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
Modified by
  • Council Regulation (EC) No 603/95of 21 February 1995on the common organization of the market in dried fodder, 31995R0603, March 21, 1995
  • Council Regulation (EC) No 3072/95of 22 December 1995on the common organization of the market in rice, 31995R3072, December 30, 1995
  • Council Regulation (EC) No 1193/96of 26 June 1996amending Regulation (EC) No 3290/94 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, 31996R1193, June 29, 1996
  • Council Regulation (EC) No 2200/96of 28 October 1996on the common organization of the market in fruit and vegetables, 31996R2200, November 21, 1996
  • Council Regulation (EC) No 2201/96of 28 October 1996on the common organization of the markets in processed fruit and vegetable products, 31996R2201, November 21, 1996
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
  • Council Regulation (EC) No 1161/97of 25 June 1997amending Regulation (EC) No 3290/94 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, 31997R1161, June 27, 1997
  • Council Regulation (EC) No 1340/98of 24 June 1998amending Regulation (EC) No 3290/94 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, 31998R1340, June 27, 1998
  • Council Regulation (EC) No 2467/98of 3 November 1998on the common organisation of the market in sheepmeat and goatmeat, 31998R2467, November 20, 1998
  • Council Regulation (EC) No 1254/1999of 17 May 1999on the common organisation of the market in beef and veal, 31999R1254, June 26, 1999
  • Council Regulation (EC) No 1255/1999of 17 May 1999on the common organisation of the market in milk and milk products, 31999R1255, June 26, 1999
  • Council Regulation (EC) No 1493/1999of 17 May 1999on the common organisation of the market in wine, 31999R1493, July 14, 1999
  • Council Regulation (EC) No 2038/1999of 13 September 1999on the common organisation of the markets in the sugar sector, 31999R2038, September 25, 1999
  • Council Regulation (EC) No 1673/2000of 27 July 2000on the common organisation of the markets in flax and hemp grown for fibre, 32000R1673, July 29, 2000
  • Council Regulation (EC) No 1260/2001of 19 June 2001on the common organisation of the markets in the sugar sector, 32001R1260, June 30, 2001
  • Council Regulation (EC) No 1452/2001of 28 June 2001introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom), 32001R1452, July 21, 2001
  • Council Regulation (EC) No 1453/2001of 28 June 2001introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima), 32001R1453, July 21, 2001
  • Council Regulation (EC) No 1454/2001of 28 June 2001introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican), 32001R1454, July 21, 2001
  • Council Regulation (EC) No 1784/2003of 29 September 2003on the common organisation of the market in cereals, 32003R1784, October 21, 2003
  • Council Regulation (EC) No 865/2004of 29 April 2004on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68, 32004R0865, April 30, 2004
  • Council Regulation (EC) No 1947/2005of 23 November 2005on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72, 32005R1947, November 29, 2005
  • Council Regulation (EC) No 1952/2005of 23 November 2005concerning the common organisation of the market in hops and repealing Regulations (EEC) No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/82, 32005R1952, November 30, 2005
  • Council Regulation (EC) No 1234/2007of 22 October 2007establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), 32007R1234, November 16, 2007
  • Council Regulation (EC) No 614/2009of 7 July 2009on the common system of trade for ovalbumin and lactalbumin(Codified version), 32009R0614, July 14, 2009
Corrected by
  • Corrigendum to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, 31994R3290R(01), June 28, 1995
  • Corrigendum to 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, 31994R3290R(04), May 1, 1996
  • Corrigendum to 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, 31994R3290R(06), July 24, 1997
  • Corrigendum to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, 31994R3290R(07), January 7, 1999
  • Corrigendum to 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, 31994R3290R(09), June 18, 1999
  • Corrigendum to 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, 31994R3290R(11), July 7, 2009
Council Regulation (EC) No 3290/94of 22 December 1994on 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 "TITLE II
Article 91Imports into the Community, or exports therefrom, of any of the products listed in Article 1 shall 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 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.2.The term of validity of licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23.
Article 101.Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in Article 1.2.Notwithstanding paragraph 1, the import duty on products covered by CN codes ex1001 other than merlin, 1002, 1003, ex1005 other than hybrid seed, and ex1007 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif, import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.3.For the purposes of calculating the import charge referred to in paragraph 2:(a)for products listed in paragraph 2 expressed in one standard quality or, as appropriate, subdivided into several (common wheat: high, medium, low; durum wheat; maize; other fodder grains)representative cif import prices shall be recorded on the basis of the prices for those qualities on the world market.Such representative cif import prices shall be established regularly;(b)each consignment for import shall be classified according to the nearest quality among the standard qualities referred to in (a).4.Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23.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.
Article 111.Without prejudice to Article 10 (2), 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 10shall 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 negotiation shave been fulfilled unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.2.The trigger prices below which an additional import duty may be imposed shall be those forwarded to the World Trade Organization by the Community.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.3.The import prices to be taken into consideration when imposing an additional import duty shall be determined on the basis of the cif import prices of the consignment concerned.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.4.The Commission shall adopt detailed rules for the application of this Article in accordance with the procedure laid down in Article 23.Such detailed rules shall specify in particular:(a)the products to which additional import duties may be applied pursuant to Article 5 of the Agreement on Agriculture;(b)the other criteria necessary for application of paragraph 1 in accordance with Article 5 of the said Agreement.
Article 121.Tariff quotas for the products listed in Article 1 resulting from agreements concluded in the framework of the Uruguay Round trade negotiations shall be opened and administered in accordance with detailed rules adopted under the procedure laid down in Article 23.2.Quotas may be administered using one of the following methods or by a combination thereof: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.3.The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Community market and the need to safeguard the equilibrium of that market, whilst at the same time possibly drawing on methods which may have been applied in the past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded in the framework of the Uruguay Round negotiations.4.The detailed rules referred to in paragraph 1 shall provide for the opening of annual quotas, if necessary suitably phased over the year, determine the method of administration to be applied and include, where appropriate, provision for:(a)guarantees covering the nature, provenance and origin of the product;(b)recognition of the document used for verifying the guarantees referred to in (a); and(c)the conditions under which import licences are issued and their term of validity.In the case of the quota for import into Spain of 2000000 tonnes of maize and 300000 tonnes of sorghum and the quota for import into Portugal of 500000 tonnes 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.
Article 131.To the extent necessary to enable the products listed in Article 1 to be exported without further processing or in the form of goods listed in Annex B on the basis of quotations or prices for those products on the world market and within the limits resulting from agreements concluded in accordance with Article 228 of the Treaty, the difference between those quotations or prices and prices in the Community may be covered by export refunds.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.2.The method adopted for allocating quantities eligible for export refund shall be that:(a)best suited to the nature of the product and to the situation on the market concerned, and that will allow the available resources to be used as efficiently as possible, account being taken of the efficiency and structure of Community exports without, however, creating discrimination between large and small operators;(b)which is least cumbersome administratively for operators, account being taken of administration requirements;(c)which avoids any discrimination between the operators concerned.3.Refunds shall be the same for the whole Community. They may vary according to destination, where the situation on the world market or the specific requirements of certain markets so necessitate.Refunds shall be fixed in accordance with the procedure laid down in Article 23.Refunds may be fixed:(a)at regular intervals;(b)by invitation to tender for products in respect of which provision was made for that procedure in the past.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.4.Refunds on products listed in Article 1 and exported without further processing shall only be granted on application and on presentation of the relevant export licence.5.The refund applicable to exports of products listed in Article 1exported without further processing shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day:(a)for the destination indicated on the licence or, where appropriate;(b)for the real destination, if it is not the same as that indicated on the licence. In that case, the amount applicable shall not exceed the amount applicable for the destination on the licence.Appropriate measures may be adopted to prevent the flexibility of this paragraph from being misused.6.Paragraphs 4 and 5 may be made to apply to products listed in Article 1 and exported in the form of goods listed in Annex B in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93.7.Paragraphs 4 and 5 may be waived in the case of products listed in Article 1 on which refunds are paid under food-aid operations, in accordance with the procedure laid down in Article 23.8.Save as otherwise provided in accordance with the procedure laid down in Article 23, the refund on products listed in Article 1 (1) (a) and(b) in accordance with paragraph 5 shall be adjusted in line with the level of the monthly increases applicable to the intervention price and, where appropriate, changes in that price.A corrective amount may be fixed in accordance with the procedure laid down in Article 23. 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 (d) 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 to the monthly increase 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.For the first three months of the marketing year, the refund applicable to exports of malt in storage at the end of the previous marketing year or made from barley in stock at that time shall be that which would have been applied in respect of the certificate in question to exports during the last month of the preceding marketing year.9.In so far as is necessary to take account of the features of production peculiar to certain spirituous beverages obtained from cereals, the criteria for granting export refunds as provided for in paragraph 1 and the procedures for verification may be adapted to fit this particular situation.10.Compliance with the limits on volumes arising from agreements concluded in accordance with Article 228 of the Treaty shall be ensured on the basis of the export certificates issued for the reference periods provided for therein and applicable to the products concerned. With regard to compliance with the obligations arising under the Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.11.Detailed rules for the application of this Article, including the arrangements for redistributing unallocated and unused quantities, and in particular those on the adaptation provided for in paragraph 9 shall bead opted in accordance with the procedure laid down in Article 23.Annex B shall be amended in accordance with the same procedure. However, detailed rules for the application of paragraph 6 to products referred to in Article 1 and exported in the form of goods referred to in the Annex, shall be adopted in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93.
Article 141.To the extent necessary for the proper working of the common organization of the market in cereals, the Council, acting in accordance with the procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may prohibit in whole or in part the use of inward processing arrangements:in respect of products listed in Article 1 which are intended for the manufacture of products listed in Article 1 (1) (c) and (d), andin special cases, in respect of products listed in Article 1 which are intended for the manufacture of goods listed in Annex B.2.By way of derogation from paragraph 1, if the situation referred to in paragraph 1 arises with exceptional urgency and the Community market is disturbed or is liable to be disturbed by inward processing arrangements, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Council and the Member States shall be notified of such measures, which shall be valid for no more than six months and shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within a week following receipt of the request.3.Measures decided on by the Commission may be referred to the Council by any Member State within a week of the day on which they were notified. The Council, acting by a qualified majority, may confirm amend or repeal the Commission decision. If the Council has not acted within three months, the Commission decision shall be deemed to have been repealed.
Article 151.The general rules for the interpretation of the combined nomenclature and the special rules for its application shall apply to the tariff classification of products covered by this Regulation; the tariff nomenclature resulting from the application of this Regulation shall be incorporated in the Common Customs Tariff.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.
Article 161.Where the quotations or prices on the world market for one or more of the products listed in Article 1 reach the level of Community prices and where that situation is likely to continue and to deteriorate, thereby disturbing or threatening to disturb the Community market, appropriate measures may be taken.2.Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23.
Article 171.If, by reason of an increase in imports or exports, the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious disturbance likely to jeopardize the achievement of the objectives set out in Article 39 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or threat of disturbance has ceased.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.2.If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request.3.Measures decided upon by the Commission may be referred to the 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.4.This Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 228 (2) of the Treaty".
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