PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR CHINESE CABBAGES AND " ICEBERG " LETTUCE, ORIGINATING IN MOROCCO AND CYPRUS ( 1989 )
Date: 1989-06-13
Institutions: European Commission
Subjects: Morocco, leaf vegetable, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(89) 279 final 

Brussels,  13  June 1989 

Proposal  for a 

opening and providing for the administration of Community  tariff 

quotas for Chinese  cabbages and "iceberg" lettuce/ originating 

in Morocco and Cyprus  (1989) 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

1.  The 

protocols to the 

Agreements between the EEC, 

on the one hand, and Morocco and Cyprus on the other, provide for the 

opening of annual Conniunity tariff quotas for imports into the 

Conrounity from each of these countries of respectively 100 tonnes of 

"iceberg lettuce" and 100 tonnes Chinese cabbages, originating in 

those countries. 

Whereas, pursuant  to Article  18 of the Protocol  in question/ these 

quantities are subject  to an annual  increase of 5% from the entry 

into force of the Protocol, and the quotas  in 1989 will accordingly 

be 110 tonnes/  respectively. 

2.  The purpose of this proposal is to open the quotas in question for the 

period 1 November to 31 December  1989. 

3.  In the context of the tariff quotas opened for Morocco, customs duties • 

are to be abolished progressively over the same periods and in 

accordance with the same timetables as laid down in Articles 75 and 268 

of the Act of Accession. 

In the context of the tariff quotas opened for Cyprus, customs duties 

are to be abolished progressively according to tne same timetables and 

under the same conditions as laid down in Articles 5 and 16 of the 

Protocol relative thereto. 

Hbwever, Council Regulation  {EEC) No 

3189 /88 laying down trade 

arrangements between Spain and Portugal on the one hand and Morocco on 

the other as well as the Protocol to the Cooperation Agreement between 

the EEC and Cyprus consequent on the accession of Spain and Portugal, 

provide that those Member States are to postpone the application of the 

preferential arrangements for the products in question until 

and 31 December 1990 respectively.  The above tariff 

quotas therefore apply only to the Community as constituted on 31 

December 1985. 

z 

- 2 -

These Conraunity tariff quotas should therefore be opened for the period 

1 November to 31 December 1989. 

A: 

In this case,  it 

is proposed that the whole of the quota volumes be held as Conraunity 

reserves to which all Member States will have access in accordance with 

the procedure provided for in Article  3 

of tfce proposal for a 

Regulation. 

This is the purpose of the attached proposal 

Proposal  for  a 

COUNCIL  REGULATION  (EEC)  No 

/ 

of 

opening  and  providing  for  the  administrtion  of  Community  tariff  quotas  for 
Chinese cabbages and 'iceberg' lettuce originating in  Morocco and Cyprus (1 989) 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
Community,  and  in  particular  Article  113  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the  relevant  articles  of  the  Protocols  to  the 
Agreements  between  the  European  Community,  on  the 
one  hand,  and  Morocco (')  and  Cyprus (a) on  the  other, 
provide  for  the  opening  of  Community  tariff  quotas  for 
imports  into  the  Community  of  the  following  products 
originating  in  each  of  those  countries : 

—  100 tonnes Chinese cabbages, falling within CN code 

ex  0704 90 90, 

—  100 tonnes of 'iceberg* lettuce falling within CN codes 

c*  0705 11 10  and  ex  0705 11  90, 

for  the  period  1  November  to  31  December  1989; 

Whereas,  pursuant  to  Article  18 of  the  Protocol 
in  question,  these quantities  are  subject  to  an 
annual  increase  of  5X from the  entry  into  force 
of  the  Protocol,  and the  quotas  in  1969 will 
accordingly  be 110 tomes  respectively; 

Whereas,  within  the  limits  of  Community  tariff  quotas 
opened  for  Morocco,  the  customs  duties  are  to  be 
abolished  progressively  over  the  same  periods  and  in 
accordance  with  the  same  timetables  as  laid  down  in 
Articles 75 and 268 of the Act of Accession  of Spain and 
Portugal ;  whereas  for  the  period  1  November  to  31 
December  1969  the  quota  duties  are  to  be  equal  to 
63,6  %  and 60  */•  respectively  of  the  basic  duties ; 
whereas, within the limits of the Community tariff quotas 
opened for Cyprus, the customs duties are to be abolished 
progressively according to the same timetables and under 
the same conditions as laid down in Articles 5 and  16 of 
the  Protocol  relative  thereto; 

Whereas, however Council  Regulation (EEC) No 3189/88 
of  14 October  1988  laying down  the  arrangements  to be 
applied by Spain and Portugal to trade with Morocco and 
Syria (*),  and  the  Protocol  to  the  Association  Agreement 
between  the  European  Economic  Community  and  the 
Republic  of  Cyprus  consequent  on  the  accession  of  the 
Kingdom  of  Spain  and  the  Portuguese  Republic  to  the 

(<)  OJ  No  L 224,  13. 8.  1988, p. 18. 
f)  OJ  No  L 393, 31.  12.  1987, p. 2. 
O OJ  No  L 287, 20.  10.  1988, p. 1. 

implementation  of 

Community (*) provide  that those  two Member States are 
to  postpone 
the  preferential 
arrangements  for  the  products  in  question  until  31 
December  1989  and  31  December  1990  respectively; 
whereas, consequently, the above tariff  quotas apply only 
to the Community as constituted on 31 December 1985 ; 

Whereas  these  Community  tariff  quotas should  therefore 
be  opened  for  the  period  1 November  to  31  December 
1969; 

Whereas  it  is  in  particular  necessary  to  ensure  that  all 
Community  importers  enjoy  equal  and  uninterrupted 
access  to  the  abovementioned  quotas  and  uninterrupted 
application  of  the  rates laid down  for those quotas to all 
imports of the products concerned into all Member States 
until  the  quotas  have  been  used  up;  whereas,  in  the 
present case, it would appear advisable not to allocate the 
quotas  among  the  Member  States,  without  prejudice  to 
the drawing against the quota volumes of  such quantities 
as they may need, under the conditions and according to 
;  whereas  this 
the  procedures  specified  in  Article  3 
method  of  administration  requires  close* cooperation 
between  the Member States and the Commission and the 
latter  must,  in  particular, be  able  to  monitor  the  raté at 
which  the  quotas  are  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,  all 
the 
administration  of drawings  made by 
that economic 
union  may  be  carried  out  by  any  of  its  members, 

transactions1  concerning 

HAS ADOPTED THIS REGULATION 

Article  1 

1.  From  1  November  to  31  December 1969  ,  the 
customs duties applicable to imports into the Community 
as  constituted  on  31  December  1985  of  the  following 
products  originating  in  Morocco  and  Cyprus  shall  be 
suspended at the levels indicated and within the limits of 
the  Community  tariff  quotas  as  shown  below : 

(*)  OJ  No  L 393, 31.  12.  1987, p. 37. 

<1 

Order No 

CN code 

Description 

Origin 

Volume of 
tariff  quota 
(in tonnes) 

Rate of duty 
(%) 

-2 -

09.1109 

09.1425 

09.1111 

09.1427 

ex  0704 90 90 

Chinese  cabbages 

ex  0705 11 10 

ex  0705 11  90 

Crisp head  cabbage  lettuce  (Lactuca 
sativa  L.  var.  capitata  (Iceberg)) 

Morocco 
Cyprus 

100 
110 

9,5 
12,3-

Morocco 

100 

Cyprus 

110 

from  1  to  30  November 
9  %  MIN  l£  BCU/100 

kg/net 
from  1  tc  31  December 
7 , 8%  MIN 0 ,9  BCU/100 
kg/net 

, 

from  1  to  30  November 
1 2 , 3%  MIN  2JD ECU/100 
kg/net 
Rom  1  to  31  Decanbef 
10,6 % MIN  1.3 BCU/100 
kg/net 

Article 2 

The tariff quotas  referred to in Article 1 shall be managed by the 
Commission, which may take all appropriate administrative measures 
in order to ensure effective administration thereof. 

Article "3 

If an importer presents  in a Member  State a declaration of entry 
into free circulation,  including a request  for preferential benefit 
for a prockjet covered by this Regulation and if this declaration is 
accepted by the customs authorities, the Member  States  concerned 
shall inform  the Comission and draw an amount  corresponding to its 
requirements  from  corresponding quota amount. 

rthe 

The drawing requests, with  indication of the date of acceptance of 
the said declarations, must  be transmitted  to the Commission without 
delay. 

The drawings are granted by the Commission by reference to the date 
of acceptance of the declarations of entry into free circulation 
by the customs authorities of the Member  States concerned to tfie 
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 corresponding quota amount. 

If the quantities  requested are greater than the available balance 
of the quota amount, 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. 

- 3 -

Article 4 

1. 

2. 

3. 

4. 

Member  States shall  take all appropriate measures to ensure that 
their  drawings pursuant to Article 3 enable imports  to be charged 
without  interruption against the 
Community quotas. 

Each  Member  State shall ensure that  importers of the products • 
concerned have  free access to the quotas for such time as the 
residual balance of the quota volumes so permits. 

Member  States shall charge imports of the said goods against  their 
drawings as and when the goods are entered with the customs 
authorities for free circulation. 

The extent to which the quotas have been used up shall be de 
termined on the basis cf the imports charged in accordance with 
paragraph 3. 

Article  S 

The Member  States and the Commission shall cooperate  closely to ensure 
that this Regulation is complied with. 

This  Regulation  shall  enter  into  force  on  1tovember  1989. 

Article  6 

This  Regulation  shall  be  binding  in  i ts  entirety  and  directly 
applicable  in  a ll  Member  States. 

Done  at  Brussels, 

For  the  Council 
The  President 

e 

I. 

2* 

3. 

Ligna  budge»»*™  "r&mèm  J  Chap.  12  « t. 120 

Baa»  toidigue  t  art.  113  ds  trait* 

Intitulé  da  la  naaura tarlfaira  t  Prcpoeition da  règlement du 
Coneeil  portant  ouverture  atoned* da  gestion  de  contingents tarifaires 
oooiDunautaice da  choux  de  Chine  et  dee  salades  "iceberg",  originaires 
du Maroc et  de  Chypre  (1.11-31.12.1989). 

4. 

:*..£ •  ^^-"Mtlxxi  d'une  obligation  contractualle  (Jtooorda 

5. 

Hode de  calcul  : 

HtfPC 

CTMPRB 

de  Chine  1 

t  ex  0704  90  90 

felune  du 
csRtineent 
1 
croit  à appliquer  t 
1 
Droit du T.D.C. 
t  525 BCO/t 
Prix  0 

100 
o,5  % 
15  i 
• 

110 
12,3% 
15  % 

-  2.688  ECU 

1.559  ECU 

b)  ffa1*4tf  "iceberg"  t 

Codée  tf!  " 

:  ex  0705  11  10  et  ex  0705  11  90 

Volume  du  c o n t i n g e n t: 

droits  4  appliquer: 
- du 1.11 au 30.11.1 

-  du  1.12.  au  3 1 . 1 2 .: 

Droits  du  T.D.C.: 
-  du  1 . 1 1.  au  30.11.8 

-  du  1.12.  au  3 1 . 1 2 .; 

M x ^i 

920  ECU/t 

MAROC 
100 

CHV»RE 
110 

9* 

12,3X 

MIN 1,5 ECU/ 
100 kg/br 
7,8% 

MIN  0,9ECU/ 
100  kg/br 

MIN 2,0 ECU/ 
100 kg/br 
10,6X 

MXN 1,3  ECU/ 
100  kg/br 

15X 

MIN  2 ,5  ECU/100  kg/br 

13X 

MIN  1,6  ECU/100  kg/br 

5.152  ECU 

2.580  ECU 

on 

1-

6. 

Perte  de  reoettee  t 

tour 1989,  una  perte  de  reoetta.  da 4  447  aTU pour  lee  choux de Chine 
et  de 7  732  ECU pour  lee  salade,  "iceberg11  est  *  inscrive. 

••  .-.  :-r*--:t  -s  recette 

5 "c ?43  «t  4 839 ECU. 

respîctives  s'élevaient  respectivement 

Chu* da  Chin» 

0701 t*27  - 

?4J6}f lf° 

«  525  ECT/t 

Salades  "1eak»arg" 0701  ex31  (1.4.-31.11.) 
ex3** <1.12.«»31.5.) 

- 

98 051 000  +101  671 000 
il»  723  + 37  8» 

199 722 000  _  0-n -cu/t 
y y 6B9  " 920 ECU/t 

00 

LA  COMPETITIVITE  ET  L'EMPLOI 

Cette proposition  est formulée  en conformité avec des engagements  contractuels de 

La Communauté. L'impact  découlant  de cette concession  a été pris en  considération 

Lors de  La prise de décision d'adoption  de ces contingents et  il n'aura pas un 

caractère sérieux  sur  la compétitivité et  l'emploi  dans  la  Communauté. 

3 

Commission of the  European  Communities 

COM(89)  279  final 

Proposal for  a 

COUNCIL  REGULATION (EEC) 

opening and providing for the administration of  Community tariff  quotas 
for  Chinese  cabbage  and  'iceberg'  lettuce,  originating  in  Morocco  and 
Cyprus  (1989) 

(submitted to the Council by the  Commission) 

13.6.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 — 9 pp. — Format:  21.0 *  29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-50974-0 

Catalogue number:  CB-CO-89-251-EN-C 

COM(89)  279  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing for  the  administration  of 
Community tariff  quotas  for  Chinese  cabbage 
and  'iceberg'  lettuce, originating  in Morocco  and 
Cyprus  (1989) 

(submitted  to the  Council  by the  Commission) 

11 

02 

Catalogue  number:  CB-CO-89-251-EN-C 

ISBN  92-77-50974-0 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

13.6.1989