ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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DOCUMENTS "COM" 
 
 
 
 
COM (86) 174 
 
 
 
Vol. 1986/0 065 
  
 
Disclaimer  
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 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening 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, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
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. 
Februa r 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 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION O F  TH E  EUROPEAN COMMUNITIES
C 0M (86) 174 final
Brussels, 15 April 1986
Proposal for a  
C O U N C I L  R E G U L A T I O N  (E E C )
opening, allocating and providing for the administration of a  
C om m un ity tariff quota for frozen peas, falling within  
subheading 07.02 B  of the C o m m o n  C ustom s Tariff,  
originating in Sw eden
C 0M Î86) 174 final

Explanatory memorandum
1. Council Regulation (EEC) No ........ /86 laying down the trade
ar
rangements in particular with Sweden for certain agricultural 
products as a result of Spain's and Portugal's admission to the 
Community (1) provides for the opening of a Community tariff quota 
starting 1st March 1986 for frozen peas falling within subheading ex 
07.02 B of the Common Customs tariff and originating in Sweden,
4 500 tonnes of which are reserved for Spain. The rate of duty to 
be applied under this tariff quota is reduced to 4.5 ?o in Spain and 
to 6 % in the other Member States.
2. The present proposal aims at implementing this tariff quota for the 
period 1st March to 31 December 1986. As there does not exist a 
"prorata temporis" clause, the annual quota-volume is to be opened 
for the aforesaid period.
3. The Commission's proposal for this product is mainly based on those 
usually put forward in the field of tariff quotas insofar as :
the quota volume is divided into two parts, the first consisting 
of a fairly large quantity, allocated among certain Member 
States, who are regular importers, and the second being a 
reserve intended to cover any additional needs of these Member 
States, as well as the needs that could arise in the other 
Member States ;
the allocating of initial shares to the Member States is based 
on the provisions of the aforementioned Regulation in the case 
of the reserved Spanish quota-share, and in the case of the 
other Member States shares it is based on the available 
statistics of past imports from Sweden over the last 2 years and 
on the anticipated needs of these Member States over the quota 
period.
(1) 03 No L ··.·<·«, ....... 1986, p.

-2-
Community imports of peas, includinq chick peas, frcm Sweden have, over the 
last 2 years, evolved as follows :
Member State19831984
Benelux
Denmark
Germany
Greece
F ranee
Ireland
Italy
Portugal
United Kingdom0
121 
1 365  
231 
0 
0
2 7 6 4
223
0138 
254 
1 432  
0 
0 
0
7 568  
0
647
“ “ — —4 704 in 039
On the basis of this information and the anticipated needs of these Member 
States, one can make the following initial allocation of percentages to 
Member States :
Member State
Benelux
Denmark ^
Germany
Greece
Italy 7°·^
Portugal·
United Kingdom 4* ^

Proposal for a 
COUNCIL REGULATION (EEC) No
of/8 6
opening, allocating and providing for the administration of a Community tariff guta 
for frozen peas, falling within subheading 07.02 B of the Common Customs tariff, 
originating in Sweden
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 Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an agreement between the European Economic Community and the Kingdom of 
Sweden was concluded on 22 July 1972, whereas following Spain's and Portugal's 
accession to the Community, a supplementary protocol shall be signed in the near 
future; whereas until the entry into force of this protocol, Council's Regulation
(EEC) No ........ /86 of ..........  1986 (1 ) laid down the trade arrangements for
ag
ricultural products with Sweden in particular, on account of these accessions ;
Whereas the aforesaid Regulation (EEC) No ......./86 provides for the opening, to
ru
n from 1st March 1986, of a 6 000 tons Community tariff guota at a reduced rate 
of duty for frozen peas, originating in Sweden, 4 500 tonnes of which are reserved 
for Spain, whereas therefore the tariff guota in guestion should be opened for the 
period 1st March to 31 December 1986 ; whereas in the absence of a "prorata 
temporis" clause, the proposed annual guota volume should be opened for the period 
under consideration ;
(1) 00 No L ......, ...... 1986, p.

-  2 -
Whereas equal and continuous access to the quota should be ensured for all 
Community importers and the rate of levy for the tariff quota should be applied 
consistently to all imports until the quota is used up ;  whereas, in the light of 
the principles outlined above, a Community tariff arrangement based on an 
allocation between the Member States would seem to preserve the Community nature of 
the quota ;  whereas, to represent as closely as possible the allocation should 
follow proportionately the requirements of the Member States calculated both from 
statistics of imports from Sweden during a representative reference period and 
according to the economic outlook for the tariff year in question ;
Whereas during the last two years for which statistics are available, imports of 
frozen peas, including chick peas, originating in Sweden, into each of the Member 
States were as follows :
Member State 1983 1984
Benelux 0 138
Denmark 121 254
Germany 1 365 1 432
Greece 231 0
France 0 0
Ireland 0 0
Italy 2764 7 568
Portugal 223 0
United Kingdom 0 647
4 704 10 039
Whereas, during the last t w o  years tn d er consideration, the products in question
were imported only by certain Member States and not at
all by the other Member States; whereas, under these
circumstances, initial shares should be allocated to the
importing Member States and the other Member States
should be guaranteed access to the benefit of the tariff quota
upon imports into those States of the products concerned
being notified; whereas these arrangements for allocation
will equally ensure the uniform application of the Common
Customs Tariff;
W hereas in taking into account these factors, the M e m b e r  States'  
initial percentage shares in the quota volume can be set as  
follows :
M e m b e r  State
Benelux 0.94 
D en m a rk  2.54  
G erm an y 18.97  
Greece 1.57  
Italy 70.08  
Portugal 1.51  
United K ingd om  4.39

-3-
Whereas, in order to take into account import trends for the 
products concerned in the various Member States, ctu.ot.iX v o £ n -  
rr)£ should be divided into two instalments, the first being 
shared among certain Member States and the second 
constituting a reserve to cover the subsequent requirements 
of these Member States where they have used up their initial 
share and any additional requirements which might arise in 
the other Member States; whereas, in order to give importers 
in each Member State a certain degree of security, it is 
appropriate to fix the first instalment of the Community 
quota at a level which, in the circumstances, could be 
^ S 0 /° of the quota volume;
W hereas initial shares m a y  be used u p  at different rates; whereas to avoid  
disruption of supplies on this account, it should be provided that an y
addiHnSt? V hlC  h aS  a L m °St U S 6 d  U P  its initiaL share should draw  a n  additional share from  the reserve ; whereas each time its additional share
as m anyStime! M e m b e r  Staf? S h °u L d  draw  a  further share and so onas m a n y  times as the reserve allows ; whereas the initial and additional
shares should be valid until the end of the quota period ; wherea^Ms
States andm JheSi n r r - ° n-reqUi; e\ C t° Se « ‘"•'»ration between the M e m b e r  States and the Commission and the Com m ission m ust be in a  position to keeo
m : ;  qu° t a s  h a -  b e e -  -*«' -  -  *·
«h M^hfr J V i  a.9i v?n, date in quota period a  considerable quantity of
State^houlH t init13^  share remains unused it is essential that such  
nrnlr  f a  Signiflcant proportion thereof to the reserve, in
d Prevent a  part of the C om m un ity tariff quota from  remaining unused  
in one M e m b e r  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 represented by the Benelux Economic 
Union, any operation relating to the administration of the 
quota shares allocated to that economic union may be carried 
out -by any of its members,

-4-
HA5 ADOPTED THIS REGULATION :
Article 1
1. Until 31 December 1986, a Community tariff quota of 6 000 tonnes shall be 
opened in the Community for frozen peas, falling within subheading ex 
07.02 B of the Common Customs Tariff, originating in Sweden.
2. Within the limit of this tariff quota the applicable duty shall be 6 %. 
However, when these products are imported into Spain the duty applicable 
shall be 4.5 % within the limit of the quota-shares allocated to this 
Member State.
3. The protocol on the definition of the concept of originating products and 
on methods of administrative cooperation, annexed to the Agreement between 
the European Economic Community and Sweden shall be applicable.
Article 2
1. The tariff quota laid down in Article 1 (1) shall be devided into two 
instalments.
2. A first instalment of this quota shall be shared among certain Member 
States ;  the respective shares, which, subject to Article 5, shall be valid 
until 31 December 1986, shall be as follows :

-5-
Member State
Benelux 13 
Denmark 36 
Germany 266 
Spain 4 300 
Greece 22 
Italy 981 
Portugal 21 
United Kingdom 61
The second instalment of the guota being 100 tons shall constitute the 
reserve.
4. If an importer notifies the imminent import of the .........................  . (
pro
ducts in question into a  M e m b e r  State that d o es n o t participate in the initial allocation and
requests the benefit of the quota, the Member State 
concerned shall inform the Commission and draw an amount 
corresponding to these requirements to the extent that the 
available balance of the reserve so permits.
Article 3
1. If a Member State has used 90 % or more of its 
initial share as fixed in Article 2 (2), 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 
equal to 5 % of its initial share, rounded up as necessary , 
to the 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, 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 paragraph 1, 2 and 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 Commis­
sion of its grounds for so doing.

Artide 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 1986.
Artidc 1
Member States shall, not later than 1  November 1986, 
return to the reserve the unused portion of their initial 
share which, on 15 October 1986, is in excess of 20 % of 
the initial 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 1  November 1986, 
notify the Commission of the total quantities of the 
product in question imported up to and including 15 
October 1986 and charged against the Community quota 
and of any portion of their initial shares returned to the 
reserve.
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 information reaches it, inform 
each State of the extent to which the reserve has been 
used up.
It shall, not later than 5 November 1986, inform the 
M'ember States of the amount still in reserve, following 
any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the 
reserve 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.Artide 7
1. The Member States shall take all appropriate 
measures to ensure that additional shares drawn pursuant 
to Article 3 are opened in such a way that importations 
may be charged without interruption against their accu­
mulated shares of the Community quota.
2. The Member States shall ensure that importers of 
the product in question have free access to the shares 
allocated to them.
3. The Member States shall charge imports of the 
product in question against their shares as and when the 
product is entered with the customs authorities for free 
circulation.
4. The extent to which a Member State has used up its 
share shall be determined on the basis of the imports 
charged in accordance with paragraph 3.
Artidc 8
At the request of the Commission, the Member States 
shall inform it of imports actually charged against their 
shares.
Article  9
The 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 th e d a y  follow ing  its publication in the Official J o u r n a l of th e  E u r o p e a n  C o m m u n itie s .
T h is R egu lation  is applicable f r o m  1st M a r c h  1 9 8 6 .
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council  
The President