CELEX: 51987PC0484
Language: en
Date: 1987-10-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within code No. 2008.50-91 of the Combined Nomenclature originating in Israel (1988) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 484
Vol. 1987/0243
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(87 ) 484 final
                                              Brussels , 22 October 1987
                          - Proposal for a
                       COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a
     Community tariff quota for apricot pulp falling within
         code No . 2008.50-91 of the Combined Nomenclature
                        originating in Israel
                                 ( 1988 )
                    (presented by the Commission )
 ---pagebreak---                                                              &vw 4 $4
                                 NOTE
                                         A
This proposal already takes account of the conclusion and implementation
not late than 1 January 1988 of a Fourth Additional Protocol to the
Agreement between the European Economic Community and the State of Israel
consequent on the accession of Spain and Portugal .
If this deadline for implementation should not be met , the proposal would
have to be amended to make the Regulation applicable only to the
Community as constitued on 31 December 1985 .
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. The Agreement between the European Economica Community and the State
   of Israel , as supplemented by the Fourth Additional Protocol to that
   Agreement , provides in Article 10 of Protocol 1 for the opening of
   an annual Community tariff quota for the importation into the
   Community of 150 tonnes of apricot pulp , priginating in Israel ,
   falling within code No 2008.50-91 of the Combined Nomenclature
   which enters into force on 1 January 1988 . The customs duties
   applicable within the limits of this quota are equal to 62.5% of the
   duties actually applied to non-member countries .
   Within the tariff quota , the customs duty is to be abolished
   progressively over the same periods and in accordance with the same
   timetables as those laid down in Articles 75 and 243 of the Act of
   Accession . Within the limits of this tariff quota , Spain and Portugal
   are to apply the customs duties calculated according to the Protocol
   to the EEC-Israel Agreement consequent on the accession of Spain and
   Portugal . This tariff quota should therefore be opened for 1988 .
2. The Commission is aware that the transposition of certain tariff
   concessions from the Common Customs Tariff to the Combined Nomenclature
   might raise problems which would need to be settled between the
   interested parties .
   It therefore reserves the option to amend its proposal in the course of
   the procedure to adapt it , where appropiate , to requirements .
3. The proposal for a Regulation opening this tariff quota provides , as is
   customary , for the division of the quota volume into two parts , the
   first being allocated among the Member States as quota shares , the
   second being held as a reserve .
 ---pagebreak---    As regards the distribution of the first part of the quota , account
   has been taken of the fact that there has been either no imports or
   only occasional imports into certain Member States in recent years .
   Initial shares have therefore been allocated only to the importing
   Member States , with the other Member States being guaranteed access
   to the tariff quotas once imports by them of the products concerned
   have been notified .
4. As regards the method of administration to be applied by all the
   Member States, the Commission proposes the "Greyhound system".
5. The aim of the attached proposal is to give effect to the foregoing .
 ---pagebreak---                                    Proposai for
                    COUNCIL REGULATION ( EEC ) No        / 87
                          of
       opening , allocating and providing for the administration of a
          Community tariff quota for apricot pulp falling within
              code No 2008.50-91 of the Combined Nomenclature
                          originating in Israel ( 1988 )
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 the Agreement between the Europen Economic Community and the
                  1
State of Israel ,    supplemented by the Fourth Additional Protocol to that
Agreement , ^ provides for the opening by the Community of a Community
tariff quota of 150 tonnes of apricot pulp falling within code No
2008.50-91 of the Combined Nomenclature ; whereas within the limits of
this tariff quota customs duty is to be abolished progressively over the
 same periods and in accordance with the same timetables as those laid
down in Articles 75 and 243 of the Act of Accession ; whereas for 1988 the
customs duty applicable to the quota is equal to 62.5% of the customs duty
actually applied to non-member countries ; whereas , within the limits of
this quota , Spain and Portugal shall apply customs duties calculated
according to the Protocol to the EEC-Israel Agreement consequent on the
accession of Spain and Portugal ; whereas the Community tariff quota in
question should therefore be opened for 1988 ;
Whereas the Community has adopted by Regulation ( EEC ) No          / 87 ( 3 )
with effect from 1 January 1988 , a Combined Nomenclature for goods which
meets the requirements of both the Common Customs Tariff and the
Nomenclature of Goods for External Trade Statistics of the Community *
 ---pagebreak---                                    - 2 -
Whereas , with effect from the above-mentioned date, the Combined Nomenclature
should be used for the description of the products covered by this
Regulation ;
1 0J No L 136, 28.5.1975, p . 1 .
20J No L
30J No L
 ---pagebreak---                   Whereas it is in particular necessary to ensure for all
                  Community importers equal and uninterrupted access to
            the above-mentioned quota and uninterrupted application
                 of the rate laid down for that quota to all 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 Community tariff quota among
                 the Member States ; whereas , in order to reflect as
                 accurately as possible the real trend of the market in the
                 products in question , such allocation should be in
                 proportion to the requirements of the Member States ,
                 calculated by reference to the statistics for imports from
                 Tunisia over a representative reference period and also to
                the economic outlook for the quota period in question;
                 Whereas, during the last three years for which statistics are
                 available, imports into each of the Member States were as
                 follows:
                                                                 (tonnes )
                           Member State            198V      198«J·     198 ^
                 Benelux                             1        55        64
                 Denmark                            _
                 Germany                            _
                                                               _         _
                Greece                              _
                 Spain                              -          –          –
                France                              _
                                                                        33
                Ireland                                        *
                Italy                               -          –         _
                Portugal                            -          –
                United Kingdom                      “          –         -
                Whereas in the last three years the products in question
                were only imported regularly by certain Member States and
                not at all or only occasionally by the other Member States ;
                whereas , in these circumstances , in the first phase
                initial shares should be allocated to the genuine importing
                Member States and the other Member States should be
                guaranteed access to the                  tariff quotas when
inports into those States are notified;                       whereas these
                arrangements for allocation will also ensure the uniform
                application of the Combined Nomenclature .
                Whereas , in order to take into account import trends for
                the products concerned in the various Member States ,
                quotas should be divided into two parts             , the first
                being shared among certain Member States and the second
                constituting a reserve to cover the subsequent requirements
                of these Member States where they have used up their
                initial shares and any additional requirements which might
                arise in the other Member States ; whereas , in order to give
                importers in each Member State a certain degree of
                security, the first part         of the Community quota
                should ,         in     circumstances, be fixed at 67 %
                of the quota volume;
 ---pagebreak---                                                  -     Ί'
                       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 Member
                       State which has almost used up its initial quota shares
                       should draw an additional share from the
                       reserve; whereas this should be done by each "etrber State
                       as and when            its additional share, is almost used up,
                       and repeated as many times as the reserve allows; whereas
                       the initial and additional shares must be valid until the end
                       of the quota period ; whereas this method of administration
                       requires close cooperation between the Member States and
                       the Commission and the Utter must be in a position to
                       monitor the extent to which the quota voLne has been
                       used up and to inform Member States thereof;
          Whereas if, at c given dote in the quote period, a subctantirl quantity
          of the initial quota share remains inused in any Menber State, it is
           issential that that Menber State should return a significant proportion
           to the reserve to prevent a part of the Community tariff quota from
           remaining unused in one Menber State when it could be used in others;
                        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 relating to the
                        administration of the quota shares allocated to that
                        economic union may be carried out by any of its
                        members,
                         HAS ADOPTED THIS REGULATION :
                                                    Article 1
                         From 1 January to 31 December 198J? the customs
                         duty applicable in the Community 't o
                                                     the following products shall be
                         suspended at fl** level and within the limits of a
                         Community tariff quota as shown herewith :
          Combined                                                                     Amount of    Tariff quota
Order No                                               Description                     tariff quota     duty
          Nomenc lature                                                                  ( tonnes )     (% )
09.1.5m  2U0G . 50-91         Apricot pulp originating in Israel                         150             10.6
  Within the limits of this tariff quota , Spain and Portugal shall apply
  duties calculated according to the relevant provisions of the Protocol
  to the Cooperation Agreement between the European Economic Community
  and the State of Israel consequent on the accession of Spain and Portugal .
 ---pagebreak---                           -ί '
                             Article 2
1.     An initial                           1Ü0     tonnes of the
Community tariff quota referred to in Article 1 shall be
 ~                  the Member States ; the respective shares       / allocated among certain
which , subject to Article 5 ,           shall    be valid until
31 December 1 98        shall be as follows :
                                                        (tonnes)
         Benelux                                           73
        France                                             22
 2 . The                remaining                50    tonnes shall
 constitute the reserve .
3 . If an importer notifies the imminent import of the
 products in question into the other Member States and
  applies to use the quota ^                   ;he Member State
 concerned shall inform the 'Commission and draw an
 amount corresponding to the requirements to the extent
 that the available balance of the reserve so permits.
                              Article 3
  1 . If 90 % or more of a Member State’s initial share as
  specified in Article 2(1 ),             of that share minus 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 , draw a second
  share equal to 15 % of its initial share , rounded ip where
  necessary to the next unit .
  2 . If, after its initial share has been used up , 90 % or
  more of the second share drawn by a Member State has
  been used up , then to the extent permitted by the amount
  of the reserve that Member State shall , in accordance with
  the conditions laid down in paragraph 1 , draw a third
  share equal to 7,5 % of its initial share .
  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 .
  This process shall continue until the reserve is used up .
  4 . By way of derogation from paragraphs 1 , 2 and 3 , a
  Member State may draw shares smaller than those specified in
  those paragraphs if there are grounds for believing that
  they might not be used up . It shall inform the Commission
  of its reasons for applying this paragraph .
 ---pagebreak---                            Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198
                           Article 5
The Member States shall return to the reserve , not later
than 1 October 1 98$^ such unused portion of their initial
share as, on 15 September 1980, is in excess of 20 % of the
initial volume . They may return a larger quantity if there
are grounds for believing that this quantity may not be
used .
The Member States shall notify the Commission , not later
than 1 October 198$, of the total quantities of the products
in question imported up to 15 September 1 980and charged
against the tariff quota and of any             of the initial
share
                          Article 6
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 Member
State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October
1980, of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
notify the amount of the balance to the Member State
making the last drawing .
                          Article 7
1 . The Member States shall take all measures necessary 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 .
 ---pagebreak---                2 . The Member States shall ensure that importers of the
               products in question have free access to the shares allocated
               to them .
               3 . The Member States shall charge the imports of the
               products concerned against their shares as and when the
               products are entered with customs authorities for free
               circulation .
               4 . The extent to which a Member State has used up its
               share shall be determined on the basis of the imports
               charged in accordance with paragraph 3 .
                                         Article 8
               At the Commission’s request the Member States shall
               inform it of imports actually charged against their shares .
                                         Article 9
               The Member States and the Commission shall cooperate
               closely to ensure that this Regulation is complied with .
                                        Article 10
               This Regulation shall enter into force on 1 January 1988 ,
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                       For the Council
                                                                        The President