ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (86) 4 40 
 
 
 
Vol. 1986/0191 
  
 
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 openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic 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), this f ile 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. 
Februar 198 3 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  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C0MÎ86) 440 f i n a l
B ru s s e ls , 10 Septem ber 1986
P ro p o sa l f o r  a 
COUNCIL REGULATION (EEC)
o p e n in g , a llo c a t in g  and p r o v id in g  f o r  th e  a d m in is tr a tio n  o f a Community 
t a r i f f  q u o ta  f o r  a p r ic o t p u lp  f a l l i n g  w ith in  subheading ex 20.06 B I I  
c) 1  aa) o f th e  Common Customs T a r i f f  and o r ig in a t in g  in
Morocco (1987)
P ro p o sa l f o r  a 
COUNCIL REGULATION (EEC)
o p e n ir M o c t f  in g  a n d ^ r o v id in g  f o r  th e  a d m in is tr a tio n  o f a Community
/ < r T V /  \  .--A
ilp  f a l l i n g  w it h in  subheading ex 20 .0 6  B I If e y
t a r if iy q u o t a  f o r  a p r ic o t-
■ i i c) 1  „aa) o f th e  Common Customs T a r i f f  and o r ig in a t in g  in
T u n is ia  (1987)
(s u b m itte d  to  th e  C o u n c il by th e  C om m ission)
C0M(86) 440 f i n a l

EXPLANATORY M EM O RANDUM
1. The C o o p e ra tio n  Agreem ents conclude d between the European Economi e 
Community on th e  one hand and th #  K ingdom  of Morocco and the Republic 
o f T u n e sia  on th e  o th e r hand supplemented by th e  P ro to c o ls  to these 
agreem ents f o llo w in g  th e  a c c e s s io n  o f Spain and Portugal provide f o r  
th e  ope nin g o f annual Community t a r i f f  quotas for the importation into 
th e  Community o f 8 250 o r 4 300 m e tric  to n n e s o f a p r ic o t  pulp, originating 
in  th e s e  c o u n tr ie s , f a l l i n g  w ith in  subheading ex 2 0 ,0 6  B 11 c ) 1 a#) ©f 
th e  Common Customs T a r i f f .
The customs duties a p p lic a b le  w ith in  the lim it s  o f this quota are equal 
to 70 %  of the duties actually a p p lie d  to  non-member countries.
Within the limits of these t a r i f f  q u o ta s S p ain and Portugal apply customs 
duties calculated according to the P ro to c o ls  to the EEC/M orocc©  and 
EEC/Tunisia agreements following th e  a c c e s s io n  of Spain and Portugal,
Accordingly the ta riff quota in question has to be opened for 1987,
2 . The p ro p o s a ls  f o r  re g u la tio n s  ope nin g these ta riff quotas provide -  as 
is  custom ary -  f o r  th e  d iv is io n  o f each o f the quota volumes into two 
in s ta lm e n ts , th e  f i r s t  b e in g  a llo c a te d  am ong the fcwtzr  states as quota 
s h a re s , th e  second b e in g  h e ld  as a re s e rv e .
The allocation of th e  volum e of the f irs t instalment of the quota should 
be based on the r u le s  g e n e r a lly  applied. These involve calculating each 
i-te n fc e r State's total im ports over the L ast three years as a proportion of total « G a w m m f r ty
imports durin g the same perio d and applying for each M tuber State, the p em o an tag s®  thy®  Ob­
ta in e d  to  the volume  o f the f ir s t  in s ta lm e n t.
However, in  t h is  pro ce ss a ccou nt was taken on the f a c t  that certain 
M em ber S ta te s  e ffe c te d  no or only occasional imports during these years. 
In view of the n e c e s s ity  o f allocating the quota volume in an equitable 
manner th e s e  Member S ta te s  were granted small percentages representing 
commercially exploitable shares.
3 . I t  is  proposed th a t the proposals for Council Regulations opening the 
Com m unity t a r i f f  quotas d e s c rib e d  above be approved.
A N N E X ; 2  proposals for Regulations (EEC ) of the Council

NOTE
These p r o p o s itio n s  a lre a d y  ta k e  in t o  a cco u n t th e  c o n c lu s io n  and th e  e n tr y  in t o  
fo rc e  by 1  Janu ary 1987  a t th e  la t e s t  o f an a d a p tio n  p r o to c o l f o llo w in g  th e  
a c c e s s io n  o f S pain and P o rtu g a l.
I f  i t  becomes a p p a re n t th a t th e  c o n c lu s io n  is  n o t re a ch e d , th e  p r o p o s itio n s  
must be m o d ifie d  in  a way t h a t  th e  r e g u la tio n s  a re  o n ly  a p p lic a b le  to  the 
Community o f Ten.

P ro p o s a l f o r  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 and
originating in Morocco (1987)
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 Cooperation Agreement between the 
European Economic Community and the Kingdom of 
Morocco ('), signed on 27 April 1976, provides for the 
opening by the Community of an annual Community tariff 
quota of 8 250 tonnes of apricot pulp falling within 
subheading ex 20.06 B II c) 1  aa) of the Common Customs 
Tariff and originating in Morocco; whereas the customs 
duties applicable to the quota are equal to 70 % of the 
customs duties actually applied to non-member countries; 
whereas the Community tariff quota in question should 
therefore be opened for 1986;
Whereas, since a Protocol as provided for in Articles 179 
and 366 of the Act of Accession of Spain and Portugal does 
not exist, the Community must adopt the measures referred 
to in Articles 180 and 367 of that Act; whereas the tariff 
measure concerned will, therefore, apply to the 
Community of Ten;
Whereas it is in particular necessary to ensure for all 
Community importers equal and uninterrupted access to 
the abovementioned quota and uninterrupted application 
of the rate laid down for that quota to all imports of the 
products concerned into all 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 Community tariff quota among 
the Member States; whereas, in order to reflect as 
accurately as possible the true trend of the market in the 
products in question, such allocation should be in 
proportion to the requirements of the Member States, 
calculated by reference to the statistics for imports from 
Morocco over a representative reference period and also to 
the economic outlook for the quota period in question;
(>) OJNoL  264, 27. 9. 1978, p. 1.Whereas, during the last three years for which statistics are 
available, the corresponding imports of each Member State 
represent the following percentages of imports into the 
Community from Morocco of the product in question:
Member State 1983 1984 1985
Benelux 1 2 6
Denmark - - -
Germany - - -
Greece “
S pain - - -,
France 97 98 94
Ire la n d - - -
I t a l y —
P o rtu g a l 
U n ite d  Kingdom— — —
2 — —
Whereas both these percentages and the estimates from 
certain Member States should be taken into account as well 
as the need to ensure that, in the circumstances, the 
obligations contracted under the Agreement concerned are 
allocated fairly among all the Member States; whereas the 
approximate percentages of the initial quota shares may 
therefore be fixed as follows:
Benelux 4 .8
Denmark 1 ,2
Germany 5 /3
Greece o ,3
S pain 6 ,0 -
France 67,5
Ir e la n d 1,2
I t a l y 1/2 :
P o rtu g a l 4 ,8
U n ite d  Kingdom 7 ,5
Whereas, in order to take into account import trends for 
the products concerned in the various Member States, the 
quota amount should be divided into two instalments, the 
first being shared among the Member States and the second 
constituting a reserve to cover at a later date the 
requirements of the Member States which have used up 
their initial quota shares; whereas, in order to give 
importers in each Member State a certain degree of 
security, the first instalment of the Community quota 
should under the circumstances be fixed at 50 % of the 
quota volume;
Whereas the Member States’ initial shares may be used up 
at different times; whereas, in order to take this fact into 
account and avoid any break in continuity, any Member 
State which has almost used up its initial quota share 
should draw an additional share from the reserve; whereas

-2 -
this must be done by each Member State as and when each 
of its additional shares is almost used up, and repeated as 
many times as the reserve allows; whereas the initial and 
additional shares must be valid until the end of the quota 
period; whereas this method of administration requires 
close cooperation between the Member States and the 
Commission, and the latter must be in a position to 
monitor the extent to which the quota volume has been 
used up and to inform the Member States thereof;
Whereas if, at a given date in the quota period, a 
substantial quantity remains unused in any Member State, 
it is essential that that Member State should return a 
significant proportion to the reserve to prevent a part of 
any tariff quota from remaining unused in one Member 
State when 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,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to  31 December 1987 th e  Common  T a riff Customs Duty on the fo llo w in g  products s h a ll 
be suspended a t the le v e l and w ith in  th e  lim its  o f a C a m n ity  t a r i f f  quota as shown here w ith :
Order N r. CCT Heading D e s c rip tio n Amount o f T a riff quota
No. t a r i f f  quota duty
-  t  -
09.1105 ex 20.06 B I I A p ric o t p u lb  o rig in a tin g 8 250 11,9
c) 1 aa) in  Morocco
W ith in  the lim its  o f th is  t a r i f f  quota, Spain and P ortugal s h a ll app ly custom d u tie s  c a lc u la te d  
in  accordance  with the re le v a n t p ro v is io n s  la id  down in  th e  P ro to c o l to  th e  Cooperation agreement 
between th e  European Community and Morocco fo llo w in g  th e  accession o f Spain and P o rtu g a l.
Article 2
1. A  first instalment amounting to 4 150 tonnes of the 
Community tariff quota referred to in Article 1  shall be 
allocated among the Member States; the shares which, 
subject to Article 5, shall be valid until 31 December 1987 
shall be as follows:
(tonnes)
Benelux 200
Denmark 50
Germany 240
Greece 10
Spain 250
France 2 800
Ire la n d 50
I t a ly 50
P ortugal 200
U nited Kingdom 300

2. The second instalment amounting to 4 1013 tonnes shall 
constitute the reserve.
Article 3
1. If 90 % or more of a Member State’s initial share as 
specified in Article 2 (1), or 90 % of that share minus the 
portion returned to the reserve where Article 5 has been 
applied, has been used up, then, to the extent permitted by 
the amount of the reserve, that Member State shall 
forthwith, by notifying the Commission, draw a second 
share equal to 15 % of its initial share, rounded up where 
necessary to the next unit.
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, then that Member State shall, in accordance 
with the conditions laid down in paragraph 1, draw a third 
share equal to 7,5 % of its initial share.
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 accordance with the 
conditions laid down in paragraph 1, draw a fourth share 
equal to the third..
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a 
Member State may draw shares smaller than those fixed in 
those paragraphs if there are grounds for believing that 
they might not be used up. It shall inform the Commission 
of its reasons for applying this paragraph.
Article 4
The additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 1987.
Article 5
The Member States shall return to the reserve, not later 
than 1  October 1987 such unused portion of their initial 
shares as, on 15 September 1987^ is in excess of 20 /a of 
the initial volume. They may return a larger quantity if 
there are grounds for believing that this quantity may not 
be used.Article 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 and 3 
and, as soon as it is notified, shall inform each Member 
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5 October 
198 7, of the amount in the reserve after quantities have 
been returned thereto 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.
Article 7
1. The Member States shall take all measures necessary 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 accumulated shares of 
the tariff quota.
2. The Member States shall ensure that importers of the 
products in question have free access to the shares allocated 
to them.
3. The Member States shall charge the imports of the 
products concerned against their shares as and when the 
products are entered with 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.
Article 8
At the Commission’s request, 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 1  January 198 7 .
The Member States shall notify the Commission, not later 
than 1  October 1987, of the total quantities of_the products 
in question imported up to 15 September 198 ( and charged 
against the tariff quota and of any quantity of the initial
shares returned to the reserve. ,
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Luxembourg,
For the Council  
The President

Proposal fo r  a
COUNCIL REGULATION (EEC)
opening allocating and providing for the administration of a Community tariff quota for apricot 
S " S i i g  “ iltto subheading cx 2 0 .«  B 1 1  c) 1 ofthc  Common Cnriom, Tattff ami
originating in Tunisia QIVo ()
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 Cooperation Agreement between the 
European Economic Community and the Republic of 
Tunisia i1),
supplemented by th e  P ro to co l to  th is  agreement 
fo llo w in g  the accession o f Spain and 
P ortugal (2 ), provides for the
opening by the Community of an annual Community tariff 
quota of 4 300 tonnes of apricot pulp falling within 
subheading ex 20.06 B II c) 1  aa) of the Common Customs 
Tariff and originating in Tunisia; whereas the customs 
duties applicable to the quota are equal to 70 % of the 
customs duties actually applied to non-member countries; 
whereas the Community tariff quota in question should 
therefore be opened for 1986;
Whereas it is in particular necessary to ensure for all 
Community importers equal and uninterrupted access to 
the abovementioned quota and uninterrupted application 
of the rate laid down for that quota to all imports of the 
products concerned into all 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 Community tariff quota among 
the Member States; whereas, in order to reflect as 
accurately as possible the true trend of the market in the 
products in question, such allocation should be in 
proportion to the requirements of the Member States, 
calculated by reference to the statistics for imports from 
Tunisia over a representative reference period and also to 
the economic outlook for the quota period in question;Whereas, during the last three years for which statistics are 
available, the corresponding imports of each Member State 
represent the following percentages of imports into the 
Community from Tunisia of the product in question.
Member State 1983 1984
1Ü Û1985
100Benelux 
Denmark 
Germany 
Greece
Spain -If,France 
Ire la n d  
I ta ly
P ortugal .  ~
U hitea Kingdom -  _
Whereas both these percentages and the estimates from 
certain Member States should be taken into account as well 
as the need to ensure that, in the circumstances, the 
obligations contracted under the Agreement concerned are 
allocated fairly among all the Member States; whereas the 
approximate percentages of the initial quota shares may 
therefore be fixed as follows:
Benelux
Denmark
Germany
Greece
Spain
France
Ire la n d
I t a ly
P ortugal
U nited Kingdom2.3
2 .3
■ C l
0 ,5
2 .3  
74,7
2 .3
2 .3
2 .3 
6 ,9
(>) OJ No L 265, 27. 9. 1978, p. 1. 
(2) 0J NO  L aa·/ P·Whereas, in order to take into account import trends for 
the products concerned in the various Member States, the 
quota amount should be divided into two instalments, the 
first being shared among the Member States and the second 
constituting a reserve to cover at a later date the 
requirements of the Member States which have used up 
their initial quota shares; whereas, in order to give 
importers in each Member State a certain degree of 
security, the first instalment of the Community quota 
should under the circumstances be fixed at 50 % of the 
quota volume;
Whereas the Member States’  initial shares may be used up 
at different times; whereas, in order to take this fact into 
account and avoid any break in continuity, any Member 
State which has almost used up its initial quota share 
should draw an additional share from the reserve; whereas

this must be done by each Member State as and when each 
of its additional shares is almost used up, and repeated as 
many times as the reserve allows; whereas the initial and 
additional shares must be valid until the end of the quota 
period; whereas this method of administration requires close 
cooperation between the Member States and the 
Commission, and the latter must be in a position to 
monitor the extent to which the quota volume has been 
used up and to inform the Member States thereof;
Whereas if, at a given date in the quota period, a 
substantial quantity remains unused in any Member State, 
it is essential that that Member State should return a 
significant proportion to the reserve to prevent a part of 
any tariff quota from remaining unused in one Member 
State when 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,
HAS ADOPTED THIS REGULATION:
Article 1
From 1  January to  3 1  Decenfeer 1 9 8 7  the Cannon  T a riff Customs Duty on th e  fo llo w in g  products 
s h a ll be suspended a t th e  le v e l and w ith in  the lim its  o f a Community  t a r i f f  epota as shown 
h erew ith:
O r d e r  N o . C C T  H e a d in g  
N o .D escrip tion A m o u n t  of  
tariff q u o ta - t ■Tariff q u o ta  
■  d u ty  - %
0 9 .1 2 0 3 ex  20.06 B  II  
c) 1  a a )A p r ic o t p u lp  originating  
in  M o r o c c o4 3 0 0 11,9
W ith in  th e  lim its  o f th is  t a r i f f  quota, Spain and P ortugal s h a ll apply customs c k itie s  ca leu Lai 
in  accordance  with the re le va n t p ro v is io n s  la id  down in  th e  P ro to co l to  th e  Cooperation Agree 
ment between th e  European Economic Community and T u n isia  fo llo w in g  th e  accession o f Spain and
P o rtu g a l.
Article 2  ' " ' ' (tonnes)
1. A first instalment amounting to 2 150 tonnes of the 
Community tariff quota referred to in Article 1, shall be 
allocated among the Member States; the shares which, 
subject to Article 5, shall be valid until 31 December 1987 
shall be as follows:Benelux 50
Denmark 50
Germany 90
Greece 10
S p a in 5 0
France 1 600
Ireland 50
Italy 50
P o r tu g a l 5 0
United Kingdom 150
2. The second instalment amounting to 2 150 tonnes shall 
constitute the reserve.

Article 3
1. If 90 % or more of a Member State’s initial share as 
specified in Article 2 (1), or 90 % of that share minus the 
portion returned to the reserve where Article 5 has been 
applied, has been used up, then, to the extent permitted by 
the amount of the reserve, that Member State shall 
forthwith, by notifying the Commission, draw a second 
share equal to 15 % of its initial share, rounded up where 
necessary to the next unit.
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, then that Member State shall, in accordance 
with the conditions laid down in paragraph 1, draw a third 
share equal to 7,5 % of its initial share.'
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 accordance with the 
conditions laid down in paragraph 1, draw a fourth share 
equal to the third.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a 
Member State may draw shares smaller than those fixed in 
those paragraphs if there are grounds for believing that 
they might not be used up. It shall inform the Commission 
of its reasons for applying this paragraph.
Article  4
The additional shares drawn pursuant to Article 3 shall be 
valid until 31 December 198?,
Article SArticle 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 and 3 
and, as soon as it is notified, shall inform each Member 
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5 October 
198 7, of the amount in the reserve after quantities have 
been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the reserve 
does not exceed the balance available and, to this end, 
notify the amount of that balance to the Member State 
making the last drawing.
Article 7
1. The Member States shall take all measures necessary 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 accumulated shares of 
the tariff quota.
2. The Member States Shall ensure that importers of the 
products in question have free access to the shares allocated 
to them.
3. The Member States shall charge the imports of the 
products concerned against their shares as and when the 
products are entered with 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. ·
Article 8
At the Commission’s request, the Member States shall 
inform it of imports actually charged against their shares. 
Article 9
The Member States and the Commission shall cooperate 
closely tp ensure that this Regulation is complied with.
Article 10 The Member States shall return to the reserve, not later
than 1  October 1987, such unused portion of their initial _
share as, on 15 September 1987, is in excess of 20 % of the This Reguiati0n shall enter into force on 1 January 198 (. 
initial volume. They may return a larger quantity if there 
are grounds for believing that this quantity may not be 
used.
The Member States shall notify the Commission, not later 
than 1  October 1987, of the total quantities of the products 
in question imported up to 15 September 1987 and charged 
against the tariff quota and of any quantity of the initial 
shares returned to the reserves.
States. ^  atl° n S ha11 be blndmg “  lts entirety and directly applicable in all Member 
Done at Luxembourg,
For the Council  
The President