ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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DOCUMENTS "COM" 
 
 
 
 
COM (83) 609 
 
 
 
 
Vol. 1983/0 226 
  
 
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 opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic 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 file 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 1983 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 2 43 vom  27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung m it Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM(83) 609 final  
Brussels, 17 October 1983
Draft
COUNCIL REGULATION (EEC)
opening, allocating and providing for the administration of a  
Community tariff quota for sweet cherries, marinated in alcohol and  
intended for the manufacture of chocolate products, falling within  
subheading ex 20.06 B I e) 2 bb) of the Common Customs Tariff
(submitted to the Council by the Commission)
COM(83) 609 final

E X P L A N A T O R Y  M EM O R A N D U M
1. Following a request by the German Federal Republic, the Commission has  
examined the question of opening, on an autonomous basis and for the  
period 1 July 1982 to 30 June 1983, a Community tariff quota for cherries  
of small diameter marinated in alcohol, intended for the manufacture
of chocolates. This question has been raised in the Economic Questions  
Group, on several occasions.
During these discussions, it became apparent that :
a) there exists a certain level of production of such cherries in the  
Community, the volume of which cannot currently be ascertained,  
however, on account of the seasonal nature of the harvest, the un­
certainty of climatic conditions at the time the fruit is forming,  
and the special characteristics relating to cherries within the  
requirements laid down (small diameter, small stone, clear flesh,  
sweet, hard and not completely ripe);
b) the contacts made between producers and consumers during the first  
months have covered only part of the user industries whose regular  
supplies still depend, to a significant degree, on importations from  
third countries, and in particular from Yugoslavia;
c) even though the cherries are intended for use in what are called  
"luxury" products the firm for whom the suspension of duties is  
requested, is established in a poor economy area, where there are  
major problems on the maintenance and creation of employment;
d) uncertainty concerning the possibility of supplies by Community  
producers and concerning the actual requirements of the user  
industries, together with the economic justifications put forward,  
led the Council to open tariff quotas limited each time to a period  
of six months, with a reduced rate of duty (10 %) and for a modest  
quantity (1500 tonnes), capable of ensuring the parallel development  
of Community output and the supplying of user industries under  
favourable conditions.
2. The problem of opening such a quota for the first half of 1984 was  
examined during a meeting of the Economic Tariff Questions Group on
13 September 1983. The conclusion reached was that, taking into account  
the small amount of experience acquired since the opening of this quota  
on 1 July 1982, it was impossible to decipher the trend of developments  
or to provide more precise economic data.

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It was therefore agreed to renew the tariff measure for the first half  
of 1984 under the same conditions, and to re-examine the question in the  
spring with a view to a new tariff measure which would enter into force  
on 1 July 1984.

Draft of a
COUNCIL REGULATION (EEC) No  
of
opening, allocating and providing for the administration of a Community tariff  
quota for sweet cherries, marinated in alcohol and intended for the
manufacture of chocolate products, falling within subheading ex 20.06 B I e) 2  
bb) of the Common Customs Tariff
1THE COUNCIL OF THE EUROPEAN 
COMMUNITIES,
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 28 
thereof,
Having regard to the draft Regulation submitted by 
the Commission,
Whereas the production of sweet 
cherries, marinated in alcohol and intended for the 
manufacture of chocolate products, is currently insuffi­
cient in the Community to meet the requirements of 
the user industries in the Community ; whereas, conse­
quently, Community supplies of products of this type 
depend to a considerable extent on imports from third 
countries ; whereas it is in the Community s interest to 
partially suspend the Common Customs Tariff duty 
for the products in question, within a Community 
tariff quota of an appropriate volume; whereas, in 
order not to bring into question the development 
prospects of this production in the Community while 
ensuring an adequate supply to satisfy user industries, 
it is advisable to limit the benefits of tariff quotas 
solely to products which meet certain criteria as to 
presentation and use, to open the quota for the period 
January t o  31 Ju n e 198A^nd to fix the volume of 
this quota at a level of 1  500 tonnes, corresponding to 
the needs for imports from third countries during that 
period, and to fix the quota duty at 10 % ;
Whereas equal and continuous access to the quota 
should be ensured for all Community importers and 
the rate of duty for the tariff quota should be applied 
consistently to all imports until the quota is 
exhausted; whereas, in the light of these principles, 
arrangements for the utilization of the tariff quotabased on an allocation among Member States would 
seem to be consistent with the Community nature of 
the quota ; whereas, to correspond as closely as 
possible to the actual trend in the market on the 
product in question, allocation of the quota should be 
in proportion to the requirements of the Member 
States as calculated by reference to statistics of imports 
from third countries during a representative reference 
period and to the economic outlook for the quota 
period in question ;
Whereas, however, since the quota is an autonomous 
Community tariff quota intended to cover import 
needs arising in the Community, the quota volume 
may be allocated on the basis of the estimated tempo­
rary import needs from third countries of each of the 
Member States ; whereas these arrangements for alloca­
tion will also ensure the uniform application of the 
' Common Customs Tariff ;
Whereas, to take account of possible import trends for 
the product concerned, the quota volume should be 
divided into two tranches, the first being allocated 
between certain Member States and the second held as 
a reserve to meet subsequent requirements of Member 
States which have used up their initial shares ; whereas, 
to give importers of the Member States some degree of 
certainty, the first tranche of the tariff quota should be 
fixed at a relatively high level, which in this case could 
be 1  350 tonnes ;
Whereas the initial shares of the Member States may 
be used up at different rates ; whereas, to avoid disrup­
tion of supplies on this account, any Member State 
which has almost entirely used up its initial share 
should draw an additional share from the reserve ;  
whereas, each time its additional share is almost en­
tirely used up, a Member State should draw a further

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share, and so on as many times as the reserve allows ;  
whereas the initial and additional shares should be 
valid until the end of the quota period ; whereas this 
form of administration requires close collaboration 
between the Member States and the Commission, 
which latter must be in a position to keep account of 
the extent to which the quota has been used up and to 
inform the Member States accordingly ;
Whereas, if at a given date in the quota period a consi­
derable quantity of a Member State’ s initial share 
remains unused, it is essential that that Member State 
should return a significant proportion to the reserve, in 
order to prevent a part of the Community quota 
remaining unused in one Member State while 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 measure concer­
ning the administration of the shares allocated to that 
economic union may be carried out by any one of its 
members,
HAS ADOPTED THIS REGULATION :
Article 1
1. From 1  January to  30 Junel98 ^the Common
Customs Tariff duty on sweet cherries,
marinated in alcohol, of a diameter not exceeding 18,9 
mm, stoned, intended for the manufacture of choco­
late products ('), falling within subheading ex 20.06 B I 
e) 2 bb), shall be suspended at a level of 10 % within 
the framework of a Community tariff quota of 1  500 
tonnes.
2. Within the limits of the tariff quota, Greece shall 
apply customs duties calculated in accordance with the 
relevant provisions in the 1979 Act of Accession.
Article 2
1. A first tranche of 1  350 tonnes of this Commu­
nity tariff quota shall be allocated among certain 
Member States; the shares which, subject to Article 5, 
shall be valid until 30 June 198 4 shall be as 
follows :
(') Checks on their prescribed end-use shall be carried out 
pursuant to the relevant Community provisions.(tonnes)
Benelux 5
Denmark 5
Germany 1  080
Greece 80
France 1
Ireland 5
Italy 169
United Kingdom 5
2. The second tranche of 150 tonnes shall consti­
tute the reserve.
Article 3
1. If a Member State has used 90 % or more of its 
initial share as fixed in Article 2(1), or of that share 
minus any portion returned to the reserve pursuant to 
Article 5, it shall forthwith, by notifying the Commis­
sion, draw a second share, to the extent that the 
reserve so permits, equal to 10 % of its initial share 
rounded up as necessary to the next whole number.
2. If a Member State, after exhausting its initial 
share, has used 90 % or more of the second share 
drawn by it, that Member State shall forthwith, in the 
manner and to the extent provided in paragraph 1, 
draw a third share equal to 5 % of its initial share 
rounded up as necessary to the next whole number.
3. If a Member State, after exhausting its second 
share, has used 90 % or more of the third share drawn 
by it, that Member State shall forthwith, in the manner 
and to the extent provided in paragraph 1, draw a 
fourth share equal to the third.
This process shall apply until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, 
a Member State may draw shares lower than those 
specified in those paragraphs if there are grounds for 
believing that those specified may not be used in full. 
Any Member State applying this paragraph shall 
inform the Commission of its grounds for so doing.
Article 4
Additional shares drawn pursuant to Article 3 shall be 
valid until 30 June 19S4.
Article  5
Member States shall, not later than 15 M ay 
1984 return to the reserve the unused portion of their 
initial share which, on 1  M ay 1984, is in excess 
of 20 % of the initial volume. They may return a 
greater portion if there are grounds for believing that it 
may not be used in full.

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Member States shall, not later than 15 M ay 1984 
., notify the Commission of the total quantities of 
the products in question imported up to 1  fJJay 1984 
and charged against the Community quota and 
of any portion of their initial shares returned to the 
reserve.
Article 6
The Commission shall keep an account of the shares 
opened by the Member States pursuant to Articles 2 
and 3 and shall, as soon as the notifications reach it, 
inform each Member State of the extent to which the 
reserve has been used up.
It shall, not later than 20 M ay 1984 inform the 
Member States of the amounts still in the reserve 
following any return of shares 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. Member States shall take all appropriate measures 
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 aggregate 
shares of the Community tariff quota.2. Member States shall take all appropriate measures 
to ensure that the products listed in paragraph 1  of 
Article 1  benefiting from the tariff quota in question 
are put to the prescribed end-use.
3. Member States shall ensure that importers of the 
product in question have free access to the shares 
allotted to them.
4. Member States shall charge imports of the 
product in question against their shares as the product 
is entered with the customs authorities for free circula­
tion.
5. The extent to which Member States have used up 
their shares shall be determined on the basis -  of 
imports charged against them under the conditions set 
out in paragraph 4.
Article 8
At the Commission’s request, the Member States shall 
inform it of imports actually charged against their 
shares.
Article 9
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 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member 
States.
Done at Brussels,
For the Council
The President