Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for frozen peas originating in Sweden (1993)
Date: 1992-12-15
Institutions: European Commission
Subjects: Sweden, leguminous vegetable, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92)  546 

f i n al 

B r u s s e l s,  15  December  1992 

Proposal 

f or  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  a 
Community  t a r i ff  quota  for  frozen  peas 
originating  in  Sweden 
(1993) 

(presented by the Commission) 

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 07.02 B of the Common 
Customs Tariff and originating in Sweden. The rate of duty 
to be applied under this tariff quota is reduced to 6% to 
the import of this product within the Community. 

2. 

The purpose of this proposal is to implement the tariff 
quota for the period 1st January to 31 December 1993. 
Account is taken of the entry into force on 1st January 
1988 of the Combined Nomenclature in place of the Common 
Customs Tariff. 

3. 

The proposal does not provide for the quota volumes to be 
allocated among the Member States, which will make drawings 
from the quota volumes to cover actual imports. 

(1) O.J. No. L 328 Of 22.11.1986, p. 89 

^ 

Proposal  for a 

COUNCIL  REGULATION  (EEC)  No 

192 

of 

opening  and  providing  for  the  administration  of  a  Community  tariff  quota  for 
frozen  peas  originating  in  Sweden  (1993 

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 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 

;  whereas,  therefore,  the 
tariff quota in question should be opened for the period 1 
January  to  31  December  1993; 
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 ; 

t a r i ff 

Whereas  the  decision  for  the  opening,  in  the  execution  of 
i ts  international  obligations,  of 
quotas  should  be  taken  by  the  Community;  whereas,  to 
ensure  the  efficiency  of  a  common administrât ion  of  these 
quotas,  there  is  no  reasonable  obstacle  to  authorising 
the  Member  States  to  draw  from  the  quota-volumes  the 
necessary  quantities  corresponding  to  actual  imports; 
whereas  this  method of  administration  requires  close 
cooperation  between  the  Member  States  and  the  Commission 
and  the  latter  must  in  particular  be  able  to  monitor  the 
rate  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, 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 

1.  From  1 January  to  31  December  1993 the  customs 
duty  applicable  to  imports  of  the  following  products 
originating  in  Sweden,  shall  be  suspended  at  the  level 
indicated  and  within  the  limits  of  a  Community  tariff 
quota  as  shown  below: 

Order  No 

CN  code 

Description 

09.0613 

0710 21 00 
ex  0710 2900Q 

Frozen  peas  originating  in  Sweden 

Amount 
of  quota 
(in  tonnes) 

6 000 

Quota  duty 
(%) 

6 

! 

O  T»ric  code  0710 29 00  '  10. 

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

1  2P  The  Protocol  on  thé  definition  of  the  concept  of 
originating  products  and  on  methods  of  administrative 
cooperation,  annexed  to  the  Agreement  between  the 
European  Economic  Community  and  the  Kingdom  of 
Sweden  shall  be  applicable. 

Article  2 

If  an  importer  presents, in  a Member  State, a  declaration 
for  release  for  free  circulation,  including  a  request  for 
this 
preferential  -benefit 
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 

j 

The  drawing  requests,  with  indication  of  the  date  of I 
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 i 
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  3 

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  4 

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

Article  5 

This  Regulation  shall enter  into  force  on  1 January  199 3 

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

Done  at  Brussels, 

For  the  Gommai 

The  Pnsidem 

H 

FINANCIAL RECORD 

1. 

Budget Une oonoerned : Chap. 12 art. 120 

2. 

Legal basis : art. 113 of the Treaty 

3. 

Title of the tariff measure oonoerned  : Proposal for a 
Council Regulation opening and providing for the 
administration of a Community tariff quota for frozen peas 
originating in Sweden (1993). 

4. 

Objective  : Fulfilment of contractual obligations between 
EEC/Sweden. 

5. 

Method of calculation : 

- CN codes: 
- volume of the quota:  6 000 tonnes 
- duty to be applied: 
- normal duty: 

6 % 
18 % 

0710 21 00 and ex 0710 29 00 

6. 

Duty-loss : 

-  unit  value  (ecus)  : 
-  total  value  (eous): 
-  Loss  (ecus): 

858 
5  148  000 
617  760  ecus 

Oonpared with  1992,  decreased  loss  of  26  415 eous. 

ISSN 0254-1475 

COM (92) 546 final 

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Catalogue number : CB-CO-92-568-EN-C 

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