COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89) 581 final 
Brussels, 22 November 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community quota for chemically-pure 
fructose originating in third countries not bound to the Community by a 
preferential trade agreement (1990) 
(presented by the Commission) 
Explanatory memorandum 
•« 
1. In its proposal for a Council Regulation (EEC) amending Regulation (EEC) No. 
3033/80 laying down the system of trade applicable to certain goods processed 
from agricultural products (COM (89) 71 of 29th. March 1989), the Commission 
envisages the introduction of a variable component to be levied on imports 
of chemically-pure fructose, of CN code 1702 50 00, originating in third 
countries not bound to the Community by a preferential agreement. 
2. In the current context of the Uruguay Round, it would appear advisable, for 
evident reasons of trade policy, not to sacrifice the trade in goods as it 
exists already. Thus, the possiblities for importing chemically-pure fructose, 
originating in the said countries, into the Community market, should be 
maintained at their proper level. To this end, account should be taken of 
the average imports of this product throughout 1987 and 1988. Given that 
this average amounts to 4 504 tonnes, the opening of a Community quota in 
1990 for 4 504 tonnes, with a customs duty equal to 20X, i.e. the current 
duty on this product, and with exemption from the variable component, should 
constitute a satisfactory solution. 
3. Once the quota volume has been reached at Community level, further imports 
of the said product will be subject to the additional levy of the variable 
component, to be applied at that instant within the Community. 
Therefore, this Community quota should be opened for 1990. 
4. As regards the method of administration of this quota it is proposed that 
the entire quota volume be held as a Community reserve,to which all Member 
States will have access,in accordance with the procedure provided for in 
Article 3 of the proposal for a Regulation. 
This is the purpose of the attached proposal. 
ANNEX : Proposal for a Regulation. 
j? 
COUNCIL REGULAriON (EEC) 
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fructose originating in third countries not bound to the Community -— 
by a preferential trade agreement (1990) 
Y 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and in 
particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 7 bis of Council Regulation (EEC) No. 3033/80 0f 11 November 1980 
determinating the system of trade applicable to certain goods resulting fron the processing 
agricultural produce as last anenced'by the Reflation . . (EEC) no. /89 (2),:> 
^" provides for the variable component, 
which is imposed on imports of the product of CN code 1702 50 00, originating in 
third countries not bound to the Community by a preferential trade agreement, to 
be equal to the levy mentioned in paragraph 6 of Article 16 of Council Regulation 
(EEC) No. 1785/81 (3) burdening imports of products falling within CN codes 
1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30; 
Whereas, in the current context of the Uruguay Round, it is fitting to maintain 
the possibility of imports into the Community market, of chemically-pure fructose,-, 
-~ " • —c— L_^> 
Ç) originating in third countries not 
bound to the Community by a preferential trade agreement; whereas this aspect 
is fulfilled if the possibility, in 1990, for individual agricultural pro­
ducts, originating in the aforesaid third countries, to penetrate the Community 
market is not less than the average for 1987 and 1988; whereas the average im­
ports of chemically-pure fructose, originating in these third countries, during 
1987 and 1988, amount to 4 504 tonnes; whereas it is fitting to open a Community 
quota for 1990, exempt of the variable component, for an amount equal to 4 504 
tonnes; 
Where» equal and continuous access to the quota should 
be ensured for all Community importers and the rates 
laid down for the quota should be applied consistently to 
all imports of the product in question into alt the 
Member States until the quota is exhausted ; whereas it is 
appropriate not to provide for allocation among Member 
States, without prejudice to the drawing oh the amount of the 
quota, of such quantities as they may need, under 
conditions and according to the procedure provided for in Article 3; 
Whereas, since the Kingdom of Belgium, the Kingdom of 
the Netherlands and die Grand Duchy of Luxembourg 
are united within and jointly represented by the Benelux 
Economic Union, any operation concerning the adminis­
tration of the drawings made by that economic union 
may be carried out- by any one of its members, 
HAS ADOPTED THIS REGULATION : 
(1) 0J No. L ^n of 2&.AA.19BO, p. A 
(2) 0J No. L of . .1989, p. , 
(3) 0J No. L 177 of 1.7.1981, p. 4. 
3 
- d. -
Article 1 
From 1 January to 31 December 1990, the variable component applicable to imports, 
into the Community, of the following product, originating in third countries not 
abound to the Community by a preferential trade agreement, shall be suspended 
totally, within the limits of a Community quota as shown below: 
Order No 
09.0091 CN code 
1702 50 00 Description 
Chemically-pure fructose Amount 
of quote 
(io tonnes) 
4 504 Quote doty 
20 
Articlt 2 
The quota referred to in Article 1 shall be 
administered by the Commission, which may take any 
appropriate measure with a view to ensuring the efficient 
administration thereof. 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for 
preferential benefit for a product covered by this 
Regulation, and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw, from the quota, by means of notification to 
the Commission, a quantity corresponding to these needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declaration, must be 
communicated to the Commission without delay. 
The drawings are granted Vy the Commission on the basis 
of the date of acceptance of the declaration of entry into 
free circulation by the customs authorities of the Member 
State concerned, to the extent that the available balance 
so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon at possible to the tariff quota. If the quantities requested are greater than the available 
balance of the tariff quota, allocation shall be made on a 
pro rata basis with respect to the requests. Member States 
shall be informed by the Commission of the drawings 
made. 
ArticU 4 
Each Member State shall ensure that 
importers of the product concerned 
have equal and continuous access to 
the quota for such times as the 
residual balance of the quota so 
permits. 
ArticU 5 
This Regulation shall enter into force on 1 January 
1990. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
Tbt President 
H 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Chap 12 art. 120 
2. Base juridique: art. 113 du traité 
3. Intitulé de la mesure tarifaire; Proposition de règlement du Conseil 
portant ouverture et mode de gestion d'un contingent communautaire pour 
le fructose chimiquement pur, originaire des Pays tiers non liés avec 
la Communauté par un accord commercial préférentiel (1990) 
4* Objectif: Exécution d'un engagement de la Communauté au Gatt 
5. Mode de calcul: 
Code NC : 1702 50 00 
Volume du contingent : 4 504 tonnes 
Droits à appliquer : 20% 
Droits de douane appliqués en dehors du contingent : 20% + MOB 
(MOB = 326 ECU/tonne environ) 
6. Perte de recettes: La perte de recettes à inscrire pour 1990 s'élève à 
1 468 304 écus. En 1989, l'élément mobile en question n'était pas 
encore d'application dans la Communauté. 
^ 
V 
V 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement pris au 
sein du Gatt. L'impact découlant de cet engagement a été pris en 
considération lors de la prise de décision correspondante et il n'aura pas 
des répercussions sur la compétitivité et l'emploi dans la Communauté. 
6 
ISSN 0254-1475 
COM(89) 581 final 
DOCUMENTS 
EN 11 02 
Catalogue number : CB-CO-89-555-EN-C 
ISBN 92-77-55300-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg