CELEX: 51979PC0457
Language: en
Date: 1979-09-06
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried figs, falling within subheading ex 08.03 B of the Common Customs Tariff and originating in Spain (1980)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried grapes, falling within subheading 08.04. B I of the Common Customs Tariff and originating in Spain (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 457
Vol. 1979/0160
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                 .                             COM(79)457 final
                          \                    Brussels . 6 September 1979
                           y
  V. -     / .       ■     •" -
  V        -               y
       X>>          ^ ;         Proposal for a
         ^         COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a
  Community tariff quota for dried figs, falling within subheading
  ex 08.03 B of the Common Customs Tariff and originating in Spain
                                    ( 1980 )
                                Proposal for a
                         COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a
  Community tariff quota for dried grapes , falling within subheading'
  08.04 . B I of the Common Customs Tariff and originating in Spain
                                    ( 1980 )
               ( submitted to the Council by the Commission )* •
  C0M(79 ) 457 final
 ---pagebreak---   1 . Artiolo 2 of' the A^roornont                                                                             - oo + wgou fho Avroporui
• Ooiiironr.ity pjir\ Spain , road vitll Ar*iolc»« 2 and 9                                                       Annex I thoroto ,
  provide* for tho oponiiv; of Comrmmity tariff q^-otas for th© importation
  into iho Community of tho following prod.uota , originating                                                                  Spjxin, a»
  tho cuotn, duties opooified "bolow s                                                                       •
  CGT llo.-ulins No                          Produot                            Annu&l Volumo                               Quota Duty
              ^ jn ju, fjj _Ci itu 1 L - - ■ j ■ t _j |_- -| xii W–Ti* " r ur -|--"> "frirri ■ – ■ ■ ■ >–««.4_                lj
  ox 00,03 B                       • Cortttiiv dried                             ;. .            200                      30/« of the CCT auty
                                     fx^a
      OBoO.'J B I                     Gortaln driod                       '                1       700 t                  Eaconipt
                                     Cmpofj                                                                                           •
   2.     However , this regime has been provided only forthe importation of these
   products into the six original Member Sta-tes , whereas the three new Member
    States have applied different regimes .
          In this situation , a uniform regime of importation should be established .
    Hence the foremen * ioned quota volumes should be increased in such a manner as
    to take account of the traditional quantities imported in the new Member State
    This leads to an increase to 1 900 tonnes in the quota for dried grapes and fo
    dried figs xto keep at the level of the initial quota .
 ---pagebreak---         rsiiu i « t'no         #<f «»• wwewrt* ww^o'l horn-to .
3 . v;-vj RoH.lal.innn nrnvido , in tho ucpual war, for tho wUrttm? »!> of
*h, i»M« voW.on into two m-rtr., tho fimt of whinh trtll fco .-. Uor.vtnd
           tho Kombw St«K>» «o t«ota «»«•««. wi 'tho Moon-1 will l.o             w;
    rcnorvo .
4 . Vhs i».1.1oon:tioa of tho f.irrj1> parts of *h9 f^tas .
                  hr.n Ix.on vm.'orb^con' aooorrlinft to tho rulon ;;onorally arnliml
hi. I: ho rim « Tho total iwporio offlftOh WamW St /vfeo for 1976 to 1978
boon c^r^ood.An a proportion of total Community imorbo over the fuuao ^
norioO . Tho ronuUin/T T>oroent«?«o hav« *«en applied " Gtato oy St*fc«t 'bo tho
V,l,,nm of the first part , thoriaflt (Utfit of the-nuiribor of wotrio ions "oei»v: .
romiiky! off .
                                                       •         ,           ,
5 . The proposed Regulation provide for a single method of administration
to be applied by all Member States , namely the " as and when" method .
                                      (
   Annoxos :
           2 propooala for regulations of tho Oounoil#
 ---pagebreak---                                                                                                                ANNEX A
                                               Proposal for a
                                      COUNCIL REGULATION (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               dried figs, failing within subheading ex 08.03 B of the Common Customs Tariff and
                                                originating in Spain ( 1980 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         representative reference period and also to the economic
                                                                 outlook for the quota period in question;
Having regard to the Treaty establishing the European            Whereas, during the last thre.e years for which statistics
Economic Community, and in particular Article 113                are available, the corresponding imports by each of the
thereof,                                                         Member States represent the following percentages of
                                                                 the imports into the Community from Spain of the
                                                                 products concerned:
Having regard to the proposal from the Commission,
                                                                                                                          %
                                                                           Member States        197        197 7-
Whereas the Agreement between the European
                                                                 Bénélux
 Economic Community and Spain ( ') provides for the
 opening by the Community of an annual Community                 Denmark
tariff quota of 200 tonnes of dried figs, falling within         Germany                        96        100        96,7
 subheading ex 08.03 B of the Common Customs Tariff,
 originating in Spain and imported in immediate
                                                                 France                                                3,3
 packings of a net capacity of 15 kilograms or less;             Ireland
 whereas the duty to be applied under the quota has              Italy
 been fixed at 30% of the Common Customs Tariff
                                                                 United Kingdom
 duty; whereas these preferential tariff arrangements
 were laid down only for imports of these products into
 the Member States of the Community as originally
 constituted; whereas, under the Act of Accession,
 imports of thdse products into the three new Member             Whereas, in view of these factors and of the estimates
 States are subject to Common Customs Tariff duties              submitted by certain Member States as well as the
 with effect from 1 January 1978 ; whereas the import            practical need to ensure that the obligations contracted
 arrangements for these products should be uniform               under the Agreement concerned are allocated fairly
 throughout the Community; whereas this Community                among the Member States, initial quota shares may be
 tariff quota should be opened for the year 1980 ; •             fixed approximately -at the following percentages:
 Whereas it is in particular necessary to ensure for all                 Bénélux                                  * /»
 Community importers equal and uninterrupted access                      Denmark                                  8%
 to the abovementioned quota and uninterrupted                           Germany                                46 fa
 application of the rates laid down for that quota to all                France                                 23 fa
 imports of the products concerned into all Member
 States until the quota has been used up; whereas, having                Ireland                                  4%
 regard to the above principles, the Community nature                    Italy                                    4%
 of the quota can be respected by allocating the                         United Kingdom                         11%
 Community tariff quota among the Member States;
 whereas, in order to reflect as accurately as possible the
 true trend of the market in the products in question,
                                                                  Whereas, in order to take into account import trends
  such allocation should be in proportion to the
                                                                  for the products concerned in the various Member
  requirements of the Member States, calculated by                States, the quota amount should be .divided into two
  reference to the statistics for imports from Spain over a
                                                                  instalments, the first being shared among the Member
                                                                  States and the second constituting a reserve to cover at a
                                                                  later date the requirements of the Member States which
 («) OJ No L 182, 16. 8. 1970, p. 2.                              have used up their initial quota shares; whereas, in
 ---pagebreak---                                                                                          ANNEX A
order to give importers in each Member State a certain                              Article 2
degree of security, the first instalment of the
Community quota should under the circumstances be          1 . A first instalment, amounting to 130 tonnes of the
fixed at 65% of the quota volume;                          Community tariff quota referred to in Article 1 , shall be
                                                           shared among the Member States; the respective shares,
                                                           which subject to Article 5 shall be valid until
                                                           31 December 1980 shall be as follows:
Whereas the Member States' initial shares may be used
up at different times; whereas, in order to take this fact
into account and avoid any break in continuity, any
                                                                   Bénélux                                  5
Member State which has almost used up its initial quota
share should draw an additional share from the reserve;            Denmark                                 10
whereas this must be done by each Member State as and              Germany                                 60
when each of its additional shares is almost used up,              France                                  30
and repeated as many times as the reserve allows;                  Ireland                                  5
whereas the initial and additional shares must be valid
until the end of the quota period; whereas this method             Italy                                     5
of administration requires close cooperation between               United Kingdom                          15
the Member States and the Commission, and the latter
must be in a position to monitor the extent to which the
quota volume has been used up and to inform the
Member States thereof;                                     2. The second instalment amounting to 70 tonnes shall
                                                           constitute the reserve.
 Whereas if, at a given date in the quota period, a
 substantial quantity remains unused in any Member
 State, it is essential that that Member State should                                Article 3
 return a signification proportion to the reserve to
 prevent a part of any tariff quota from remaining          1 . If 90% or more of a Member State's initial share as
 unused in one Member State when it could be used in        specified in Article 2 ( 1 ), or 90% of that share minus
 others;                                                    the portion returned to the reserve where Article 5 has
                                                            been applied, has been used up, then, to the extent
                                                           permitted by the amount of the reserve, that Member
                                                           State shall forthwith, by notifying the Commission,
Whereas, since the Kingdom of Belgium, the Kingdom         draw a second share equal to 15% of- its initial share,
of the Netherlands and the Grand Duchy of                   rounded up where necessary to the next unit.
Luxembourg are united in and represented by the
Benelux Economic Union, any operation relating to the
 administration of the quota shares allocated to that
economic union may be carried out by any of its            2. If, after its initial share has been used up, 90% or
members,                                                    more of the second share drawn by a Member State has
                                                           been used up, then that Member State shall, in
                                                            accordance with theconditions laid down in paragraph 1 ,
                                                           draw a third share 'equal to 7-5% of its initial share,
                                                           rounded up where necessary to the next unit.
                                                           3 . If, after its second -share has been used up, 90% or
HAS ADOPTED THIS REGULATION:                               more of the third share drawn by a Member State has
                                                           been used up, that Member State shall, in accordance
                                                           with the conditions laid down in paragraph 1 , draw a
                                                           fourth share equal to the third.
                         Article 1
                                                           This process shall continue until the reserve is used up.
 From 1 January until 31 December 1980 the Common
 Customs Tariff duty in respect of dried figs, falling
 within subheading ex 08.03 B, originating in Spain and    4. By way of derogation from paragraphs 1 , 2 and 3 , a
 imported in immediate packings of a net capacity not      Member State may draw shares smaller than those fixed-
 exceeding 15 kilograms, shall be partially suspended at   in those paragraphs if there is reason to believe' that
 3% within the limits of a Community tariff quota of       they might not be used up. It shall inform the
 200 tonnes.                                               Commission of its reasons for applying this paragraph.
 ---pagebreak---                                                                  - 3 -
                                                                                                      ANNEX A
                         Article 4                                                       Article 7
                                      \
The additional shares drawn pursuant to Article 3 shall          1 . The Member States shall take all measures necessary
be valid until 31 December 19 80-                                to ensure that additional shares drawn pursuant to
                                                                 Article 3 are opened in such a way that imports may be
                                                                 charged without interruption against their accumulated
                                                                 shares of the tariff quota.
                         Article 5                               2. The Member States shall ensure that importers of
                                                                 the products in question established in their territory
The Member States shall return to the reserve, not later         have free access to the shares allocated to them.
than 1 October 1980 such unused portion of their
initial shares as, on 15 September 1980 is in excess of          3 . The Member States shall charge the imports of the
20% of the initial volume. They may return a larger              products concerned against their shares as and when the
quantity if there are grounds for believing that this            products are entered with customs authorities for home
quantity may not be used.                                        use.
The Member States shall notify the Commission, not               4. The extent to which a Member State has used up its
later than 1 October 1980 of the total quantities of the         share shall be determined on the basis of the imports
products in question imported up to 15 September 1980            charged in accordance with paragraph 3 .
and charged against the tariff quota and of any quantity
of the initial shares returned to the reserves.
                                                                                          Article 8
                                                                 At the Commission's request, the Member States shall
                         Article 6                               inform it of imports actually charged against their
                                                                 shares.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and
3 and, as soon as it is notified, shall inform each State
of the extent to which the reserve has been used up.                                      Article 9
It shall inform the Member States, not later than                The Member States and the Commission shall cooperate
5 October 1980 of the amount in the reserve after                closely to ensure that>this Regulation is complied with.
quantities have been returned thereto pursuant to
Article 5 .
It shall ensure that the drawing which exhausts any                                      Article 10
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the               This Regulation shall enter into force on 1 January
Member State making the last drawing.                             1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
         /     Done at Brussels,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                                                                                                  ANNEXE B
                                             Proposal for a
                                      COUNCIL REGULATION ( EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff and
                                               originating in Spain ( 1980 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        representative reference period and also to the economic
                                                                outlook for the quota period in question;
                                                                Whereas, during the last three years for which statistics
Having regard to the Treaty establishing the European           are available, the corresponding imports by each of the
Economic Community, and in particular Article 113               Member States represent the following percentages of
thereof,                                                        the imports into the Community from Spain of the
                                                                products concerned :
Having regard to the proposal from the Commission,
                                                                           Member States        [ 197 6 I 1977 I       197R
Whereas the Agreement between the European                       Bénélux                         11.4       9.9           4
Economic Community and Spain ( ' ) provides for
                                                                 Denmark                                    0.6
opening by the Community of an annual Community
tariff quota of 1700 tonnes of dried grapes falling              Germany                          7.2       3.2           7
within subheading 08.04 B I of the Common Customs                France                          38.3      38.4         52
Tariff, originating in Spain and imported in immediate           Ireland
packings of a net capacity of 15 kilograms or less;                                               0.3       4.6         32
whereas these preferential tariff arrangements were laid         Italy                            8.4      43.3           4
down only for imports of these products into the                 United Kingdom                  34.4                     1
Member States of the Community as originally
constituted ; whereas under the Act of Accession ,
imports of the products into the three new Member
States are subject to Common Customs Tariff duties              Whereas, in view of these factors and of the estimates
with effect from 1 January 1978 ; whereas the import            submitted by certain Member States, initial quota shares
arrangements for these products should be uniform               may      be    fixed     approximately  at  the    following
throughout        the      Community;      whereas     the      percentages :
abovementioned quota amount should therefore be
increased to 1 900 tonnes; whereas this Community                        Bénélux                                9-9%
tariff quota should be opened for 1980 .
                                                                         Denmark                                10%
                                                                         Germany                                3-6%
Whereas it is in particular necessary to ensure for ail                  France                               42-7%
Community importers equal and uninterrupted access                       Ireland                                0-6%
to the abovementioned quota and uninterrupted                                                                  8 0 %
                                                                         Italy
application of the rates laid down for that quota to all
                                                                         United Kingdom                       34-2%
imports of the products concerned into all Member
States until the quota has been used up ; whereas, having
regard to the above principles, the Community nature
of the quota can be respected by allocating the                 Whereas, in order to take into account import trends
Community tariff quota among the Member States ;                for the products concerned in the various Member
whereas, in order to reflect as accurately as possible the      States, the quota amount should be divided into two
true trend of the market in the products in question,           instalments, the first being shared among the Member
such allocation should be in proportion to the                  States and the second constituting a reserve to cover at a
requirements - of the Member States, calculated by              later date the requirements of the Member States which
reference to the statistics for imports from Spain over a       have used up their initial quota shares ; whereas, in
                                                                order to give importers in each Member State a certain
                                                                degree of security, the first instalment of the
                                                                Community quota might under the circumstances be
(») OJ No L 182, 16 . 8 . 1970, p. 2.                           fixed at 80% pf the quota volume;
 ---pagebreak---                                                                                                  ANNEX B
Whereas the Member States' initial shares may be used                                                    (tonnes)
up at different times; whereas, in order to take this fact         Bénélux                                150
into account and avoid any break in continuity, any                Denmark                                  15
Member State which has almost used up its initial quota            Germany                                  55
share should draw an additional share fom the reserve;             France                                 650
whereas this must be done by each Member State as and
                                                                   Ireland                                  10
when each of its additional shares is almost used up,
and repeated as many times as the reserve allows;                  Italy                              ■   120
whereas the initial and additional shares must be valid            United Kingdom                         520
until the end of the quota period; whereas this method
of administration requires close .cooperation between
the Member States and the Commission, and the latter
must be in a position to monitor the extent to which the   2. The second instalment amounting to 380 tonnes
                                                           shall constitute the reserve.
quota volume has been used up and to inform the
Member States thereof:
Whereas if, at a given date in the quota period, a                                   Article 3
substantial quantity remains unused in any Member
State, it is essential that that Member State should       1.   If 90% or more of a Member State's initial share as
return a significant proportion to the reserve to prevent  specified in Article 2 ( 1 ), or 90% of that share minus
a part of any tariff quota from remaining unused in one    the portion returned to the reserve where Article 5 has
Member State when it could be used in others ;             been applied, has been used up,' then, to the-      extn
                                                           permitted by the amount of the reserve, that Member
                                                           State shall forthwith, by notifying the Commission,
Whereas, since the Kingdom of Belgium, the Kingdom         draw a second share equal to 15% of its initial share,
of the Netherlands and the Grand Duchy of                  rounded up where necessary to the next unit.
Luxembourg are united in and represented by the
Benelux Economic Union, any operation relating to the
administration of the quota shares allocated to the        2. If, after its initial share has been used up, 90% or
economic union may be carried out by any of its            more of the second share drawn by a Member State has
members,                                                   been used up, then that Member State shall, in
                                                           accordant^ with the conditions laid down in paragraph
                                                           1 , draw a third share equal to 7-5% of its initial share,
                                                           rounded up where necessary to the next unit.
HAS ADOPTED THIS REGULATION:                               3 . If, after its second share has been used up, 90% or
                                                           more of the third share drawn by a Member State has
                                                           been used up, that Member State shall, in accordance
                                                           with the conditions laid down in paragraph 1 , draw a
                                                           fourth share equal to the third.
                         Article 1
 From 1 January until 31 December 1980 the Common          This process shall continue until the reserve is used up.
 Customs Tariff duty in respect of dried grapes falling
 within subheading ex 08.04 B I, originating in Spain
 and imported in immediate containers of a net capacity    4. By way of derogation from paragraphs 1, 2 and 3, a
 not exceeding 15 kilograms shall be entirely suspended    Member State may draw shares smaller than those fixed
 within the limits of a Community tariff quota of 1 900    in those paragraphs if there is reason to believe that
 tonnes .                                                   they might not be used up. It shall inform the
                                                           Commission of its reasons for applying this paragraph.
                         Article 2
 1 . A first instalment amounting to 1 520 tonnes of the
                                                                                     Article 4
 Community tariff quota referred to in Article 1 shall be
 shared among the Member States; the respective shares,
 which subject to Article 5 shall be valid until           The additional shares drawn pursuant to Article 3 shall
 31 December 1980 shall be as follows:                      be valid until 31 -December 1980 ,
 ---pagebreak---                                                        - 3 -
                                                                                              ANNEX B
                         Article S                                                        Article 7
The Member States shall return to the reserve, not later          1 . The Member States shall take all measures necessary
than 1 October 19 80 such unused portion of their                 to ensure that additional shares drawn pursuant to
initial share as, on 15 September 19 gQ is in excess of          Article 3 are opened in such a way that imports may be
20% of the initial volume. They may return a larger              charged without interruption against their accumulated
quantity if there are grounds for believing that this             shares of the tariff quota.
quantity may not be used.
                                                                  2. The Member States shall ensure that importers of
                                                                  the products in question established in their territory
The Member States shall notify the Commission, not                have free access to the shares allocated to them.
later than 1 October 1980 of the total quantities of the
products in question imported up to 15 September 1980             3 . The Member States shall charge the imports of the
and charged against the tariff quota and of any quantity          products concerned against their shares as and when the
of the initial shares returned to the reserves.                   products are entered with customs authorities for home
                                                                  use.
                                                                  4. The extent to which a Member State has used up its
                                                                  shares shall be determined on the basis of the imports
                          Article 6                               charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares                                         Article 8
opened by the Member States pursuant to Articles 2 and
3 and, as soon as it is notified, shall inform each State         At the Commission's request, the Member States shajl
of the extent to which the reserve has been used up.              inform it of imports actually charged against their
                              /                                   shares.
It shall inform the Member States, not later than 5
October 1980 of the amount in the reserve after                                            Article 9
quantities have been returned thereto pursuant to
Article 5 .                                                       The Member States and the Commission shall cooperate
                                                                  closely to ensure that this Regulation is complied with.
 It shall ensure that the drawing which exhausts the                                      Article 10
 reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the                This Regulation shall enter into force on 1 January
Member State making the last drawing. -                            1980 .
               This Regulation shall be binding in its entirety afid directly applicable in all Member States.
               Done at Brussels,
                                                                                          For the Council
                                                                                           The President