CELEX: 51986PC0440
Language: en
Date: 1986-09-10
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 (1987)#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 (1987) (submitted to the Council by the Commission)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 440
Vol. 1986/0191
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                   C0MÎ86) 440 f i n a l
                                                                                   B r u s s e ls , 10 S eptem ber 1986
                                                        P ro p o s a l f o r a
                                              COUNCIL REGULATION (EEC)
  o p e n in g , a l l o c a t i n g    and p r o v id in g f o r th e a d m in is t r a t i o n o f a Community
   t a r i f f q u o ta f o r a p r i c o t p u lp f a l l i n g         w ith in  s u b h e a d in g ex 2 0 .0 6 B I I
                     c)  1 a a ) o f th e    Common Customs T a r i f f and o r i g i n a t i n g           in
                                                        M orocco      (1 9 8 7 )
                                                        P ro p o s a l f o r a
                                             COUNCIL REGULATION (EEC)
  o p e n ir M o c t f in g a n d ^ r o v i d in g f o r t h e a d m in is t r a t i o n o f a Com m unity
            /<
             f er T yV /        \             .--A
   t a r i f i y q u o t a f o r a p r ic o t -    i l p f a l l i n g w i t h i n s u b h e a d in g ex 2 0 .0 6 B I I
              ■ii c ) 1 „aa) o f th e Common Customs T a r i f f and o r i g i n a t i n g in
                                                       T u n is ia    (1 9 8 7 )
                             ( s u b m itte d t o th e      C o u n c il b y t h e   C o m m issio n )
C0M(86) 440 f i n a l
 ---pagebreak---                                                EXPLANATORY MEMORANDUM
1.  The C o o p e r a tio n A g re e m e n ts c o n c lu d e d          between the European Economie
    C om m unity on t h e one hand and th # Kingdom of Morocco and the Republic
    o f T u n e s ia on t h e o t h e r hand supplemented by th e P r o t o c o ls to these
    a g re e m e n ts f o l l o w i n g t h e a c c e s s io n o f Spain and Portugal provide f o r
    t h e o p e n in g o f a n n u a l Com m unity t a r i f f quotas for the importation into
    t h e C om m unity o f 8 250 o r 4 300 m e t r ic to n n e s o f a p r i c o t pulp, originating
     i n th e s e c o u n t r ie s , f a l l i n g w i t h i n s u b h e a d in g ex 2 0 ,0 6 B 11 c ) 1 a#) © f
    t h e Common Custom s T a r i f f .
     The customs duties a p p lic a b le w i t h i n the                     lim its  of  th is quota are equal
     to 70 % of the duties actually a p p lie d t o                           non-m em ber countries.
     Within the limits of these t a r i f f q u o ta s S p a in and Portugal apply customs
     duties calculated according to the P r o t o c o ls to the EEC/Morocc© and
      EEC/Tunisia agreements following th e a c c e s s io n of Spain and Portugal,
     Accordingly the ta riff quota in question has to be opened for 1987,
2.    The p r o p o s a ls f o r        r e g u la t io n s o p e n in g  these ta r if f quotas provide - a s
      is    c u s to m a ry -     f o r th e     d i v i s i o n o f each o f the quota volumes into two
      in s t a lm e n t s ,    th e f i r s t    b e in g a llo c a t e d among the fcwtzr states as quota
      s h a r e s , th e second b e in g h e ld as a r e s e r v e .
      The     allocation of th e vo lu m e of the f i r s t instalment of the quota should
      be based on the r u le s g e n e r a lly applied. These involve calculating each
    i-tenfcer State's total imports over the Last three years as a proportion of total «Gawmmfrty
    imports during the same period and applying for each Mtuber State, the pemoantags® thy® Ob­
    ta in e d to the volume o f the f i r s t in stalm e nt.
       H o w e ve r,    in    th is   p ro c e s s a c c o u n t was     taken on the f a c t th at certain
      Member S ta te s e f f e c t e d no or only occasional imports during these years.
       In view of the n e c e s s it y o f allocating the quota volume in an equitable
       manner th e s e Member S ta te s w ere granted small percentages representing
       commercially exploitable shares.
 3.    It    is    p ro p o s e d t h a t   the proposals for Council Regulations opening the
       Community          ta r iff     q u o ta s d e s c r ib e d above be approved.
 ANNEX; 2 proposals for Regulations (EEC) of the Council
 ---pagebreak---                                                           NOTE
These p r o p o s it io n s a lr e a d y t a k e   in to     a c c o u n t th e c o n c lu s io n and th e e n t r y       in to
f o r c e by 1 J a n u a ry 1987 a t th e        l a t e s t o f an a d a p tio n p r o t o c o l f o ll o w i n g      th e
a c c e s s io n o f S p a in and P o r t u g a l.
If     it  becomes a p p a r e n t t h a t th e    c o n c lu s io n     is  n o t re a c h e d , th e p r o p o s it io n s
m ust be m o d if ie d      in a way t h a t th e        r e g u la t io n s a re o n ly a p p lic a b le     to    the
Com m unity o f T e n .
 ---pagebreak---                                                 P ro p o s a l f o r 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 (1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, during the last three years for which statistics are
                                                                     available, the corresponding imports of each Member State
                                                                     represent the following percentages of imports into the
                                                                     Community from Morocco of the product in question:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                                          Member State        1983     1984       1985
                                                                     Benelux                               1        2           6
                                                                     Denmark                               -        -           -
Having regard to the proposal from the Commission,                   Germany                               -        -           -
                                                                     Greece                                “
                                                                       S p a in                            -        -           -,
Whereas, the Cooperation Agreement between the                         F rance                           97        98         94
                                                                       I r e la n d                        -        -           -
European Economic Community and the Kingdom of
                                                                       Ita ly                                                   —
Morocco ('), signed on 27 April 1976, provides for the                 P o r tu g a l                      —        —           —
opening by the Community of an annual Community tariff                 U n ite d Kingdom                   2        —           —
 quota of 8 250 tonnes of apricot pulp falling within
 subheading ex 20.06 B II c) 1 aa) of the Common Customs
                                                                      Whereas both these percentages and the estimates from
 Tariff and originating in Morocco; whereas the customs               certain Member States should be taken into account as well
 duties applicable to the quota are equal to 70 % of the              as the need to ensure that, in the circumstances, the
 customs duties actually applied to non-member countries;             obligations contracted under the Agreement concerned are
 whereas the Community tariff quota in question should                allocated fairly among all the Member States; whereas the
 therefore be opened for 1986;                                        approximate percentages of the initial quota shares may
                                                                      therefore be fixed as follows:
 Whereas, since a Protocol as provided for in Articles 179
 and 366 of the Act of Accession of Spain and Portugal does                    Benelux                           4. 8
 not exist, the Community must adopt the measures referred                     Denmark                           1, 2
 to in Articles 180 and 367 of that Act; whereas the tariff                    Germany                           5/ 3
 measure concerned will, therefore, apply to the                               Greece                            o, 3
  Community of Ten;                                                            S p a in                          6, 0 -
                                                                                F ra n ce                       67, 5
                                                                                I r e la n d                     1, 2
                                                                                Ita ly                           1/ 2 :
  Whereas it is in particular necessary to ensure for all                       P o r tu g a l                   4, 8
  Community importers equal and uninterrupted access to                         U n ite d Kingdom                7, 5
  the abovementioned quota and uninterrupted application               Whereas, in order to take into account import trends for
  of the rate laid down for that quota to all imports of the           the products concerned in the various Member States, the
  products concerned into all Member States until the quota            quota amount should be divided into two instalments, the
  has been used up; whereas, having regard to the above                first being shared among the Member States and the second
  principles, the Community nature of the quota can be                 constituting a reserve to cover at a later date the
  respected by allocating the Community tariff quota among             requirements of the Member States which have used up
  the Member States; whereas, in order to reflect as                   their initial quota shares; whereas, in order to give
  accurately as possible the true trend of the market in the           importers in each Member State a certain degree of
  products in question, such allocation should be in                    security, the first instalment of the Community quota
  proportion to the requirements of the Member States,                  should under the circumstances be fixed at 50 % of the
  calculated by reference to the statistics for imports from            quota volume;
   Morocco over a representative reference period and also to
   the economic outlook for the quota period in question;
                                                                        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 reserve; whereas
   (>) O J N o L 264, 27. 9. 1978, p. 1.
 ---pagebreak---                                                             - 2 -
    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 is 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 within and jointly represented by the Benelux
   Economic Union, any operation relating to the
   administration of the quota shares allocated to that
   economic union may be carried out by any of its
   members,
   HAS ADOPTED THIS REGULATION:
                             Article 1
 From 1 January to 31 December 1987 the Common T a r if f Customs Duty on the fo llo w in g products s h a ll
 be suspended a t the le v e l and w ith in the lim its o f a C a m n ity t a r i f f quota as shown herew ith:
 Order Nr.              CCT Heading            D e scription                     Amount o f        T a r if f quota
                        No.                                                      t a r i f f quota duty
                                                                                 - t -
 09.1105                ex 20.06 B I I         A p ric o t pulb o rig in a tin g 8 250             11,9
                        c) 1 aa)               in Morocco
W ithin the lim its o f th is t a r i f f quota, Spain and Portugal s h a ll apply custom d u tie s calcula ted
 in accordance w ith the relevant p ro visio n s la id down in the P rotocol to the Cooperation agreement
between the European Community and Morocco fo llo w in g the accession o f Spain and P ortugal.
                           Article 2
 1. A first instalment amounting to 4 150 tonnes of 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 31 December 1987
shall be as follows:
                                       (tonnes)
Benelux                                     200
Denmark                                      50
Germany                                     240
Greece                                        10
Spain                                       250
France                                    2 800
Ire la n d                                   50
Ita ly                                       50
Portugal                                    200
U nited Kingdom                             300
 ---pagebreak---                                                                                         Article 6
2. The second instalment amounting to 4 1013 tonnes shall
constitute the reserve.                                       The Commission shall keep an account of the shares
                           Article 3                          opened by the Member States pursuant to Articles 2 and 3
                                                              and, as soon as it is notified, shall inform each Member
                                                              State of the extent to which the reserve has been used up.
1. If 90 % or more of a Member State’s initial share as
specified in Article 2 (1), or 90 % of that share minus the It shall inform the Member States, not later than 5 October
portion returned to the reserve where Article 5 has been 198 7, of the amount in the reserve after quantities have
applied, has been used up, then, to the extent permitted by been returned thereto pursuant to Article 5.
the amount of the reserve, that Member State shall
forthwith, by notifying the Commission, draw a second It shall ensure that the drawing which exhausts the reserve
share equal to 15 % of its initial share, rounded up where does not exceed the balance available and, to this end, shall
necessary to the next unit.                                    notify the amount of that balance to the Member State
                                                               making the last drawing.
                                                                                         Article 7
2. If, after its initial share has been used up, 90 % or
more of the second share drawn by a Member State has 1. The Member States shall take all measures necessary to
been used up, then that Member State shall, in accordance ensure that additional shares drawn pursuant to Article 3
with the conditions laid down in paragraph 1, draw a third are opened in such a way that imports may be charged
share equal to 7,5 % of its initial share.                     without interruption against their accumulated shares of
                                                               the tariff quota.
3. If, after its second share has been used up, 90 % or 2. The Member States shall ensure that importers of the
more of the third share drawn by a Member State has been products in question have free access to the shares allocated
used up, that Member State shall, in accordance with the to them.
conditions laid down in paragraph 1, draw a fourth share
                                                              3. The Member States shall charge the imports of the
equal to the third..
                                                              products concerned against their shares as and when the
                                                              products are entered with customs authorities for free
                                                              circulation.
This process shall continue until the reserve is used up.
                                                              4. The extent to which a Member State has used up its
4. By way of derogation from paragraphs 1, 2 and 3, a share shall be determined on the basis of the imports
Member State may draw shares smaller than those fixed in charged in accordance with paragraph 3.
those paragraphs if there are grounds for believing that                                  Article 8
they might not be used up. It shall inform the Commission
of its reasons for applying this paragraph.                    At the Commission’s request, the Member States shall
                           Article 4                           inform it of imports actually charged against their shares.
                                                                                          Article 9
The additional shares drawn pursuant to Article 3 shall be
                                                                The Member States and the Commission shall cooperate
valid until 31 December 1987.                                   closely to ensure that this Regulation is complied with.
                           Article 5
                                                                                        Article 10
 The Member States shall return to the reserve, not later This Regulation shall enter into force on 1 January 198 7 .
 than 1 October 1987 such unused portion of their initial
 shares as, on 15 September 1987^ is in excess of 20 /a 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 1987, of the total quantities of_the products
 in question imported up to 15 September 198 ( and charged
 against the tariff quota and of any quantity of the initial
 shares returned to the reserve.                                                    ,
   This Regulation shall be binding in its entirety and directly applicable in all Member
   States.
   Done at Luxembourg,
                                                                           For the Council
                                                                            The President
 ---pagebreak---                                                      Proposal fo r a
                                       COUNCIL REGULATION (EEC)
               opening allocating and providing for the administration of a Community tariff quota for apricot
               S " S i i g “ iltto subheading cx 2 0 . « B 11 c) 1         o f t h c Common Cnriom, Tattff ami
                                                 originating in Tunisia QIVo()
                                                                   Whereas, during the last three years for which statistics are
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                   available, the corresponding imports of each Member State
                                                                   represent the following percentages of imports into the
                                                                   Community from Tunisia of the product in question.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                              Member State          1983      1984     1985
thereof,
                                                                   Benelux
                                                                   Denmark
Having regard to the proposal from the Commission,                 Germany
                                                                    Greece
                                                                   Spain                            -If,       1ÜÛ       100
                                                                   France
Whereas the Cooperation Agreement between the                      Ire la n d
 European Economic Community and the Republic of                   Ita ly
                                                                   P ortugal                                 .   ~
 Tunisia i1),                                                      Uhitea Kingdom                      -         _
       supplemented by the P rotocol to th is agreement             Whereas both these percentages and the estimates from
       fo llo w in g the accession o f Spain and                    certain Member States should be taken into account as well
       Portugal (2 ),                         provides for the      as the need to ensure that, in the circumstances, the
   opening by the Community of an annual Community tariff           obligations contracted under the Agreement concerned are
   quota of 4 300 tonnes of apricot pulp falling within             allocated fairly among all the Member States; whereas the
   subheading ex 20.06 B II c) 1 aa) of the Common Customs          approximate percentages of the initial quota shares may
   Tariff and originating in Tunisia; whereas the customs           therefore be fixed as follows:
   duties applicable to the quota are equal to 70 % of the
   customs duties actually applied to non-member countries;
   whereas the Community tariff quota in question should                    Benelux                             2.3
   therefore be opened for 1986;                                            Denmark                             2.3
                                                                             Germany                           ■Cl
                                                                             Greece                             0,5
                                                                             Spain                              2.3
                                                                              France                           74,7
                                                                              Ire la n d                        2.3
                                                                              Ita ly                            2.3
                                                                              P ortugal                         2.3
                                                                             U nited Kingdom                    6,9
 Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrupted access to              Whereas, in order to take into account import trends for
  the abovementioned quota and uninterrupted application             the products concerned in the various Member States, the
  of the rate laid down for that quota to all imports of the         quota amount should be divided into two instalments, the
  products concerned into all Member States until the quota          first being shared among the Member States and the second
  has been used up; whereas, having regard to the above              constituting a reserve to cover at a later date the
  principles, the Community nature of the quota can be               requirements of the Member States which have used up
  respected by allocating the Community tariff quota among           their initial quota shares; whereas, in order to give
  the Member States; whereas, in order to reflect as                  importers in each Member State a certain degree of
   accurately as possible the true trend of the market in the         security, the first instalment of the Community quota
   products in question, such allocation should be in                 should under the circumstances be fixed at 50 % of the
   proportion to the requirements of the Member States,               quota volume;
   calculated by reference to the statistics for imports from
   Tunisia over a representative reference period and also to
   the economic outlook for the quota period in question;
                                                                      Whereas 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 reserve; whereas
   (>) OJ No L 265, 27. 9. 1978, p. 1.
     (2) 0J NO L a a · / P·
 ---pagebreak--- 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 is 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 within and jointly represented by the Benelux
 Economic Union, any operation relating to the
  administration of the quota shares allocated to that
  economic union may be carried out by any of its
  members,
  HAS ADOPTED THIS REGULATION:
                             Article 1
   From 1 January to 31 Decenfeer 1987 the Cannon T a r if f Customs Duty on the fo llo w in g products
   s h a ll be suspended a t the le v e l and w ith in the lim its o f a Community t a r i f f epota as shown
   herew ith:
   Order No.             CCT Heading           Description                  Amount of             Tariff quota
                         No.                                                tariff quota - t ■ ■ duty - %
   09.1203               ex 20.06 B II         Apricot pulp originating     4 300                 11,9
                         c) 1 aa)              in Morocco
   W ithin the lim its o f th is t a r i f f quota, Spain and P ortugal s h a ll apply customs ckitie s ca leu Lai
    in accordance w ith the relevant p ro visio n s la id down in the P rotocol to the Cooperation Agree
   ment between the European Economic Community and T unisia fo llo w in g the accession o f Spain and
    P o rtugal.
                               Article 2                           ' " '    '                           (tonnes)
                                                                   Benelux                                   50
                                                                   Denmark                                   50
    1. A first instalment amounting to 2 150 tonnes of the
   Community tariff quota referred to in Article 1, shall be       Germany                                   90
                                                                   Greece                                    10
    allocated among the Member States; the shares which,
    subject to Article 5, shall be valid until 31 December 1987     Spain                                   50
    shall be as follows:                                           France                              1 600
                                                                   Ireland                                    50
                                                                   Italy                                      50
                                                                    Portugal                                50
                                                                    United Kingdom                           150
                                                                 2. The second instalment amounting to 2 150 tonnes shall
                                                                 constitute the reserve.
 ---pagebreak---                            Article 3                                                    Article 6
                                                             The Commission shall keep an account of the shares
 1. If 90 % or more of a Member State’s initial share as     opened by the Member States pursuant to Articles 2 and 3
specified in Article 2 (1), or 90 % of that share minus the  and, as soon as it is notified, shall inform each Member
portion returned to the reserve where Article 5 has been     State of the extent to which the reserve has been used up.
 applied, has been used up, then, to the extent permitted by
the amount of the reserve, that Member State shall           It shall inform the Member States, not later than 5 October
forthwith, by notifying the Commission, draw a second         198 7, of the amount in the reserve after quantities have
share equal to 15 % of its initial share, rounded up where    been returned thereto pursuant to Article 5.
necessary to the next unit.
                                                              It shall ensure that the drawing which exhausts the reserve
                                                              does not exceed the balance available and, to this end,
 2. If, after its initial share has been used up, 90% or notify the amount of that balance to the Member State
 more of the second share drawn by a Member State has making the last drawing.
 been used up, then that Member State shall, in accordance                               Article 7
 with the conditions laid down in paragraph 1, draw a third
 share equal to 7,5 % of its initial share.'                   1. The Member States shall take all measures necessary to
                                                              ensure that additional shares drawn pursuant to Article 3
                                                              are opened in such a way that imports may be charged
 3. If, after its second share has been used up, 90 % or without interruption against their accumulated shares of
more of the third share drawn by a Member State has been the tariff quota.
used up, that Member State shall, in accordance with the
conditions laid down in paragraph 1, draw a fourth share 2. The Member States Shall ensure that importers of the
equal to the third.                                           products in question have free access to the shares allocated
                                                              to them.
                                                              3. The Member States shall charge the imports of the
This process shall continue until the reserve is used up.     products concerned against their shares as and when the
                                                              products are entered with customs authorities for free
                                                              circulation.
4. By way of derogation from paragraphs 1, 2 and 3, a
Member State may draw shares smaller than those fixed in 4. The extent to which a Member State has used up its
those paragraphs if there are grounds for believing that share shall be determined on the basis of the imports
they might not be used up. It shall inform the Commission
                                                              charged in accordance with paragraph 3. ·
of its reasons for applying this paragraph.
                                                                                        Article 8
                           Article 4
                                                             At the Commission’s request, the Member States shall
                                                             inform it of imports actually charged against their shares.
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198?,                                                           Article 9
                           Article S                         The Member States and the Commission shall cooperate
                                                             closely tp ensure that this Regulation is complied with.
The Member States shall return to the reserve, not later                                Article 10
than 1 October 1987, such unused portion of their initial                                                                _
share as, on 15 September 1987, is in excess of 20 % of the This Reguiati0n shall enter into force on 1 January 198 ( .
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 1987, of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserves.
                  States. ^ atl° n Sha11 be blndmg “ lts entirety and directly applicable in all Member
                  Done at Luxembourg,
                                                                                        For the Council
                                                                                         The President