COMMISSION OF THE EUROPEAN CQMV1UNITIES 
COM(91)324 final 
Brussels, 6 September 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
i *' J,i opening and providing for the administration ^ Community tariff 
quota for frozen peas originating in Sweden (1992) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. The Agreement in form of an exchange of letters between the European Economic 
Community and Sweden concerning agriculture and fisheries, approved by the 
Council Decision of 15 September 1986 (1), provides for the opening of an 
annual Community tariff quota of 6 000 tonnes for frozen peas falling 
within subheading ex 07.02B of the Common Customs Tariff and originating 
in Sweden, of which 4 500 tonnes are reserved for Spain. The rate of duty 
to be applied under this tariff quota is reduced to 4.5X in Spain and 6X 
in the other Member States. 
2. The purpose of this proposal is to implement the tariff quota for the period 
1 January to 31 December 1992. Account is taken of the entry into force on 
1 January 1988 of the Combined Nomenclature in place of the Common Customs 
Tariff. 
3. The existence of a clause, in the Agreement reserving a large quantity of 
the tariff quota for Spain justifies a derogation from the Community 
management imposed by the Court of Justice in its judgment of 27.9.1980 
in case 51/87. 
The Commission's proposal therefore provides that the quota will be divided 
into two parts, the first of which will be allocated to Spain, and the 
second of which will constitute a Community reserve to be used by the other 
Member States for drawing quantities as and when they actually need to do 
so. 
(1) PB nr L 328 van 22.11.1986, biz. 89 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 791 
opening and providing for the administration of a Community tariff 
quota for frozen peas originating in Sweden (1992) 
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, tonnes to constitute a reserve from which the other 
Member States and where appropriate, the Kingdom of 
Spain could, for quantities that may exist on a given date 
after the Member State has returned to the first part 
unused quantities on that date, draw the necessary 
quantities to cover their actual needs ; whereas this 
method of management requires close cooperation 
between the Member States and the Commission, and 
requires the Commission in particular to be able to 
monitor the extent to which the quota volume has been 
Used up and inform the Member States accordingly ; 
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 the accession of 
Spain and Portugal to the Community, an Agreement in 
the form of an Exchange of Letters has been concluded 
and approved by Council Decision 86/558/EEC (') ; 
Whereas the said Agreement provides for the opening of 
a 6 000-tonne Community tariff quota 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 quota in question should be opened for the period 1 
January to 31 December 1992; Whereas if at a given date in the quota period a 
considerable quantity of Spain's initial share remains 
unused, it is essential that the Member State concerned 
should return any unused quantities in order to prevent 
part of the the Community 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 concerning the adminis­
tration of this quota may be carried out by any one of its 
members, 
Whereas equal and continuous access to the quota should 
be ensured for all Community importers and the rate laid 
down for the quota should be applied consistently to all 
imports until the quota is exhausted ; whereas, during the 
period of application of this Regulation, it seems 
necessary to keep a certain allocation of the quota in 
question among the Member States on account of the 
requirement in the Agreement to reserve the major part 
of the quota amount for Spain ; whereas it is therefore 
appropriate to subdivide the quota amount into two parts, 
the first one amounting to 4 500 tonnes allocated from 
the outset to Spain, the second one amounting to 1 500 HAS ADOPTED THIS REGULATION 
Article 1 
1. From 1 January to 31 December 1992 the customs 
duty applicable to imports of the following products 
originating in Sweden, shall be suspended at the level 
indicated and within the limits of a Community tariff 
quota as shown below : 
Order No 
09.0613 CN code 
0710 21 00 
ex 0710 29 00 (*) Description 
Frozen peas originating in Sweden Amount 
of quota 
(in tonnes) 
6 000 Quota duty 
(%) 
4,5 in Spain 
6 in the other 
Member States 
f) Taric code 0710 29 00 * 10. 
(') OJ No L 328, 22. 11. 1986, p. 89. 
>*> 
-2-
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 and the Kingdom of 
Sweden shall be applicable. 
Article 2 
1. The tariff quota referred to in Article 1 (1) shall be 
divided into two parts. 
2. The first part of the tariff quota, amounting to 4 500 
tonnes, shall be allocated to Spain until the date fixed in 
Article 4. 
3. The second part, amounting to 1 500 tonnes, shall 
be reserved for the Member States other than Spain, and 
shall be managed by the Commission, who can take any 
administrative measure serving to ensure efficient 
management. The provisions of Article 3 shall apply for 
the management of this quantity. 
Article 3 
If an importer presents, in a Member State, a declaration 
for release for free circulation, including a request for 
preferential benefit for a product covered by this 
Regulation and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
inform the Commission and draw an amount corre­
sponding to its requirements from the quota amount. 
The drawing requests, with indication of the date of 
acceptance of the said declarations, must be transmitted 
to the Commission without delay. 
The drawings shall be granted by the Commission by 
reference to the date of acceptance of the declarations for 
release for 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 quota 
amount. 
If the quantities requested are greater than the available 
balance of the quota amount, allocation shall be made on 
a pro rata basis with respect to the request. Member States 
shall be informed by the Commission thereof. 
Article 4 
The Kingdom of Spain shall, as quickly as possible, 
return to the second part of the quota the total quantities 
which, on 15 September 1992, have not been used in the 
first part which was allocated to the Member State. 
It shall, at the same time, inform the Commission what 
was the total of imports of the product in question up to 
and including 15 September 1992, charged against the 
tariff quota and if appropriate the quantity being returned 
to the second part of the quota. 
With effect from 16 September 1992, imports of the 
product in question in Spain shall only benefit from the 
tariff quota within the limits of the balance available, and 
in accordance with the procedures laid down in Article 3. 
Article 5 
Each Member State shall ensure that importers of the 
products concerned have equal and continuous access to 
the quota for such time as the residual balance of the 
quota volume so permits. 
Article 6 
Member States and the Commission shall collaborate 
closely in order to ensure that this Regulation is complied 
with. 
Article 7 
This Regulation shall enter into force on 1 January 1992-
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
H 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Cnap. 12 art. 120 
2. Base juridique : art. 113 du traité 
3. Intitulé de la mesure tarifaire : Proposition de règlement 
du Conseil portant ouverture et mode de gestion d'un 
contingent tarifaire communautaire pour des pois congelés 
originaires de Suède. 
4. Obleotlf : Respeoter les engagements contractés par la 
Communauté vis-à-vis de la Suède. 
5. Mode de calcul : 
codes de la N.C.: 
volume du contingent : 
droit à appliquer : 
droit normal : 0710 21 00 et ex 0710 29 00 
6 000 tonnes 
6 % et 4,5 % 
18 % 
6. Perte de recettes : 
- valeur d'une tonne : 818 
- valeur totale : 4 908 000 écus 
Perte de recette :« à 4,5% (13,5%) : 3 681 000 écus x 13,5% - 496 935 écus 
CU à 6% (12% ) : 1 227 000 écus X 12% - 147 240 écus 
644 175 écus 
Par rapport à 1991, diminution des pertes de 691 425 - 644 175 écus- 47 250 écus 
(voir procédure écrite OCM (90) 417 ou 13.9.90) 
(Calcul effectué sur base EUROSTAT 1969). 
5 

ISSN 0254-1475 
C0M(91) 324 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-C0-91-376-EN-C 
ISBN 92-77-75434^6 
Office for Official Publications of the European Communities 
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