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 (1993)
Date: 1993-01-29
Institutions: European Commission
Subjects: Middle East, occupied territory, soft fruit, tariff quota

COMMISSION  OF  THE  EUROPEAN  COIVMUNITIES 

C0M(93)24  final 

Brussels, 29 January 1993 

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  (1993) 

(presented by the Commission) 

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) No 

/93 

of 

opening  a nd  providing  for the  administration  of  a  C o m m u n i ty  tariff  quota  for 
fresh  strawberries  originating  in  the  Occupied  Territories  a nd  laying  down  the 
reference 
procedure  applicable 

to  certain  agricultural  products  subject 
quantities  originating  in  the  said  territories  (1993) 

to 

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 April  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 ('), 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  II  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  199 3 the 
Community  tariff  quotas  laid  down  for the said  products, 

, 

which  are 
this  Regulation ; 

indicated  in Article  1 and the Annex to 

the  volumes  of 

Whereas  duties  on  strawberries  falling  within  CN  code 
0810  10 90 are eliminated  within  the limits  of a  Commu 
nity  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 the decision for the opening, in the 
execution of its international obligations, of 
tariff quota should be taken by the Community; 
whereas, to ensure the efficiency of a common 
administration of t hk  quota, there is no reasonable 
obstacle to authorising the Member States to draw 
from the quota-volune the necessary quantities 
corresponding to actual imports; 
whereas this method of administration requires  close 

cooperation between the Member States and the Commissic 
and the latter must in particular be able to monitor 
the rate at which the quota is 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 the quota  may be carried  out by any one of its 
members ; 

Whereas,  in  carrying  out  its  international  obligations 
the  Community must  open  reference  quantities and 
establish  a  statistical  surveillance  system  regarding 
the  products  listed  in the annex  hereto; 
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  Regulation  (EEC)  No  1134/91,  these 
to  a  statistical  surveillance  in 
products  are  subject 
accordance  with  Regulations  (EEC) No  2658/81 (2) and 
(EEC)  No  1736/75 H ; 

Whereas,  to  ensure  the  efficiency  of  the  surveillance 
system,  the  Member  States  must  nevertheless  charge 
imports  of  the  products  in  question  against  the 
reference  quantities  as  and when this  products  are 
presented  to  the  customs  under  cover  of  declarations 
for  release  for  free  circulation;  whereas  the  re-ferenc 
quantities  for  the  products  listed  in  the  annex  hereto, 
should be opûned for  1995; 

HAS  ADOPTED  THIS  REGULATION : 

Article  I 

The  customs  duty  applicable  to imports  into  the Commu 
nity of fresh  strawberries  originating  in the occupied  terri 
tories  shall  be suspended  at the levels  indicated  below and 
within  the limits  of the Community  tariff  quota  as shown 
below : 

Order No 

Taric  code 

Description 

09.1381 

0810  10 90*3&  Fresh  strawberries  from  l  January  to  31  March  ! 9 °3 

Quota  duty 
(V.) 

Amount 
of  quota 
(in  tonnes) 

1  200 

*49 

(')  OJ  No  L  112,  4.  5.  1991.  p.  1. 

(')  OJ No L 256, 7. 9.  1987,  p. 1. Regulation  as last  amended by 
Regulation  (EEC) No  1056/91  (OJ  No  L  107. 27. 4.  1991. 
p.  10). 

0  OJ No L 183.  14. 7.  1975, p. 3. Regulation  as last amended by 
Regulation  (EEC) No  1629/88  (OJ  No  L  147.  14. 6. 1988. 
p.  1). 

-M-

Article  2 

Article  4 

The  tariff  quota  referred  to  in  Article  1 shall  be  adminis 
tered  by  the  Commission,  which  may  take  any  appro 
priate  measure  with  a view  to ensuring  the efficient  admi 
nistration  thereof. 

Article  3 

If  an  importer  presents,  in  a  Member  State, a  declaration 
of  entry  into  free  circulation  including  a request  for  pref 
erential  benefit  for  a product  covered  by  Article  1, 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  communi 
cated  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. 

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. 

Imports  into  the  Community  of  certain  products 
1. 
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 
is 
movement  certificate.  If  the  movement  certificate 
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  Statis 
tical  Office  of  the  European  Communities  in  application 
of  Regulations (EEC) No  2658/87  and (EEC) No  1736/75. 

Article  5 

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

Article  6 

This  Regulation  shall  enter  into  force  on  the  day  of  its 
publication  in  the  Official  Journal  of  the  European 
Communities. 

It  shall  apply  from  1  January  199  r 

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

Done  at  Brussels, 

For  the  Council 

The  President 

r 

ANNEX 

Order 
No 

CN  code 

Taric 
code 

Description 

Validity 

Tomatoes,  fresh  or  chilled 

I.  1 — 3 1.  3 

Reference 
quantity 
(tonnes) 

1  000 

Aubergines,  fresh  or  chilled 

15.  I  —  30.  4 

3 000 

Sweet  peppers 

1.  1  —  31.12 

1  000 

18.0340 

ex  0709 90 70 

Courgettes,  fresh  or  chilled 

1. 1 — 2 9.  2 

300 

Oranges,  fresh 

1.  1  —  31. 12 

25 000 

18.0310 

ex  0702 00  10 

18.0320 

ex  0709 30 00 

18.0330 

ex  0709 60  10 

•31 
"39 
'41 
•49 
'51 
'59 
•61 
•69 

•20 
•30 

11 
19 
•20 
30 

18.0350  ex 0805 10 11 

ex 0805 10 15 

ex 0805 10 19 

0805 10 21 
0805 10 25 
0805 10 29 

ex 0805 10 31 

ex 0805 10 35 

ex 0805 10 39 

ex 0805 10 41 

ex 0805 10 45 

ex 0805 10 49 

ex 0805 10 70 

ex 0805 10 90 

•20 

10 
•90 
10 
•90 
'10 
•90 

•10 
•80 
•10 
•80 
'10 
•80 
•12 
•13 
•18 
•91 
•98 
"12 
•13 
•18 
•91 
•98 
•12 
•13 
•18 
'91 
•98 
•11 
•13 
•14 
'18 
'11 
•19 

Order 
No 

CN  code 

18.0360 

ex  0805 20 10 

ex  0805 20 30 

ex  0805 20 50 

ex  0805 20 70 

ex  0805 20 90 

18.0370 

ex  0805 30 10 

18.0380 

ex  080710 5*0 

Description 

Validity 

Reference 
quantity 
(tonnes) 

Mandarins  (including  ungerines  and  satsumas) ; 
clémentines,  wilkings  and  similar  citrus  hybrids, 
fresh 

1  "i —  31.12 

500 

Taric 
code 

'31 
*33 

*ic3 
•31*39 
*33 
* 3 S * 3* 

7 

*35 
*3> 

'31 
*33 
'35 

'31 
•33 
*35 

"11 m 

*17 
*18 
*51 
*53 
*55 
*58 
^59-
•io 

"13 
*14 
*23 

*33 
'34 
*43 

Lemons  (Citrus  Umon,  Citrus  limonom),  fresh 

I.  1  —  31.  12 

800 

Melons,  fresh 

1.  1 — 3 1.  5 

10  000 

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 

agricultural  products  subject  to  reference  quantities  originating 

in the said  territories  (1993) 

4.  Aim: Fulfilment of a commitment  arising  from  a Council  Regulation 

5.  Calculation  method: 

CN code: 

ex 08010  10 90 

Volume of quota  in tonnes: 

1 200 T 

Duty  to be applied: 

CN duties: 

0 % 

14% 

Average estimated price  in ECU/t:  2 364 

6-  Loss of  revenue: 

The  total  loss of  revenue  from  fresh  strawberries  for  1993 will  be 

ECU  397 152. 

The  application  of  the  other  provisions  of  this  Regulation  gives 

rise  to no further  loss of revenue. 

ISSN 0254-1475 

COM (93) 24 final 

DOCUMENTS 

EN 

ii  02 

Catalogue number : CB-CO-93-027-EN-C 

ISBN 92-77-52311-5 

( tffice for Official Publications of the European Communities 
L 2985 Luxembourg