COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 594 final 
Brussels, 12.12.1994 
94/0291 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of a Community tariff quota for table ch. 
originating in Switzerland 
(presented by the Commission) 

i:\Pl AN YTOKY MIMOUANDUM 
1. The agreement concluded between the Huropcan Economic Community on the on»v ' 
and Switzerland on the other, approved by Council Decision No 86/559/I£IiC( 1 ) ..•. 
September 15, 1986, provide for the opening by the Community of an annual Commuia y 
tariff quota for a determined volume at zero rate for table cherries 
2. The purpose of the annexed proposal is to implement this tariff quota for an indefinite 
period. Accordingly and for reasons of cfilcicncy and simplifying the implementation >:^''u-? 
measures concerned it seems desirable that the regulation should be pluriannual. 
3. Furthermore, as the adaptations arising from the combined nomenclature of the TARIC <nd 
those concerning quotas volumes and quota rates laid down in Council or Commissic •> 
decisions involve no change of substance, it is proposed that the Council should em^ , . 
the Commission to implement these measures by adopting regulations following rece,Vf ~r 
an opinion from the Customs Code Committee. 
4. As in the case of other Community tariff quotas, the proposal does not provide for the 
allocation among the Member States of the quota volumes but enables the Membe: 
to draw from the quota volumes the quantities required to cover the actual impor 
recorded. 
(1) O.J. No L 328 of 22.11.1986, p. 99 
,3 
Proposal for a 
COUNCIL REGULATION (EO 
of 
opening and providing for the administration of a Community tariff quota 
for table cherries originating in Switzerland 
THE COUNCIL Ol THE EUROPEAN UNION -
Having regard to the Treaty establishing the Huropean 
Community, and in particular Article 1 11 
thereof. 
Having regard to the proposal from the Commission, 
Whereas, in agreements concluded between 
the Community and Switzerland, and 
approved by Decision 86/559/1 UlC,' the 
Community undertook to open each year, 
subject to certain conditions, a Community 
tariff quota at zero rate of duty for table 
cherries originating in this country; whereas 
this tariff quota should be opened, and, 
where necessary, the conditions of eligibility 
laid down should be specified; 
Whereas, for reasons of simplification, 
provision should be made to empower the 
Commission to give effect, following receipt 
of the opinion of the Customs Code 
Committee, to necessary amendments and 
technical adaptations of tbi. regulation 
arising from amendments of the combined 
nomenclature and TARIC codes and to 
adaptations of volume, periods an quota 
rates arising from decisions by the Council 
or by the Commission; 
Whereas the tariff quota provided in the 
agreement in question relates an indefinite 
period and accordingly, for reasons of 
efficiency and simplifying the 
implementation of the measures concerned, 
it appears suitable to provide that the 
application of this regulation should be 
placed on a pluriannual footing; Whereas all Community importers shoi-
ensured equal and continuous access to ihv. 
said quota and the duty rate laid down for 
the quota should be applied consistently to 
all imports of the product in question into J' 
Member States until the quota is exhausu*', 
during the whole period of validity of the 
EEC-Switzerland Agreement. 
WÏ1M.M-. l!.' 
lis MIU:M:I!> 
taken !•)• :i. 
cm y )! .1 • o • :.!• m 11 a (lie- oprmng, ill tile exe« > ' n w> >: 
>!>'u'.!tn>iis, ni t.uiff quotas sh. '<! 
.• :,:v,• J• • •:iy , whcicas, to ensure th :: 
>n administration of these quotas, there is 
nc> rc.iv.Hiabie obstacle to authorizing the Mernb-
to draw from the quota-volumes the necessary q> 
corresponding to actual imports ; whereas this n 
administration requires close cooperation betw :k 
Member States and the Commission and the latter must 
in particular be able to monitor the rate at which the 
quotas are used up and inform the Member S'1' ->c 
dingly ; 
HAS ADOPTED THIS RIXilU.ATION 
Article 1 
1. From the 1 January to 31 December of 
each year, the customs duties applicable 
imports of the products listed below shall • 
suspended at the levels indicatedd below uid 
within the limits of the Community tariff 
quotas as shown below: 
2. 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 on the : 
hand and the Swiss Confederation on the 
other, is applicable. 
1 O.J. Nr. L 328, of 22.11.1986, p 99 
Order number 
09.0901 CN code <a) 
ex 0809 20 19 
ex 0809 20 29 
ex 0809 20 39 
ex 0809 20 49 
ex 0809 20 59 
ex 0809 20 69 
ex 0809 20 79 Description 
Table cherries excluding 
Morello cherries Amount of quota 
(in tonnes) 
1000 r 
Quia duty 
(in %) 
0 
Article 2 
The tariff quotas referred to in Article 1 shall be adminis­
tered by the Commission, which may take any appro­
priate administrative measures in order to ensure efficient 
administration. Article 5 
1. The provisions necessary for the application of this 
Regulation, in particular : 
(a) the amendments and technical adaptations, insofar as 
necessary, arising from amendments of the combined 
nomenclature and Taric codes and 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for prefe­
rential benefit for a product covered by this Regulation, 
and if this declaration is accepted by the customs authori­
ties, the Member State concerned shall draw, from the 
quota volume by means of notification to the Commis­
sion, a quantity corresponding to those needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declarations, must be communi­
cated to the Commission without delay. 
The drawings are granted by 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 as possible to the corresponding 
quota volume. 
If the quantities requested are greater than the available 
balance of the quota volume, allocation shall be made on 
a pro rata basis with respect to the requests. Member 
States shall be informed thereof by the Commission. 
Article 4 
Each Member State shall guarantee importers of the 
products in question equal and continuous access to the 
quotas as long as the balance of the corresponding quota 
volume allows. 
<*> see Taric code in annex 
(') OJ No L 302. 19. 10. 1992. p. I. (b) The necessary adaptations of volume, periods 
and quota duty arising from decisions adopted by 
the Council or the Commission 
shall be adopted in accordance with the procedure laid 
down in Article 6 (2). 
Article 6 
1. The Commission shall be assisted by the Customs 
Code Committee set up by Article 247 of Regulation 
(EEC) No 2913/92C). 
2. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. Tho 
committee shall deliver its opinion on the draft within a 
time limit which the chairman may lay down according 
to the urgency of the matter. The opinion shall be del: 
vered by the majority laid down in Article 148 (2) of tf 
Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. 
The votes of the representatives of the Member States 
within the committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
The Commission shall adopt the measures, which apply 
immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
be communicated by the Commission to the Council 
forthwith. In that event : 
— the Commission shall defer application of the 
measures which it has decided for three months from 
the date of such communication ; 
— the Council, acting by qualified majority, may take a 
different decision within the period referred to in the 
previous paragraph. 
3. The Committee may examine any question concer­
ning the application of this Regulation which is raised by 
its chairman either on his own initiative or at the request 
of a Member State. 
Article 7 
Member States and the Commission shall cooperate 
closely in order to ensure that this Regulation is complied 
with. 
Article 8 
This Regulation shall enter into force on the 
day following its publication in the Official 
Journal of the European Communities. 
It shall apply from 1 January 1995 for the 
whole period of validity of the Agreement.. J) 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
ANNEX 
Taric Codes 
Order number CNcodc TARIC Code. 
09.0901 ex 0809 20 19 
ex 0809 20 29 
ex 0809 20 39 0809 20 
0809 20 
ex 0809 20 49 
ex 0809 20 59 
ex 0809 20 69 
ex 0809 20 79 0809 20 19*11 
•81 
29*10 
39*11 
*21 
*31 
•41 
*51 
*61 
0809 20 49*11 
*21 
•31 
•41 
•51 
*61 
0809 20 59*11 
*21 
•31 
*4I 
•51 
•61 
0809 20 69*11 
•21 
•31 
•41 
•51 
•61 
•11 
•31 
•51 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
3. Title of the tariff measure concerned : Proposal for a Council Regulation opening and 
providing for the administration of Community tariff quotas for table cherries originating m 
Switzerland. 
4. Objective : Fulfilment of contractual obligations of the Community. 
5. Method of calculation : 
CCT heading: ex 0809 20 40; ex 0809 20 80 
Volume of the quota: 1 000 T 
Duty to be applied: 0 
Normal CCT duty: 15 % 
6. Duty-loss: 
Average price per tonne: 869 ECU 
Total value: 869 000 ECU 
Duty-loss: 130 350 ECU 
The average annual loss of receipt is 130 350 ECU. 

1SMN UZS4-1473 
COM(94) 594 final 
DOCUMENTS 
EN il 03 
Catalogue number : CB-CO-94-620-EN-C 
ISBN 92-77-83493-5 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg