ARCHIVES HISTORIQUES 
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COM (83) 125 
 
 
 
Vol. 1983/ 0038 
  
 
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concernant l'ouverture au public des archives historiques de la Communauté économique 
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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 opening to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Community (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. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,  
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(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
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COM M ISSION OF THE EUROPEAN COMMUNITIES
C0HC83) 125 final  
Brussels, 16 March 1983
Proposal for a  
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration  
of a Community tariff quota for apricot pulp falling within  
subheading ex 20.06 B II c) 1 aa) of the Common Customs
Tariff
(submitted to the Council by the Commission)
COM(83) 125 final

/l4>
EXPLANATORY MEMORANDUM
1. Council Regulation (EEC) No 3590/82 of 21 December 1982 on imports into  
the Community of certain agricultural products originating in Turkey (1)  
provides for the opening of an annual Community tariff quota of 90 tonnes  
at a rate of 4.7 %, for apricot pulp falling within subheading ex  
20.06 B II C) 1 aa) of the Common Customs Tariff, originating in Turkey.
Such a quota was opened for the period from 1 July 1982 to 30 June 1983  
by Regulation (EEC) No 978/82 of 26 April 1982 (2).
2. The aim of this proposal is to open the quota concerned for the period  
from 1 July 1983 to 30 June 1984.
3. The tariff arrangements concerned may be modified in the light of current  
negotiations with the contracting country for the conclusion of an  
Adaptation Protocol to the abovementioned Agreement. Pending the  
outcome, the proposed Regulation enables the engagements contracted
by the Community to be respected.
The Commission therefore reserves the right to modify the proposal  
in the course of the proceedings in order to adapt it, as necessary,  
to the Adaptation Protocol.
4. In accordance with the principles normally followed, the allocation of  
the quota volume among the Member States should be based on previous  
and foreseeable imports by the Member States, specifically those origi­
nating in or coming from Turkey. Imports of these products from Turkey  
have been negligible or non-existent in recent years. Furthermore, the  
Member States cannot make forecasts for the quota period under  
consideration.
(1) 0J No L 375, 31.12.1982, p. 1.
(2) 0J No L 115, 29. 4.1982, p. 4.

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Consequently, pending a more Community-based administration of this  
quota, based on the experience acquired, the Commission considers that  
it can propose the extension of the system adopted by the Council for  
the current quota period, namely the allocation of a large portion of  
the quota volume to the Community reserve and the allocation of equal  
initial quota-shares, corresponding to one-seventh of the remainder of  
the quota,to the Member States.

Proposal for a
COUNCIL REGULATION (EEC)I  '
opening, allocating and providing for the administration of a Community tariff  
quota for apricot pulp falling within subheading ex 20.04 7 $  II c) 1 aa) of the  
Common Customs Tariff and originating in ^'••rkey
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 the Annex to Council Regulation (EEC) No 
3590/82 of 21 December 1982 on
.  imports into the Community of 
certain agricultural products originating in Turkey ('),
provides for the opening by the Community, of an 
annual Community tariff quota of 90 tonnes at a rate 
of4 7 % for apricot pulp falling within subheading ex 
20.06 B II c) 1  aa) of the Common Customs Tariff and 
originating in Turkey; whereas such a quota has been 
opened for the period up to 30 June 1983 by Regula­
tion (EEC) No97S/82 0 ;  whereas the tariff quota in 
question should therefore be opened for the above- 
mentioned volume for the period 1  July 1983 t o  30 
June 198 4 .
Whereas, since a Protocol as provided for in Article
118 (1) of the 1979 Act of Accession does not exist, the 
Community adopted the measures envisaged in Article
119 of that Act in Regulation (EEC) No 3555/80 0  
determining the arrangements to be applied to 
imports into Greece originating, in particular, in 
Turkey; whereas the tariff measure concerned will, 
therefore, apply to the Community of N ine;
Whereas it is in particular necessary to guarantee all 
importers of the Community equal and uninterrupted 
access to the quota and uninterrupted application of 
the rates laid down for that quota to all imports of the 
product in question into the Member States until the 
quota has been used up ; whereas, having regard to the 
above principles, the Community nature of the quota 
can be respected by allocating the tariff quota among 
the Member States ; whereas, to reflect most accurately 
the actual development of the market in the products 
in question, such allocation should be in proportion to
(1) 0J No L 375, 31.12.1982, p. 1.
(2) 0J No L 115, 29. 4.1982, p. 4.
(3) 0J No L 382, 31.12.1980, p. 1.the requirements of the Member States, assessed by 
reference both to the statistic:; relating to imports from 
Turkey over a representative reference period and to 
the economic outlook for :he quota period concerned ;
Whereas, during the last three years for which statistics 
are available, the corresponding imports to each 
Member State from Turkey have been negligible or 
non-existent ; whereas those data cannot therefore be 
considered as representative to serve as a basis for allo­
cation of the quota volume among the Member States ;  
whereas it is difficult to estimate imports by Member 
States because of the absence of truly representative 
figures.for previous years; whereas, consequently, the 
only solution seems to be to allocate part of the quota 
volume to the Community reserve and to allocate one 
seventh of the balance to the Benelux countries, 
Denmark, Germany, France, Ireland, Italy and the 
United Kingdom ;
Whereas the initial shares may be used up fairly 
quickly ; whereas, therefore, to avoid disruption of 
supplies, any Member State which has almost used up 
its initial share shall draw a supplementary share from 
the Community reserve ; whereas this must be done by 
each Member State as each one of its supplementary 
shares is almost used up, and as many times as the 
reserve allows ; whereas the initial and supplementary 
shares must be valid until the end of the quota period ;  
whereas this form of administration requires close 
collaboration between the Member States and the 
Commission, and the Commission must be in a posi­
tion to follow the extent to which the tariff quota has 
been used up and inform the Member States thereof ;
Whereas if, at a given date in the quota period, a 
considerable quantity of a share remains in any 
Member State, it is essential that that State should 
return a significant proportion to the reserve in order 
to avoid part of the Community quota remaining 
unused in one Member State when it could be used in 
others ;
Whereas, since the Kingdom of Belgium, the 
Kingdom the Netherlands and the Grand Duchy of 
Luxembourg are united within and jointly represented 
by the Benelux Economic Union, any measure con­
cerning 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
1. From 1  July 198 ^ to 30 June 1984, a Commu­
nity tariff quota of 90 tonnes shall be opened in the 
Community of Nine for apricot pulp falling within 
subheading ex 20.06 B II c) 1  aa) of the Common 
Customs Tariff and originating in Turkey.
2. Within the limits of this tariff quota the 
Common Customs Tariff duty applicable to these 
products shall be partially suspended at a rate of
Article 2
1. A first instalment of 70 tonnes shall be allocated 
among the Member States ; the respective shares of the 
Member States, which subject to Article 5 shall be 
valid from 1  July 1983 to 30 June 198 4 shall be as 
follows:
Benelux:
Denmark: 
Germany:
France:
Ireland:
Italy:
United Kingdom:10 tonnes 
10 tonnes 
10 tonnes 
10 tonnes 
10 tonnes 
10 tonnes 
10 tonnes
2. The second instalment of 20 tonnes shall be held 
as the Community reserve.
Article 3
1. If 90 % or more of a Member State’s initial share 
as specified in Article 2(1), or of that share minus the 
portion returned to the reserve where Article 5 is 
applied, has been used up, that Member State shall 
without delay, by notifying the Commission, draw a 
second share equal to 15 % of its initial share, 
rounded up where necessary to the next unit, to the 
extent permitted by the amount of the reserve.
2. If, after its initial share has been used up, 90 % 
or more of the second share drawn by a Member State 
has been used up, that Member State shall, in accor­
dance with the conditions imposed by paragraph 1, 
draw a third share equal to 7-5 % of its initial share, 
rounded up where necessary to the next unit.
3. If, after its second share has been used up, 90 % 
or more of the third share drawn by a Member State 
has been used up, that Member State shall, in accor­
dance with the same conditions, draw a fourth share 
equal to the third.
This process shall continue to apply until the reserve 
is used up.4. By way of derogation from paragraphs 1  to 3, a 
Member State may draw shares smaller than those 
fixed in those paragraphs if there are grounds for 
believing that those fixed may not be used up. It shall 
inform the Commission of the reasons for applying 
this paragraph.
Article 4
Supplementary shares drawn pursuant to Article 3 
shall be valid until 30 June 198 4 .
Article 5
The Member States shall return to the reserve, not later 
than 1  April 1984 the unused portion of their initial 
share which on 15 March 1984 is in excess of 20 % of 
the initial amount. They may return a larger quantity 
if there are reasons to believe that such quantity might 
not be used.
Member States shall, not later than 1  April 1984 
notify the Commission of the total quantities of the 
said goods imported up to and including 15 March 
1984 and charged against the Community tariff quota 
and any quantities of the initial share returned to the 
reserve.
A r tic le  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 it has been notified, inform 
each State of the extent to which the reserve has been 
used up.
It shall inform the Member States, not later than 5 
April 1984 of the amount still in reserve after 
amounts have been returned thereto pursuant to 
Article 5.
It shall ensure that the drawing which uses up the 
reserve is limited to the balance available and to this 
end shall specify the amount thereof to the Member 
State making the last drawing.
Article 7
1. Member States shall take all measures necessary 
to ensure that supplementary shares drawn pursuant to 
Article 3 are opened in such a way that imports may 
be charged without interruption against their accumu­
lated shares in the Community tariff quota.
2. Member States shall ensure that importers of the
said goods have free
access to the shares allocated to them.
3. Member States shall charge imports of the said 
goods against their shares as and when such goods are 
entered for free circulation.

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4. The extent to which a Member State has used up 
its share shall be determined on the basis of imports 
charged in accordance with paragraph 3.
Article 8
At the request of the Commission, Member States 
shall inform it of imports of the products concerned 
actually charged against their shares.Article 9
Member States and the Commission shall cooperate 
closely in order to ensure that this Regulation is 
observed.
Article 10
This Regulation shall enter into force on 1  July 1985 .
This Regulation shall be binding in its entirety and direcdy applicable in all Member 
States.
Done at
For the Council  
The President