Tag Archives: Import

Assistance for traditional ACP suppliers of bananas

Outline of the Community (European Union) legislation about Assistance for traditional ACP suppliers of bananas

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > African Caribbean and Pacific states (ACP)

Assistance for traditional ACP suppliers of bananas

Document or Iniciative

Council Regulation (EC) No 2686/94 of 31 October 1994 establishing a special system of assistance to traditional ACP suppliers of bananas.

Council Regulation (EC) No 856/1999 of 22 April 1999 establishing a special framework of assistance for traditional ACP suppliers of bananas.

Summary

Traditional African, Caribbean and Pacific (ACP) suppliers of bananas have benefited from a framework of assistance to improve the competitiveness and diversification of their agricultural production.

The term traditional ACP suppliers of bananas does not refer to all current ACP suppliers of bananas. The countries involved (defined according to historical references) are: Belize, Cameroon, Cape Verde, Côte d’Ivoire, Dominica, Grenada, Jamaica, Madagascar, Saint Lucia, Saint Vincent and the Grenadines, Somalia and Suriname.

Within the meaning of the Regulation, the term “bananas” means fresh or dried bananas, excepting plantains.

The temporary special framework of assistance (SFA) is established by Regulation (EC) No 856/1999 for a period of ten years with effect from 1 January 1999.

Activities eligible for assistance

The assistance measures aim to:

increase productivity and improve product quality, including in the field of plant health;
adapt production, distribution or marketing methods, particularly in the context of the standards provided for in Regulation (EEC) No 404/93 and (EC) No 1234/2007;
establish producers’ organisations to improve the marketing and competitiveness of their products;
develop fair trade, and systems of certifying environmentally-friendly production methods;
develop a production and/or marketing strategy to meet the requirements of the market;
assist with training, market intelligence and the development of environment-friendly and fair production methods;
support the diversification of production where improvement in the competitiveness of the sector is not sustainable.

Financing programmes

The financial assistance provided is designed to complement and reinforce the assistance provided under other instruments of development cooperation. Each year, the Commission fixes the maximum amount available to each supplier on the basis of the competitiveness gap observed and the scale of banana production of the country concerned.

The Regulation provides for mechanisms to reduce Community aid gradually. From 2004, a maximum reduction coefficient of 15 % will be applied each year to the level of assistance made available to each country. When programmes are implemented, this reduction coefficient will be reduced to an extent equivalent to the increase in competitiveness observed.

The projects financed under the “bananas” budget heading were devolved to the Commission delegations in the last quarter of 2005. This devolution has enabled the delegations to manage projects more effectively and to catch up on any commitment or payment backlogs.

Evaluation

The Commission was required to present a report to the European Parliament and the Council on the operation of the Regulation by 31 December 2000 and every two years thereafter.
It presented its first two-yearly report in February 2001, and the second in December 2002.

Context

Since the common market organisation (CMO) in bananas was established in 1993, ACP states have benefited from a preferential trade regime for exporting bananas to the EU. As such:

from 1993 to 2005 imports of bananas from non-ACP states were subject to quotas and customs duties. ACP states were not subject to customs duties within quota and benefited from reduced customs duties for imports above the quota;
in 2006 the general imports system was replaced by a system based only on customs duties, except for ACP states which benefited from a quota system exempt from customs duties;
since 2008, the ACP states which have negotiated an Economic Partnership Agreement (EPA) have benefited from access to the market without quotas or customs duties. The EPAs replace the trade provisions of the Cotonou Agreement which expired on 31 December 2007;
since 15 December 2009 customs duties applicable to imports from third countries (non-ACP states) have been EUR 148/tonne.

The special framework of assistance for ACP suppliers established in 1999 came to an end in 2008; however a number of projects are still underway.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2686/94	5.11.1994		OJ L 286 of 5.11.1994
Regulation (EC) No 856/1999	30.4.1999	–	OJ L 108 of 27.4.1999

Related Acts

Council Decision 2010/314/EU of 10 May 2010 on the signing and provisional application of the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States of America.

Commission Regulation (EC) No 1609/1999 of 22 July 1999 laying down the detailed rules for the implementation of Council Regulation (EC) No 856/1999 [Official Journal L 190 of 23.7.1999].
This Regulation lays down the detailed rules for the implementation of the special framework of assistance, for example the deadlines, the methods for calculating the reference price, the reference quantities and the competitivity gap.
Requests for assistance should be based on a coherent long-term strategy for the banana sector. Programmes submitted should be drawn up on the basis of this strategy and take the form of annual action plans. Funds allocated to countries which have not presented a request for assistance within the specified deadline shall be distributed to other countries.

REPORTS

Communication from the Commission to the Council and the European Parliament of 17 March 2010 – Biennial Report on the Special Framework of Assistance for Traditional ACP suppliers of Bananas [COM(2010) 103 final – Not published in the Official Journal].

The special framework of assistance (SFA) came to an end on 31 December 2008. Its implementation enabled traditional ACP suppliers of bananas to make progress in terms of:

competitiveness and adaptation to the needs of the European market and to EU standards and policies with the aim of sustainable economic development;
diversifying agricultural production and including it in the planning of the development of the country in a more integrated and strategic way.

However, the majority of these states remain vulnerable to external crises and must still overcome significant challenges to adapt to the constraints of world trade.

Communication from the Commission to the Council and the European Parliament –Special Framework of Assistance for traditional ACP Suppliers of Bananas (Council Regulation No 856/1999): Biennial Report from the Commission 2006 [COM(2006) 806 – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation (EC) No 856/1999): Biennial Report from the Commission – 2004 [COM(2004) 823 final – Not published in the Official Journal].
The EU trade regime has not changed since the last report and measures have been taken as part of enlargement.

Communication from the Commission to the Council and the European Parliament of 23 December 2002 – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation (EC) No 856/1999): Biennial Report from the Commission – 2002 [COM(2002) 763 final – Not published in the Official Journal].
In April 2001 the Community prepared a new regime in order to comply with WTO rules, putting an end to the “banana conflict” between the United States and the European Community. The amended regime is a compromise and contains major, phased changes to EU banana import arrangements:

the quota system should be replaced by a tariff-only system;
in the meantime, the EU market in bananas will continue to be managed through a quota system based on historical reference, which has also been discussed with the ACP countries.

In particular, the Commission notes that between 1999 and 2002 the amounts used to boost the productivity of banana plantations have declined, compared with those aimed at supporting diversification. These changes correspond to the Commission’s desire to improve the management of funds, in particular regarding transparency, security and identification of the various stakeholders’ responsibilities.

Communication from the Commission to the European Parliament of 7 February 2001 – Special Framework of Assistance for Traditional ACP Suppliers of Bananas (Council Regulation No 856/1999) – Biennial Report from the Commission 2000 [COM(2001) 67 final – Not published in the Official Journal].
Market conditions were difficult for the traditional ACP suppliers of bananas in 1999 and 2000. The market is dominated by cheaper bananas from Latin America. In addition, banana prices fell in 1999 and plummeted to an exceptional low in 2000. Furthermore, following the WTO’s unfavourable conclusions on the Commission’s import regimes in 1999, the Commission made significant changes to the import regime.

Exceptional trade measures

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Exceptional trade measures

Outline of the Community (European Union) legislation about Exceptional trade measures

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enlargement > The stabilisation and association process: the western balkans

Exceptional trade measures

Document or Iniciative

Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process (codified version).

Summary

The Western Balkan countries benefit from exceptional trade measures for their imports into the European Union (EU). These countries and territories are part of the Stabilisation and Association process.

The exceptional trade measures shall apply until 31 December 2010.

Trade preferences

Products originating in Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo shall be imported into the European Union without customs duties * or charges having equivalent effect and without quantitative restrictions * or measures having equivalent effect.

In addition, these trade preferences shall apply to certain agricultural products.

Conditions for entitlement

To benefit from the preferential measures, countries and territories must:

comply with the definition of originating product provided for in Regulation (EEC) No 2454/93; the products must have been wholly manufactured or have undergone sufficient processing in the country or territory;
undertake not to increase the level of taxes or restrictions on products imported from the EU;
combat fraud by means of administrative cooperation with the EU.

Beneficiaries should also engage in effective economic reforms and in cooperation with other countries concerned by the Stabilisation and Association process, in particular through the creation of a regional free trade area.

The Commission may suspend the trade preferences in whole or in part if a country fails to comply with its obligations.

Agricultural and fishery products

The customs duties applicable to certain fishery products and certain wines shall be suspended, within the limits defined in Annex I.

The customs duties applicable to imports of veal (baby beef) originating in Bosnia and Herzegovina, Serbia and Kosovo are defined in Annex II. The volume of the total annual tariff quota * is 11 475 tonnes, distributed as follows:

1 500 tonnes (carcass weight) for products originating in Bosnia and Herzegovina;
9 175 tonnes (carcass weight) for products originating in the customs territories of Serbia and Kosovo.

Imports of sugar products originating in Bosnia and Herzegovina, Serbia and Kosovo shall be subject to annual tariff quotas:

12 000 tonnes (net weight) for products originating in Bosnia and Herzegovina;
180 000 tonnes (net weight) for products originating in the customs territories of Serbia and Kosovo.

Regulation (EC) No 1234/2007 establishes procedures for the implementation of tariff quotas in relation to these products.

The Commission may take protective measures if imports of agricultural and fishery products cause serious disturbance to the EU’s internal market.

Keywords

Customs duties: a duty which alters the price of an imported product, irrespective of its name or technique, which results in a restriction on the free movement of goods.
Quantitative restriction: any trade regulation which may have the effect of limiting imports of goods, in terms of quantity or value (e.g. import quota).
Tariff quota: a trade measure which permits the total or partial suspension of the duties normally paid on an imported product, during a period of time or for a limited volume.

References

Act	Entry into force – expiry date	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1215/2009	4.1.2010 – 31.12.2010	–	OJ L 328 of 15.12.2009

Related Acts

Proposal for a Regulation of the European Parliament and of the Council on amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process [COM(2010) 54 final- Not published in the Official Journal].
This Proposal aims to extend the validity of the trade preferences granted to the Western Balkan countries until 2015.
Procedure: 2010/0036/COD

Intra-Community trade and imports of certain animals and their semen, ova and embryos

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Intra-Community trade and imports of certain animals and their semen, ova and embryos

Outline of the Community (European Union) legislation about Intra-Community trade and imports of certain animals and their semen, ova and embryos

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Veterinary checks animal health rules food hygiene

Intra-Community trade and imports of certain animals and their semen, ova and embryos

Document or Iniciative

Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC [See amending acts].

Summary

The Directive lays down the animal health requirements for the trade and import in the European Union (EU) of live animals, sperm, ova and embryos which are not covered by specific Community legislation (as is already the case for cattle and swine, equidae, sheep and goats, poultry and hatching eggs, certain live ungulates, as well as for aquaculture products).

Species covered by the Directive

The Directive lays down the animal health requirements applicable to trade in zoo animals, ungulates and birds which are not covered by other specific Directives, camelidae, bees, lagomorphs, minks, foxes, etc., as well as the trade in pet animals such as cats, dogs and ferrets. In order to be the subject of trade, ferrets, cats and dogs must meet the conditions provided for in Regulation (EC) No 998/2003 on the non-commercial movement of pet animals. For the latter category of animals, Finland, Ireland, Malta, the United Kingdom and Finland require additional guarantees. They may, for example, in certain cases, keep their national rules on quarantine for animals susceptible to rabies.

The Directive also lays down the animal health requirements applicable to trade in semen, ova and embryos of certain animals like equidae, sheep and goats.

Controls and penalties

Checks are carried out in accordance with the provisions of Council Directive 90/425/EEC applicable to intra-Community trade in live animals and their sperm, ova and embryos.

The Member States must take administrative or penal measures to penalize infringements of the Directive.

Live animals and their sperm, ova and embryos covered by this Directive and coming from third countries are subject to the minimum requirements laid down in Directive 97/78/EEC CEE concerning veterinary checks applicable to products from third countries.

Authorised imports

Imports from third countries are authorized provided they offer guarantees equivalent to those required in intra-Community trade. Conditions concerning the veterinary certificate, checks and transport are laid down, and animals must be quarantined prior to importation.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 92/65/EEC	29.7.1992	1.1.1994	OJ L 268 of 14. 9. 1992

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 998/2003	3.7.2003	–	OJ L 146 of 13. 6. 2003
Directive 2004/68/EC	20.5.2004	19.11.2005	OJ L 139 of 30.4. 2004
Directive 2008/73/EC	3.9.2008	1.1.2010	OJ L 219 of 14.8.2008

AMENDMENTS TO THE ANNEXES

Annex A – Notifiable diseases
Regulation (EC) No 1282/2002 [Official Journal L 187 of 16.7.2002];
Regulation (EC) No 1398/2003 [Official Journal L 198 of 6.8.2003].

Annex C – Conditions governing approval of bodies, institutes or centres
Decision 95/176/EC [Official Journal L 117 of 24.5.1995];
Regulation (EC) No 1282/2002 [Official Journal L 187 of 16.7.2002].

Annex D – Conditions governing semen collection and storage centres and embryo collection and production teams
Decision 95/176/EC [Official Journal L 117 of 24.5.1995];
Regulation (EU) No 176/2010 [Official Journal L 52 of 3.3.2010].

Annex E – Health certificate templates
Regulation (EC) No 1282/2002 [Official Journal L 187 of 16.7.2002];
Decision 2010/270/EU [Official Journal L 118 of 12.5.2010];
Decision 2010/684/EU [Official Journal L 293 of 11.11.2010].

Annex F – Trade and imports of animals, sperm, ova and embryos not subject to specific legislation
Directive 2004/68/EC [Official Journal L 139 of 30.4.2004].

Related Acts

Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements [Official Journal L 73 of 20.3.2010].

Commission Regulation (EC) No 1739/2005 of 21 October 2005 laying down animal health requirements for the movement of circus animals between Member States [Official Journal L 279 of 22.10.2005].

Agreement on trade in wine

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Agreement on trade in wine

Outline of the Community (European Union) legislation about Agreement on trade in wine

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > South Africa

Agreement on trade in wine

Document or Iniciative

Council Decision 2002/51/EC of 21 January 2002 on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of South Africa on trade in wine [Official Journal L28 of 30.01.2002].

Summary

Background

In October 1999, the European Community and South Africa concluded a Trade, Development and Cooperation Agreement (TDCA). This agreement governs their bilateral relations and is supplemented by four additional agreements, including an agreement on trade in wine and an agreement on trade in spirits. This agreement replaces the provisional agreement on this subject annexed to the TDCA.

Scope

The agreement applies to wine already mentioned in the 1983 International Convention on the Harmonised Commodity Description and Coding System.

The agreement lays down provisions on the marketing of existing stocks which do not conform to the conditions of the present agreement. Wine which has been produced using oenological practices or processes not envisaged by the agreement may be marketed until stocks are exhausted. Products which are described and labelled in a manner that does not conform to the agreement may be marketed by wholesalers or producers for a period of three years and by retailers until stocks are exhausted.

However, the agreement does not apply to wine which is in transit through the territory of one of the parties, or which originates in the territory of one of the parties and which is consigned in small quantities between those parties.

Wine production

The agreement highlights the authorised oenological practices and processes, which are listed in an annex. These include inter alia, specifications concerning the addition of certain substances such as tannin. The agreement establishes mutual recognition of wine practices and processes, which is essential in ensuring trade in wine between the parties.

Nevertheless, the agreement includes a safeguard clause which permits one of the parties to suspend provisionally the authorisation for processes or to restrict the prescriptions for practices. This clause may be invoked if, for example, it is considered that the process presents risks for public health. A decision is then taken on the appropriate process or practice.

Description and presentation of wine

The agreement provides for the reciprocal protection of names and other provisions linked to the description and presentation of wine. This involves the protection of names that refer to the Member State of the Community or to South Africa as well as geographical indications within countries (the name ‘Champagne’ for example). The indications protected for each Member State of the EC and for South Africa are listed in an annex to the agreement.

It is possible for the same geographical indications or very similar indications to be used by both parties. In this cases, both indications may be protected provided the name is traditionally and consistently used and the true origin of the wine is clear. With regard to indications of a place situated outside the territories of the parties, the provisions are the same, use of the indication being regulated by the country of origin. A joint committee is set up to give an opinion in such cases. However, specific provisions are laid down in relation to the ban on using the names ‘port’ and ‘sherry’.

The denomination ‘Retsina’ is a specific case. With a view to protecting the South African market, importers of Community ‘Retsina’ in South Africa must register the name as a trademark for certification in accordance with South African law.

Specific provisions relating to the names ‘port’ and ‘sherry’

South African and EC producers both use the names ‘port’ and ‘sherry’, which posed a problem in the negotiations on the agreement. Provisions aimed at resolving this problem were adopted in the annex to the TDCA and these provisions remain in force. They entered into force in January 2000, at the same time as the TDCA.

Following a transitional period, South Africa will phase out the use of the names ‘port’ and ‘sherry’. Initially, the names will no longer be used for its exports to the European Community. Within five years, the names will no longer be used for any export market, with the exception of the member countries of the SADC (South African Development Community), apart from the SACU (South African Customs Union), for which the deadline is eight years. Within South Africa, the names may be used for a transitional period of 12 years. For the purposes of the agreement, the South African internal market is defined as covering the SACU (South Africa, Botswana, Lesotho, Namibia and Swaziland).

Implementation

The correct application of the agreement is the responsibility of the authorities appointed by each party and a joint committee of representatives of both parties. The joint committee ensures that the agreement is applied, examines the questions raised, ensures coordination and may make recommendations on its implementation.

Infringements

The agreement provides for a consultation procedure in cases where one of the parties considers that the other has not complied with the agreement. If they do not reach agreement, they may invoke the dispute settlement procedure. In the absence of an agreement before the settlement body, the party may refer the matter to arbitrators.

Tariff quota for imports into the European Community

The European Community has also laid down other measures to facilitate the access of South African wine to the Community market. These measures amend the agreement on trade, development and cooperation. European Community establishes an annual duty-free tariff quota of 35.3 million litres of wine imported from South Africa. In addition, each year from 2002 to 2011 a fixed volume of 6.72 million litres will be added to the basic volume of the annual quota (these provisions are laid down in Council Regulation (EC) No 120/2002 amending Regulation (EC) No 2793/1999 as regards the adjustment of the tariff quota for wine). This volume represents an increase in relation to the annual quota set out in the provisional agreement annexed to the TDCA.

According to the agreement, imports from both territories must be accompanied by certificates conforming to particular specifications.

Community assistance for the restructuring of the South African wine and spirits sector

The European Community has undertaken, within the framework of the TDCA, to provide EUR 15 million to establish a programme on the restructuring of the wine and spirits sector and to ensure the marketing and distribution of South African wines and spirits.

Entry into force

The agreement enters into force on the first day of the month following that during which the parties have notified each other of the completion of the necessary procedures. In the meantime, the agreement entered into force provisionally on 28 January. However, the tariff quota for imports of South African wine into Europe was opened retroactively on 1 January 2002 and the period for the phasing-out of the names ‘port’ and ‘sherry’ began on the same date (Council Decision 2002/54/EC).

Reference

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Agreement between the EC and the Republic of South Africa on trade in wine	28.01.2002 (provisionally)	–	OJ L 28 of 30.01.2002

Essential medicines for developing countries

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Essential medicines for developing countries

Outline of the Community (European Union) legislation about Essential medicines for developing countries

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > Sectoral development policies

Essential medicines for developing countries (HIV/AIDS, tuberculosis and malaria)

Document or Iniciative

Council Regulation (EC) 953/2003 of 26 May 2003 to avoid trade diversion into the European Union of certain key medicines.

Summary

Scope

This Regulation applies to any pharmaceutical product used in the prevention, diagnosis and treatment of the following communicable diseases: HIV/AIDS, malaria and tuberculosis. It does not apply to goods of a non-commercial nature contained in travellers’ personal luggage for personal use within the limits laid down in respect of relief from customs duty.

The list of countries of destination can be found in Annex 2 to the Regulation. There are 76 countries listed.

Principle of tiered pricing

In order for pharmaceutical products to qualify as tiered priced products, their manufacturers or exporters of products must submit applications to the Commission. This application must specify:

the product’s name and composition as well as sufficient information to verify which disease it is preventing, diagnosing or treating;
the proposed price;
the countries of destination.

If the Commission, assisted by a committee of representatives of the Member States, decides that the application fulfils the criteria set out in the Regulation, the product is added to Annex 1 and the applicant informed within 15 days of the date of the decision.

Setting tiered prices

When setting a tiered price, the applicant manufacturer or exporter has two options:

25 % of the average ex-factory price charged in OECD markets;
the direct production costs plus 15 %.

General obligation

It is illegal to import into the Community tiered priced products for the purposes of entry, release for free circulation, re-export, placing under suspensive procedures or placing in a free-zone or free warehouse.

Identification of tiered priced products: marking with a logo

Once a product has been approved as a tiered priced product the manufacturer and exporter affix a logo (see Annex 5) on all packaging, products and documents used in connection with the approved product.

Manufacturers and exporters of tiered priced products sold in the poorest developing countries may, in addition, identify these products by affixing the text “Approved as tiered priced product by EC under Regulation …….” in any of the official languages of the European Union on any packaging or by differentiating the product in a way as may seem fit.

Any additional information (means of transport, trading routes, batch-numbers, etc.) available to the exporter should be made available to the customs authorities to assist them in identifying tiered priced products.

Controls performed by the Member States’ customs authorities

The customs authorities will suspend the release of, or detain, tiered priced products for as long as is necessary to obtain a final decision from the competent authorities on the nature of the goods in question.

If imported products are recognised by the competent authority as tiered priced products, that authority will issue a decision instructing the customs authority to destroy these products unless the importer is prepared to make the goods available for humanitarian purposes to the benefit of countries listed in Annex 2. Destruction is normally carried out at the expense of the importer but in any case without cost to the exchequer.

Where imported products are found not to qualify as tiered priced products as defined in this Regulation, the competent authority issues a decision to that effect enabling the customs authority to release the products to the consignee.

Monitoring the volume of exports of tiered priced products

Manufacturers and exporters are obliged to submit annual reports to the Commission on the volume of sales of each tiered priced product. On the basis of these reports, the Commission reports to the Council on the volumes exported.

Intellectual property law

This regulation has been laid down in parallel with the debate in the WTO’s TRIPs (Trade-Related Aspects of Intellectual Property Rights) Council on the possibility of allowing the developing countries, in health emergencies, to obtain compulsory licences to manufacture the medicines they need.

If the countries in question obtain the medicines they need through tiered pricing, as the proposal for a Regulation suggests, they will not need such compulsory licences.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) 953/2003	4.6.2003	–	OJ L 135 of 3.6.2003

Subsequent amendments and corrections to Regulation (EC) 953/2003 have been incorporated in the basic text. This consolidated version has a purely documentary value”.

Ban on trade in cat and dog fur

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Ban on trade in cat and dog fur

Outline of the Community (European Union) legislation about Ban on trade in cat and dog fur

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal welfare

Ban on trade in cat and dog fur

Document or Iniciative

Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur.

Summary

The Regulation bans, from 31 December 2008, the placing on the market and the import to or export from the European Union (EU) of cat and dog fur and products containing such fur.

The ban may exceptionally be subject to derogations by the Commission, for educational or taxidermy purposes.

By 31 December 2008 the Member States must inform the Commission of the analytical methods they use to identify the species of origin of fur (e.g. MALDI-TOF Mass Spectrometry). The Commission may adopt measures establishing analytical methods to be used in this sphere.

By 31 December 2008 the Member States must lay down appropriate penalties to ensure that the ban is complied with and notify those provisions to the Commission.

By 31 December 2010 the Commission must report on the application of the Regulation.

Background

The Treaty does not allow the Community to legislate on the basis of ethical concerns. That is why the proposal is based on the possibility, confirmed by consistent Court of Justice case-law, of adopting measures aimed at preventing obstacles that may affect the functioning of the Internal Market, in this case in the fur trade sector.

Several Member States have in fact already taken measures to restrict trade in cat and dog fur on their territory, forcing professionals in this sector to comply with different obligations depending on the country.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1523/2007	16.1.2008	–	OJ L 343, 27.12.2007

Related Acts

Communication from the Commission to the European Parliament and the Council of 23 January 2006 on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 [

COM(2006) 13 final

– Official Journal C 49 of 28.2.2006].
For the period 2006-2010, the European Union (EU) is planning general measures aimed at ensuring animal welfare and protection. The measures will focus on improving standards, developing research and indicators, informing professionals and consumers and taking action at international level.

External trade: statistics relating to non-member countries

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External trade: statistics relating to non-member countries

Outline of the Community (European Union) legislation about External trade: statistics relating to non-member countries

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External trade

External trade: statistics relating to non-member countries

Act

Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95.

Summary

This Regulation establishes harmonised rules on the production of European statistics relating to trade in goods between the European Union (EU) and third countries.

Scope

Trade statistics concern imports and exports of goods *. Pursuant to the Customs Code, this Regulation establishes that:

goods leaving the statistical territory of the EU * shall be considered as exports;
goods entering the statistical territory of the EU shall be considered as imports.

Certain types of goods or movements of goods (such as industrial plants, aircraft, military goods, waste products or electricity and gas) are subject to specific provisions.

Data source

The customs declaration
* for imported or exported goods is considered as the main source for the recording of statistical data.
However, Member States are free to use other data sources to produce their national statistics.

Statistical data

For each monthly reference period, EU countries are to produce statistics relating to external trade in goods. These statistics are expressed in value and quantity, in particular according to:

the type of goods;
the importing or exporting country;
the statistical procedure;
the nature of the transaction;
preferential treatment on import;
the mode of transport.

Each year, EU countries are to establish statistics on external trade in goods, and according to business characteristics, pursuant to Regulation (EC) No 177/2008. Namely in relation to:

the economic activity carried out by the enterprise, according to the section of the common statistical classification of economic activities in the European Community (NACE);
the number of employees.

Statistics are prepared using data relating to business characteristics and import and export data.
Every two years, EU countries are to compile statistics on trade in imported or exported goods broken down by invoicing currency. These statistics are compiled using a representative sample of records on imports and exports from customs declarations. If the invoicing currency for exports is not available on the customs declaration, a survey shall be carried out to collect the required data.

The compilation by Member States of additional statistics for national purposes may be determined where the data are available on the customs declaration.

Data exchange

Data from records on imports and exports declared to customs authorities must be sent to the national statistical authorities within one month. These records must include a minimum amount of statistical data.

Transmission of external trade statistics to the Commission (Eurostat)

External trade statistics must be sent to the Commission (Eurostat) within 40 days following the end of each monthly reference period. If the statistics are revised, updates must be sent to the Commission.

Quality assessment

Statistics sent to the Commission must be precise, up-to-date, relevant, clear and accessible for users.

Member States shall provide the Commission with a report on the quality of the statistics transmitted. The quality of the latter is assessed by the Commission.

Context

This Regulation is part of an initiative to make the Community statistical system more transparent. Regulation (EC) No 1172/95 is repealed.

Key terms of the Act
Goods: all movable property, including electricity. Statistical territory of the EU: the customs territory of the EU as defined in the Customs Code with the addition of the Island of Heligoland in the territory of the Federal Republic of Germany. Customs declaration: the customs declaration as defined in the Customs Code.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 471/2009	26.7.2009	–	OJ L 152 of 16.6.2009

Arrangements for agricultural imports following Chernobyl

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Arrangements for agricultural imports following Chernobyl

Outline of the Community (European Union) legislation about Arrangements for agricultural imports following Chernobyl

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Contamination and environmental factors

Arrangements for agricultural imports following Chernobyl

Document or Iniciative

Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station [See amending act(s)].

Summary

This Regulation shall apply to agricultural products from third countries covered by:

Annex I to the Treaty on the Functioning of the European Union ;
Regulation (EC) No 1667/2006 on glucose and lactose;
Regulation (EC) No 614/2009 on ovalbumin and lactalbumin;
Regulation (EC) No 1216/2009 applicable to certain goods resulting from the processing of agricultural products.

This Regulation lays down the maximum permitted radioactive contamination levels to be complied with in order for agricultural products from third countries to be offered for sale on the European Union (EU) market. The accumulated maximum radioactive level in terms of caesium-134 and -137 shall be 600 Bq/kg. For milk and foodstuffs intended for infants, the maximum radioactive level shall be much lower, namely 370 Bq/kg. The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.

Member States shall check compliance with these maximum permitted levels, taking into account contamination levels in the country of origin. Depending on the results of the checks carried out, Member States shall take the necessary measures and inform the Commission without delay. In cases of repeated non-compliance with the maximum permitted levels, these measures may take the form of a prohibition of the import of products originating in the third country concerned.

References

Act	Entry into force – expiry date	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 733/2008	19.8.2008 – 31.3.2020	–	OJ L 201 of 30.7.2008

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1048/2009	7.11.2009	–	OJ L 290 of 6.11.2009

Successive amendments and corrections to Regulation (EC) No 733/2008 have been incorporated into the basic text. This consolidated versionis for information only.

Ovalbumin and laktalbumin

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Ovalbumin and laktalbumin

Outline of the Community (European Union) legislation about Ovalbumin and laktalbumin

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Ovalbumin and laktalbumin

Document or Iniciative

Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin.

Summary

Ovalbumin is the main protein in egg white. However, the common organisation of agricultural markets in the egg sector does not include trade in this protein or in its substitute, lactalbumin.

Trade in these two proteins may influence common policy in the egg sector. This Regulation therefore establishes a common system of trade for ovalbumin and lactalbumin corresponding to that established for eggs.

Import licences

The import of ovalbumin and lactalbumin into the European Union (EU) may be subject to presentation of an import licence. These licences shall be issued by Member States and shall be valid throughout the EU.

Import safeguard clause

The Commission may impose additional duties on imports of ovalbumin and lactalbumin. These additional duties shall take the form of additional payments on imports of these products.

However, such measures may be taken only where trade in ovalbumin and lactalbumin has harmful effects on the European market.

Tariff quotas

Imports of ovalbumin and lactalbumin may also benefit from tariff quotas. In other words, certain predetermined quantities of ovalbumin and lactalbumin may be imported into the EU at a reduced rate during a certain period.

Tariff quotas shall be administered under the responsibility of the Commission. In particular, the latter must take account of the supply needs and general equilibrium of the European market.

Marketing standards

The Council, acting on a proposal from the Commission, may adopt certain standards relating to the marketing of ovalbumin and lactalbumin. These standards may relate to, for example, packaging, storage, transport, presentation or marking.

Inward processing

Inward processing enables European manufacturers to process products imported into the EU with a view to re-exporting them without having to pay the customs duties.

In certain special cases, the Council shall therefore be able to prohibit the inward processing of ovalbumin and lactalbumin. It shall do so acting on a proposal from the Commission. However, in urgent cases and where such a practice disturbs or is liable to disturb the European market, the Commission shall be authorised to take exceptional measures on its own initiative, which shall be valid for no more than six months.

Special measures

Finally, the Commission shall be authorised to take all appropriate measures concerning trade in ovalbumin or lactalbumin where it observes an unusual rise in prices on the European market.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 614/2009	3.8.2009	–	OJ L 181 of 14.7.2009