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COMMISSION RECOMMENDATION

of 29 July 1983

to the Hellenic Republic concerning the adjustment of State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty

(Only the Greek text is authentic)

(83/403/EEC)

I. The Hellenic Republic, by virtue of the first paragraph of Article 40 (1) of the Act of Accession, is bound to adjust progressively, from 1 January 1981, State monopolies of a commercial character within the meaning of Article 37 (1) of the EEC Treaty so as to ensure that by 31 December 1985 no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States.

The second paragraph of Article 40 (1) provides, moreover, that the present Member States shall have equivalent obligations in relation to the Hellenic Republic. In the other Member States, however, no product forms the subject of a commercial monopoly in relation to Greece.

Under the third paragraph of Article 40 (1), the Commission is required, from 1981 onwards, to make recommendations to the Hellenic Republic as to the manner in which and the timetable according to which the adjustments provided for in the first paragraph must be carried out.

In accordance with Article 37 (3) of the EEC Treaty, the timetable for the measures referred to must be harmonized with the abolition of quantitative restrictions on the same products provided for in Articles 30 to 34. This provision is applicable by virtue of Article 1 (3) of the Treaty of Accession.

II. Article 35 of the Act of Accession provides that quantitative restrictions shall be abolished from the date of accession, with the exception of certain products referred to in in Article 36 and listed in Annex III to the Act in respect of which initial import quotas were fixed. As regards the rate of abolition of the quantitative restrictions on imports of such products from the other Member States, Article 36 (3) of the Act provides during the transitional period for a minimum rate of progressive increase of 25 % at the beginning of each year for quotas expressed in units of account and 20 % at the beginning of each year for quotas expressed in terms of volume.

However, none of the products which in Greece form the subject of a monopoly within the meaning of Article 37 of the EEC Treaty is listed in Annex III, with the result that no initial quota was fixed for such products. In order to determine the rate of progressive abolition of the existing quantitative restrictions in this area, therefore, the Commission considers it necessary to refer to the criteria laid down in Article 33 of the EEC Treaty, while taking into account the more limited transitional period allowed to Greece. Article 33 provides for a transitional period of 12 years and the fixing of an initial quota equal to not less than 3 % of the national production, with the provision that the initial quota must not be less than the bilateral quotas open to the other Member States at the time of the entry into force of the Treaty of Accession. The quota had to be raised to 5 % at the end of the third year and to not less than 20 % at the end of the 10th year.

III. In view of the shorter transitional period laid down in Article 40 (1) of the Act of Accession, expiring on 31 December 1985, and the period which has already elapsed, the Commission considers that the quota to be opened by Greece for 1983 should be equal to not less than 6 % of national production and, where there is no national production, to not less than 6 % of national consumption. For the two remaining years, it considers that quotas of 9 % and 15 % respectively would be fair.

IV. For these reasons and subject to the position the Commission may subsequently adopt in the light of the results of applying this recommendation, the Commission hereby recommends to the Hellenic Republic by virtue of the third subparagraph of Article 40 (1) of the Act of Accession:

1. That it should open for each of the producers subject in Greece to a State monopoly of a commercial character a quota equal:

- for the remaining period of 1983, to not less than 6 % of the corresponding national production or consumption in the year 1982, - for the year 1984, to not less than 9 % of national production or consumption in the year 1983,

- for the year 1985, to not less than 15 % of national production or consumption in the year 1984,

it being understood that, after 31 December 1985 at the latest, no further quantitative restriction will be permissible.

The quotas shall be open to any person importing products into Greece, and the products imported under these quotas may not be made subject to any exclusive marketing rights in Greece.

2. That it should inform all interested parties through the appropriate channels, and in particular by publication in the Official Gazette of the Hellenic Republic of a notification to importers, of the possibilities available to them under the abovementioned quotas of procuring the products referred to below in the other Member States.

The following products, listed in order of their Common Customs Tariff headings, are covered by this recommendation:

1. Salt (25.01 A II b))

2. Sulphur (ex 25.03)

3. Crude petroleum oils (27.09)

4. Motor gasoline (ex 27.10 A III)

5. Motor gasoline (super) (ex 27.10 A III)

6. Illuminating kerosene (ex 27.10 B III)

7. Gas oils (ex 27.10 C I)

8. Fuel oils (ex 27.10 C II)

9. Potassium sulphate (ex 28.38 A II)

10. Dulcin (artificial sweetener) (ex 29.25 B I)

11. Matches (36.06)

12. Playing cards (97.04 A)

Done at Brussels, 29 July 1983.

For the Commission

Frans ANDRIESSEN

Member of the Commission