CELEX: 51973PC1690
Language: en
Date: 1973-10-10
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of a Community tariff quota for dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, in immediate containers of a net capacity of 15 kg or less (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1690
Vol. 1973/0288
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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
                                                          COM(73)1690 final
                                                          Brussels , 10 October 1973
                                   PROPOSAL FOR A
                       \ REGULATION (EEC ) OF THE COUNCIL
               on the opening , allocation and administration of a
                 Community tariff quota for dried grapes falling
            within subheading 08.04 B I of the Common Customs Tariff ,
                    in immediate containers of a net capacity
                                 of 15 kg or less
                   (submitted to the Council "by the Commission)
  COM(73) 1690 final
 ---pagebreak---                              EXPLANATORY MTMORANDUH
1 • The draft Regulation annexed hereto concerns the non-discriminatory
    Community tariff quota, for dried grapes provided for in the first
    paragraph of Article II of the Trade Agreement betxveen the -European
    Economic Community and Iran .   These measures stipulate that the
    Community shall open annually , and shall allocate among the Member
    States on conditions to he fixed by it ^ a non-discriminatory Community
    tariff quota for dried grapes in immediate containers of a net capacity
    of 15 kg or less , of a volume equal to 15i° of annual imports from
    non-member countries not associated with the Community , "based on the
    latest available statistics .
    Furthermore , the second paragraph of the same Article , amended by the
    Council Decision of 3 October 19^7 ( Official Journal of the European
    Communities No 309 , 19 December 1 9^7 ) gives quota duty at 1.2L/o.
2 . The abovementioned Agreement is due to expire on 30 November next , but
    as its renewal will probably be requested by the Government of Iran ,
    it seems advisable to draw up straight away a proposal on the tariff
    quota in question for the period 1 December 1973 to 30 November 1 974 •
3 . The tariff quota in question was last opened by Regulation (EEC )
    ITo 2435/72 of 29 November 1 972 ( OJ No L 269 , 30 November 1 972 ) to
    cover the period 1 December 1972 to 30 November 1973 .
    Since the new Member States are under no obligation , as regards the
    product in question , to align their own customs tariff duties on those
    of the Common Customs Tariff before 1 January 1 974 7 it was specified
    in that Regulation that the new Member States did not have to participate
    in use of the tariff quota opened and that products imported from
    those Member States to the Community as originally constituted should
    be counted against the shares allocated to the Member States of the
    Community of the Six .
 ---pagebreak---                                       « 2 -
   Since these circumstances will remain valid until 31 December 1973 , the
                                 *          . > .
   draft Regulation annexed hereto contains the same provisions for the
   period betxveen 1 and 31 December 1973. and provides for participation
   by the new Member States only from 1 January .1974 , to cover such of
   their import needs as cannot be satisfied under some other import
   arrangements .                  t,
4. Since the Community tariff quota in question is of a relatively low
   volume in relation to total Community imports and since there is no
   doubt that it will be exhausted in a short time in all the Member
   States t the allocation of individual quotas to all Member States on
   a definitive basis in proportion to their imports over the same
   reference period would not seem to detract from the Community nature
   of the tariff quota in question .   Such a solution has already been
             f       ,              '             ' .!
   applied in similar cases , and each Member State has been left to choose
   its method of administering its quota .
 ---pagebreak---                                     Draft
                    REGULATION ( EEC ) OF THE COUNCIL
          on the. opening, allocation and administration of a
          Community tariff quota for dried grapes falling within
          subheading 08.04 B I of the Common Customs Tariff, in
          immediate containers of a net capacity of 15 kg or less
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Articles 43 and 113 thereof ;
Having regard to tho proposal from the Commission ;
Having regard to the Opinion of the European Prrliament ;
                                             1
Whereas , by its Decision of                   , the Council renewed , for
the period 1 December 1973 to 30 November 1974 > the Trade Agreement
between the European Economic Community and Iran , signed at Brussels
on 14 October 1963 and amended by the exchange of letters of          '
8 November 1 967 j
                                  \
Whereas , pursuant to Article II of this Agreement , as amended by the
exchange of letters referred to above , the Community undertook to
open annually , and allocate among the Member States under conditions
to be fixed by it , an annual non-discriminatory tariff quota for -
dried grapes falling within subheading 08»04 B I of the Common Customs
Tariff , in immediate containers of a net capacity of 15 kg or less
at a duty of 1.2 c/o and of a volume of 15$ of annual imports into the
Community of dried grapes from non-associated third countries , on the
basis of the latest available Community statistics ;
 OJ No
 OJ No 309 » 19 December 19^7 » P » 6
 ---pagebreak---                                         2 -
Uhereas , as regards -the product in question, the new Member States do not
havo to make any movement towards alignment of their national tariffs on
the Common Customs Tariff before 1 January 1974 ? whereas , therefore , the
opening of a Community tariff quota during the period preceding that date
involves no obligation for the new Member States to modify their customs
tariffs as regards third countries ; vrhereas , consequently , for the period
from 1 to 31 December 1973 , it should be provided that only the Member
States of the Community as originally constituted should use the tariff
quota and count against their shares products imported both from third
countries and from the new Member States ; whereas the first movement by
the new Member States towards alignment of their customs tariffs on the
Common Customs Tariff involves an obligation to cover , under the Community
tariff quota in question, the import needs of those Member States over
the period 1 January to 30 November      1974 ; whereas the abovementiohed
tariff quota should therefore be opened , under the conditions defined
above , for the " period from 1 December 1973 to 30 November 1974 , at a
duty–rate of 1.2% for the Community as originally constituted , and , for
the new Member States , at a duty-rate conforming to the provisions of the
Act annexed to the Treaty concerning the Accession of new Member States
to the European Economic Community and to the European Atomic Energy
          1
Community , signed on 22 January 1972 ; whereas , as a temporary measure ,
different systems should be laid down for the Member States of the
Community as originally constituted on the one hand and the new Member
States on the other hand ;
1 0J No L 73 , 27 Mnrch 1972 ,  p. 14 .
 ---pagebreak--- Whereas , regarding tho Community as originally constituted :
– a Community tariff arrangement "based on an allocation among the
  Member States would seem to preserve the Community nature of the
  quota ; whereas to represent as closely as possible the actual
  development of the market in the product in question the allocation
  should follow proportionately imports from non–associated third
  countries into each of these Member States over a period for which
  Community statistics are fully available ; whereas , owing to the :
  opening of the Community tariff quota in question on 1 December 1 973 *
  the part of the quota volume allocated to those Member States should ,
  be fixed on the basis of the statistical data for 1971 "to the amount of
  one twelfth, and of those for 1972 to the amount of eleven twelfths ;
  whereas , over the two reference years considered , imports into those
  Member States from non-associated third countries have risen to the
  following levels :
                                                         - in metric tons -
                                                   1911                2912
  Germans'-                                       12 250              19. 302
  Bénélux                                          2 7^1               2 604
  France                                           2 933               2 905
  Italy                                              - 278 _      .       556 ,
                                              "   18 222              25 367
– Whereas , in view of these factors , the basis for calculation of the
  quota volume allocated to those Member States is 24 773 metric tons ,
  which, when the aforementioned 1 5/^ is applied , brings this volume to tho
  level of 3 716 metric tons and the quotas of those Member States to
  the following levels :
  Germany                  -            2 30J metric tons
  Benelux                                 393 metric tons
  France                                  436 metric tons       ,
  Italy                                    80 metric tons
 ---pagebreak--- – Whereas , since "the quota in question is of a relatively low volume , it
  appears feasible , without detracting thereby from the Community nature
  of the tariff quota, to provide , at this juncture , for a system of
  application based solely on allocation among the abovemcntioncd
  Member States ;
– Whereas this allocation seems feasible on the basis of the figures
  appearing in the table above ;
– Whereas , in this case , in view of the relation between the quota
  volume and the import needs of the Member States in question, the
  quotas forming the Community tariff quota allow equal access for
  importers to the Community tariff quota; for this sane reason it
  seems desirable to leave those Member States the choice of a system
  for tho administration of their quota, all the more since it is
  probable that this quota volume will be exhausted in a short time ;
– Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
  and tho Grand-Duchy of Luxembourg are jointly represented t>y the
  Benelux Economic Union, any measure concerning tho administration of
  the quotas allocated to that Economic Union may be carried out by one
  of its members ;
Whereas , with particular reference to the new Member States :
– owin^ to the participation of these Member States , from 1 January 1974 }
  in application of the tariff quota in question, the part of the quota
  volume allocated to them should be fixed solely on the basis of data
  for 1972 , to the amount of eleven twelfths ; whereas during that
  reference year , imports from non-associated third countries have risen
  in those Member States , to the following levels :
                                                       in metric tons -
  Dcnninrk                                              3 173
  Ireland                                               2 803
  United Kingdom                                      43 789
                                                      49 770
 ---pagebreak---                                      - 5
– Whereas , in view of "these factors , the "basis for calculation of the
   quota volume allocated to those Member States is 45 623 metric tons ,
   which, when the aforementioned 15fo is applied , Tarings this volume to
   the level of 6 843 metric tons ajid the quotas of those Member States
   to the following levels :
                    Denmark                          437 metric tons
                     Ireland                         385 metric tons
                    United Kingdom                 6 021 metric tons
– Whereas the quota duties are to be determined "by the . new Member States
   in accordance with the provisions of the Act mentioned above , and in
   particular with those of Article 595
– Whereas equal and continuous access to the quota should be ensured
   for all importers • and the rate of duty for the quota should be applied
   consistently to rll imports of the product in question until the quota
   is exhausted ;
HAS ADOPTED THIS REGULATION":
                                   Article 1
1,   For the period from 1 December 1973 to 30 November 1974, a Community
tariff quota of 10 559 metric tons shall be opened in the European
Economic Community for imports from third countries of dried grapes
falling within subheading 08.04 B I of the Common Customs Tariff , in
immediate containers of a net capacity of 1 5 kg or less .                 '
2 . Of this Community tariff quota, 3 716 metric tons shall be allocated
to the Community as originally constituted and 6 843 metric tons to the
new Member States .    It shall be administered in accordance \ri.th the
                         *                                         . -
following provisions :
 ---pagebreak---  PROVISIONS CONCERNING THE COMMUNITY AS ORIGINALLY CONSTITUTED :
                                     Article 2
 As regards the volume allocated to the original Member States
the Conmon Customs Tariff duty shall ha pairttally suspended
 at the level of 1 . 2/5.
                                     Article 3
 The volume of 3 716 metric tons mentioned in Article 1 (2) shall, be divided
 between the Member States- as follows :
             Germany                           2 807 metric tons
             Bénélux                             393 metric tens
             France                             '436 metric tons
             Italy                                80 metric tons
 The extent to which Member States * quotas have been used up shall be
 established on the basis of imports , of tho product in question presented
 for; customs clearance under declarations for consumption .:
   (i)  from non-member countries and new Member States for imports
        carried but during December 1973 ;
 ( ii ) from non-Httember countries only for imports carried out from
        1 January 1974 *
                                    Article 5
 The abovementioned Member States shall inform the Commission periodically
 of imports actually counted against their shares .
                                    Article 6
 Tho Member States and the Commission shall cooperate closely to ensure
 that the provisions of this Regulation are observed .
 ---pagebreak---                                       - 7 -
PROVISIONS COITCEEtTHTG THE ITEW MEMBER STATES
                                 Article   7
1.  The quota volume allocated to the new Member States under Article 1
    shall be divided between those Member States as follows :
            Denmark                          437 metric tons
            Ireland                          385 metric tons
            United Kingdom                6 021 metric tons
2«  without pre jude to the ability to make an alignment at a more rapid
    rate , as provided for under Article 59(4) of the Act of Accession,
    the new Member States shall apply , within the framework of these
    quotas , the duties indicated in column 1 of the following table ,
    in place of those applicable regarding third countries as from
    1 January 1974 » referred to in column 2 :
                                                                       Duties of third,
                                       Quota duties
                                                                          countries
     Denmark                                 0,2 %                          1, 2 %
     Ireland                        0,1574 i/ 100 kg + 0,2', $    0,1574 i/lOO kg 1- l v 2 fo
                                    0,8267 i/100 kg + 8,2 io      0,8267 4/100 kg + 9 ,?
     United Kingdom                 0,08 , i/cwt + 0,2 io         0,08 i/cut + 1,2. fî
                                    0,16 t/cwt + 0 , 2 io         0,16 ï/cwt + 1,2 fi
                                   Article 8
Articles 4 » 5 and ° shall apply to the new Member States .    Imports into these
Member States that are exempt from customs duties under some other preferential
tariff system may not , however , be counted against the quotas allocated pursuant
to this Regulation.
 ---pagebreak---                                 Article 9
This Regulation shall enter into force on 1 December 1973 *
This Regulation shall be "binding in its entirety and directly applicabl
in all Member States .
Done at Brussels .                        For the Council
                                          The President