CELEX: 51978PC0037
Language: en
Date: 1978-02-08
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, originating in Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 37
Vol. 1978/0014
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(78)37 final
                                                 Brussels , 8 February 1978
                                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 Comnon
             Customs Tariff , originating in Turkey
             ( submitted to the Council by the Commission )
C0M ( 78 ) 37 final
 ---pagebreak---                         Explanatory memorandum
 1.     Article 13 of Council Regulation ( EEC ) No 1180 / 77 of 17 May 1977
on imports into the Community of certain agricultural products origina-
                1
ting in Turkey provides for the opening , with effect from 1 July 1977 ,
of an annual Community tariff quota of 90 tonnes , for apricot pulp
 falling within subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
Tariff , originating in Turkey , at a duty corresponding to 70% of the
customs duties actually applied in respect of non-member countries .
        Such a quota was opened for the period from 1 July 1977 to 30 June
1978 by Regulation ( EEC ) No 1181 / 77 of 17 May 19772 .
                                       /
2.      The aim of this proposal is to open the quota concerned for the
period from 1 July 1978 to 30 June 1979 .
3.      In accordance with the principles normally followed , the allocation
of the quota volume among the Member States should be based on previous
and foreseeable imports by the Member States , specifically those origina­
ting in or coming from Turkey .     Imports of these products from Turkey
have been negligible or non-existent in recent years .      Furthermore ,
the Member States cannot make forecasts for the quota period under
consideration .
        Consequently , pending a more Community-based administration of
this quota , based on the experience acquired over the two years , the
Commission considers that it can propose the extension of the system
adopted by the Council for the current quota period , namely the allo­
cation of a large portion of the quota volume to the Community reserve
and the allocation of equal initial quota-shares , corresponding to
one-seventh of the remainder of the quota , to the Member States .
1
  0J No L 142 , 9 June 1977 , p. 10
^0J No L 142, 9 June   1977 , p. 27 .
 ---pagebreak---                                                      Proposal for
                                        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,
                                                      originating in Turkey
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          laid down for that quota to all imports of the product in
                                                                    question into the 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
  Having regard to the Treaty establishing the European             allocating the tariff quota among the Member States;
  Economic Community, and in particular Articles 43 and             whereas, to reflect most accurately the actual develop­
  113 thereof,                                                      ment of the market in the products in question, such allo­
                                                                    cation should be in proportion to the requirements of the
  Having regard to the proposal from the Commission,                Member States, assessed by reference both to the statistics
                                                                    relating to imports from Turkey over a representative re­
  Having regard to the Opinion of the European Parlia­              ference period and to the economic outlook for the quota
  ment     ,                                                        period concerned;
  Whereas Article 13 of Council Regulation (EEC) No
  1180/77 of 17 May 1977 on imports into the Community              Whereas, during the last three years for which statistics
  of certain agricultural products originating in Turkey (1 )       are available, the corresponding imports of each Member
  provides for the opening by the Community/of an annual            State from Turkey have been negligible or non-existent;
  Community tariff quota of 90 tonnes for apricot pulp fal­         whereas those data cannot therefore be considered as rep­
  ling within subheading ex 20.06 B II c) 1 aa) of the Com­          resentative to serve as a basis for allocation of the quota
  mon Customs Tariff, originating in Turkey; whereas the             volume among the Member States; whereas it is difficult
  customs duties applicable within the limits of that tariff         to estimate imports by Member States               because of
  quota correspond to 70% of the customs duties actually             the absence of truly representative figures for previous
  applied in respect of non-member countries; whereas the            years; whereas, consequently, the only solution seems to
  tariff quota in question should therefore be opened for the        be to allocate a large part of the quota volume to the
  abovementioned volume for the period 1 July 197 g to 30            Community reserve and to allocate one seventh of the ba­
. June 1979 ;                                                        lance to the Benelux countries, Denmark, Germany,
                                                                     France, Ireland, Italy and the United Kingdom;
             / with effect from 1 July 1977
                                                                     Whereas the initial shares may be used up fairly quickly;
                                                                     whereas, therefore, to avoid disruption of supplies any
                                                                     Member State which has almost used up its initial share,
                                                                     shall draw a supplementary share from the Community
                                                                     reserve; whereas this must be done by e? ch Membci State
                                                                     as each one of its supplementary shares is almost used up,
Whereas it is in particular necessary to guarantee all im- !         and as many times as the reserve allows; whereas the ini­
porters of the Community equal and uninterrupted access              tial and supplementary shares must be valid until the end
to the quota and uninterrupted application of the rates              of the quota period; whereas this form of administration
                                                                     requires close collaboration between the Member States
                                                                     and the Commission, and the Commission must be in a
                                                                     position to follow the extent to which the tariff quota has
                                                                     been used up and inform the Member States thereof;
 (>) OjNo L 142 - 9.6 . 1977 . p. 10 .
                                                                      Whereas if, at a given date in the quota period, a cc.iiider-
                                                                      able quantity of a share remains in any Member State, it is
                                                                      essential that that State should return a significant propor-
 ---pagebreak---                                                             - 2 -
  tion to the reserve in order to avoid part of the Com­            ing the Commission, draw a second share equal to 15% of
   munity quota remaining unused in one Member State                its initial share, rounded up where necessary to the next
   when it could be used in others;                                 unit, to the extent permitted by the amount of the reserve.
   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                 2. If, after its initial share has been used up, 90% or more
   Union, any measure concerning the administration of the          of the second share drawn by a Member State has been
                                                                    used up, that Member State shall, in accordance with the
  shares allocated to that economic union may be carried
  out by any of its members,                                        conditions imposed by paragraph 1 , draw a third share
                                                                    equal to 7*5% of its initial share, rounded up where neces­
                                                                    sary 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
                              Article Î
                                                                    same conditions, draw a fourth share equal to the third.
   1 . From 1 July 1978 until 30 June 19 /9 , a Community           This process shall continue to apply until the reserve is
  tariff quota of 90 tonnes shall be opened in the Com­             used up.
  munity for apricot pulp, falling within subheading ex
 20.06 B II c) 1 aa) of the Common Customs Tariff,
 originating in Turkey.
                                                                   4. By way of derogation from paragraphs 1 to 3 , a
                                                                   Member State may draw shares smaller than those fixed in
 2. Within the limits of this tariff quota, the Common             those paragraphs if there are grounds for believing that
 Customs Tariff duty applicable to these products shall be         those fixed may not be used up. It shall inform the Com­
 partially suspended at a rate of 11-9% .                          mission of its reasons for applying this paragraph.
                                                                                                Article 4
                                                                   Supplementary shares drawn pursuant to Article 3 shall
                                                                   be valid until 30 June 197 9 .
                              Article 2
 1 . A first instalment of 35 tonnes shall be allocated
among the Member States; the respective shares of the
 Member States, which, subject to Article 5, shall be valid                                    Article S
 from 1 July 1978 to 30 June 1979 , shall be as follows:
                                                                  The Member States shall return to the reserve, not later
       Bénélux                                    5 tonnes,       than 1 April 19 /9 , the unused portion of their initial share
       Denmark                                    5 tonnes,       which, on 15 March 1979 , is in excess of 20% of the in­
       Germany                                    5 tonnes,       itial amount. They may return a larger quantity if there are
       France                                     5 tonnes,       reasons to believe that such quantity might not be used.
       Ireland                                    5 tonnes,
       Italy                                      5 tonnes,
       United Kingdom                             5 tonnes.
                                                                  Member States shall, not later than 1 April 1979, notify
                                                                  the Commission of the total quantities of the said goods
2. The second instalment of 55 tonnes shall be held as the        imported up to and including 15 March 1979 and charged
Community reserve.                                                against the Community tariff quota and any quantities of
                                                                  the initial shares returned to the reserve.
                             Article 3
1 . If 90% or more of a Member State's initial sh<ire                                          Article 6
specified in Article 2 ( 1 ), or of that share minus thepor* on
returned to the reserve where Article 5 is applied, has besn      The Commission shall keep an account of the shares
used up, that Member State shall without delay, by notify-        opened by the Member States pursuant to Articles 2 and 3
 ---pagebreak---  and shall , as soon as it has been notified, inform each State    3. Member States shall charge imports of the said goods
 of the extent to which the reserve has been used up.              against their shares as and when such goods are entered
                                                                    for home use.
 It shall inform the Member States not later than 5 April
 1979, of the amount still in reserve after amounts have           4. The extent to which a Member State has used up its
 been returned thereto pursuant to Article 5 .                      share shall be determined on the basis of imports charged
                                                                   in accordance with paragraph 3 .
 It shall ensure that the drawing which uses up the reserve
 is limited to the balance available and to this end shall                                    Article 8
specify the amount thereof to the Member State making
the last drawing.                                                   At the request of the Commission, Member States shall in­
                                                                    form it of imports of the products concerned actually
                                                                    charged against their shares.
                            Article 7
1 . Member States shall take all measures necessary to en­                                    Article 9
sure that supplementary shares drawn pursuant to Article
3 are opened in such a way that imports may be charged              Member States and the Commission shall cooperate
without interruption against their accumulated shares in            closely in order to ensure that this Regulation is observed.
the Community tariff quota.
2. Member States shall ensure that importers of the said                                     Article 10
goods established in their territory have free access to the
shares allocated to them .                                         This Regulation shall enter into force on 1 July 1978.
                 This Regulation shall be binding in its entirety and directly applicable in all Member States.
                 Done at Brussels,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak--- Ligne budgétaire concernée : Cha^>. 12 arc. 120 '
Base, juridique ï Articles 43 et . 113
Intitulé de la mesure tarifaire :
Proposition de règlement du Conseil portant ouverture , répartition et mode
de gestion d' un contingent tarifaire de pulpes d' abricots , originaires de
Turouie .                                      .
Objectif :    Assurer le respect jlea engagements contractés par la
 Communauté .      ,
Mode de calcul :              -            »
- N° du T.D.C.                   j     ex 20106 B II c) 1 aa)
- Volume d\i/dk/s/ contingente^/:      90 tonnes
- Droits & appliquer             ï  • n 9'% .
- Droits du T.D.C.               •     17 %
Perte de recettes :                                           t
 Valeur des marchandises : 310 UC x 90 ■ 27.900' UC      '
 Perte de recettes : 27.900 UC 3( 5.1 % ■ 1.423 UC .