COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 618 final 
Brussels, 8 December 1989 
Proposât for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of autonomous 
community tariff quotas for certair^agricultural 
and chemical products (1990) 
(presented by the Commission) 
&^n* 
EXPLANATORY MEMORENDUM 
1. Subsequent to requests made by various Member States, the Services of 
the Commission have examined, in conjunction with the Government experts 
concerned, the question of opening, from 1 January 1990, of autonomous 
tariff quotas for certain agricultural and chemical products. 
2. Following this examination, which took place during the "ECONOMIC TARIFF" 
Group meetingyheld on 8 September/1989, it has been determined that the 
ODening of tariff quotas for the following products could have the 
agreement of the Member States without disturbinq the markets for such 
products : 
y and 20 October 
- sour cherries, marinated in alcohol 
- tellurium metal 
- poly-alpha-olefin 
For certain of these products, the quota volumes are provisional and 
setting them at the level indicated does not rule out their adjustments 
during the procedure. 
This is the purpose of this proposal. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
opening and providing for the administration of autonomous Community tariff quotas for 
certains agricultural and chemical products (1990) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. 
Havin » regard to the Treaty establishing the European 
Econo-nic Community, and in particular Article 28 
thereo , 
Having regard to the proposal from the Commission, 
Whereis production in the Community of certain agricultural and chemical 
products is currently 
unable to meet the specific requirements of the user 
industries in the Community ; whereas, consequently, 
Community supplies of products of this type currently 
depend to a considerable extent on imports from third 
countries ; whereas the most urgent Community 
requirements for the products in question should be met 
immediately on the most favourable terms ; whereas 
lowerjdury Community tariff quotas should therefore be f 
opened within the limits of appropriate volumes for a J0r zero 
period covering the year 1y9ù; ; whereas, in 
order not to upset the balance of the markets for these 
products, the volume of certain of these Community tariff quotas 
should be set at provisional levels which coyer immediate requirements; 
whereas, the setting of the quota 
volumes at this level does not rule out an adjustment 
during the year; 
Whereas it is necessary, in particular, to ensure for all 
Community importers equal and uninterrupted access to 
the said quotas and to. ensure the uninterrupted 
application of the rates laid down for the quotas to all 
imports of the products concerned into all Member States 
until th< quotas have been used up ; 
Whereas it is appropriate to take the necessary measures 
to ensur; efficient Community administration of these 
tariff qiotas while offering the Member States the 
opportur icy to draw from the quota volumes the 
necessar quantities corresponding to actual imports ; 
whereas this method of administration requires close 
coopérât on between the Member Sûtes and the 
Commis ion and the latter must in particular be able to 
monitor the rate at which the quotas are used up and 
inform t îe Member States accordingly ; 
Whereas since the Kingdom of Belgium, the Kingdom of 
the Net! erlands and the Grand Duchy of Luxembourg 
are united within and jointly represented by the Benelux 
Economic Union, all transactions concerning the 
administ ation of the quantities draw by that economic 
union may be carried out by any one of its members. 
? 
- 2 -
HAS ADOPTED THIS REGULATION : 
Article ! 
4, From 1 January to 31 December 1990, the customs duties applicable to 
imports into the Community of the products listed below 
shall be suspended at the levels and within the limits of the Community 
tariff quotas shown below : 
Order j 
fto i CN code 
09.2719 ex 2006 60 39 
09.2737 ex 2804 50 90 
09.2739 ex 3902 90 00 Description 
Sour cherries, marinated 
in alcohol, of a diameter not exceeding 
18,9 mm, stoned, intended for the manu­
facture of chocolate products (1) 
Tellurium metal, in the form of ingots, 
rods, balls, pieces or powder 
Foly-alpha-plefin having a ktnetic vi£os-
ity of around 4 centistokesffmm2/S) at 
100#C and not more than 2 600 centi stokes 
at -40*C measured using the ASTM D 45 
method and having a flash point of not 
lower than 205"C measured using the 
ASTM D 92 method. Amount of 
quota 
(in tonnes) 
2 000 Quota duty 
CD 
10 
10 
100 
(a) lee TARIC codes in Annex. 
{') Checks on their prescribed end-use shall be carried out pursuant to the relevant Community provisions. 
2. Within the limits of these tariff quotas Spain and Portugal shall apply 
customs duties calculated in accordance with the relevant provisions of 
the 1965 Act of Accession. 
Article 2 
The tariff quotas referred to in Article 1 shall be managed 
by the Commission, which may take any appropriate 
administrative measures to ensure that they are managed 
efficiently. 
Article 3 
Where an importer presents a product covered by this 
Regulation for release for free circulation in a Member 
State, applying to take advantage of the preferential 
arrangements, and the entry is accepted by the customs 
authorities, the Member State concerned shall, by 
notifying the Commission, draw an amount corres­
ponding to its requirements from the appropriate quota volume. 
- 4 -
Requests for drawings, indicating the date on which the 
entries were accepted, must be sent to the Commission 
without delay. 
Drawings shall be granted by the Commission in chrono­
logical order of the dates on which the customs 
authorities of the Member States concerned accepted the 
entries for release for free circulation, to the extent that 
the available balance so permits. 
If a Member State does not use a drawing in full it shall 
returr any unused portion to the corresponding quota 
volurre as soon as possible. 
If the quantities requested are greater than the available 
balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission 
shall inform the Member Sûtes of the drawings made. 
Article 4 
Each Member State shall ensure that importers of the 
products in question have equal and continuous access to 
the quotas for as long as the balance of the relevant quota 
volume so permits. 
Article i 
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 1 January 
1990. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
ANVG/K 
09.2719 
09.2737 CA/ COJC 
ex 2008 60 39 TA&iC-
* 20 
* 10 ex 2804 50 90 
09.2739 ex 3902 90 00 * 94 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Chap. 12, art. 120 
2. Base .juridique : article 28 du traité 
3. Intitulé de la mesure tarifaire : Proposition de règlement du Conseil 
portant ouverture et mode de gestion de contingents tarifaires autonomes 
pour certains produits agricole et chimiques (1990). 
4. Obi ect : f L Assurer la couverture à des conditions favorables, des 
besoins, communautaires. 
5. Mode dt calcul : 
Designation des 
produits 
Cerises acides 
Tellure letalliiue 
Poly-alpha-olefme Quantites 
2 000 t 
10 t 
100 t Prix en ecus 
unite 
1 540 
60 000 
2 406,35 Droit 
nonal 
(en t) 
32 
2,1 
12,5 Droit con-
tingentaire 
(en I) 
10 
0 
0 Perte de 
recettes 
(en tens) 
677 600 
17 600 
30 080 
720 280 
Nouvelles mesures tarifaires 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
La présente proposition vise l'ouverture de contingents tarifaires 
communautaires autonomes destinés à couvrir, à des conditions 
favorables, les besoins des industries utilisatrices. Elle aura pour 
effet de permettre à ces industries de concurrencer celles des pays 
tiers sur les marches de la Communauté et des pays tiers et de 
maintenir ou même d'améliorer l'emploi dans la Communauté. 
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ISSN G254-147: 
COM(89) 618 final 
DOCUMENTS 
EN 11 02 
Catalogue number : CB-CO-89-580-EN-C 
ISBN 92-77-55715-X 
Officr for Official Publicàiicns of the European Coinimiiiiiies 
L-298 5 Luxembourg 
1