PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN PEAS ORIGINATING IN SWEDEN ( 1992 )
Date: 1991-09-06
Institutions: European Commission
Subjects: Sweden, tariff policy, tariff quota

COMMISSION  OF  THE  EUROPEAN  CQMV1UNITIES 

COM(91)324  final 

Brussels,  6  September  1991 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

opening  and  providing  for  t he  a d m i n i s t r a t i on  ^ 

Community 

t a r i ff 

quota  for  frozen  peas  o r i g i n a t i ng  in  Sweden  (1992) 

(presented  by  the  Commission) 

i 

*' 

J ,i 

EXPLANATORY  MEMORANDUM 

1. The Agreement  in form of an exchange of  letters between  the European  Economic 

Community  and Sweden concerning  agriculture and fisheries, approved by the 

Council  Decision of 15 September  1986  (1), provides  for the opening of an 

annual  Community  tariff quota of 6 000 tonnes for frozen peas falling 

within subheading  ex 07.02B of the Common  Customs Tariff and originating 

in Sweden, of which 4 500 tonnes are reserved  for Spain. The rate of duty 

to be applied under this tariff quota  is reduced  to 4.5X  in Spain and 6X 

in the other Member States. 

2. The purpose of this proposal  is to implement  the tariff quota  for the period 

1 January to 31 December  1992. Account  is taken of the entry  into force on 

1 January 1988 of the Combined  Nomenclature  in place of  the Common  Customs 

Tariff. 

3. The existence of a clause, in the Agreement  reserving  a large quantity of 

the tariff quota  for Spain justifies a derogation  from  the  Community 

management  imposed by the Court of Justice  in its judgment  of 27.9.1980 

in case 51/87. 

The Commission's proposal  therefore provides that the quota will be divided 

into two parts, the first  of which will be allocated  to Spain, and the 

second of which will constitute a Community  reserve to be used by the other 

Member  States for drawing quantities as and when they actually need to do 

so. 

(1) PB nr L 328 van  22.11.1986,  biz.  89 

Proposal  for  a 

C O U N C IL  REGULATION  (EEC)  No 

791 

of 

opening 

and  providing  for  the  administration  of  a  Community  tariff 

quota  for  frozen  peas  originating  in  Sweden  (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  Act  of  Accession  of  Spain  and 
Portugal, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  an  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Sweden  was  concluded 
on  22  July  1972;  whereas  following  the  accession  of 
Spain  and  Portugal  to  the  Community,  an  Agreement  in 
the  form  of  an  Exchange  of  Letters  has  been  concluded 
and  approved  by  Council  Decision  86/558/EEC (') ; 

Whereas  the  said  Agreement  provides  for  the  opening  of 
a  6 000-tonne  Community  tariff  quota  at  a  reduced  rate  of 
duty  for  frozen  peas  originating  in  Sweden,  4  500  tonnes 
of  which  are  reserved  for  Spain  ;  whereas,  therefore,  the 
tariff  quota  in  question  should  be  opened  for  the  period  1 
January  to  31  December  1992; 

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  until  the  quota  is  exhausted  ; whereas,  during  the 
period  of  application  of 
seems 
necessary  to  keep  a  certain  allocation  of  the  quota  in 
question  among  the  Member  States  on  account  of  the 
requirement  in  the  Agreement  to  reserve  the  major  part 
of  the  quota  amount  for  Spain  ;  whereas  it  is  therefore 
appropriate  to  subdivide  the  quota  amount  into  two  parts, 
the  first  one  amounting  to  4  500  tonnes  allocated  from 
the  outset  to  Spain,  the  second  one  amounting  to  1 500 

this  Regulation, 

it 

to  constitute  a  reserve  from  which 

tonnes 
the  other 
Member  States  and  where  appropriate,  the  Kingdom  of 
Spain  could,  for  quantities  that  may  exist  on  a  given  date 
to  the  first  part 
after  the  Member  State  has  returned 
the  necessary 
unused  quantities  on 
this 
quantities 
method  of  management 
cooperation 
between  the  Member  States  and  the  Commission,  and 
requires 
to 
monitor  the  extent  to  which  the  quota  volume  has  been 
Used  up  and  inform  the  Member  States  accordingly  ; 

their  actual  needs  ;  whereas 
requires  close 

the  Commission 

that  date,  draw 

in  particular 

to  be  able 

to  cover 

if  at  a  given  date 

the  quota  period  a 
Whereas 
in 
considerable  quantity  of  Spain's 
remains 
initial  share 
unused,  it  is  essential  that  the  Member  State  concerned 
should  return  any  unused  quantities  in  order  to  prevent 
part  of  the  the  Community  tariff  quota  from  remaining 
unused  in  one  Member  State  when  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  operation  concerning  the  adminis 
tration  of  this  quota  may  be  carried  out  by  any  one  of  its 
members, 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

From  1 January  to  31  December  1992  the  customs 
1. 
duty  applicable 
the  following  products 
originating  in  Sweden,  shall  be  suspended  at  the  level 
tariff 
indicated  and  within  the  limits  of  a  Community 
quota  as  shown  below  : 

to  imports  of 

Order  No 

CN code 

Description 

09.0613 

0710 21  00 
ex  0710 29 00 (*) 

Frozen  peas  originating  in  Sweden 

f)  Taric code  0710 29 00 *  10. 

(')  OJ  No  L  328,  22.  11.  1986,  p.  89. 

Amount 
of  quota 
(in  tonnes) 

6 000 

Quota duty 
(%) 

4,5  in  Spain 
6  in  the  other 
Member  States 

>*> 

- 2-

2.  The  Protocol  on  the  definition  of  the  concept  of 
originating  products  and  on  methods  of  administrative 
the 
cooperation,  annexed  to  the  Agreement  between 
European  Economic  Community  and  the  Kingdom  of 
Sweden  shall  be  applicable. 

Article  2 

1.  The  tariff  quota  referred  to  in  Article  1 (1) shall  be 
divided  into  two  parts. 

2.  The  first  part of  the  tariff  quota, amounting  to 4 500 
tonnes, shall  be  allocated  to  Spain  until  the  date  fixed  in 
Article  4. 

3.  The  second  part,  amounting  to  1 500  tonnes,  shall 
be  reserved  for  the  Member  States  other  than  Spain,  and 
shall  be  managed  by  the  Commission,  who  can  take  any 
administrative  measure 
efficient 
management.  The  provisions  of  Article  3  shall  apply  for 
the  management  of  this  quantity. 

to  ensure 

serving 

Article  3 

If  an  importer  presents, in  a Member  State, a  declaration 
for  release  for  free  circulation,  including  a  request  for 
preferential  benefit 
this 
Regulation  and  if  this  declaration  is  accepted  by  the 
customs  authorities,  the  Member  State  concerned  shall 
inform  the  Commission  and  draw  an  amount  corre 
sponding  to  its  requirements  from  the  quota  amount. 

for  a  product  covered  by 

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

The  drawings  shall  be  granted  by  the  Commission  by 
reference  to  the  date  of  acceptance  of  the  declarations  for 
release  for  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  as  possible  to  the  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  request. Member States 
shall  be  informed  by  the  Commission  thereof. 

Article  4 

The  Kingdom  of  Spain  shall,  as  quickly  as  possible, 
return  to  the  second  part  of  the  quota  the  total  quantities 
which, on  15 September  1992, have  not  been  used  in  the 
first  part  which  was  allocated  to  the  Member  State. 

It  shall,  at  the  same  time,  inform  the  Commission  what 
was the  total  of  imports  of  the  product  in  question  up  to 
and  including  15  September  1992,  charged  against  the 
tariff  quota  and  if  appropriate  the  quantity  being  returned 
to  the  second  part  of  the  quota. 

With  effect  from  16  September  1992,  imports  of  the 
product  in  question  in  Spain  shall  only  benefit  from  the 
tariff  quota  within  the  limits  of  the  balance  available, and 
in  accordance with  the  procedures  laid  down  in  Article 3. 

Article  5 

Each  Member  State  shall  ensure  that  importers  of  the 
products  concerned  have  equal  and  continuous  access  to 
the  quota  for  such  time  as  the  residual  balance  of  the 
quota  volume  so  permits. 

Article  6 

Member  States  and  the  Commission  shall  collaborate 
closely in  order to ensure  that this Regulation  is complied 
with. 

Article  7 

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 

H 

FICHE FINANCIERE 

1. 

Ligne budgétaire concernée  : Cnap. 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 tarifaire communautaire pour des pois congelés 
originaires de Suède. 

4. 

Obleotlf  : Respeoter les engagements contractés par la 
Communauté vis-à-vis de la Suède. 

5. 

Mode de calcul : 

codes de la N.C.: 
volume du contingent : 
droit à appliquer : 
droit normal : 

6. 

Perte  de  r e c e t t es  : 

0710 21 00 et ex 0710 29 00 
6 000 tonnes 
et 

4,5 % 

6  % 
18  % 

-  valeur  d'une  tonne  :  818 
-  valeur  t o t a le  : 

4  908  000  écus 

Perte  de  recette  :«  à  4,5%  (13,5%)  :  3  681  000 écus  x  13,5% -  496 935  écus 

CU  à  6% 

(12%  )  :  1  227  000 écus  X 12% 

-  147  240 écus 

644  175  écus 

Par rapport à 1991, diminution des pertes de 691 425 - 644 175 écus- 47 250 écus 
(voir procédure écrite OCM (90) 417 ou 13.9.90) 

(Calcul effectué sur base EUROSTAT 1969). 

5 

ISSN 0254-1475 

C0M(91) 324 final 

DOCUMENTS 

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