CELEX: 51980PC0609
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 certain dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff and originating in Cyprus (1981) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 609
Vol. 1980/0192
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM ( 80) 609 final
                                                       ■
                                   A\       - -   Brussels , 23 October 1980
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                               Proposal for a
                          COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
tariff quota for certain dried grapes , falling within subheading 08.04
B I of the Common Customs Tariff and originating in Cyprus ( 1981 )
              ( submitted to the Council by the Commission )
C0M(80 ) 609 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1 . Article 4 of the Supplementary Protocol to the Agreement EEC / Cyprus of
     1973 , completed by the Protocol of Adaptation to take account of the
     accession of Greece to the Community , provides for the opening of an
     annual . duty-free Community tariff quota of 500 tonnes of dried grapes ,
     in immediate containers of a net capacity of 15 Kg or less , falling
     within subheading OS . 04 B I of the CCT and originating in Cyprus .
     The provisions of the ' Transitional   Protocol ( EEC ) Cyprus will lapse on
     31 December 1980 . Pending the entry into force of a new protocol it is
     necessary to extend the arrangements that the Community applies to
     trade with the Republic of Cyprus within the context of the Association
     with that country ;
2 . The Regulation provides for the splitting up of the quota volume into
      two parts , of which the first will be allocated among the Member States
     as quota share and the second will be kept as a Community reserve .       _
      The allocation of the first part of the quota has been undertaken according
      to the rules generally applied hitherto . The total imports of each Member
      State for 1977 to 1979 have been expressed as a proportion of total Com­
     munity . imports over the same period . The resulting percentages have been
      applied State by State to the volume of the first part , the last digit
     of the number of metric tons being rounded off .
       In the absence of Community statistics , for a period sufficient .
    * tly representative , the initial quota shares have been cal­
      culated on the basis of the possible demand on the markets of
      the various Member States and on the basis of forecasts made by
      some of them .                 '     r
3 . As the method of administration to be applied by all Member Sta­
     tes, the Commission proposes the "greyhound" system .         , ; - I
4 . This is the subject of the proposal annexed hereto . .               'i
 ---pagebreak---                                                  Proposal for a
                                          COUNCIL REGULATION (EEC) '
               opening, allocating and providing for the administration of a Community tariff quota for
               certain dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff
                                                   and originating in Cyprus ( 1981 )
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 provisions of the Supplementary Protocol to the
Agreement establishing an Association between the European
Economic Community and the Republic of Cyprus ( 1 ) will lapse
on 31 December 1980 ;
Whereas pending the entry into force of a new protocol it is
necessary to extend the arrangements that the Community applies
to trade with the Republic of Cyprus within the context of
association with that country ;
Whereas the abovementioned Supplementary Protocol , as supplemented
by the Protocol of Adaptation ( 2 ) to take account of the accession
of the Hellenic Republic to the Community , provides for the opening
of an annual
 duty-free Community tariff quota of 500 tonnes of
 certain dried grapes, falling within subheading
 08.04 B I    of   the    Common         Customs  Tariff and
 originating in Cyprus;
  Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted
  application of the rates 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
   true 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 Cyprus over
   a representative reference period and also to the
   economic outlook for the quota period in question;
  ( ') OJ No L 172, 28 . 6. 1978 , p. 2.
  ( 2 ) 0J NO L
 ---pagebreak---                         - 2 -
Whereas, during the last three years for which statistics
are available, the corresponding imports by each of the
Member States represent the following percentages of
the imports into the Community fromCypruS>f the
products concerned:     _    • .
           μ–                    1977         1978        1979
 Bcnclux                           ~             1          2
  Denmark
 Germany        ^                 ~             ~
  Greece                          -
  France                          ~             –
  Ireland
  Italy                           –             –            ~
  United Kingdom               100              99           98
   Whereas, in view of these factors, of market forecasts
   for the products in question and in particular of the
   estimates submitted by certain Member States, initial
   quota shares may be fixed approximately at the
   following percentages:
        Bénélux                            2*8
        Denmark    -                       2.8
        Germany                            6.0
        Greece                             0.7
        France                             2.8
        Ireland                            2.8
        Italy                        '<    °- 7
      , United Kingdon^                  G1 .4
Whereas, in order to take into account import trends
 for the products concerned in the various Member
States, the quota amount, should be divided into two
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 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 should under the circumstances be
fixed at 75 % of the quota volume;
 ---pagebreak---                          - 3 -
  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
  share should draw an additional share from the
  corresponding reserve; whereas this must be done by
  each Member State as and when each of its additional
  shares 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 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;
  Whereas if, at a given date in the quota period, a
  substantial quantity remains unused in any Member
  State, it i$ essential that that Member State should
  return a significant proportion to the reserve to prevent
- a part of any tariff quota from remaining unused in one
  Member 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 in and represented by the
   Benelux Economic Union, any operation relating to the
   administration of the quota shares allocated to that
   econorrtic union may be carried out by any of its
   members,
   HAS ADOPTED THIS REGULATION:
                           Article 1
            January                        .
   From 1           to 31 December 198 I, the Common
   Customs Tariff duty for dried grapes , in immediate containers
    of a net capacity of 15 kg or less , falling within sub­
    heading 08.04 B I of the Common Customs Tariff and ori­
    ginating in Cyprus , shall be totally suspended within
    the limits »of a Community tariff quota of 500 tonnes .
    Within the limits of this tariff quota , Greece shall
   apply duties calculated in accordance with the relevant
   provisions in the Act of Accession and the Protocol of
   Adaptation .
 ---pagebreak---                           - 4 -
                        Article 2                  ^
 1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments.
2. A first instalment amounting to          tonnes shall be
allocated among the Member States; the respective
shares, which subject to Article 5 shall be valid until
31 December 1981, shall be as follows:                    ,
        Bénélux                        10
                                       i u       tonnes
      ' Denmark                       110 0      tonnes
        Germany                 ,      22
                                       22        tonnes
       Greece                 . '        33      tonnes
        France                         10
                                       1u        tonnes
   Ireland                             10      - tonnes
        Italy . -                         3      tonnes
     United Kingdom               -" 307          tonnes
3 . The second instalment of
                               125 tonnes
                                    .        , „
                                            shall constitute
the reserve,
 ---pagebreak---                            - 5 -
                          Article 3
 1.   If 90 % or more of a Member Stare's initial share as
 specified' in Article 2 (2), or 90 % 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 up 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,
rounded up where necessary to the next unit.
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 fixed
in those paragraphs if there is reason to believe that
they might not be used up. It shall inform the
Commission of its reasons for applying this paragraph.
                          Article 4
The additional shares drawn pursuant to Article 3 shall
be valid until 31 December 1981 .
                          Article S
The Member States shall return to the reserve, not later
than 1 October 19S1-, such unused portion of their
initial share as, on 15 September 1981 , 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 1981 , of the total quantities of the
products in question imported up to 15 September 1981
and charged against the tariff quota and of any quantity
of the initial shares returned to the reserve.
 ---pagebreak---                         Article 6                                3 . The Member States shall charge the imports of the
                                                                 products concerned against their shares a£ and when the
The Commission shall keep an account of the shares               products are entered with customs authorities for free
opened by the Member States pursuant to Articles 2 and           circulation. -
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
                                                                 shares shall be determined on the basis of the imports
It shall inform the Member States, not later than                charged in accordance with paragraph 3 .
5 October 198-1 , Qf the amount in the reserve after
quantities have been returned thereto pursuant to
Article S. ,      _ ' ■
                                                                                         Article 8
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and, to            At the Commission's request, the Member States shall
this end, notify the amount of that balance to the               inform it of imports of the products concerned actually
Member State making the last drawing.                            charged against their shares.
                 '      Article 7
                                                                                         Article 9
1 . The Member States shall take all measures necessary
to ensure that additional shares drawn pursuant to               The Member States and the Commission shall cooperate
Article 3 are opened in such a way that imports may be           closely to ensure that this Regulation is complied with.
charged without interruption against their accumulated
shares of the tariff quota.                 '
2. The Member States shall ensure that importers of                                      Article 10
the products in question, established in their territory
have free access to the shares allocated to them.               This Regulation shall enter into force on 1 January + 98 .
              This Regulation snail be binding in its entirety and directly applicable jn all Member States.
              Done at Brussels,
                                                                                    For the Council
                                                                                     The President