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 ( 1990 )
Date: 1989-11-22
Institutions: European Commission
Subjects: import tax, sucrose, tariff quota, third country

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM (89) 581  final 

Brussels,  22 November 1989 

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  (1990) 

(presented by the Commission) 

•« 

Explanatory  memorandum 

1. In its proposal  for a Council  Regulation  (EEC) amending  Regulation  (EEC) No. 

3033/80  laying down the system  of trade applicable to certain goods processed 

from agricultural  products  (COM  (89) 71 of 29th. March  1989), the  Commission 

envisages the  introduction of 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 possiblities  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 

1990 for 4 504 tonnes, with a customs duty equal  to 20X, i.e. the current 

duty on this product, 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. 

Therefore, this  Community  quota  should be opened for 1990. 

4. 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. 

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COUNCIL  REGULAriON  (EEC) 

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fructose originating  in third  countries  not bound  to the  Community 
by a preferential  trade agreement  (1990) 

-— 

Y 

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 7 bis of  Council  Regulation  (EEC) No. 3033/80  0f  11 November  1980 
determinating the system of trade applicable to  certain goods resulting fron the processing 
agricultural  p r o d u ce as last anenced'by the Reflation . . (EEC) no. 

/89 (2),:> 

which  is imposed  on  imports of the product  of  CN code 1702 50 00, originating  in 
third  countries not bound  to the  Community  by a preferential  trade agreement, to 
be equal  to the  levy mentioned  in paragraph  6 of Article 16 of  Council  Regulation 
(EEC) No. 1785/81  (3) burdening  imports of products  falling within  CN codes 
1702 30 10, 1702 40 10, 1702 60 10 and  1702 90 30; 

^"  provides  for the variable  component, 

Whereas, in the current  context of the Uruguay  Round, it is fitting  to maintain 
the possibility of  imports  into the Community  market, of chemically-pure fructose,-, 
-~ 

• 
Ç)  originating  in third  countries not 
bound  to the  Community  by a preferential  trade agreement; whereas  this  aspect 

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" 

is fulfilled  if the possibility,  in 1990, for  individual agricultural  pro 
ducts, originating  in the aforesaid  third  countries, to penetrate the  Community 
market  is not  less than the average for 1987 and  1988; whereas  the average  im 
ports of  chemically-pure  fructose, originating  in these third  countries, during 
1987 and  1988, amount  to 4 504 tonnes; whereas  it is fitting  to open a  Community 
quota  for  1990, exempt  of the variable  component,  for an amount  equal to 4 504 
tonnes; 
Where» equal and continuous access to the quota should 
be  ensured  for  all  Community  importers  and  the  rates 
laid down for the quota should be applied consistently to 
all  imports  of  the  product  in  question  into  alt  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  oh  the  amount  of 
quota,  of  such  quantities  as  they  may  need,  under 
conditions  and  according  to  the  procedure  provided  f or 

in  A r t i c le  3; 

t he 

Whereas, since the Kingdom of Belgium, the Kingdom of 
the  Netherlands  and  die  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 : 

(1)  0J  No.  L  ^n  of  2&.AA.19BO,  p.  A 
(2)  0J  No.  L 
of 
(3)  0J  No.  L  177  of  1 . 7 . 1 9 8 1,  p.  4. 

.1989,  p. 

. 

, 

3 

-  d. -

Article 1 

From 1 January to 31 December 1990, the variable component applicable to imports, 
into the Community, of the following product, originating in third countries not 
abound to the Community by a preferential trade agreement, shall be suspended 
totally, within the limits of a Community quota as shown below: 

Order  No 

CN  code 

Description 

Amount 
of  quote 
(io  tonnes) 

Quote  doty 

09.0091 

1702  50  00 

Chemically-pure  fructose 

4  504 

20 

Articlt  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 
administration  thereof. 

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 3 

ArticU  4 

If an importer presents in a Member State a declaration of 
including  a  request  for 
entry  into  free  circulation 
preferential  benefit  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 
communicated  to the Commission  without  delay. 

The drawings are granted Vy 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. 

If  a Member State  does  not use the quantities  drawn, it 
shall return them as soon at possible to the tariff quota. 

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. 

ArticU 5 

This  Regulation  shall  enter  into  force  on  1  January 
1 9 9 0. 

This  Regulation  shall  be binding  in its entirety  and directly  applicable  in all Member 
States. 

Done  at Brussels, 

For the  Council 

Tbt President 

H 

FICHE FINANCIERE 

1.  Ligne budgétaire concernée : Chap 12 art. 120 

2.  Base juridique: art. 113 du traité 

3.  Intitulé de la mesure tarifaire; Proposition de règlement du Conseil 

portant ouverture et mode de gestion d'un contingent communautaire pour 

le fructose chimiquement pur, originaire des Pays tiers non liés avec 

la Communauté par un accord commercial préférentiel (1990) 

4*  Objectif: Exécution d'un engagement de la Communauté au Gatt 

5.  Mode  de  c a l c u l: 

Code NC : 1702 50 00 

Volume du contingent : 4 504 tonnes 

Droits à appliquer : 20% 

Droits de douane appliqués en dehors du contingent : 20% + MOB 

(MOB = 326 ECU/tonne environ) 

6.  Perte de recettes: La perte de recettes à inscrire pour 1990 s'élève à 

1 468 304 écus. En 1989, l'élément mobile en question n'était pas 

encore d'application dans la Communauté. 

^ 

V 

V 

FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 

Cette proposition est formulée en conformité avec un engagement pris au 

sein du Gatt. L'impact  découlant de cet engagement a été pris en 

considération lors de la prise de décision correspondante et il n'aura pas 

des répercussions sur la compétitivité  et l'emploi  dans la Communauté. 

6 

ISSN 0254-1475 

COM(89) 581 final 

DOCUMENTS 

EN 

11 02 

Catalogue number : CB-CO-89-555-EN-C 

ISBN 92-77-55300-6 

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