COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 472 final 
Brussels, 27 November 1991 
1SI§K885 
Proposal for a 
COUNCIL RFEHLAT10N (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 P'f££|torIat 
subject to reference quantities originating in the said territories 
J (1992) 
(presented by the Commission) 
m *\ —. 
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) 
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 
(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 Council Regulation (EEC) No 1134/91 of 29 ApriI 1991 
on the tariff arrangements applicable to imports into the Community of 
products originating in the occupied territories and repealing 
Regulation (EEC) No 3363/86,1 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 If 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 1992 the Community tariff quotas laid 
down for the said products as, per the pro rata temporis 
caLcuLation, volumes have reached the levels indicated in Article 1 and the 
Annex to this Regulation; 
1 OJ No L 112, 4.5.1991, p.1 
-M -
Whereas duties on strawberries falling within CN code 0810 10 90 are 
eliminated within the limits of a Community 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 it is 
appropriate to take the necessary measures to ensure effective 
Community administration of this tariff quota while offering the Member 
States the opportunity to draw from the quota volume the necessary 
quantities corresponding to actual imports; whereas this method of 
administration requires close cooperation between the Member States and 
the Commission; 
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 administration of the quota may be carried out by any one of its 
members; 
Whereas the products set out in the Annex are subject to Community 
surveillance within a framework of reference quantities and pre-
established timetables; 
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 the above-mentioned Regulation (EEC) 
No 1134/91, these products are subject to a statistical surveillance in 
accordance with Council Regulation (EEC) No 2658/871 and (EEC) 
No 1736/75;2 
Whereas imports of the products in question are charged against the 
reference quantities at Community level as and when the products are 
entered with the customs authorities for free circulation, 
1 0J No L 256, 7.9.1987, p.1. 
2 0J No L 183, 14.7.1975, p.3 
- <r~ 
HAS ADOPTED THIS REGULATION: 
Article 1 
The customs duty applicable to imports into the Community of fresh 
strawberries originating in the occupied territories shall be suspended 
at the levels indicated below and within the limits of the Community 
tariff quota as shown below: 
Order No CN code Descr ipt ion Amount of 
quota Quota 
duty (%) 
09.1381 0810 10 90 Fresh strawberries from 
1 January to 31 March 1992 720 
Article 2 
The tariff 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 administration thereof. 
Art icle 3 
If an importer presents, in a Member State, a declaration of entry into 
free circulation including a request for preferential benefit for a 
product covered by Article 1 of this Regulation, 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 communicated 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. 
- G. 
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 Statistical Office of the European Communities in 
application of Regulations (EEC) No 2658/87 and (EEC) No 1736/75. 
Art icle 5 
The Member States and the Commission shall cooperate closely to ensure 
that this Regulation is complied with. 
Article 6 
This Regulation shall enter force on 1 January 1992. 
This Regulation shall be binding in its entirety and directly 
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applicable in all Member States. 
Done at Brussels, ... 
For the CounciI 
The President 
-€-
ANNEX 
Order 
No 
U> 
18.0310 
18.0320 
18.0 330 
18.0340 
18.0350 CN code 
UJ 
ex07020010 
ex07093000 
ex07096010 
ex07099070 
ex08051011 
ex08051015 
ex08051019 
08051021 
08051025 
08051029 
ex08051031 
ex08051035 
ex08051039 
ex08051041 
ex08051045 Tarie 
code 
13; 
* 31 
* 39 
* 41 
* 49 
* 51 
* 59 
* 61 
* 69 
* 20 
* 30 
* 11 
* 19 
* 20 
* 30 
* 10 
* 20 
* 10 
* 90 
* 10 
* 90 
* 10 
* 90 
* 10 
* 80 
* 10 
* 80 
* 10 
* 80 
* 12 
* 13 
* 18 
* 91 
* 98 
* 12 
* 13 
* 18 
* 91 
* 98 Descri ption Va 11d11 y 
tk) 
Tomatoes* fresh 
or chilled 
Aubergines, 
fresh or 
chilled 
Sweet peppers 
Courgettes, 
fresh or 
chilled 
Oranges, fresh 0') 
1 . 1-31.3 
15.1-30.4 
1 . 1 -31.12 
1. 1-29.2 
1.1-31.12 Reference 
quantity 
(tonnes) 
U) 
7 50 
3 000 
1 000 
200 
25 000 
-g-
Ï) O) 
ex08051049l 
ex08051070 
ex08051090 
18.036CH 
ex08052030 
ex08052050 ex08052010 * 31 
* 33 
* 35 
* 37 
* 31 
* 33 
* 35 
* 37 
* 31 
* 33 
* 35 
* 37 
ex08052070| * 31 
* 33 
35 
37 
11 
12 
13 
14 
51 
53 
55 
57 (3) 
12 
13 
18 
91 
98 
11 
13 
14 
18 
11 
19 (4/ (S) (€>) 
Mandar ins 
(including 
tangerines and 
satsumas); 
clement ines, 
wi I Icings and 
similar citrus 
hybrids, fresh 1.2-31.12 500 
ex08052090 
18.0370 ex08053010 * 10 Lemons (Citrus 
Iimon, Citrus 
Iimonom), fresh 
18.0380 ex08071090 12 
13 
14 
23 
24 
31 
33 
34 
43 
44 Melons, fresh 1.1-31.12 
1.1-31.5 800 
6 000 
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 
agr i cuIturaI products subject to reference quant i t i es or i g inat i ng 
in the said territories (1992) 
4. Aim: Fulfilment of a commitment arising from a Council Regulation 
5. Ca1cu1 a t i on me t hod : 
CN code: ex 08010 10 90 
Volume of quota in tonnes: 720 
Duty to be applied: 7% 
CN duties: 14% 
Average estimated price in ECU/t: 2 252 
6. Loss of revenue: 
The total loss of revenue from fresh strawberries for 1992 will be 
ECU 113 500. 
The application of the other provisions of this Regulation gives 
rise to no further loss of revenue. 

•^ ISSN 0254-1475 
COM(91) 472 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-91-530-EN-C 
ISBN 92-77-77880-6 
Office for Official Publications of the European Communities 
1^2985 Luxembourg