accordance with Regulation (EEC) No 2454/93, the economic conditions referred to in Article 117(c) of Regulation (EEC) No 2913/92 shall also be considered fulfilled for certain quantities of agricultural products used for the manufacture of goods. These quantities shall be determined with the aid of a supply balance drawn up by the Commission based on a comparison between the required available funds and the forecast refund requirements (which latter figure shall be deemed to include the estimated amount saved through the targeting of certain products for the abolition or reduction of export refunds) . This supply balance, and hence these quantities, shall be reviewed at regular intervals in order to take account of the internal and external market situation and developments in the budgetary and regulatory framework.
(Amendment 11)
ARTICLE 1(3)
Article 11(1), third subparagraph (Regulation (EC) No 3448/93)
The detailed rules for the application of the preceding paragraph, making it possible to determine the agricultural products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall be adopted in accordance with the procedure referred to in Article 16.
The detailed rules for the application of the preceding paragraph, making it possible to determine the agricultural products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall guarantee greater clarity for operators through prior publication for each COM of indicative import quantities during each period in which applications are submitted for refund certificates. The detailed application rules shall be adopted in accordance with the procedure referred to in Article 16.
(Amendment 12)
ARTICLE 1(3)
Article 11(1a) (new) (Regulation (EC) No 3448/93)
1a.With regard to the raw materials ordered by the food industry at world market prices under the inward processing arrangements, the Commission should ensure that priority is given to the use of raw materials available in the EU which would otherwise be exported without export subsidies onto the world market (e.g. C-sugar). In allocating export refund certificates, account must be taken of the fact that the common organisations of the market for certain agricultural raw materials provide for producer levies to finance export refunds. Priority should therefore be given to those raw materials when the export refund budget is allocated.
(Amendment 16)
ARTICLE 1(3)
Article 11(1b) (new) (Regulation (EC) No 3448/93) (new)
1b. The Commission shall give particular attention to the situation of small and medium sized processing companies whose products have been subjected to targeted cuts in export refunds, especially in fragile peripheral communities and regions , and shall favour compensatory inward processing arrangements designed to maintain the economy and social fabric of adversely affected areas.
(Amendment 13)
ARTICLE 1, PARAGRAPH 3
Article 11(2) (Regulation (EC) No 3448/93)
   2. The quantity of goods admitted under inward processing arrangements and, therefore, not subject to the charge provided for in Article 2 for the purpose of or as a result of exporting other goods shall be that actually used in the manufacture of the goods.
   2. The quantity of goods admitted under inward processing arrangements and, therefore, not subject to the charge provided for in Article 2 for the purpose of or as a result of exporting other goods shall be the quantities of individual raw materials actually used in the manufacture of the goods.
(Amendment 14)
ARTICLE 1(3)
Article 11(2a) (new) (Regulation (EC) No 3448/93)
2a.As an exemption from the provisions of Article 115(2) of Regulation (EEC) No 2913/92, the quantity referred to in paragraph 2 of this Article may be replaced by imports of milk powder and/or butter/butter oil provided that liquid milk or cream is used in the production of the exported goods and that none of the following ingredients of milk: milk fat, milk protein and lactose, calculated on the basis of dry matter, exceed the corresponding ingredients used in production. The quantities shall be reduced however by a coefficient equivalent to the value added through processing in the imported products as established by the Commission in accordance with the procedure laid down in Article 16.
(Amendment 15)
ARTICLE 1 (5a) (new)
Article 21a (new) (Regulation (EC) No 3448/93)
5a. The following Article is added after Article 21:
"Article 21a
The Commission shall submit an interim report to the European Parliament at the end of the first year of the new system, which should, in particular, take stock of the situation in each COM concerned.”

(1) The matter was then referred back to committee pursuant to Rule 69(2).
(2) OJ C 89 E, 28.3.2000, p. 81.

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