CELEX: 51980PC0543
Language: en
Date: 1980-10-10
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried figs, falling within subheading ex 08.03 B of the Common Customs Tariff and originating in Spain (1981)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff and originating in Spain (1981) (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 543
Vol. 1980/0176
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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(80)543 final
                                                        Brussels , -froth October 1980
                              Proposal for a
                        COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of
        a Community tariff quota for dried figs , falling within
        subheading ex 08.03 B of the Common Customs Tariff and
                        originating in Spain ( 1981 )
                              Proposal for a
                        COUNCIL REGULATION (EEC )
        opening , allocating and providing for the administration of
        a Community tariff quota for dried grapes , falling within
        subheading 08.04 B I of the Common Customs Tariff and
                        originating in Spain (1981 )
           >V
               X
               ( Presented "by the Commission to the Council )
  ν
              / S/'
   ......
     CCtë(80 ) 543 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . The Agreement between the European Community and Spain provides for the
     opening of Community tariff quotas for the importation into the Community
     of th » following products , originating in Spain , at the quota duties
     specified below :
CCT Heading N°        Product             Annual Volume            Quota Duty
ex 08.03 B         Certain dried figs           200 t-        30 X of the CCT duty
     08.04 B I     Certain dried grapes       1 700 t         Exempt
 2 . From 1 July 1977 the quota volume for dried grapes has been increased
     1900 tonnes .
                          /       ' .
 3 . The Regulations provide, in the usual way, for the splitting up of the
      tariff volumes into two parts , the first of which will be allocated
      among the Member States as quota shares and the second will be kept
      as  a reserve .
 4. The allocation of the first parts of the quotas has been undertaken
      according to the rules generally applied hitherto.
  5. The proposed Regulation provide for a single method of administration
       to be applied by all Member States namely the "as and when" method .
   Annexes : 2 proposals for, regulations of the Council .
 ---pagebreak--- ■The tariff quota concerned might be modified in the context of the
 present negotiations with the contracting country in view of the
 conclusion of an Adaptation Protocol to the abovementioned Agreement .
 Awaiting the results , the proposed Regulation permit the respect of
 the engagements contracted by the Community .
 Also it is possible that the Commission modify the proposal during the
 procedure , if necessary , to adapt it to the Adaptation Protocol .
 ---pagebreak---                                               . PROPOSAL FOR A                           t , AM' ANNEX A.
                                         COUNCIL REGULATION (EEC) Nt                  / 80
                                                     of
                 opening, allocating and providing for the administration of a Community tariff quota for
                dried figs, falling within subheading ex 08.03 B of the Common Customs Tariff and
                                                  originating in Spain ( 198 ^)
, THE COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113
  thereof,
  Having regard to the proposal from the Commission,                            -
   whereas an Agreement between the European
   Economic Community and Spain C1 ) was conc L Uded
  on 20 JiLy 1970 ;              whereas the Community has
  engaged itself /to open an annual Community
       tariff quota of 200 tonnes of dried figs falling within                    /Tinder this Aarpem^nt-
       subheading ex 08.03 B of the Common Customs Tariff,                          U er 1015 9emenl
       originating in Spain and imported in immediate
       packings of a net capacity of 15 kilograms or less;
       whereas the duty to be applied under the quota has
       been fixed at 30 % of the Common Customs Tariff
       iduty; v/hereas this Community                                       x
     tariff quota should be opened for 1981 ;                .      .
      Whereas it is in particular necessary to ensure for all
      Community importers equal and uninterrupted access
      to the abovementioned quota and uninterrupted
      application of the rates laid down for that quota to all
      imports of the products concerned into all Member
      States until the quota has been used up; whereas, having
      regard to the above principles, the Community nature
      of the quota can be respected by allocating the
      Community tariff quota among the Member States;
      whereas, in order to reflect as accurately as possible the
       true trend of the market in the products in question,
       such allocation should be in proportion to the
       requirements of the Member States, calculated by
       reference to the statistics for imports from Spain over a
       representative reference period and also to the economic •
       outlook for the quota period in question;
       (1) OJ No L 182, 16. 8. 1970, p. 2.
 ---pagebreak--- Whereas, during the last three years for which statistics
are available, the corresponding imports by each of the
Member States represent the following percentages of
tha impart* into th< fctamHWRlfy ffMiVi Spain nf
products concerned:
            Member States                  1977       1978 1979
Bénélux                                               –    8,0
Denmark
Germany                      ~             100  •    96-7 86 ,0
Greece
France                                                 ?3 6,0
Ireland
Italy
United Kingdom
Whereas, in view of these factors and of the estimates
submitted by certain Member States as well as the
practical need to ensure that the obligations contracted
under the Agreement concerned are allocated fairly
among the Member States, initial quota shares may be
fixed approximately at the following percentages:
      Bénélux                                       6,7
      Denmark                                       6,7
      Germany                                     ^6/ Z
      ir^ece                                        3,3
      Ireland                        1  -    '
                                                  2 o;o
                                                    7 7
      Italy               '                         3,3
      United Kingdom                              10,0
Whereas, in ord vr to take into account import trends
for the products concerned in the various Member
States, the quota amount should be divided into two
instal .TH -nts, the first being shared among the Member
State ; rnr the second constituting a reserve to cover at a
later date the requirements of the Member States which
have used . up their initial quota shares; whereas, in
order to give importers in each Member State a certain
degree of security, the first .instalment of the
Community quota should under the circumstances be
fixed at75 % of the quota volume;
Whereas the Member States' initial shares may be used
up at different times; whereas, in order to take this fact
 ---pagebreak---                                                            - 3 -
                                                                                                 ANNEX A
into account and avoid any break in continuity, any             2 . The second instalment of 50 tonnes shall constitute
Member State which has almost used up its initial quota         the reserve.
share, should draw an additional share from the reserve;
whereas this must be done by each Member State as and
when each of its additional shares is almost used up,
and repeated as many times as the reserve allows;                                         Article 3
WliereA * the Initial mid additional shares must Bi Valid
until the end of the quota period ; whereas this method         1 . If 90 % or more of a Member State 's Initial share as
of administration requires close cooperation between            specified in Article 2 ( 1 ), or 90 % of that share minus
the Member States and the Commission, and the latter            the portion returned to the reserve where Article 5 has
must be in a position to monitor the extent to which the        been applied, has been used up, then, to the extent
quota volume has been used up and to inform the                 permitted by the amount of the reserve, that Member
Member States thereof;                                          State shall forthwith, by notifying the Commission,
                                                                draw a second share equal to 15 % of its initial share,
Whereas if, at a given date in the quota period, a              rounded up where necessary to the next unit.
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       2. If, after its initial share has been used up, 90 % or
a part of any tariff quota from remaining unused in one         more of the second share dr,awn by a Member State has
Member State when it could be used in others ;                  been used up, then that Member State shall, in
                                                                accordance with the conditions laid down in paragraph
Whereas, since the Kingdom of Belgium, the Kingdom              1 , draw a third share equal to 7-5 % of its initial share,
of the Netherlands and the Grand Duchy of                       rounded up where necessary to the next unit.
Luxembourg are united in and represented by the
Benelux Economic Union, any operation relating to the
administration of the quota shares allocated to that            3 . If, after its second share has been used up, 90 % or
economic union may be carried out by any of its                 more of the third share drawn by a Member State has
members,                                                        been used up, that Member State shall, in accordance
                                                                with the conditions laid down in paragraph 1 , draw a
                                                                fourth share equal to the third.
 HAS ADOPTED THIS REGULATION:
                                                                This process shall continue until the reserve is used up.
                          Article 1
                                                                4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                Member State may draw shares smaller than those fixed
 From 1 January to 31 December 1981 the Common                  in those paragraphs if there is reason to believe that
 Customs Tariff duty in respect of dried figs falling           they might not be used up. It shall inform the
 within subheading ex 08.03 B, originating in Spain and         Commission of its reasons for applying this paragraph.
 imported in immediate packings of a net capacity not
 exceeding 15 kilograms shall be partially suspended at
 3 % within the limits of a Community tariff quota of
 200 tonnes.                                                                              Article 4
Within the Limits of this tariff quota ,                        The additional shares drawn pursuant to Article 3 shall
Greece whall apply customs duties cal­                          be valid until 31 December 198 1 . .
culated in accordance with the relevant
provision* in the Act of Accession­
                                               • *
                                                                                          Article S
                          Article 2                             The Member States shall return to the reserve, not later
                                                                than 1 October 1981, such unused portion of their
  1 . A first instalment, amounting to 1 50tonnes of the        initial shares as, on 15 September 1981 , is in excess of
                                                                20 % of the initial volume. They may return a larger
 Community tariff quota referred to in Article 1, shall be      quantity if there are grounds for believing that this
 shared among the Member States, the respective shares          quantity may not be used.
 which, subject to Article 5, shall be valid until 31
  December 19? % shall be as follows:
                                                   tonnes       The Member States shall notify the Commission, not
                                                                later than 1 October 1981 , of the total quantities of the
       Bénélux                                     . 10
                                                                products in question imported up to 15 September 1981
       Denmark                                       10
       Germany
       Greece
       France
                                                     ,1
       Ireland                                        5
                                                      5
       Italy
                                                     15
       United Kingdom
 ---pagebreak---                                                              -  L  -                                 ANNEX A
  and charged against the tariff quota and of any quantity         2. The Member States shall ensure that importers of
  of the initial shares returned to the reserves.                  the products in question established in their territory
                                                                   have free access to the shares allocated to them.
                                                                   3 . The Member States shall charge the imports of the
                           Article 6                               prSdiifets eoneerned against their shares as and When the
                                                                   products are entered with customs authorities for free
 The Commission shall keep an account of the shares                circulation.
 opened by the Member States pursuant to Articles 2 and
 3 and, as soon as it is notified, shall inform each State         4. The extent to which a Member State has used u£ its
 of the extent to which the reserve has been used up.              share shall be determined on the basis of the imports
                                                                   charged in accordance with paragraph 3 .
  It shall inform the Member States , not later than
 5 October 1981', of the amount in the reserve after
  quantities have been returned thereto pursuant to                                         Article 8
 Article 5 .
                                                                   At the Commission's request, the Member States shall
  It shall ensure that the drawing which exhausts any              inform it of imports actually charged against their
 reserve does not exceed the balance available and, to             shares.
 this end, notify the amount of that balance to the
  Member State making the last drawing.
                                                                                            Article 9
                                                                   The Member States and the Commission shall cooperate
                           Article 7                                closely to ensure that this Regulation is complied with.
  1 . The Member States shall take all measures necessary
'to ensure that additional shares drawn pursuant to                                         Article 10
 Article 3 are opened in such a way that imports may be
 charged without interruption against their accumulated             Tins Regulation shall enter into force on 1 January
 shares of the tariff quota.                                        1981'.
                 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
                                           T^CTOSP)/. VCfZ R
                                         COUNCIL REGULATION (EEC) No .                / 80
                                                   of
                opening, allocating and providing for the administration of a Community tariff quota for
                dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff and
                                               i Ofigirtâtirtjjj in Spâiii ( 1991 )
                                                            \
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,
whereas an Agreement between the European
Economic Community and Spain ( 1 ) was concluded
on 20 Jutij 1970 ;
Whereas the Community has engaged itself under this Agreement
to open - an annual Community                                       -                  '   _
 tariff quota of 1 9JO tonnes of dried grapes falling
 within subheading 08.04 B 1 of the Common Customs                            •
 Tariff, originating in Spain and imported in immediate
 packings of a net capacity of 15 kilograms or less;
  Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrupted access
  to the abovementioned quota .and uninterrupted
  application of the rates laid down for that quota to all
  imports of the products concerned into all Member
  States until the quota has been used up; whereas, having
  regard to the above principles, the Community nature ,
  of the quota can be respected by allocating the
   Community tariff quota among the Member States ;
  whereas, in order to reflect as accurately as possible the                                v
  true trend of the market in the products in question,
  such allocation should be in proportion to the                                    '
   requirements of the Member States, calculated by
   reference to the statistics for imports from Spain over a
   representative reference period and also to the economic
  outlook for the quota period in question;
  ( ' ) OJ No L 182, 16. 8 . 1970, p. 2.
 ---pagebreak---                                - 2 -                              ANNEX B
Whereas, during the last three years for which statistics
Are flvsllnllle, the e8rf»*pAndiriH irnjSQFfS by    fit (ho
Member States represent the following percentages of
the imports into the Community from Spain of the
products concerned:
          Member States                     1977    1978    1979
Bénélux        , .                         10               3  ..
Denmark                                     1               1
Germany                                     3               2-
                                          38         «     58
Ireland                                     5        32    21
Italy                                     43          4     9
United Kingdom                                         1    6
Whereas, in view of these factors and of the estimates
submitted by certain Member States, initial quota shares
may be fixed ^ approximately at the following
percentages:        - v     .
      Bénélux
                                                   9,9
      Denmark                                      1,0
      Germany
     Greece
      r rance
                                                   ^' 6
                                                 42.1
      Ireland
                                                   0,6
      Italy                                        8,0
      United Kingdom                             34.2
Whereas, in order to take into account import trends
 for the products concerned - in the various Member
States, the quota amount should be divided into two
 instalments, the first being shared among the Member
States and the second constituting a reserve to cover at a
 later date the requirements of the Member States which
 have used up their initial quota shares; whereas, in
 order tj ;;i' e importers in each Member State a certain
 degree of security, the first instalment of the
 Community quota might under the circumstances be
 fixed at 80 % of the quota volume;
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 this must be done by each Member
 ---pagebreak---                                                              - 3 -                              ANNEX B
   State as and when each of its additional shares is almost                                  Article 3
   used up, and repeated as many times as the reserve
   allows ; whereas the initial and additional shares must         1 . If 90 % or more of a Member State's initial share as
  be valid until the end of the quota period ; whereas this        specified in Article 2 ( 1 ), or 90 % of that share minus
  method of administration requires close cooperation              the portion returned to the reserve where Article 5 has
  between the Member States and the Commission, and                been applied, has been used up, then, to the extent
  the latter muit be in a position to monitor the extent te        permitted by thS amount of the reserve, that Melrtb»r
  which the quota volume has been used up and to inform            State shall forthwith, by notifying the Commission,
  the Member States thereof;                                       draw a second share equal to 15 % of its initial share,
                                                                   rounded up where necessary to the next unit.
  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        2. If, after its initial share has been used up, 90 % or
  a part of any tariff quota from remaining unused in one          more of the second share drawn by a Member State has
  Member State when it could be used in others;                    been used up, then that Member State shall, in
                                                                   accordance with the conditions laid down in paragraph
  Whereas, since the Kingdom of Belgium, the Kingdom                1 , draw a third share equal to 7-5 % of its initial share,
  of the Netherlands and the Grand Duchy of                        rounded up where necessary to the next unit.
  Luxembourg are united in and represented by the
  Benelux Economic Union, any operation relating to the
  administration of the quota shares allocated to that             3 . If, after its second share has been used up, 90 % or
  economic union may be carried" out By any of its                 more of the third share drawn by a Member State has
  members,                                                         been used up, that Member State shall, in accordance
                                                                   with the conditions laid down in paragraph 1, draw a
                                                                    fourth share equal to the third.
  HAS ADOPTED THIS REGULATION:
                                                                   This process shall continue until the reserve is used up.
                           Article 1
                                                                    4. By way of derogation from paragraphs 1, 2 and 3, a
  From 1 January to 31 December 198 -] the Common                   Member State may draw shares smaller than those fixed
  Customs Tariff duty in respect of dried grapes falling            in those paragraphs if . there is reason to believe that
  within subheading 08.04 B I, originating in Spain and             they might not be used _ up. It shall inform the
                                                                    Commission of its reasons- for applying this paragraph.
  imported in immediate containers of a net capacity not
  exceeding 15 kilograms shall be entirely suspended
  within the limits of a Community tariff quota of 1 900
   tonnes.
                                                                                              Article 4
   Within the Limits of this tariff quota /
   Greece shall apply customs duties                                The additional shares drawn pursuant to Article 3 shall
                                                                    be valid until 31 December 198 1 ,.
   calculated in accordance with the
   relevant provision ?              in the Act of
   Accession-
                                                                                              Article S
                           Article 2
                                                                    The Member States shall return to the reserve, not later
/
                                                                    than 1 October 1981 , such unused oortion of their
   1 . A first instalment amounting to 1 520 tonnes of the          initial share as, on 15 September 1981 , is in excess of
  Community tariff quota referred to in Article 1 shall be          20 % of the initial volume. They may return a larger
  shared among the Member States ; the respective shares            quantity if there are grounds for believing that this
  which, subject to Article 5, shall be valid until 31              quantity may not be used.
  December 198 1, shall be as follows:                   • ,
                                                  tonnes
                                                                    The Member States shall notify the Commission, not
         Benelux                                    150              later than 1 October 19$ , of the total quantities of the
         Denmark                                      15             products in question imported up to 15 September 198 1
       • Germany                                     55              and charged against the tariff quota and of any quantity
        Greece                                                       of the initial shares returned to the reserves.
         rrance                                     4°
         Ireland                                     10
         Italy                                      120
         United Kingdom                             520
  2. The second instalment of 380 tonnes shall constitute
  the reserve.
 ---pagebreak---                                                                  - 4 -                                  ANNEX B
                           Article 6                              3 . The Member States shall charge the imports of the
                                                                  products concerned against their shares as and when, the
  The Commission shall keep an account of the shares              products are entered with customs authorities for free
• opened by the Member States pursuant to Articles 2 and          circulation.
  3 and , it toon as it is notified, shall inform each State
  of the extent to which the reserve has been used up.            4, The extent ta whieh a Member State hai uaed up ita
                                                                  shares shall be determined on the basis of the imports
  It shall inform the Member States, not later than 5-            charged in accordance with paragraph 3. -
  October 198 1 of the amount in the reserve after
  quantities have been returned thereto pursuant to
  Article 5 .
                                                                                          Article 8
  It shall ensure that the drawing which exhausts the
  reserve does not exceed the balance available and, to           At the Commission's request, the Member States snail
  this end, notify the amount of that balance to the              inform it of imports actually charged against their
                                                                  shares.
  Member State making the last drawing.               •
                           Article 7                                                      Article 9                        _
  1 . The Member States shall take all measures necessary         The Member States and the Commission shall cooperate
 to ensure that additional shares drawn pursuant to               closely to ensure that this Regulation is complied with.
 Article 3 are opened in such a way that imports may be
 charged without interruption against their accumulated
 shares of the Community tariff quota.
                                                                                          Article 10
 2. The Member States shall ensure that importers of
 the products in question established in their territory          This Regulation shall enter into force on 1 January
 have free access to the shares allocated to them.                1981
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels.
                                                                                     For the Council
                                                                                      The President
                                                                                     M. O'KENNEDY
 ---pagebreak--- FICHE FINANCIERE
                                                         Date :
1 . Ligne budgétaire concernée : Chap . 12 art . 120
2 . Base juridique : Art . 113
S. Intitulé de la mesure tarifaire s
    Proposition d' un Règl . ( CEE ) du Conseil portant ouverture / répartition
    et mode de gestion d' un contingent tarifaire communautaire de figues
    sèches / de la sous-position ex 08.03 B du tarif douanier commun /
    originaires d' Espagne ( année 1981 ).
    Proposition d' un Règl . ( CEE ) du Conseil portant ouverture / répartition
    et mode de gestion d' un contingent tarifaire communautaire de raisins
    secs / de la sous-position 08.04 BI du tarif douanier commun / originaires
    d' Espagne ( année 198 'j ).
4 . Objectif :
    Exécution d' une obligation contractuelle                         j
    (Accord CEE/ Espagne),
5 . Mode de calcul :
    - N° du T.D.C.             >        î  ex 08.03 B            ' 08.04 BI
    - Volume des dontingents            :     200 t                1.900 t
    - Droits à appliquer             t  :        3 %               exemption
    - Droits du T.D.C.                  :       10 %                 4 X
6 . Perte de recettes î      .
    La même mesure tarifaire est appliquée en 1980 donc pas de perte de
    recettes pour l' exercice 1981 < 115.000 UCE environ).