CELEX: 51977PC0243
Language: en
Date: 1977-06-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1) aa) of the Common Customs Tariff, originating in Israel (year 1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 243
Vol. 1977/0087
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(77)243 final
 i                                                Brussels . 8 June 1977
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                                                                                V
                                  Proposal for a
                       : REGULATION (EEC ) OF THE COUNCIL
    opening, allocating and providing for the administration of
    a Community tariff quota for apricot pulp falling within
    subheading ex 20.06 B II o ) 1 ) aa ) of the Common Customs
    Tariff , originating in Israel (year 1978 ) v
        ( submitted to the Council by the Commission)
                                                                 /  •
                                                I
 COK(77 ) 243 final
 ---pagebreak---                                Explanatory memorandum
 1.   The Agreement between the European Economic Community and the State of
      Israel provides in Article 10 of Protocol No 1 annexed thereto for the
      opening of an annual Community tariff quota for the importation into
      the Community of 150 metric tons of apricot pulp , originating in
      Israel , falling within subheading ex 20.06 B II c ) 1 aa ) of the Common
      Customs Tariff .
      The customs duties applicable within the limits of this quota are
      equal to 70% of the duties actually applied to non-member countries .
     Accordingly the tariff quota in question has to be opened for 1978 .
2.   The proposal for a Regulation opening this tariff quota makes
     provision , as is usual , for the division of the quota volume into two
     tranches , the first of which is allocated by shares to the Member
     State , while the second constitutes a reserve .
      It does not seem possible , in this case , to base the allocation of the
     first tranche on the rules generally applied , that is , to relate the
     total imports by each Member State during the past three years to the
     Community imports over the same period and to apply for each Member
     State the resulting percentages to the volume of the first tranche .
     As over the course of the last ten years the Member States have
     imported the goods only occasionally if at all , an allocation scale
     based on estimates put forward by some Member States and on the need
     to allocate the quota volume fairly among the Member States appears
     suitable .
3.   The form of administration to be applied by all the Member States is
     the "grey-hound- system".
4.   The Member States' experts who participated in the consultative
     meeting of the "Economic Tariff problems " Group ( 13 / 14 April 1977 )
     expressed agreement in principle to the scheme for allocation of
     shares proposed by the Commission in the framework of the regulation
     annexed .
5.   It is proposed that the proposal for a Council Regulation opening the
     Community tariff quota described in paragraph 1 above be approved .
ANNEX :
1 proposal for a Regulation (EEC) of the Council .
 ---pagebreak--- i
                                                 Proposal for a
                                       COUNCIL REGULATION (EEC)
                opening, allocating and providing for the administration of a Community tariff quota
                 for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common
                                        Customs Tariff, originating in Israel (1978)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      representative reference period and to the economic
                                                                outlook for the quota period concerned;
   Having regard to rhe Treaty establishing the Euro­           Whereas, during the last three years for which sta­
  pean Economic Community, and in particular Articles           tistics are available, the corresponding imports of
  43 and 113 thereof,                                           each Member State represent the following percent­
                                                                ages as against the imports into rhe Community from
  Having regard to the proposal from the Commission,            Israel of the products concerned :
                                                                                                        1974      1975   1976
  Having regard to the opinion of the European
  Parliament ( ' ),
                                                                Bénélux                                100                1*4
                                                                                                    (= 2.5 •)
  Whereas the Agreement between the European Econ-'             Denmark
  omic Community and rhe State of Israel (*), signed
  on 11 May 1975 provides, in Article 10 of Protocol 1          Germany                                                ' 57.1
  annexed thereto, for the opening by the Community             France                                                   41.5
  of an annual Community tariff quota of 150 metric
  tons of apricot pulp falling within subheading ex             Ireland
  20.06 B II c) 1 aa) of the Common Customs Tariff,             Italy
  originating in Israel ; whereas the customs duties
  applicable to the quota are equal to 70% of the               United Kingdom
  customs duties actually applied to non-member
  countries ; whereas the Community tariff quota in
  question should therefore be opened for 197 8;                n metric tons.
  Whereas it is in particular necessary to ensure to all        Whereas these data cannot be considered as represen­
  importers of rhe Member States equal and uninter­             tative to serve as a basis for allocation of the quota
  rupted access to the quota and uninterrupted appli­           volume among the Member States; whereas k is
  cation of the rate laid down for that quota to all im­        difficult to estimate imports by Member States for
  ports of rhe product in question into all Member              1978 because of the absence of any pattern in pre­
  States until the quota has been used up; whereas              vious years; whereas to allocate the quota volume on
  having regard to the above principles the Community           a fair basis, rhe initial quota shares may be fixed
  nature of the quota can be respected by allocating            approximately at the following percentages:
   the tariff quota among rhe Member States; whereas,
   to reflect most accurately the actual development of                 Bénélux                               7-5
   the marker in the products in question, such allo­
  cation should be in proportion to the requirements of                 Denmark                               42
  rhe Member States, assessed by reference both to the                  Germany                              41-6
  statistics relating to imports from Israel over a
                                                                        France                                8-3
                                                                        Ireland      t                        4-2
   (' ) OJ No
                                                                        Italy                                 4-2
   (') OJ No L 136, 28. 5. 1975, p. 3.                                  United Kingdom                       300 ;
 ---pagebreak---                                                          - 2 -
Whereas, to take account of future import trends in         within subheading ex 20.06 B II c) 1 aa) of the
the various Member States for the products con­            Common Customs Tariff, originating in Israel.
cerned, the quota volume should be divided into two
instalments, the first instalment being allocated
among the Member States and the second held as             2. Within rhe limits of this tariff quota, the Common
a reserve intended to cover at a later date the require­   Customs Tariff duty applicable to these products
ments of Member States which have used up their             shall be suspended at a rate of 11-9% .
initial share ; whereas, in order to ensure a certain
degree of security to importers of each Member
State, the first instalment of rhe Community tariff
quota could be fixed at 80% of the quota volumes;
Whereas the initial shares may be used up sooner or
later; whereas, in order to take this fact into account
and to avoid any break in continuity, it is important                                 Article 2
that any Member State which has used up almost all
of its initial share should draw a supplementary            1 . A first instalment, amounting to 120 metric tons
share from the reserve ; whereas this must be done          of the Community tariff quota referred to in Article 1 ,
by each Member State if each of its supplementary           shall be allocated among the Member States; the
shares is almost used up, and as many times as the          shares, which subject to Article 5 shall be valid until
 reserve allows; whereas each initial and supplemen­        31 December 197 & shall be as follows :
 tary share must be valid until the end of the quota
 period ; whereas this form of administration requires               Bénélux                     9 metric tons,
 close collaboration between Member States and the
                                                                     Denmark                     5 metric tons,
 Commission, and rhe Commission must be in a posi­
 tion to follow the extent to which the tariff quotas                Germany                    50 metric tons,
 have 'been used up and inform the Member States                     France                     10 metric tons,
 thereof;                                                            Ireland                     5 metric tons,
                                                                     Italy                       5 metric tons,
 Whereas if, at a given date in the quota period, a con­             United Kingdom             36 metric tons.
 siderable quantity of the initial share remains in any
 Member State, it is essential that that State should       2. The second instalment of 30 metric tons shall
 return a significant proportion to the reserve in order    constitute the reserve.
 to avoid part of the Community quota remaining un­
 used in one Member State when it could -be used in
                                                                                      Article 3
 others ;
                                                             1 . If 90% or more of any Member State's initial
 Whereas, since fihe Kingdom of Belgium , the King­         share as laid down in Article 2 ( 1 ), or 90% of that
 dom of the Netherlands and the Grand Duchy of              share less the amount returned into the reserve,
 Luxembourg are united in and represented by the            where Article 5 has been applied, has been exhausted,
 Benelux Economic Union, any measure concerning             that Member State shall 'without delay, by notifying
 the administration of the quota shares allocated to        rhe Commission, draw a second share in the quota
 that economic union may carried out by any of its          equal to 15% of its initial share, rounded up to die
 members,                                                   next unit, where appropriate, to the extent that the
                                                             amount in the reserve allows.
                                                             2. If, after its initial share has been exhausted, 90%
                                                            or more of the second share drawn by a Member
  HAS ADOPTED THIS REGULATION :                             State has been used, that Member Stare shall, in
                                                             accordance with rhe conditions laid down in para­
                                                            graph 1 , draw a third share equal to 75% of its
                                                             initial share.
                       . Article 1
                                                            3. If, after its second share has been exhausted, 90%
                                                             or more of the third share drawn by a Member State
  1 . From 1 January until 31 December 197 q a Com­          has been used, that Member State shall, in accord­
  munity tariff quota of 150 metric tons shall be            ance with the same conditions, draw a fourth share
  opened in the Community for apricot pulp falling           equal to rhe third.
 ---pagebreak---                                                                   - 3 -
 This process shall be applied until the reserve is           The Commission shall ensure that any drawing
 exh«u»te<J.                                                  whieh uses up the reserve it limited to the balance
                                                              available and, for this purpose, shall specify the
 4 Notwithstanding the provisions of paragraphs 1             amount thereof to the Member State which makes
 to 3 Member States may draw smaller shares than              the final drawing.
 those fixed in those paragraphs if there is reason to
 believe rhat these shares might not be used up. They                                  Article 7
 shall inform the Commission of their reasons for
 applying this paragraph.                                     1 . The Member States shall take all measures
                                                              necessary to ensure that supplementary shares drawn
                         Article 4                            pursuant to Article 3 are opened in such a way that
                                                             charges may be made without interruption against
 Each of the additional shares drawn pursuant to              their accumulative shares of the Community quota.
 Article 3 shall be valid until 31 December 1978.             2. Member States shall ensure that importers of the
                                                              said products established in rheir territory have free
                         Article S                            access to the shares allocated to them .
                                                              3. The Member States shall charge imports of the
The Member States shall, not later than 1 October             said goods against their shares as and when such
 1978 return to the reserve the unused portion of             goods are entered for home use under cover of a
their initial share Which, on 15 September 1978, is           declaration that they have .been made available for
in excess of 20% of the initial amount. They may              consumption.
return a greater portion if there are grounds for be­
lieving that such portion may not be used in full.            4. The extent to which a Member State has used up
                                                              its share sihall be determined on the basis of th ;
The Member States shall, not 'later than 1 October             imports charged in accordance with paragraph 3. /
1978, notify the Commission of the total imports
of the products concerned effected under the Com­
                                                                                       Article 8
munity quota up to and including 15 September 1978 ,
and where appropriate, the proportion of their
                                                               On receipt of a request from the Commission, Mem­
initial shares that they are returning to the reserve.
                                                              ber States shall inform it of imports actually charged
                                                               against their shares.
                         Article 6
                                                                                       Article 9
The Commission shall keep account of the shares
opened by the Member States in accordance with                The Member States and the Commission shall co­
Articles 2 and 3 and shall inform each of them of the         operate closely in order to ensure that this Regu­
extent to which the reserve has been used as soon as          lation is observed.
it receives the notifications.
                                                                                       Article 10
The- Commission shall, not later dhan 5 October 1978 ,
notify the Member States of the state of the reserve           The Member States shall forward to the
after the return of shares pursuant to Article 5.              Commission , within the 45 days following
                                                              the publication of this Regulation in
                                                              the Official Journal of the European
                                                              Communities , a copy or a photocopy of
                                                              the provisions they have made in order
                                                              to apply this Regulation .
                                                                                     Article 11
                                                             This Regulation shall enter into force on 1 January
                                                             1978.                      .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                                For the Council
                                                                                 The President
 ---pagebreak--- FINANCIAL     STATEMENT
1 . Budget line concerned : Ch . 12 Art . 120
2 . Legal basis : Articles 43 and 113
3 . Title of the tariff measure : Proposal for a Regulation ( EEC ) of the
    Council opening , allocating and providing for the administration of
    a Community tariff quota for apricot pulp falling within subheading
    ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff , originating in
    Israel ( year 1978).
4. Objectives : Execution of contractual obligation - Agreement EEC/ Israel -
5 . Method of calculation :
    - No of CCT        :    ex 20.06 B II c ) 1 aa )
    - Quota volume     :     '50 tonnes
    - Quota duty rate :     11.9%
    - Duty rate CCT :       17%
6. Loss of receipts : ' 900 UA to 2 400 UA according to the use . of the
                         quota ( estimate ).