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 )
Date: 1991-11-27
Institutions: European Commission
Subjects: Middle East, import policy, occupied territory, vegetable

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 £ £| t o r I at 

subject  to reference  quantities originating  in the said  territories 
(1992) 

J 

(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 

HAS ADOPTED THIS REGULATION: 

-  <r~ 

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 

720 

1 January  to 31 March  1992 

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 

applicable  in all Member  States. 

- '4 

Done at Brussels,  ... 

For  the CounciI 

The President 

- €-

ANNEX 

Order 

No 

U> 

CN  code 

T a r ie 
code 

Descri p t i on 

Va 11d11 y 

UJ 

1 3; 

tk) 

0') 

Reference 
q u a n t i ty 
( t o n n e s) 
U) 

Tomatoes*  fresh 
or  c h i l l ed 

1  .  1 - 3 1 .3 

7 50 

Aubergines, 
fresh  or 
c h i l l ed 

1 5 . 1 - 3 0 .4 

3  0 00 

Sweet  peppers 

1 .  1 - 3 1 . 12 

1  000 

C o u r g e t t e s, 
fresh  or 
c h i l l ed 

1.  1 - 2 9 .2 

2 00 

Oranges, 

fresh 

1 . 1 - 3 1 . 12 

25  000 

1 8 . 0 3 10 

e x 0 7 0 2 0 0 10 

1 8 . 0 3 20 

e x 0 7 0 9 3 0 00 

1 8 .0  330 

e x 0 7 0 9 6 0 10 

1 8 . 0 3 40 

e x 0 7 0 9 9 0 70 

1 8 . 0 3 50 

e x 0 8 0 5 1 0 11 

e x 0 8 0 5 1 0 15 

e x 0 8 0 5 1 0 19 

0 8 0 5 1 0 21 
0 8 0 5 1 0 25 
0 8 0 5 1 0 29 

e x 0 8 0 5 1 0 31 

e x 0 8 0 5 1 0 35 

e x 0 8 0 5 1 0 39 

e x 0 8 0 5 1 0 41 

e x 0 8 0 5 1 0 45 

*  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 

- g-

Ï) 

O) 

(3) 

(4/ 

(S) 

(€>) 

ex08051049l 

ex08051070 

ex08051090 

12 
13 
18 
91 
98 
11 
13 
14 
18 
11 
19 

1.2-31.12 

500 

Mandar ins 
(including 
tangerines and 
satsumas); 
clement ines, 
wi I Icings and 
similar citrus 
hybrids, fresh 

18.036CH 

ex08052030 

ex08052010  * 31 
*  33 
*  35 
*  37 
*  31 
*  33 
*  35 
*  37 
*  31 
*  33 
*  35 
*  37 
ex08052070| *  31 
*  33 
35 
37 

ex08052050 

ex08052090 

11 
12 
13 
14 
51 
53 
55 
57 

18.0370 ex08053010  *  10 

Lemons (Citrus 
Iimon, Citrus 
Iimonom), fresh 

1 . 1 - 3 1 . 12 

8 00 

Melons,  fresh 

1 . 1 - 3 1 .5 

6  0 00 

1 8 . 0 3 80 

e x 0 8 0 7 1 0 90 

12 
13 
14 
23 
24 
31 
33 
34 
43 
44 

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: 

Duty  to be applied: 

CN duties: 

720 

7% 

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 

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