Proposal for a COUNCIL REGULATION (EC) laying down special rules for imports of apples and pears
Date: 1994-05-17
Institutions: European Commission
Subjects: Chile, countervailing charge, import, import price, pip fruit, reference price

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COMMISSION  OF  THE  EUROPEAN  COMVTUNITIES 

C0M(94) 197 final 
Brussels,  17.05.1994 

Amendment of the proposal for an exchange of letters 
between the European Community and the Republic of Chile on 
imports of apples and pears to the European Community 

Proposal  for a 

COUNCIL REGULATION  (EC) 

laying down special rules for imports of apples and pears 

(presented  by  the Commission) 

Explanatory memorandum 

subject  x 

1) Amendment  of the proposal  for an exchange of  letters 
between the European Community  and the Republic of Chile on 
imports of apples and pears to the European community 

2) Proposal for a Council Regulation  (EC) laying down 
special rules for imports of apples and pears 

Following the discussions in the SCA on 10 May  1994 it is proposed to amend 
the proposal  for an exchange of letters between the European Community  and 
the Republic  of Chile on imports of apples and pears to the European 
Community by restricting the scope of the agreements on the application of 
Regulation No  1035/72 to apples and pears and by applying to pears also the 
concession granted to apples in the context of the implementation  of the 
results of the Uruguay Round under paragraph 2(c). 

The proposal for a Council Regulation replaces the proposal for a Council 
Regulation  (EC) amending Regulation  (EEC) No  1035/72 on the common 
organization of the market in fruit and vegetables. 
Instead of amending Council Regulation  (EEC) No 1035/72 it is proposed, on 
the basis of Article  113 of the Treaty, to apply Articles 24 to 27 of that 
Regulation differently,  as originally  agreed with Chile, but without 
amending the Regulation. 

Thus, as regards imports of apples and pears, the following rules will be 
applied: 
(1) representative prices will be taken into account  for at least 60% of the 
quantities and a weighted mean will be calculated  for the establishment of 
the entry price; 
(2) the countervailing charge will be abolished after four succcessive 
working days without a price; 
(3) in anticipation of the abolition of the countervailing charge, the 
representative prices for a product of given origin will be ignored if they 
relate to negligible quantities. 

since trade in agricultural products with third countries  falls within the 
exclusive competence  of the Community,  the measures must be taken at 
Community  level. 

S 

PROPOSED AMENDMENTS TO THE EXCHANGE OF LETTERS WITH CHILE 

a)  Paragraph 1 is replaced by the following text : 

*As regards imports of apples and pears the EC shall apply the following 

provisions : 

a) 

the entry price for a given exporting country shall be equal to the 
lowest representative price, or to the weighted average of the 
lowest representative prices, recorded for at least 60 % of the 
quantities from the exporting country concerned which are marketed 
on all representative markets for wich prices are available. 

b)  the countervailing charge will be withdrawn if there are no prices 
below the reference price for four consecutive working days in 
respect of the exporting country concerned. 

c)  as regards the abolition of a countervailing charge, if only 

insignificant  sales take place for a day, it shall be deemed that no 
sales have taken place on that day." 

b)  Paragraph 2(is replaced by the following text : 

"When implementing the result of the Uruguay Round, the EC shall add : 

- the following lines to subheading 0808.10.99 for the period 1 April to 

30 June in respect of its Annex on Apples  (enclosed) : 

... not less than 56.4 ECU but less than 57.7  : 6 % + 6.3  ECU 
... not less than 55.2 ECU but less than 56.4  : 6 % + 7.5  ECU 
6 % + 29.7 ECU 
... equal to or lower than 55.2 ECU 

- the following lines to subheading 0808.20.33 for the period 1 April  to 

30 June in respect of its Annex on Pears  (enclosed) 

... not less than 51.2 ECU but less than 52.3  : 5 % + 5.7 ECU 
... not less than 50.1 ECU but less than 51.2  : 5 % + 6.8  ECU 
5 % + 29.7 ECU 
... equal to or lower than 50.1 ECU 

These figures shall be adjusted in line with the implementation of the 
EC's Uruguay Round commitments." 

CN  C o de 

Description 

Rate of duty 

ANNEX 

PEARS 

0808 20 

- Pears and quinces : 

Pears: 

0808 20 10 

Peery pears, in bulk, from 1 August to 31 December 

9% MIN 0,45 ECU/100 kg net 

Other: 

0808 20 31 

From 1 January to 31 March: 

With an entry price per 100 kg net of: 

not less than 56,9 ECU 

10% 

not less than 55,8 ECU but less than 56,9 ECU 

10% + 1 ,1 ECU/100 kg net 

not less than 54,6 ECU but less than 55,8 ECU 

10% + 2 ,3  ECU/100 kg net 

not less than 53,5 ECU but less than 54,6 ECU 

not less than 52,3 ECU but less than 53,5 ECU 

less than 52,3 ECU 

10% + 3,4 ECU/100 kg net 

10% + 4,6 ECU/100 kg net 

10% +29,7 ECU/100 kg net 

0808 20 33 

From 1 April to 30 April: 

With an entry price per 100 kg net of: 

n ot  less than 56,9 ECU 

5% 

r.ot less than 55,8 ECU but less than 56,9 ECU 

5% + 1,1 ECU/100 kg net 

not less than 54,6 ECU but less than 55,8 ECU 

5% + 2,3 ECU/100 kg net 

not less than 53,5 ECU but less than 54,6 ECU 

5% + 3,4 ECU/100 kg net 

r.ot less than 52,3 ECU but less than 53,5 ECU 

5% + 4,6  ECU/100 kg net 

less than 52,3 ECU 

5% + 29,7 ECU/100 kg net 

0808 20 34 

From 1 May to 3 0 June 

5% MIN 2,00 ECU/100 kg net 

0808 20 35 

Frcm  1 July to 15 July: 

• V."irh an entry price per 100 kg net of: 

•- r.o: less than 52,4 ECU 

5% 

-- r.ot less than 51,4 ECU but  less than 52,4 ECU 

5% + 1,0 ECU/100 kg net 

-- r.ot less than 50,3 ECU but less than 51,4 ECU 

5% + 2,1 ECU/100 kg net 

-- r.ot less than 4 9,3  ECU but less than 50,3 ECU 

5% + 3,1 ECU/100 kg net 

•- r.ot less than 4 8,2  ECU but less than 49,3 ECU 

5% + 4,2 ECU/100 kg net 

-- less than 48,2 ECU 

5% + 29,7 ECU/100 kg net 

0808 20 36 

From  16 July to 31 July: 

• Kith an entry price per 100 kg net of: 

•- r.ot less than 52,4 ECU 

10% 

-- r.ot less than 51,4 ECU but  less than 52,4 ECU 

10% + 1 ,0  ECU/100 kg net 

•- r.ot less than 5 0,3  ECU but less than 51,4 ECU 

10%  + 2 ,1  ECU/100 kg net 

-- r.ot less than 4 9,3  ECU but less than 50,3 ECU 

10%  + 3 ,1  ECU/100 kg net 

-- not less than 4 8,2  ECU but  less than 4 9,3  ECU 

10% + 4 ,2  ECU/100 kg net 

-- less than 4 8,2  ECU 

10%  + 29,7 ECU/100 kg net 

0808 20 39 

From 1 August to 31 October: 

With an entry price per 100 kg net of: 

not less than 44,7 ECU 

13% 

not less than 43,8 ECU but less than 44,7 ECU 

13% + 0,9  ECU/100 kg net 

not less than 42,9 ECU but less than 43,8 ECU 

13% + 1 ,8  ECU/100 kg net 

not less than 42,0 ECU but less than 42,9 ECU 

13% + 2,7 ECU/100 kg net 

not less than 41,1 ECU but less than 42,0 ECU 

13% + 3,6 ECU/100 kg net 

less than 41,1 ECU 

13% + 29,7 ECU/100 kg net 

0808 20 40 

From 1 November to 31 December: 

With an entry price per 100 kg net of: 

not less than 56,9 ECU 

13% 

not less than 55,8 ECU but less than 56,9 ECU 

13% + 1 ,1  ECU/100 kg net 

not less than 54,6 ECU but less than 55,8 ECU 

13% + 2,3 ECU/100 kg net 

not less than 53,5 ECU but less than 54,6 ECU 

13% + 3 ,4  ECU/100 kg net 

not less than 52,3 ECU but less than 53,5 ECU 

13% + 4,6  ECU/100 kg net 

less than 52,3 ECU 

13% + 29,7 ECU/100 kg net 

Proposal for a 

COUNCIL REGULATION  (EC) No 

/94 

Of 

laying down special rules for imports of apples and pears 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European  Community, 

Having regard to Council Regulation  (EEC) N*  1035/72 of  18 May  1972 on the 
common organization of the market in fruit end vegetables <1),  as last 
amended by Regulation  (EC) N* 3669/93<2), and in particular Article  28(z)kUcAeaÇ 

Having regard to the proposal from the Commission, 

Whereas the Council has approved the exchange of letters between the 
European Community  and the Republic of Chile on the importation of apples 
and pears into the European  Community; 

whereas that exchange of letters provides  for special rules for imports of 
apples and pears within the framework of the system of reference prices 
provided  for in Council Regulation  (EEC) No  1035/72, to wit*  (1) the taking 
into account of representative prices for at least 60% of the quantities and 
the calculation of a weighted mean for the establishment  of the entry price, 
(2) the abolition of the countervailing charge after four successive working 
days without a price, and  (3) the provision that, in anticipation of the 
abolition of the countervailing charge, the representative prices for a 
product of given origin should be ignored if they relate to negligible 
quantities; 

Whereas these special rules should be applied until the results of the 
Uruguay Round are implemented  for imports of apples and pears; 

Whereas, therefore, the undertakings thus entered into by the Community  with 
regard to the Republic of Chile concerning imports of apples and pears into 
the community  should be  implemented, 

HAS ADOPTED THIS REGULATION: 

(1) 
(2) 

OJ N* L  118, 20.5.1972, p. 1. 
OJ N* L 338, 31.12.1993, p. 26 

S 

Article 1 

with regard to imports of apples and pears, the Commission shall, 

exceptionally, apply the following rulesi 

a.  The entry price within the meaning of Article 24(3) of Regulation  (EEC) 

No 1035/72 for a given exporting country shall be equal to the lowest 

representative price or to the weighted mean of the lowest 

representative prices recorded  for at least 60% of the quantities  from 

the exporting country in question marketed on all representative 

markets for which prices are available. 

b.  The countervailing charge referred to in Article 26(1) of the 

Regulation in question shall be abolished when, for a given exporting 

country, the entry prices are not lower than the reference prices for 

four consecutive market days. 

c.  For the purposes of the abolition of the countervailing charge as 

referred to above, a day on which the volume of sales is negligible 

shall be considered to be a day without transactions. 

Article 2 

This Regulation shall enter into force on the third day following its 

publication in the official Journal of the European Communities. 

it shall apply until the date of implementation of the results of the 

Uruguay Round for imports of apples and pears. 

This Regulation shall be binding in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 

- /-

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ISSN 0254-1475 

COM (94) 197 final 

DOCUMENTS 

EN 

il  03 

Catalogue number : CB-CO-94-212-EN-C 

ISBN 92-77-68836-X 

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

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