Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for table cherries originating in Switzerland
Date: 1994-12-12
Institutions: European Commission
Subjects: Switzerland, abolition of customs duties, common customs tariff, import, stone fruit, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(94) 594 final 
Brussels, 12.12.1994 

94/0291  (ACC) 

Proposal for a 

COUNCIL REGULATION  (EC) 

opening and providing for the administration of a Community tariff quota  for table ch. 

originating in Switzerland 

(presented by the Commission) 

i : \ Pl  AN YTOKY  MIMOUANDUM 

1. 

The agreement  concluded  between  the Huropcan  Economic  Community  on the on»v ' 
and  Switzerland  on the other, approved  by Council  Decision  No  86/559/I£IiC( 1 )  ..•. 

September  15,  1986, provide for the opening  by the Community  of an annual Commuia y 

tariff quota  for  a determined  volume at zero  rate  for  table  cherries 

2. 

The  purpose of the annexed  proposal  is to  implement  this tariff  quota  for  an  indefinite 
period.  Accordingly  and  for  reasons of cfilcicncy  and  simplifying  the implementation >:^''u-? 
measures concerned  it seems desirable that  the  regulation  should  be  pluriannual. 

3. 

Furthermore,  as the adaptations arising  from  the combined  nomenclature  of the TARIC  <nd 

those concerning quotas volumes and  quota  rates laid down  in Council  or Commissic •> 

decisions involve no change of substance,  it is proposed  that  the Council  should  em^ 
. 
the Commission to implement  these measures  by adopting  regulations  following  rece,Vf  ~r 
an opinion  from  the Customs Code  Committee. 

, 

4. 

As in the case of other Community tariff quotas, the proposal  does not provide for  the 

allocation among the Member  States of the quota volumes but enables the Membe: 

to draw from the quota volumes the quantities required to cover the actual impor 

recorded. 

( 1) 

O . J.  No  L  3 28  of  2 2 . 1 1 . 1 9 8 6,  p.  99 

Proposal  for  a 

COUNCIL  REGULATION  ( EO 
of 

opening and providing for  the administration  of a Community  tariff  quota 
for  table cherries originating in  Switzerland 

,3 

THE COUNCIL Ol THE EUROPEAN UNION -

Having  regard 

to  the  Treaty  establishing  the  Huropean 

C o m m u n i t y,  and 

in  particular  Article  1  11 

thereof. 

Having  regard  to  the  proposal  from 

the  Commission, 

Whereas,  in agreements  concluded  between 
the Community  and  Switzerland,  and 
approved  by Decision  86/559/1 UlC,'  the 
Community  undertook  to open each  year, 
subject  to  certain  conditions,  a Community 
tariff  quota  at zero  rate of duty for  table 
cherries originating  in this country;  whereas 
this tariff  quota  should  be opened,  and, 
where necessary,  the conditions of eligibility 
laid down  should be  specified; 

Whereas, for  reasons of  simplification, 
provision  should  be made to empower  the 
Commission  to give effect,  following  receipt 
of the opinion  of the Customs  Code 
Committee,  to necessary amendments and 
technical  adaptations  of tbi.  regulation 
arising from  amendments  of the combined 
nomenclature  and  TARIC  codes and  to 
adaptations  of volume,  periods an  quota 
rates arising  from  decisions by the Council 
or by the  Commission; 

Whereas the tariff  quota provided  in the 
agreement  in question  relates an  indefinite 
period  and  accordingly, for  reasons  of 
efficiency  and  simplifying  the 
implementation  of the measures  concerned, 
it appears suitable to provide that  the 
application of this regulation  should  be 
placed  on  a pluriannual  footing; 

1 O.J. Nr.  L 328, of 22.11.1986, p  99 

Whereas  all Community  importers  shoi-
ensured  equal  and  continuous  access to ihv. 
said quota  and  the duty rate laid down  for 
the quota  should  be applied  consistently  to 
all imports  of the  product  in question  into  J' 
Member  States  until  the quota  is exhausu*', 
during the whole  period  of validity of the 
EEC-Switzerland  Agreement. 

W Ï 1 M . M -. 

l ! .' 

l is  M I U : M : I !> 

t a k en 

!•)•  : i. 

• :.!• m  11 a  (lie-  o p r m n g,  i ll  t i le  exe«  > ' n w>  >: 

>!>'u'.!tn>iis,  ni 

t.uiff  quotas  sh. 

'<! 

.• :,:v,• J• • •:iy ,  whcicas,  to  ensure  th 
>n administration  of  these  quotas,  there  is 

:: 

)!  .1 •  o 

cm  y 
nc>  rc.iv.Hiabie  obstacle  to  authorizing  the  Mernb-
to  draw  from 
the  quota-volumes  the  necessary  q> 
corresponding  to  actual  imports  ;  whereas  this  n 
administration 
Member  States  and  the  Commission  and  the  latter  must 
in  particular  be  able  to  monitor 
the 
quotas  are  used  up  and  inform  the  Member  S'1' 
dingly ; 

requires  close  cooperation  betw 

the  rate  at  which 

->c 

:k 

HAS  ADOPTED  THIS  RIXilU.ATION 

Article  1 

1.  From  the  1 January  to 31 December  of 
each year,  the customs duties  applicable 
imports of the products  listed below  shall  • 
suspended  at the levels indicatedd  below  uid 
within  the limits of the Community  tariff 
quotas as shown  below: 

2.  The Protocol  on the definition  of the 
concept  of originating products  and  on 
methods of administrative  cooperation, 
annexed  to the Agreement  between  the 
European  Economic  Community  on the  : 
hand  and  the  Swiss Confederation  on the 
other,  is applicable. 

r 

Amount of quota 

(in tonnes) 
1000 

Quia duty 
(in %) 

0 

Order number 

CN code <a) 

Description 

Table cherries excluding 
Morello cherries 

09.0901 

ex 0809 20 19 
ex 0809 20 29 
ex 0809 20 39 
ex 0809 20 49 
ex 0809 20 59 
ex 0809 20 69 
ex 0809 20 79 

Article  2 

The  tariff  quotas  referred  to  in  Article  1 shall  be  adminis 
tered  by  the  Commission,  which  may  take  any  appro 
priate  administrative  measures  in  order  to ensure  efficient 
administration. 

Article  3 

If  an  importer  presents  in  a Member  State a declaration  of 
entry  into  free  circulation  including  a  request  for  prefe 
rential  benefit  for  a  product  covered  by  this  Regulation, 
and  if  this  declaration  is accepted  by  the  customs  authori 
ties,  the  Member  State  concerned  shall  draw,  from  the 
quota  volume  by  means  of  notification  to  the  Commis 
sion,  a  quantity  corresponding  to  those  needs. 

The  requests  for  drawing,  with  the  indication  of  the  date 
of  acceptance  of  the  said  declarations,  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  corresponding 
quota  volume. 

If  the  quantities  requested  are  greater  than  the  available 
balance  of  the  quota  volume,  allocation  shall  be  made  on 
a  pro  rata  basis  with  respect  to  the  requests.  Member 
States  shall  be  informed  thereof  by  the  Commission. 

Article  4 

Each  Member  State  shall  guarantee  importers  of 
the 
products  in  question  equal  and  continuous  access  to  the 
quotas  as  long  as  the  balance  of  the  corresponding  quota 
volume  allows. 

<*> see Taric code in annex 

(')  OJ  No  L  302.  19.  10.  1992.  p.  I. 

Article  5 

1.  The  provisions  necessary  for  the  application  of  this 
Regulation,  in  particular : 

(a)  the  amendments  and  technical  adaptations,  insofar  as 
necessary,  arising  from  amendments  of  the  combined 
nomenclature  and  Taric  codes  and 

(b) The necessary adaptations of volume, periods 
and quota duty arising from decisions adopted by 
the Council or the Commission 

shall  be  adopted  in  accordance  with  the  procedure  laid 
down  in  Article  6  (2). 

Article  6 

1.  The  Commission  shall  be  assisted  by  the  Customs 
Code  Committee  set  up  by  Article  247  of  Regulation 
(EEC)  No  2913/92C). 

2. 
The  representative  of  the  Commission  shall  submit 
to  the  committee  a draft  of  the  measures  to  be  taken. Tho 
committee  shall  deliver  its  opinion  on  the  draft  within  a 
time  limit  which  the  chairman  may  lay  down  according 
to  the  urgency  of  the  matter.  The  opinion  shall  be  del: 
vered  by  the  majority  laid  down  in  Article  148  (2) of  tf 
Treaty  in  the  case  of  decisions  which  the  Council  is 
required  to  adopt  on  a  proposal  from  the  Commission. 
The  votes  of  the  representatives  of  the  Member  States 
within  the  committee  shall  be weighted  in  the  manner  set 
out  in  that  Article.  The  chairman  shall  not  vote. 

The  Commission  shall  adopt  the  measures,  which  apply 
immediately.  However,  if  these  measures  are  not 
in 
accordance  with  the  opinion  of  the  committee,  they  shall 
be  communicated  by  the  Commission  to  the  Council 
forthwith.  In  that  event : 

—  the  Commission 

the 
measures  which  it  has  decided  for  three  months  from 
the  date  of  such  communication  ; 

shall  defer  application  of 

—  the  Council,  acting  by  qualified  majority,  may  take  a 
different  decision  within  the  period  referred  to  in  the 
previous  paragraph. 

3. 
The  Committee  may  examine  any  question  concer 
ning  the  application  of  this  Regulation  which  is  raised  by 
its  chairman  either  on  his  own  initiative  or  at  the  request 
of  a  Member  State. 

J) 

Article  7 

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

Article  8 

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

It shall apply from 1  January  1995 for the 
whole period of validity of the Agreement.. 

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

Done  at  Brussels, 

For  the  Council 

The  President 

ANNEX 

Taric  Codes 

Order number 

CNcodc 

TARIC  Code. 

09.0901 

ex 0809  20  19 

ex 0809 20  29 
ex 0809 20  39 

ex 0809  20 49 

ex 0809 20  59 

ex 0809 20 69 

ex 0809  20  79 

0809  20 
0809  20 

0809  20  19*11 
•81 
29*10 
39*11 
*21 
*31 
•41 
*51 
*61 
0809  20  49*11 
*21 
•31 
•41 
•51 
*61 
0809  20  59*11 
*21 
•31 
*4I 
•51 
•61 
0809  20  6 9 * 11 
•21 
•31 
•41 
•51 
•61 
•11 
•31 
•51 

FINANCIAL RECORD 

1. 

Budget line concerned  : Chap. 12 Art.  120 

2. 

3. 

4. 

5. 

Legal basis : Art.  113 of the Treaty 

Title of the tariff measure concerned  : Proposal for a Council Regulation opening and 
providing for the administration of Community tariff quotas for table cherries originating m 
Switzerland. 

Objective  : Fulfilment of contractual obligations of the Community. 

Method of calculation : 

CCT heading: 

Volume of the quota: 
Duty to be applied: 
Normal CCT duty: 

ex 0809 20 40; ex 0809 20 80 

1  000 T 
0 
15 % 

6. 

Duty-loss: 

Average price per tonne: 
Total value: 
Duty-loss: 

869 ECU 
869 000 ECU 
130 350 ECU 

The average annual loss of receipt is 130 350 ECU. 

1SMN  UZS4-1473 

COM(94) 594 final 

DOCUMENTS 

EN 

il  03 

Catalogue number : CB-CO-94-620-EN-C 

ISBN 92-77-83493-5 

Office for Official Publications of the European Communities 

Lr2985 Luxembourg