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COM (83) 221 
 
 
 
Vol. 1983/0091 
  
 
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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
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classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the open ing to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
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file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom  27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
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COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 
C0M(83)  221  final 
Brussels,  25  April  1983 
Draft 
COUNCIL REGULATION  (EEC) 
opening, allocating  and  providing  for the  administration  of a 
Community  tariff quota  for sweet  cherries, marinated  in 
alcohol  and  intended  for the  manufacture  of chocolate 
products, falling within subheading  ex 20.06 B I e) 
2 bb) of the  Common Customs  Tariff 
(submitted  to the  Council  by the  Commission) 
C0M(83)  221  final 
. i. 

EXPLANATORY  MEMORANDUM 
1. Council Regulation (EEC) No  3355/82  of 3 December  1982 (1),  opened 
a Community  tariff  quota for  sweet  cherries marinated in alcohol 
and intended for the manufacture of chocolate products, at a level 
of 1 500  tonnes and  10%  duty. 
2. The advisability of opening a new quota for the second half of 
1983  was considered, and a solution envisaging measures for a 
quota under the same conditions  with  an identical volume, shared 
among Member States in the same proportion as the advised requi­
rements, could  meet  with  the approval of all Member States. 
This  is the purpose of this  draft  regulation. 
(1) 0J No L  358  of 20.12.1982,  p. 10. 

Draft fof a 
COUNCIL  REGULATION  (EEC) 
opening,  allocating and providing for the administration of a Community  tariff  quota for 
sweet cherries, marinated in  alcohol  and intended for the manufacture of 
chocolate products,  falling  within  subheading ex  20.06  B I e)  2 bb) of the Common Customs 
Tariff 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard to the Treaty establishing the European 
Economic  Community, and in particular  Article  28 
thereof, 
Having regard to the draft  Regulation 
submitted  by the Commission, 
Whereas the production of sweet cherries, 
marinated in  alcohol  and intended for the manufacture of 
chocolate products, is currently insufficient in the 
Community  to meet the requirements of the user 
industries in the Community; whereas, consequently, 
Community  supplies of products of this type depend to a 
considerable extent on imprjrts  from  third countries; 
whereas it is in the Community's interest to pattially 
suspend the Common Customs  Tariff  duty for the 
products in question,  within  a Community  tariff  quota of 
an appropriate  volume;  whereas in order not to bring into 
question the development prospects of this production in 
the Community  while  ensuring an  adequate  supply to 
satisfy  user industries, it is advisable to  limit  the benefits 
of tariff  quotas solely to products  which  meet certain 
— criteria as to presentation and use, to open the quota for 
/December the  period  1J(jLy  to  31 j- 1983  and  to  fix  the 
volume  of this quota at a  level  of 1 500  tonnes, 
corresponding  to the  needs  for imports  from  third 
countries during  that  period, and to fix the quota duty at 
10%; 
Whereas equal and continuous access to the quota should 
be ensured for all Community importers and the  rate  of 
duty for the  tariff  quota should be applied consistently to 
all imports  until  the quota is exhausted; whereas, in the 
light  of these  principles, arrangements for the  utilization 
of the tariff  quota based on an allocation among Member 
States  would  seem to be consistent  with  the Community 
nature  of the quota; whereas, to correspond as closely as 
possible  to the actual trend in the market in the product in 
question, allocation of the quota should be in proportion 
to the requirements of the Member  States  as calculated by 
reference to statistics of imports  from  third countries 
during  a representative reference period and to the 
economic  outlook for the quota period in question; 
Whereas, however, since the quota is an autonomous 
Community  tariff  quota intended to cover import  needs 
arising  in the Community, the quota volume may be allocated on the basis of the 
estimated temporary import  needs  from  third countries of 
each of the Member States; whereas  these  arrangements 
for allocation  will also ensure the uniform application of 
the Common Customs  Tariff; 
Whereas, to take account of  possible  import trends for the 
product concerned, the quota volume should be  divided 
into two tranches, the first being allocated between 
certain  Member  States  and the second held as a reserve to 
meet subsequent requirements of Member  States  which 
have used up their  initial  shares; whereas, to give 
importers of the Member  States  some degree of certainty, 
the first tranche of the  tariff  quota should be  fixed  at a 
relatively  high  level,  which  in this case  could  be 1 350 
tonnes; 
Whereas the  initial  shares  of the Member  States  may be 
used up at different  rates;  whereas, to  avoid  disruption of 
supplies on this account, any Member State  which  has 
almost entirely used up its  initial  share  should draw an 
additional  share  from  the reserve; whereas, each time its 
additional  share  is almost entirely used up, a Member 
State should draw a further share, and so on as many 
times as the reserve  allows;  whereas the  initial  and 
additional  shares  should be  valid  until  the end of the 
quota period; whereas this  form  "-f admim. Jxation 
requires close coliaboration between the Member  States 
and the  Commission,  which  latter must be in a position to 
keep account of the extent to  which  the quota has been 
used up and to  inform  the Member  States  accordingly; 
Whereas, if at a given  date  in the quota period a 
considerable quantity of a Member  State's  initial  share 
remains unused, it is essential  that that  Member State 
should  return a significant proportion to the reserve, in 
order to prevent a part of the Community quota 
remaining  unused in one Member State  while  it could  be 
used in others; 
Whereas, since the  Kingdom  of Belgium,  the Kingdom  of 
the Netherlands and the Grand  Duchy  of Luxembourg 
are united  within  and  jointly  represent by the  ikneiux 
Economic  Union,  any measure concerning the 
administration  of the  shares  allocated, to  that  economic 
union  may be carried out by any one of its members, 

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HAS  ADOPTED  THIS  REGULATION: 
Article  1 
_p_ecember 
1. From  1 July  to 31 /  1983  the  Common 
Customs  Tariff  duty  on  sweet cherries, 
marinated  in alcohol,  of a  diameter  not  exceeding 18-9 
mm,  stoned, intended  for the  manufacture of chocolate 
products  ('),  falling  within  subheading  ex 20.06  B I e) 
2 bb),  shall  be suspended  at a  level  of 10%  within  the 
framework  of a  Community  tariff  quota  of  1 500 
tonnes. 
2. Within  the  limits  of the tariff  quota, Greece  shall 
apply  customs duties calculated  in accordance  with  the 
relevant provisions in  the 1979 Act  of Accession. equal  to 5 % of  its initial  share rounded up as necessary to 
the next whole number. 
3. If a  Member State, after exhausting  its second 
share, has used 90 % or more of the  third  share drawn by 
it, that  Member State  shall  forthwith, in the manner and 
to the  extent provided  in paragraph  1, draw  a fourth 
share equal  to the  third. 
This  process  shall  apply  until  the  reserve  is used  up. 
4. By way  of derogation  from  paragraphs  1 to 3, a 
Member  State may draw shares  lower  than those  specified 
in those paragraphs  if there are grounds for  believing  that 
those  specified  may not be used in  full.  Any  Member State 
applying  this paragraph  shall  inform  the Commission  of 
its grounds for  so doing. 
Article  2 
1. A  first tranche  of 1 35 Qtonnes of this  Community 
tariff  quota  shall  be allocated among certain Member 
States; the shares  which,  subject to  Article  5, shall  be valid 
until 31 /  ^83,  shall  be as  follows: 
December 
Benelux 
Denmark 
Germany 
Greece 
France 
Ireland 
Italy 
United  Kingdom (tonnes) 
S 
s 
1 080 
80 
1 
5 
169 
5 
150 
2. The second tranche of  / tonnes  shall  constitute the 
reserve. Article  4 
Additional  shares drawn pursuant  to Article  3 shall  be 
valid  until  31 December 1983. 
Article  5 
November 
Member  States  shall,  not later than 15  / 1983, return 
to the  reserve  the  unused portion  of their  initial  share 
which,  on 1  / 1983, is in excess of 20 % of the  initial  /November 
volume.  They may return  a greater portion  if there  are 
grounds  for  believing  that  it may  not be  used  in full. 
Member  States  shall,  not later than 15  /~  1983,  notify/November 
the Commission  of the total quantities of the prod..as in 
question  imported up to 1  / 1983 and charged  against/November 
the Community  quota and of any portion of their  initial 
shares returned  to the reserve. 
Article  3 
1. If a  Member State  has  used 90%  or more  of its 
initial  share as  fixed  in Article  2 (1), or of  that share minus 
any portion returned  to the reserve pursuant to  Article  5, 
it shall  forthwith, by  notifying  the  Commission,  draw  a 
second  share,  to the  extent  that  the  reserve  so permits, 
equal  to 10 % of its  initial  share rounded up as necessary 
to the  next whole number. 
2. If a Member State, after exhausting its  initial  share, 
has used 90 %  or more of the second share drawn by it, 
that Member State  shall  forthwith, in the manner and  to 
the extent provided in paragraph  1, draw  a third  share 
(') Checks  on their  prescribed  end-use  shall  be carried  out 
pursuant  to the  relevant  Community  provisions. Article  6 
The Commission  shall  keep  an account  of the  shares 
opened by the  Member  States pursuant to  Articles  2 and  3 
and shall,  as soon  as the  notifications reach  it, inform 
each State of the extent to  which  the reserve has been used 
up. 
No_vember 
It shall,  not later than 20  / 1983,  inform  the Member 
States  of the amounts  still in the  reserve  following  any 
return of shares pursuant  to Article  5. 
It shall  ensure  that  the drawing  which  exhausts rhe  r serve 
does not  exceed  the  balance available,  and to  this end 
shall  notify  the  amount  of that  balance  to the  Member 
State making the last drawing. 

- 3 -
Article  7 
1. Member  States  shall  take all appropriate measures 
to ensure  that  additional shares drawn pursuant to 
Article  3 are opened in such a way  that  imports may be 
charged  without interruption against their aggregate 
shares of the  Community  tariff  quota. 
2. Member  States  shall  take all appropriate measures 
to ensure  that  the products  listed  in paragraph 1 of 
Article  1 benefiting  from  the  tariff  quota in question are 
put to the prescribed end-use. 
3. Member  States  shall  ensure  that  importers of the 
product  in question have 
free access to the shares allotted to them. 
4. Member  States  shall  charge imports of the product 
in question against their shares as the product is entered 
with  the customs authorities for free  circulation. 5. The extent to  which  Member  States have used up 
their  shares  shall  be determined on the basis of imports 
charged  against them under the conditions set out in 
paragraph 4. 
Article  8 
At the  Commission's  request, the  Member  States  shall 
inform  it of imports actually charged against their 
shares, 
Article  9 
Member  States and the  Commission  shall  cooperate 
closely  to ensure  that  this  Regulation  is complied  with. 
Article  10 
This  Regulation  shall  enter into force on 1  July 
1983. 
This  Regulation  shall  be binding  in its entirety and  directly  applicable in all  Member 
States. 
Done  at Brussels, 
For the Council 
The President