CELEX: 51980PC0606
Language: en
Date: 1980-10-23
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR APRICOT PULP, FALLING WITHIN SUBHEADING EX 20.06 B II c) 1 aa) OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN ISRAEL (1981) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 606
Vol. 1980/0192
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(80 ) 606 final
              i !                                                   1 ,
                                                            Brussels . 23rd October 1980
              I •                               ,    • •            i
              ' '                                                                ,*
                                                           I     SI
                                                               .1     I
                    PROPOSAL FOR A COUNCIL REGULATION ( EEC )
          OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION
           OF A COMMUNITY TARIFF QUOTA FOR APRICOT PULP, FALLING
               WITHIN SUBHEADING EX 20.06 B II c ) 1 aa ) OF THE
           COMMON CUSTOMS TARIFF AND ORIGINATING IN ISRAEL (1981 )
                  (presented by the Commission to the Council )
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 COM ( 80 ) 606 final
 ---pagebreak---              ,         – – '                                 1KPLANATOV MERORANMJH . * 'v'                                                              -y               ■ ■;        ;
             !"• ■;                                          r™~                                 : : . 1                              ...
            \< ·''·'·                 ' , '·       :   ' ' '         ' ■'                                                ·. ' . ■        ·               '          ... ··                     ■ ·.    '       :
             , .V# .• Thf Agreement between the European Economic Community and the Stat *
              ; v'ii / of Israel provides In Article 10 Of Protocol . N?;-1.' annexed thereto i
                1 : v>                         '                    :                               . . ' i- '                                             • .. /. «                      '              ■ . i •
               ^<U: for the opening of an annual Community tariff quota for the 1mpbr- - .
                ; :ki . tatlon into the Community 'of • 130' Petri c tons of. apricot pulp / oHgi 4"
               , >>?* nating in IsraSl , falling within subheading ex 2Q« 66 BH c ) lea )                                                                                                                        .
               '.'V-^^of 'the Common Customs' Tariff'*'.' :                                                                                      ■■■.• ... i '                                                   '.
                    « v»»>  .                    -                     *    -               .                  v                                                  •
                        '• The customs duties applicable within the limits of this quota are
                                                        ,.       -/..ν                                                                 .                       ■             .                      .             ·
               - .- v*,' equal to 70% of the duties / actually/applied to non~member countries .
                 • ■ :: "              .                   ;                • • -•         ; .. .                 • •        • .         •
          ' i.. -, «V                                      ,        \ ■■ ' •                                                                                     . ■ /                 »
                                                                                                                                                                                                                    l i«
                               Accordingly the tariff quota in question h^s to be opened for 1981,& •,
                        V» Λ     .     '·    ·   Α   Λ   >   ' Χ.             «     ·-!»'             '       » - έ>          '1 ·           ·    *      V '               .    ' '       ' .»«■     « I >» V ,
                    2» . The proposal for a ftegulation ! opening this tariff 'quota provides ; ;                                                                                                            \
                    ^?£as if . customary;, for -thc/divi'sion. of the. quota volume into two .*•'
                               instalments, the- 'first being ■ al -leejaied among th£ Nembsr States 'as .
                    *:.^'quot$ shares, the second 'belrigv'lield as                                                                  reserve •
                                                               »                                  ' ' ι ; . <! ' ί '   ' '        '>-.·· ■                  *-
                           . It does not seem possible# in this case * to base the allocation of
                   VJ;,' th#' "first tranche ort the rules generally applied, that is , to relate
                               the total imports 'by* each Member* State 'during .the' past three' years to' .-.
                     - V'-, th?( Community imports over the same period and to apply for each Kemfrir'
                   i ^ St?ite the resulting percentages to the volume of the first tranche . '
                               As'over' the course' , of the . last 'teiv years 'the;, Hember.' States . have ' ■• .V-
                               imported the goods or»ly occasional Ij' if at all; aW allocation se^le
                  ..^•y ^ base^ on - estimates' put .-forward :|>y. 'sows Meteber' -'State's . and on '-the need *                                                                                                   j
                  • T..f: to' allocate , the quota volume fairly amoha'.the^ewber -'States appears
                               sui table .                       y-
                    3;.. lt"1s 'proposed that; .the., proposal                                                                   SouriciC' Regulat ltoh','dpe'ningt-
                              th©..;^»un^ty:                           ipota-. d^scr^d.-ln parajiif^h'i/l                                                                                b® apprcw<f»'
          ■'                  .":-v .                                 r-11 : :V?r :           V r.-               ^ V.         ^                                               ^                 ^   i
                    . λ, ;
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                                    /    ■                                              •                   j                      i
 ---pagebreak--- The tariff Quotas concerned migut be modified 1n the context of the
present negotiation ;- with the contracting country in view of the
conclusion of an Adaptation Protocol to the abovementioned Agreement .
Awaiting the results , the proposed Regulations permit the respect of
the engagements contracted by the Community .
The Commission reserves the possibility of modifying the proposal
during the procedure ^, if necessary , to adapt 1t te the Adaptation
Protocol .
 ---pagebreak---                                                                                                                                    ANNEX
                                                                             ^ r-§pfe§it pt s
                                                              COUNCIL REGULATION (EEC)
                                  opening, allocating and providing for the administration of a Community tariff q?io<a for
                                  apricot pulp, falling within subheading ex 20,06 B 0 c) 1 aa) of the Common Customs Tariff
                                                                     • and originating In Israel (i98l/)                                .
                                                                                                         Member States    ..   s
                                                                                                                                    1977    1978    1979
                     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                              Benelux                                  27     13
                                                                                              Denmark       ?
                                                                                                                         • S   *
                    Having regard to the Treaty establishing the European                     Germany          ,         . i           17     77
                    Economic Community, and in particular Article IB "                       ' .          '   • < ■ 7
                    thereof,    -                                                              Greece
                                                                                              France
                                                                                              Ireland                                                 10
                    Having regard to the proposal from the Commission,                        Italy
                                                                                              united Kingdom                           56     10     90
                    Whereas the i Agreement between the European
                    Economic Community and the State of Israel (*) signed
th <M Hatj sfgjts                      A                 eft Protocol 1 annexed             ^Whereas these data, cannot be considered as
                ~ tnereto, for the opening by the Community of an annual                    representative to serve as a basis for allocation of the
          ^      ; Community tariff quota of 150 tonnes of apricot pulp                     Iquota volume among the Member States; whereas it is
                 | falling within subheading ex 20.06 B II c) 1 aa) of the                  difficult to estimate imports by Member States for 1981
                    Common Customs Tariff, originating in Israel; whereas
                ; the customs duties applicable to the quota are equal to                   because of the absence of any pattern in previous years;
                    70 % of the customs duties actually applied to                          whereas to allocate the quota volume on a fair basis, the
                • non-member countries; whereas the Community tair.ff                       approximate percentages of initial quota shares may be
                                                                                            fixed as follows:                .   '   ,    .
                 - quota in question should therefore be opened for 1981 •
                                                                                                   Benelux                                        12
                                                                                                   Denmark                                         5
                " Whereas it is in particular necessary to ensure lor all                        1 Germany                                       25
                   Community importers equal and uninterrupted access                            'Greece               '                           2
                   to the abovementioned quota and uninterntpted
                   application of the rates laid down for that quota to all                        France                                          7"
                   imports of the products concerned into ali Member                               Ireland                                         6
               ■ States until the quota has been used up; whereas, having                          ItaJv                                           6
                   regard to the above principles, the Community nature                            United Kingdom                                38
               > of the quota i can be respected by allocating the
                   Community tariff qucta 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 Israel over a             instalments, the first being shared among the Member
                   representative reference period and also to the economic               States and the Second constituting a reserve to cover at a
                   outlook for the quota period in question;                              later date the requirements of the Member States which,
                                                                                          have used up their initial quota shares; whereas, in
                                                                                        • order to give importers in each Member St* re a certain
                                                                                          degree of security, the first instalment of the
                  Whereas, during the last three years for which statistics               Community quota should under the circumstances be
                  are available, the corresponding imports by eadi of the                 fixed at 80 % of the quota volume;
                  Member States represent the following percentages of
                  total  imports of the product in question, originating in
                  Israel :                                                                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
                 ( ') Oj No L 136 , 7 e. 5. 1975, p. 3 .                                  Member Start which has almost used up its initial quota
                                                                                          share, :.hou!d draw an additional share from the
                                                                                                       whereas this must be da?>.e by each Member
 ---pagebreak---                                                                                                                   ANrtÊX
  State as and when each of its additions ' shares is almost
  used up, and repeated as many times as the reserve                                              Article 3
  allows ; whereas the initial and additional share must be
  valid until the end of the quota period ; whereas this           1,     If 90 % or more of a Member State 's initial share as
  method of administration requires close cooperation             specified in Article 2 ( 1 ), or 90 % of that share minus
  between the Member States and the Commission, and               the' portion returned to the reserve where Article 5 h^s
  the latter must be in a position to monitor the extent to       been applied, has been used up, then, to the extent
  which the quota volume has been usee. up and to inform          permitted by the amount of the reserve, that Member
  the Member States thereof;                                      State shall forthwith, by notifying the Commission,
                                                                  draw a second share equal to 15 % of its initial share,
  Whereas if, at a given date in the quota period, a              rounded up where necessary to the next unit.
  substantial quantity remains unused in any Member
  State, . it is essential that that Member State should
  return a significant proportion to the reserve to prevent        2 , If, after one of its initial shares has been used up,
  a part of any tariff quota from remaining unused in one           90 % or more of the second share drawn by a Member
  Member State when it could be used in others ;                   State has been used up, then, to the extent permitted by
                                                                    the amount of the reserve, that Member State shall , in
  Whereas, since the Kingdom of Belgium, the Kingdom                accordance with the conditions laid down in paragraph
  of the Netherlands and the Grand Duchy of                         1 , draw a third share equal to 7-5 % of its initial share,
  Luxembourg are united in and represented by the                   rounded up where necessary to the next unit.
  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                   3 . If, after one of its second shares has been used up,
  members,                                                          90 % , or more of the third . share drawn by a Member
                                                                    Stat£ 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.
  HAS ADOPTED THIS REGULATION :
                                 Article 1                         This process shall continue until the reserve is used up.
  1 . From 1 January to 31 December 1981 , a                                            ,
  Community tariff quota of 150 tonnes shall be opened             4. By wa^     way °of derogation
                                                                                          derogation from
                                                                                                      from paragraphs
                                                                                                              paragraphs 1,1 , 22 and
                                                                                                                                  and 3,
                                                                                                                                       3, aa
  in the Community for apricot pulp, falling within                 Member
                                                                    Member State  State may
                                                                                          may draw
                                                                                               draw shares
                                                                                                     shares smaller
                                                                                                              smaller than
                                                                                                                       than those
                                                                                                                              those fixed
                                                                                                                                     fixed
  subheading ex 20.06 B II c) 1 aa) of the Common                  in those
                                                                   ,n     those paragraphs
                                                                                   paragraphs if if there
                                                                                                    there isis reason
                                                                                                               reason toto beheve
                                                                                                                            believe that
                                                                                                                                      that
, Customs Tariff, originating in Israel.                            they might
                                                                    ^          might "ot not be
                                                                                              be uscd
                                                                                                   used UP-
                                                                                                          up. lt It sha11
                                                                                                                     shall >nform
                                                                                                                            inform the  the
                                                                   Comrtiission of its reasons for applying this paragraph.
  2. Within the limits of this tariff quota the Common
  Customs Tariff duty applicable to these products shall
  be suspended at a rate of 11-9 % .                                         i
  Within the ; limits of this tariff quota ,;                                  -                   Article 4
  Greece shall apply duties calculated                                                '                                            ,
  in accordance with the relevant pro -                            Each of the additional shares drawn pursuant ^o Article
 visions in the Act of Accession                                „ 3 shall be valid until 31 December 1981 .
>
                                 Article 2
   14 A first instalment of 120 tonnes of the Community                 i                          Article 5
   tariff quota referred to in Article 1 shall be allocated
   among the Member States; the respective shares which,            The Member States shall return to the reserve, not later
   subject to Article, 5, shall be valid until 31 December          than 1 October 1981 . such unused portions of their
   198] shall be as follows :
                                                                    initial share as, on 15 September 1981 , is in excess of
                                                                    20 °/o of the initial volume. They may return a larger
                                                    tonnes
                                                                    quantity if there are grounds for believing that this
        Bénélux                                       14            quantity may not be used.
        Denm.irk                                        6
        Germany                                    ' 30             The Member States shall notify the Commission, not
        Greece                                          2        ' later th an 1 October               , ol the. total quantities c-f the
        4* 1*2 n ce                                v '8             products in question imported up to 15 Septen.ber 3981
        Ireland                                        6
                                                                    and chasgcd against the tariff quota tirid of any qns..otky
                                                                    of the              shares retwrrwd to the reserve.
        Ii aly           '    *                        6
        United Kingdom                                48
       A            in -:::;!- 'Kit ci' 10       ' corìt;i-'uìt
       r^erve .
 ---pagebreak---                                                                   - 3 -                                           ANNEX-
                                  Article 6                        '     t j. The Member States shall charge the imports of the
                                   '                                    ' products concerned against their shares as and when the
  ' The Commission shall keep an account of the shares                         products, are entered with customs audionci.es for free
       opened by the Member States pursuant to Articles 2 and                  calculation,
 i 3 and, as soon as it is notified, shall inform each State
 ■ of the extent to Which the reserve has been used up.                        4. The extent to which a Member State has used up its
                                                                   ,           share shall be determined on the basis of the imports
       It shall inform the Member States, not later than 5                     charged in accordance with paragraph 3.
       October 1981, of the amount in the reserve after                                                        .
       quantities have been returned thereto pursuant to ■                ■              '                  1    ■ _
 . Article 5 .                                                                         .» •                        ' . "
  V               '             ■                     -                          -l                         Article 8
       It shall ensure that the drawing which uses up the                   •
r reserve does not exceed the balance available and, to                        ^ t^ie Commission's request, the Member States shall
I this end, notify the amount of that, balance to the ^                        inform it of imports actually charged against their'
i. Member State making the last drawing.                                       shares.
 i *                           ,  Article 7                                                                 Article 9
  '! 1. The Member States shall take all measures necessary , . ' The: Member States and die Commission shall coopers
       to ensure that additional shares drawn pursuant to :                             t0 ensure that this Regulation is complied with.
      Article 3 are opened in such a way that imports may be                        ,                     .                         .
       charged withoutj interruption against their accumulated                  ^
      shares of the tariff quota.                                     •             1
                       - , j'                                                                            Article 10
       2. .The Member States shall ensure that importers of
   , the products in question . established in their territory               ' mis Regulation shall enter into force on 1 January
       have free access to the shares allocated to them.                       198'..                   -                        ''
                           ' I                                 '.·                                                       . · .
    f- '     .      ..-This Regulation shall be binding in its entirety and directly applicable in all Member States.                 '
                .      Done at Bntssels,                                ' "i -i -y ■ '             .                     »-    ,        ■ ;
    t ,    4                                ' •                                              .      For the Council
   1       \                                    • ' - > . ■. '                                       Thè Presiderà          ~\
                            I