CELEX: 51977PC0082
Language: en
Date: 1977-03-17
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, originating in Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 82
Vol. 1977/0032
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77)82 Final .
                                                 Brussels , 17 March 1977
                          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 Turkey
         ( submitted to the Council by the Commission)
  CGM(77 ) 82 final
 ---pagebreak---                              Exolanatory mémorandum
  1 . Article 13 of Council Regulation ( EEC ) No .../ 77 of             1977
  on the irriDorts into the Community of certain agricultural products
                          1
  originating in Turkey , which will probably enter into force on 1 May
  1977 , provides for the opening , for apricot pulp falling within sub­
  heading ex 20.06 B II 1 aa ) of the Common Customs Tariff , originating
  in Turkey , of an annual Community tariff quota of 90 tonnes , at a rate of
  duty corresponding to 70% of the customs duties actually applied in
  respect of non-member countries .
       Under Article 2 of the Interim Agreement concluded pending the entry
                                                                              2
  into force of the Additional Protocol signed at Ankara on 30 June 1973 ,
  the rates to which the new Member States are to apply the reductions are
  those which they apply at any given moment in respect of non-member countries .
  2 . The purpose of this proposal is to open the quota in question for the
 period from 1 May to 31 December 1977, for a volume which , a pro rata
 tempor i s clause , corresponds to two thirds of the annual volume , namely
 60 metric tons .
 3 . It should be pointed out that the allocation of the quota volume among
 the Member States must , in accordance with the principles normally applied ,
be based on past and foreseeable imports of the Member States , originating
 in or coming from Turkey .
      Imports of these products from Turkey have , however , been negligible
or non-existent in recent years .      Furthermore , the Member States cannot
provide any forecasts for 1977 .
      Consequently , in order to avoid excessive fragmentation of the quota
volume , the Commission considers that the entire quota volume should be
held in a Community reserve and that provision should be made for Member
States to draw from this reserve the quantities needed to meet requirements
which arise .
1
  0J No L ...,          1977, p. ..                                mm / m m m
20J No L 277, 3.10.1973, p. 2 .
 ---pagebreak---      In order to ensure better use of the quota and as uniform
application as possible of the Common Customs Tariff , it is proposed
that it should be compulsory to return to the reserve , at a given moment ,
that part of a quota share drawn from the reserve which is found to exceed
requirements .
4.   In addition , in order to facilitate the checks which the Commission
must effect under the treaties , Article 9 of the proposal requires Member
States to forward to the Commission within a certain period determined
by the Commission a copy or photocopy of the provisions which they have
made concerning this tariff measure .
 ---pagebreak---                                                 Proposai for
                                  COUNQL REGULATION (EEC) "
             opening, allocating and providing tor the administration of a Community tariff quota
             for apricot pulp falling ipitHn subheading ex 20.06 B S c) 1 aa) of die Common
                                    Customs Tariff, originating in Turkey
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to rhe Treaty establishing the Euro­
pean Economic Community, and in particular Articles
 43 and 113 thereof,
Having regari" to the proposal from the Commission,
Having regard to the opinion of rhe European
Parliament ,
Whereas Article 13 of Council Regulation ( EEC ) No ... 177 of                                      1977
on imports into the Community of certain agricultural products originating
              1
in Turkey       provides for the opening by the Community of an annual Community
tariff quota of 90 tonnes for apricot pulp falling within subheading ex 20.06
B II c ) 1 aa ) of the Common Customs Tariff , originating in Turkey ;                              whereas
the customs duties applicable within the limits of that tariff quota correspond
to 70% of the customs duties actually applied in respect of non-member countries
whereas the tariff quota in question should therefore be opened , for a volume
for the period 1 May to 31 December                    1977 of 60 tons ;      whereas , with regard
to the new Member States , it should be noted that Article 2 of the Interim
Agreement concluded pending the entry into force of the Additional Protocol
                                               2
signed at Ankara on 30 June 1973                  lays down that the reductions in customs
duties which are provided for pursuant to the Association Agreement shall
be applicable in the new Member States , in accordance with the percentages
and timetable laid down , upon the entry into force of that Agreement ;
whereas the rates to which the new Member States shall apply those reductions
shall be those which they apply at any given moment to non-member countries ;
                                                                                            • • e t • « •
  0 J No L m • m m f • mmmmmmf p * • • •
 "0J No L 277, 3.10.1973 , p. 2 .
 ---pagebreak---                                                       - 2 -
   Whereas it is in particular necessary to guarantee all
   importers of rhe Community equal and uninter­
   rupted access to the quota and uninterrupted appli­
   cation of the rat<®laid down for that quota to all im­
   ports of rhe product in question intot he 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
   rhe tariff quota among the Member States; whereas,
   to reflect most accurately rhe actual development of
   the marker in the products in question, such allo­
   cation should be in proportion to the requirements of
   rhe Member States, assessed by reference both to the
   statistics relating to imports from Turkey°ver a
    representative reference period and to the economic
    outlook for the quota period concerned ;
    Whereas, during the last three years for which sta­
    tistics are available, the corresponding imports of
  each Member State from Turkey have been negligible or non-existent ;
whereas those data cannot therefore be considered as representative
to serve as a basis for allocation of the quota volume among the
Member States ; whereas it is difficult to estimate imports by Member
States for 1977 because of the absence of truly representative figures
for previous years ; whereas owing to the small volume of the tariff
quota , the allocation thereof among the Member States would result in
the fixing of such small quota shares that they would not be considered as
commercially viable ; whereas , consequently , the only solution seems to be
allocate the entire quota volume to the Community reserve and to make
provision for Member States to meet requirements they may have by drawing
appropriate quantities from that reserve ; whereas quota shares thus drawn
from the reserve must be valid until the end of the quota period ;
Whereas              this form of administration requires
 close collaboration between Member States and the
  Commission, and the Commission must be in a posi­
  tion to follow the extent to which the tariff quotas
  have 'been used up and inform the Member States'
  thereof;
  Whereas if, at a given date in the quota period, a con­
  siderable quantity of a quota share remains in any
  Member Titate, it is essential that chat State should
  return a significant proportion to the reserve in order
  to avoid part of the Community quota remaining un­
  used in one Member State when it could be used in
  orhers;
  Whereas, since ehe Kingdom of Belgium, the King­
  dom of the Netherlands and the Grand Duchy of
  Luxembourg are united in and represented by the
  Benelux Economic Union, any measure concerning
  the administration of the quota shares allocated to
  that economic union may carried out by any of its
  members,
 ---pagebreak---   HAS ADOPTED THUS REGULATION :
                          Article 1
  1 . From 1 May        until 31 December 1977, a Com­
 munity tariff quota of 60          metric tons shall be
 opened in the Community for apricot pulp failing
within subheading ex 20.06 B II c) 1 aa) of the
Common Customs Tariff, originating in Turkey .
2. Wi rhin the limits of this tariff quota, the Common
Custi.Tis Tariff duty applicable to these products
 shall be temporarily reduced to (suspension )
 to a rate of 11.9% .
 3 . Wirhin the limits of this tariff quota, die new
 Member States shall apply duties calculated in ac­
 cordance with the relevant provisions of the
 Act of Accession , the Interim Agreement
 and Regulation ( EEC ) No .../ 77 .
                        Article 2
 1 . The tariff quota referred to in Article
 shall be allocated to the Community reserve
 2 . If a need arises in a Member State for
these products , that Member State shall dra
 an appropriate quota share from the reserve
thus constituted , insofar as the amount of
the reserve permits .
                          Article 3
Any quota                      shares drawn pursuant to
  Article 2 shall be valid until 31 December 1977.
                          Article 4
 The Member States shall, not later than 1 October
  1977, return to the reserve the unused portion of their
quota          share which, on 15 September 1977, is
 in excess of 20% of the initial amount. They may
 return a greater portion if there are grounds for be­
 lieving that such portion may not be used in full.
The Member States shall, not 'later than 1 October
 1977, notify the Commission of the total imports
of the products concerned effected under the Com­
 munity quota up tc and including 15 September 1977,
 and where appropriate, the proportion of their
quota shares that they are returning to the reserve.
 ---pagebreak---                             Article 5
  The Commission shall keep account of the C|UOt3 shares
  opened 'by rhc Member States in accordance with
   Articles 2        and shall inform each of them of the
  extent to which the reserve has been used- as soon as
   it receives the notifications.
  The Commission shall, not later chan J October 1977,
  notify die Member States of rhe state of the reserve
  after the return of quota shares pursuant to Article 4 .
  The Commission shall ensure chat any drawing
  which uses up the reserve is limited to the balance
  available and, for this purpose, shall" specify the
  amount thereof to the Member State which makes
  the final drawing.'
                            Article 6
  1 . The    Member States shall      take  all  measures
  necessary to ensure thatthe quota shares drawn
  pursuant to Article 2 are opened in such a way that
  charges may be made without interruption against
  their accumulative shares of the Community quota.
  2. Member States shall ensure that importers of the
  said products established in their territory have free
  access to the quot a shares allocated to them .
• 3. The Member States shall charge imports of the
  said goods against their quota shares as and when such
  goods are entered for home use under cover of a
  declaration that rhey have 'been made available for
  consumption.
  4. The extent to which a Member State has used up i t S quot a
        share shall be determined on the basis of the
   imports charged in accordance with paragraph 3.
                            Article 7
   On receipt of a request from the Commission, Mem­
   ber States shall inform it of imports actually charged
   against their quota shares .
                            Article g
  The Member States and the Commission shall co­
  operate closely in order to ensure that this Regu­
  lation is observed.                  -        .
 ---pagebreak---                        Article 9
        The Member States shall forward to the 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 10
       This Regulation shall enter into force on 1 May 1977 .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                                 For the Counci I
                                                    The President