CELEX: 51981PC0475
Language: en
Date: 1981-09-24
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 Morocco (1982)#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) aa) of the Common Customs Tariff and originating in Tunisia (1982) (presented by the Commission to the Council)

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DOCUMENTS "COM"
COM (81) 475
Vol. 1981/0143
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(81)475 final
                                           Brussels , 24 September 1981
                                 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 Morocco ( 1982 )
                                 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 ) aa ) of the Common
              Customs Tariff and originating in Tunisia ( 1982 )
                 ( presented by the Commission to the Council )
                                                                 " \
                                          (' –                       j
                                           V X'
                                                     " .          v"
C0M(81 ) 475 final                                            's
 ---pagebreak---                                                 c-avvi4t
                    EXPLANATORY MEMORANDUM
The .ooperation Agreements concluded between the European Economic -
Community on the one hand and the Kingdom of Morocco , and the Republic
of Tunisia on the other hand provide , for the opening of annual Community
tariff quotas for the importation into the Community of 8.250 or 4.300
metric tons of apricot pulp, originating in these cou n tries, falling
within subheading ex 20.06 8 II c ) 1 aa) of the Common Customs Tariff .*
The customs duties applicable within the limits of this quota are .
equal to 70 X of the duties actually applied to non-member countries .
Accordingly the tariff quota in question has to be opened for 1982 .     »'
The proposals for regulations opening these tariff quotas provide -
as is customary t for the division of each of the quota - volumes into
two instalments , the first being allocated among the Member States >
as quota shares, the second being held as a reserve.       ,*
The allocation of the volume of the first instalment of the quota
should be based on the rules    generally applied . These involve cal­
culating each Member State 's total imports oyer the last three years
as. a proportion of total Community imports during' the same period
and applying , for each Member State, the percentages thus obtained
to the volume of the    first instalment .    ,                   .
However , in this process account was taken on the fact that certain
Member States effected no or only occasional imports during these
 years . In view of the necessity of allocating the quota volume in •
 an equitable manner these-Member States were granted small percen­
 tages representing commercially exploitable shares . -
 It is proposed that the proposals for Council Regulations opening     ,
 the Community tariff quotas described above be approved .. /. :
ANNEX :    2 proposals for Regulations ( EEC ) of the Council . 1
 ---pagebreak---                                                                                                          Annex A
                                                           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 Morocco ( 1982 )              ,
            THE COUNCIL OF THE EUROPEAN                                     over a representative reference period and also to the
            COMMUNITIES,                                                    economic outlook for the quota period in question ;
                                                                            Whereas, during the "last three years for which
            Having regard to the Treaty establishing the                    statistics are available, the corresponding imports of
            European Economic Community, and in particular                  each Member State represent the following per­
            Article 1 13 thereof,                                           centages of imports into the Community from
                                                                            Morocco of the products concerned :
            Having regard to the proposal from the Commission,                       Member States       1978       1979    1980
             Whereas the Cooperation Agreement                        j     Benelux                          –      0.7        3
             between the European Economic                             i
                                                                            Denmark                          -
                                                                                                                     -  .      -
             Community and the Kingdom of                              j
             Morocco , signed on 27 Atjril 1976.(1 ),                       Germany
                                                                            Greece
                                                                                                         17.9      19.8       15
   as supplemented by the Protocol ^? for its                         !     France                       66.4      79.5       82
adaptation   consequent on the accession of the                             Ireland                          -       -         -
             Hellenic Republic to the European
             Economic Community                   provides                  Italy                            -       -         -
             for the opening by the Community                        ;      United Kingdom               15.7        -         - "
             of an annual Community tariff
             quota of 8 250 tonnes of apricot
             pulp falling within subheading                          '
             ex 20.06 B II c ) 1 aa ) of the                                Whereas, both the percentages and the estimates from
                                                                            certain Member States should be taken into account
             Common Customs Tariff and orig­
                                                                            as well as the need to ensure that, in the circum­
              inating in Morocco ; whereas the                              stances, the obligations contracted under the
              customs duties applicable to the                      :       Agreement concerned are allocated fairly among all
             quota are equal to 70% of the                                  the Member States ; whereas the approximate per­
              customs duties actually applied                               centages of the initial quota shares may therefore be
              to non-member countries ; whereas                             fixed as follows :                   .
              the Community tariff quota in
              question should therefore be                                           Bénélux                               8
              opened for 1982 ;                                                      Denmark                               2
            Whereas it is in particular necessary to ensure for all                  Germany                              341
                                                                                     Greecé
            Community importers equal and uninterrupted access                       France                               38
            to the abovementioned quota and uninterrupted                            Ireland                                1
            application of the rate laid down for that quota to ail                                                        i
            imports of the products concerned into all Member                        Italy
            States until the quota has been used up ; whereas,                       United Kingdom                       15
            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          States, the quota amount should be divided into two
            the true trend of the market in the products in                 instalments, the first being shared among the Member
            question, such allocation should be in proportion to            States and the second constituting a reserve to cover
            the requirements of the Member States, calculated by            at a later date the requirements of the Member States
            reference to the statistics for imports from Morocco            which have used up their initial quota shares ;
             ( 1 ) 0J No L 264 , 27.9.1978 , p. 2
             ( 2 ) 0J No L
 ---pagebreak---                                                         -2-
                                                                                         Annex A
whereas , in order to give importers in each Member                                    Article 2
State a certain de^re ? of security , the first instalment
of the Community quota should under the circum­             1.     A first instalment amounting to5860 tonnes of
stances be fixed a : 70 % of the quota volume ;             the Community tariff quota referred to in Article 1
                                                            shall be allocated among the Member States ; the
                                                            shares, which subject to Article 5 shall be valid until
Whereas the Member States' initial shares may be            31 December 1 98^shall be as follows :
used up at different times ; whereas , in order to take
this fact into account and avoid any break in                                                            (tonnes)
continuity, any Member State which has almost used                    Benelux                                470
up its initial share, should draw an additional share                 Denmark                                110
from the reserve ; whereas this must be done by each
Member State as and when each of its additional                       Germany                              20£ô
                                                                       Greece
shares is almost used up, and repeated as many times                  France                               2 220
as the reserve allows ; whereas the initial and                       Ireland                                 60
additional shares must be valid until the end of the
quota period ; whereas this method of administration                  Italy                                   60
requires close cooperation between the Member                         United Kingdom                         880
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            2.     The second instalment amounting to 2 390
States thereof ;                                            tonnes shall constitute the reserve .
Whereas if, at a given date in the quota period , a
substantial quantity remains unused in any Member                                       Article 3
State it is essential that that Member State should
return a significant proportion to the corresponding         1.     If 90 % or more of a Member State's initial
reserve to prevent a part of the Community quota             share as specified in Article 2 ( 1 ), or 90 °/o of that
from remaining unused in one Member State when it            share minus the portion returned to the reserve where
could be used in others ;                                   Article 5 has been appljed , has been used up, then , to
                                                             the extent permitted by the amount of the reserve,
                                                             that Member State shall forthwith , by notifying the
Whereas, since the Kingdom of Belgium, the                   Commission, draw a second share equal to 15 % of
Kingdom of the Netherlands and the Grand Duchy               its initial share, rounded up where necessary to the
of Luxembourg are united within and jointly                  next unit.
represented by the Benelux Economic Union, any
operation relating to the administration of the quota
shares allocated to that economic union may be               2 . If, after its initial share has been used up, 90 %
carried out by any of its members,                           or more of the second share drawn by a Member
                                                             State has been used up, then 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.
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
                        Article 1                            has been used up, that Member State shall, in
                                                             accordance       with   the   conditions  laid   down  in
 1 . From 1 January to 31 December 1982 a                    paragraph 1 , draw a fourth share equal to the third .
 Community tariff quota of 8 250 tonnes shall be
 opened in the Community                 for apricot pulp    This process shall continue until the reserve is used
 falling within subheading ex 20.06 B II c) 1 aa) of the      up.
 Common       Customs    Tariff   and     originating   in
 Morocco .
                                                              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
 2 . Within the limits of this tariff quota the               believe that they might not be used up. It shall inform
 Common Customs ■ Tariff duty applicable to these             the Commission of its _ reasons for applying this
products shall be suspended at a rate of 11-9 °/o .           paragraph.
 Within the Limits of this tariff quot
 Greece shall apply duties calculated
 in accordance with the relevant
 provisions in the 1979 Act of Accessi
 and the adaotina Protocol .
 ---pagebreak---                                                          -3-
                                                                                           Annex A
                          Article 4                                                     A rticle 7
 Each of the additional shares drawn pursuant to              1.    The Member States shall take all measures
 Article 3 shall be valid until 31 December 1 9S2 .           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
                          Article 5                           their accumulated shares of the tariff quota.
 The Member States shall return to the reserve, not           2. The Member States shall ensure that importers
 later than 1 October 1982 ,such unused portion of            of the products in question established in their
 their initial shares as, on 15 September 1982 , is in        territory have free access to the shares allocated to
                                                              them.
 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.                          3. The Member States shall charge the imports of
                                                              the products concerned against their shares as and
                                                              when the products are entered with customs auth­
 The Member States shall notify the Commission, not           orities for free circulation .
 later than 1 October 1982 of the total quantities of
 the products in question imported up to 15 September         4.    The extent to which a Member State has used
1982,and charged against the tariff quota and of any          up its share shall be determined on the basis of the
 quantity of the initial shares returned to the reserve.      imports charged in accordance with paragraph 3 .
                          Article 6                                                     Article 8
 The Commission shall keep an account of the shares           At the Commission's request, the Member States shall
 opened by the Member States pursuant to Articles 2           inform it of imports actually charged against their
 and 3 and, as soon as it is notified , shall inform each     shares .
 State of the extent to which the reserve has been used
 "P-                                                                                    Article 9
 It shall inform the Member States, not later than            The    Member      States   and    the Commission shall
 5 October1982 , of the amount in the reserve after
 quantities have been returned thereto pursuant to            cooperate closely to ensure that this Regulation is
 Article 5 .                                                  complied with.
 It shall ensure that the drawing which exhausts the                                    Article 10
 reserve does not exceed the balance available and, to
 this end, shall notify the amount of that balance to         This Regulation shall enter into force on 1 January
 the Member State making the last drawing.                     1982 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels,
                                                                                      For the Council
                                                                                        The President
 ---pagebreak---                                                                                                         Annex B
                                                            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 Tunisia ( 1982 )
              THE COUNCIL OF THE EUROPEAN                                    over a representative reference period and also to the
              COMMUNITIES,                                                   economic outlook for the quota period in question ;
                                                                             Whereas, during the last three years for which
              Having regard to the Treaty establishing the                   statistics are available, the corresponding imports of
              European Economic Community, and in particular                 each Member State represent the following per7
             Article 1 13 thereof,                                           centages of imports into the Community from Tunisia
                                                                             of the products concerned :
             Having regard to the proposal from the Commission,                       Member States       1978      1979      1980
                                                                             Benelux                      19.1     28.3-        4
              Whereas the Cooperation Agreement
              between the European Economic                                  Denmark                         -        -         -
              Community and the Republic of Tunisia ,                        Germany                      14.4      15.5
              signed on 25 Apri.L.1976 , (1 ) , as sup­                     Greece
                                                                             France                       62 Tó    54?1        96
    plemented by the Protocol               for its adaptation
                                                                             Ireland                         -        -         -
consequent    on the accession of the Hellenic
              Republic to the European Economic                              Italy                         3.9       2.1        -
              Community        '     provides for the                        United Kingdom                  -        -         -
              opening by the Community of an annual
              Community tariff quota of 4 300 tonnes
              of apricot pulp falling within sub­
              heading ex 20.06 B II c ) 1 aa ) of the                       Whereas both these percentages and the estimates
              Common Customs Tariff originating                              from certain Member States should be taken into
               in Tunisia ; whereas the customs                              account as well as the need to . ensure that, in the
              duties applicable to the quota are                             circumstances, the obligations contracted under the
                                                                             Agreement concerned are allocated fairly among all
              equal to 70% of the customs duties                             the Member States ; whereas the approximate per­
              actually applied to non-member                                 centages of the initial quota shares may therefore be
              countries ; whereas the Community                              fixed as follows :
              tariff quota in question should
              therefore be opened for 1982 ;                          _               Bénélux                           28-7
                                                                                      Denmark                            3-5
             Whereas it is in particular necessary to ensure for all                  Germany                            4-8
                                                                                      Greecé                             1.8
             Community importers equal and uninterrupted access                       France                           53.1
             to the abovementioned quota' and uninterrupted
                                                                                      Ireland                             1-8
             application of the rate laid down for that quota to all
             imports of the products concerned into all Member                        Italy                               1-8
             States until the quota has been used up ; whereas,                       United Kingdom                     4-5
             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 take into account import trends
             whereas , in order to reflect as accurately as possible         for the products concerned in the various Member
             the true trend of the market in . the products in               States, the quota amount should be divided into two
             question , such allocation should be in proportion to           instalments, the first being shared among the Member
             the requirements of the Member States, calculated by            States and the second constituting a reserve to cover
             reference to the statistics for imports from Tunisia            at a later date the requirements of the Member States
              ( 1 ) OJ No L 265 , 27.9.1978 , p. 2 .
              ( 2 ) 0J
 ---pagebreak---                                                        -2-
                                                                                      Annex B
which have used up their initial quota shares ;                                    Article 2
whereas, in order to give importers in each Member
State a certain degree of security, the first instalment   I. A first instalment amounting to 3190 tonnes of
of the Community quota should under the circum­            the Community tariff quota refe^r-d to in Article 1 ,
stances be fixed at 73 % of the quota volume ;             shall be allocated among the Member States ; the
                                                           shares, which subject to Article 5 shall be valid until
                                                           31 December 1982shall be as follows :
Whereas the Member States' initial shares may be                                                      (tonnes)
used up at different times ; whereas, in order to take
this fact into account and avoid any break in                       Bénélux                               900
continuity, any Member State which has almost used                  Denmark                               110  -
up its initial quota share should draw an additional                Germany
share from the reserve ; whereas this must be done by               Greece
                                                                    rrance
each Member State as and when each of its additional
shares is almost used up, and repeated as many times                Ireland                                55
as the ' reserve allows ; whereas the initial and                   Italy .                                55
additional shares must be valid until the end of the
quota period ; whereas this method of administration                United Kingdom                        140
requires close cooperation between the Member
States and the Commission, and the latter must be in       2.    The second instalment amounting to 1 110
a position to monitor the extent to which the quota        tonnes shall constitute the reserve .
volume has been used up and to inform the Member
States thereof;
                                                                                    Article 3
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member           1.    If 90 % or more of a Member State's initial
State, it is essential that that Member State should       share as specified in Article 2 ( 1 ), or 90 % of that
return a significant proportion to the reserve to          share minus the portion returned to the reserve where
prevent a part of any tariff quota from remaining          Article 5 has been applied, has been used up, then, to
unused in one Member State when it could be used in        the extent permitted by the amount of the reserve,
others ;                                                   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.
Whereas, since the Kingdom of Belgium, the
Kingdom of the Netherlands are the Grand Duchy of
Luxembourg are united within and jointly represented       2. If, after its initial share has been used up, 90 %
by the Benelux Economic Union, any operation               or more of the second share drawn by a Member
relating to the administration of the quota shares         State has been used up, then that Member State shall,
allocated to that economic union may be carried out        in accordance with the conditions laid down in
by any of its members,
                                                           paragraph 1 , draw a third share equal to 7-5 % of its
                                                           initial share.
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
                        Article 1
                                                            paragraph 1 , draw a fourth share equal to the third .
 1 . From 1 January to 31 December 1982 a
 Community tariff quota of 4 300 tonnes shall be            This process shall continue until the reserve is used
                                                            up.
opened in the Community                for apricot pulp
falling within subheading ex 20.06 B II c) 1 aa) of the
Common Customs Tariff and originating in Tunisia.           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
2. Within the limits of this tariff quota the               believe that they might not be used up. It shall inform
Common Customs Tariff duty applicable to these              the Commission of its reasons for applying this
products shall be suspended at a rate of 11-9 % .           paragraph.
 Within the Limits of this tariff
 quota , Greece shall apply duties
 calculated in accordance uith the
 relevant provisions in the 1979 Act of
Accession and the adapting Protocol .
 ---pagebreak---                                                           -3-
                                                                                      Annex B
                           A rticle 4                                                    Article 7
 The additional shares drawn pursuant to Article 3              1.   The Member States shall take all measures
  shall be valid until 31 December 1982 .                      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
                            Artide 5                           their accumulated shares of the tariff quota.
 The Member States shall return to the reserve , not
                                                               2. The Member States shall ensure that importers
                                                               of the products in question established in their
 later than 1 October 1982,such unused portion of              territory have free access to the shares allocated to
 their initial share as, on 15 September 1 982,, is in         them .
 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 .                          3 . The Member States shall charge the imports of
                                                               tjie products concerned against their shares as and
                                                               when the products are entered with customs auth­
 The Member States shall notify the Commission , not           orities for free circulation .
 later than 1 October 1982 of the total quantities of
 the products in question imported up to 15 September
                                                               4.    The extent to which a Member State has used
1982 and charged against the tariff quota and of any
 quantity of the initial shares returned to the reserves.      up its share shall be determined on the basis of the
                                                               imports charged in accordance with paragraph 3.
                                                                                         Article 8
    -                     Article 6
                                                               At the Commission's request, the Member States shall
 The Commission shall keep an account of the shares            inform it of imports actually charged against their
 opened by the Member States pursuant to Articles 2            shares .
 and 3 and, as soon as it is notified , shall inform each
 State of the extent to which the reserve has been used
 "P-                                                                                     Article 9
 It shall inform the Member States, not later than             The    Member      States   and   the  Commission shall .
 5 October1982,of the amount in the reserve after              cooperate closely to ensure that this Regulation is
 quantities have been returned thereto pursuant to             complied with.
 Article 5 .
 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.                         1982 .
                                                   \
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.                            4
                Done at Brussels,                .
                                                                                       For the Council
                                                                                         The President