C< "MISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)368 final 
Brussels, 17 October 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community quota 
for chemically-pure fructose originating In third countries not bound 
to the Community by a preferential trade agreement (1992) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. By Council Regulation (EEC) no. 1436/90, amending Regulation (EEC) No. 
3033/80 laying down the system of trade applicable to certain goods 
processed from agricultural products, the Commission has introduced a 
variable component to be levied on imports of chemically-pure 
fructose, of CN code 1702 50 00, originating in third countries not 
bound to the Community by a preferential agreement. 
2. In the current context of the Uruguay Round, it would appear 
advisable, for evident reasons of trade policy, not to sacrifice the 
trade in goods as it exists already. Thus, the possibilities for 
importing chemically-pure fructose, originating in the said countries, 
into the Community market, should be maintained at their proper level. 
To this end, account should be taken of the average imports of this 
product throughout 1987 and 1988. Given that this average amounts to 
4 504 tonnes, the opening of a Community quota in 1991 for 4 504 
tonnes, with a customs duty equal to 20%, and with exemption from the 
variable component, should constitute a satisfactory solution. 
3. Once the quota volume has been reached at Community level, further 
imports of the said product will be subject to the additional levy of 
the variable component, to be applied at that instant within the 
Community. 
4. Given that negotiations which might lead to an amendment of the rate 
of customs duty applicable to trade of this product by the Community 
are currently under way in the Uruguay Round, the Commission reserves 
the possibility to withdraw or modify its proposition in the course of 
the procedure so it can adapt it as necessary. 
Therefore, this Community quota should be opened for 1992 
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5. As regards the method of administration of this quota, it is proposed 
that the entire quota volume be held as a Community reserve, to which 
all Member States will have access, in accordance with the procedure 
provided for in Article 3 of the proposal for a Regulation. 
This is the purpose of the attached proposal. 
ANNEX: Proposal for a Regulation. 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of /9l 
opening and providing for the administration of a Community quota for 
chemically pure fructose originating in third countries not bound to the 
Community by a preferential trade agreement (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 proposal from the Commission, 
Whereas Article 7a of Council Regulation (EEC) No 
3033/80 of 11 November 1980 laying down the trade 
arrangements applicable to certain goods resulting from 
the processing of agricultural products ('), as last amended 
by Regulation (EEC) No 1436/90 (2), provides that the 
variable component which imposes, as from 1 July 1990, 
on imports of the products falling within CN code 
1702 50 00, originating in third countries not bound to 
the Community by a preferential trade agreement, will be 
equal to the levy referred'to in Article 16 (6) of Regulation 
(EEC) No 1785/81 (-), as last amended by Regulation 
(EEC) No 1069/89 (4), imposed on imports of products 
falling within CN codes 1702 30 10, 1702 40 10, 
1702 60 10 and 1702 90 30; 
Whereas, in the current context of the Uruguay Round, it 
is appropriate to maintain the possibility of exporting to 
the Community market chemically pure fructose origina­
ting in third countries not bound to the Community by a 
preferential trade agreement; whereas this aspect is 
fulfilled if the possibility for individual agricultural 
products, originating in the aforesaid third countries, to 
penetrate the Community market is not less, in 1992, 
than the average for 1987 and 1988 ; whereas the average 
imports of chemically pure fructose, originating in these countries, during 1987 and 1988, amounted to 4 504 
tonnes , whereas it is therefore appropriate to open, for 
the year 1992, a Community quota, exempt from the vari­
able component, for an amount equal to 4 504 tonnes ; 
Whereas equal and continuous access to the quota should 
be ensured for ail Community importers and the rates 
laid down for the quota should be applied consistently to 
all imports of the product in question into all the 
Member States until the quota is exhausted ; whereas it is 
appropriate not to provide for allocation among Member 
States, without prejudice to the drawing on the amount of 
the quota, of such quantities as they may need, under 
conditions and according to the procedure provided for in 
Article 3 ; 
Whereas, since the Kingdom of Belgium, the Kingdomn 
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 drawings made by that economic union 
may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION : 
Article 1 
From 1 January to 31 December 1992, the variable 
component applicable to imports, into the Community, 
of the following product, originating in third countries 
not bound to the Community by a preferential trade 
agreement, shall be suspended totally, within the limits of 
a Community quota as shown below : 
Older No 
09.0091 CN code 
1702 50 00 Description 
Chemically pure fructose Amount 
of quota 
(in tonnes) 
4 504 Quota duty 
(%) 
20 
Article 2 
The quota referred to in Article 1 shall be administered 
by the Commission, which may take any appropriate 
measure with a view to ensuring the efficient administra­
tion thereof. 
Article 3 
If an importer presents in a Member State a declaration of 
entry into free circulation including a request for prefe­
rential benefit of the quota for a product covered by this Regulation, and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw, from the 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. 
(') OJ No L 323, 29. 11. 1980, p. 1. 
(') OJ No L 138, 31. S. 1990, p. 9. 
(') OJ No L 177, 1. 7. 1981, p. 4. 
(4) OJ No L 114, 27. 4. 1989, p. 1. The drawings shall be granted by the Commission on the 
basis of the date of acceptance of the declarations 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 docs not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. 
If the quantities requested 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 
Each Member State shall ensure that importers of the 
product concerned have equal and continuous access to 
the quota for such times as the residual balance of the 
quota so permits. 
Article 5 
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 
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FINANCIAL RECORD 
1. Budget Iine concerned : Chap. 12 art. 120 
2. Legal base : art 113 of the Treaty 
3. Heading of the tariff measure : Proposal for a Council Regulation 
(EEC) opening and providing for the administration of a Community 
quota for chemically-pure fructose originating in third countries not 
bound to the Community by a preferential trade agreement (1992) 
4. OblectIve :execution of an engagement of the Community to GATT. 
5. Method of calculation : 
CN code: 1702 50 00 
Volume of the quota: 4 504 tonnes 
Duty to apply: 20% 
Customs duty applied outside the quota: 20% + MOB 
(MOB - 326 ECUs/tonnes approximately) 
6. Loss of receipts : the loss of receipts to insert for 1992 is 468 304 
ECUs. In 1991 a loss at the same level was foreseen 
ISSN 0254-1475 
COM(91) 368 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-CO-91-428-EN-C 
ISBN 92-77-76176-8 
Office for Official Publications of the European Communities 
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