COMMISSION OF THE EUROPEAN COIVMUNITIES 
C0M(93)24 final 
Brussels, 29 January 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff 
quota for fresh strawberries originating in the occupied territories 
and laying down the procedure applicable to certain agricultural 
products subject to reference quantities originating in the said 
territories (1993) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. Council Regulation (EEC) No 1134/91 on the tariff arrangements 
applicable to imports into the Community of products originating in the 
occupied territories and repealing Regulation (EEC) No 3363/86 provides 
for duties on imports of fresh strawberries and the agricultural 
products set out in the Annex and originating in the occupied 
territories to be eliminated in two equal instalments, on 
1 January 1992 and 1 January 1993, and within the periods indicated. 
2. Duties on strawberries falling within CN code 0810 10 90 are to be 
eliminated within the limits of a Community tariff quota of 
1 200 tonnes. 
The agricultural products set out in the Annex are subject to Community 
surveillance within a framework of reference quantities and pre-
established timetables. 
3. As regards the administration of the tariff quota, it is proposed 
that the entire volume of the quota form a Community reserve to which 
all Member States would have access according to the procedure laid 
down in Article 3 of the proposed Regulation. 
With regard to the procedure applicable to the agricultural products, 
Article 3(2) of Regulation 1134/91 provides that where imports of one 
of these products exceeds the reference quantity, the product in 
question may be made subject to a Community tariff quota which will 
apply to a quantity equivalent to the reference quantity, if the 
amounts imported appear likely to cause difficulties in the Community 
market. 
- 2 -
4. The system of surveillance planned for these reference quantities 
does not entail the adoption of common rules other than those currently 
applied uniformly by all Member States in the matter of the Community's 
external trade statistics. Given that reference quantities are 
generally opened for less than a calendar year, the Commission 
departments responsible for examining whether a product should be made 
subject to a tariff quota can obtain the requisite statistics from the 
Statistical Office of the European Communities. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of /93 
opening and providing for the administration of a Community tariff quota for 
fresh strawberries originating in the Occupied Territories and laying down the 
procedure applicable to certain agricultural products subject to reference 
quantities originating in the said territories (1993) 
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 Council Regulation (EEC) No 1134/91 
of 29 April 1991 on the tariff arrangements applicable to 
imports into the Community of products originating in 
the occupied territories and repealing Regulation (EEC) 
No 3363/86 ('), and in particular Articles 2 and 3 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 2 of Regulation (EEC) No 1134/91 
provides for the elimination of customs duties on imports 
of the agricultural products set out in Annex II thereto 
and originating in the Occupied Territories in two equal 
instalments, on 1 January 1992 and 1 January 1993, and 
within the periods indicated for each product; whereas, 
therefore, it is appropriate to open on 1 January 199 3 the 
Community tariff quotas laid down for the said products, 
, the volumes of 
which are indicated in Article 1 and the Annex to 
this Regulation ; 
Whereas duties on strawberries falling within CN code 
0810 10 90 are eliminated within the limits of a Commu­
nity tariff quota of 1 200 tonnes ; 
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 of the products in question into all the Member 
States until the quota is exhausted ; 
Whereas the decision for the opening, in the 
execution of its international obligations, of 
tariff quota should be taken by the Community; 
whereas, to ensure the efficiency of a common 
administration of thk quota, there is no reasonable 
obstacle to authorising the Member States to draw 
from the quota-volune the necessary quantities 
corresponding to actual imports; 
whereas this method of administration requires close cooperation between the Member States and the Commissic 
and the latter must in particular be able to monitor 
the rate at which the quota is used up and inform the 
Member States accordingly; 
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 the quota may be carried out by any one of its 
members ; 
Whereas, in carrying out its international obligations 
the Community must open reference quantities and 
establish a statistical surveillance system regarding 
the products listed in the annex hereto; 
Whereas, in order to enable the competent authorities 
within the Commission to establish an annual trade 
balance sheet for each of the products and, if necessary, to 
put into application the arrangement provided for in 
Article 3 (2) of Regulation (EEC) No 1134/91, these 
products are subject to a statistical surveillance in 
accordance with Regulations (EEC) No 2658/81 (2) and 
(EEC) No 1736/75 H ; 
Whereas, to ensure the efficiency of the surveillance 
system, the Member States must nevertheless charge 
imports of the products in question against the 
reference quantities as and when this products are 
presented to the customs under cover of declarations 
for release for free circulation; whereas the re-ferenc 
quantities for the products listed in the annex hereto, 
should be opûned for 1995; 
HAS ADOPTED THIS REGULATION : 
Article I 
The customs duty applicable to imports into the Commu­
nity of fresh strawberries originating in the occupied terri­
tories shall be suspended at the levels indicated below and 
within the limits of the Community tariff quota as shown 
below : 
Order No Taric code Description Amount 
of quota 
(in tonnes) Quota duty 
(V.) 
09.1381 0810 10 90*3& Fresh strawberries from l January to 31 March !9°3 1 200 
*49 
(') OJ No L 112, 4. 5. 1991. p. 1. (') OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by 
Regulation (EEC) No 1056/91 (OJ No L 107. 27. 4. 1991. 
p. 10). 
0 OJ No L 183. 14. 7. 1975, p. 3. Regulation as last amended by 
Regulation (EEC) No 1629/88 (OJ No L 147. 14. 6. 1988. 
p. 1). 
-M-
Article 2 
The tariff quota referred to in Article 1 shall be adminis­
tered by the Commission, which may take any appro­
priate measure with a view to ensuring the efficient admi­
nistration thereof. 
Article 3 
If an importer presents, in a Member State, a declaration 
of entry into free circulation including a request for pref­
erential benefit for a product covered by Article 1, and if 
this declaration is accepted by the customs authorities, the 
Member State concerned shall draw, from the tariff quota, 
by means of notification to the Commission, a quantity 
corresponding to these needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declaration, 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 tariff quota. 
If the quantities required are greater than the available 
balance of the tariff quota, allocation shall be made on a 
pro rata basis with respect to the requests. Member States 
shall be informed by the Commission of the drawings 
made. Article 4 
1. Imports into the Community of certain products 
originating in the occupied territories shall be subject to 
reference quantities and to a statistical surveillance. 
The products referred to in the first subparagraph, their 
CN codes, the periods of validity and the levels of the 
reference quantities are set out in the Annex. 
2. Quantities shall be charged against the reference 
quantities as and when products are entered with customs 
authorities for free circulation and accompanied by a 
movement certificate. If the movement certificate is 
submitted a posteriori, the goods shall be charged against 
the corresponding reference quantity at the moment 
when the goods are entered for free circulation. 
The extent to which the reference quantities are used up 
shall be determined at Community level on the basis of 
the imports charged against them in the manner defined 
in the first subparagraph, as communicated to the Statis­
tical Office of the European Communities in application 
of Regulations (EEC) No 2658/87 and (EEC) No 1736/75. 
Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply from 1 January 199 r 
This Regulation shall be binding in its entirety and direcdy applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
r 
ANNEX 
Order 
No CN code Taric 
code Description Validity Reference 
quantity 
(tonnes) 
18.0310 ex 0702 00 10 •31 
"39 
'41 
•49 
'51 
'59 
•61 
•69 Tomatoes, fresh or chilled I. 1—31. 3 1 000 
18.0320 ex 0709 30 00 •20 
•30 Aubergines, fresh or chilled 15. I — 30. 4 3 000 
18.0330 ex 0709 60 10 11 
19 
•20 
30 Sweet peppers 1. 1 — 31.12 1 000 
18.0340 ex 0709 90 70 
•20 Courgettes, fresh or chilled 1. 1—29. 2 300 
18.0350 ex 0805 10 11 
ex 0805 10 15 
ex 0805 10 19 
0805 10 21 
0805 10 25 
0805 10 29 
ex 0805 10 31 
ex 0805 10 35 
ex 0805 10 39 
ex 0805 10 41 
ex 0805 10 45 
ex 0805 10 49 
ex 0805 10 70 
ex 0805 10 90 10 
•90 
10 
•90 
'10 
•90 
•10 
•80 
•10 
•80 
'10 
•80 
•12 
•13 
•18 
•91 
•98 
"12 
•13 
•18 
•91 
•98 
•12 
•13 
•18 
'91 
•98 
•11 
•13 
•14 
'18 
'11 
•19 Oranges, fresh 1. 1 — 31. 12 25 000 
Order 
No 
18.0360 CN code 
ex 0805 20 10 
ex 0805 20 30 
ex 0805 20 50 
ex 0805 20 70 
ex 0805 20 90 Taric 
code 
'31 
*33 
*ic3 
•31*39 
*33 
*3S*3* 
'31 7 
*33 
'35 
'31 
•33 
*35 *35 *3> 
"11 m 
*17 
*18 
*51 
*53 
*55 
*58 Description Validity 
Mandarins (including ungerines and satsumas) ; 1 "i — 31.12 
clémentines, wilkings and similar citrus hybrids, 
fresh 
^59-
•io Reference 
quantity 
(tonnes) 
500 
18.0370 ex 0805 30 10 Lemons (Citrus Umon, Citrus limonom), fresh I. 1 — 31. 12 800 
18.0380 ex 080710 5*0 Melons, fresh 1. 1—31. 5 10 000 
"13 
*14 
*23 
*33 
'34 
*43 
FINANCIAL STATEMENT 
1. Budget heading: Chapter 12, Article 120 
2. Legal basis: Article 113 of the Treaty 
3. Title of the tariff measure: Proposal for a Council Regulation 
opening and providing for the administration of a Community tariff 
quota for fresh strawberries originating in the occupied 
territories and laying down the procedure applicable to certain 
agricultural products subject to reference quantities originating 
in the said territories (1993) 
4. Aim: Fulfilment of a commitment arising from a Council Regulation 
5. Calculation method: 
CN code: ex 08010 10 90 
Volume of quota in tonnes: 1 200 T 
Duty to be applied: 0 % 
CN duties: 14% 
Average estimated price in ECU/t: 2 364 
6- Loss of revenue: 
The total loss of revenue from fresh strawberries for 1993 will be 
ECU 397 152. 
The application of the other provisions of this Regulation gives 
rise to no further loss of revenue. 
ISSN 0254-1475 
COM (93) 24 final 
DOCUMENTS 
EN ii 02 
Catalogue number : CB-CO-93-027-EN-C 
ISBN 92-77-52311-5 
( tffice for Official Publications of the European Communities 
L 2985 Luxembourg