CELEX: 51988PC0542
Language: en
Date: 1988-10-12
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp originating in Morocco (1989)#Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for apricot pulp originating in Tunisia or Israel (1989)#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 542
Vol. 1988/0188
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(88 ) 542 final
                                            Brussels , 12 October 1988
                               Proposal for a
                         COUNCIL REGULATION ( EEC )
    opening , allocating and providing for the administration of a
        Community tariff quota for apricot pulp originating in
                              Morocco ( 1989 )
                               Proposal for a
                         COUNCIL REGULATION ( EEC )
            opening and providing for the administration of
                Community tariff quotas for apricot pulp
                originating in Tunisia or Israel ( 1989 )
                      ( presented by the Commission )
                                    !n d
                                     rc4       '\
                                         x/v
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . The Community 's Cooperation Agreements with Morocco , Tunisia and Israel
    provide for the opening of annual Community tariff quotas for imports
    into the Community of 8 250 tonnes , 4 300 tonnes and 150 tonnes
    respectively of apricot pulp falling within CN code 2008 50 91 and
    originating in those countries .
    Within the limits of the tariff quotas customs duties are to be phased
    out over the same periods and at the same rates as provided for in
    Articles 75 and 243 of the Act of Accession .
    The tariff quotas in question should therefore be opened for 1989 .
2 . The proposal for a Regulation opening the quota for Morocco provides , as
    is usual in such cases , for the quota to be divided into two parts , the
    first being allocated among the Member States as quota shares and the
    second being held as a reserve .
 ---pagebreak---                                  - 2 -
In allocating the Initial shares of this quota , account was taken of the
fact that there have been no imports or only occasional imports into
certain Member States in recent years . Initial shares have therefore
been allocated only to importing Member States , while other Member
States are guaranteed access to the tariff quotas as and when imports
are announced .
Hie proposal for a Regulation opening the quotas for Tunisia and Israel
does not provide for such allocation of quota shares : the Member States
will draw from the quotas the amounts they require under the procedure
laid down .
The Commission proposes that the Member States administer the quotas by
charging imports "as and when" .
That is the purpose of the attached proposals (Annexes I and II ).
                                                                          Д
 ---pagebreak---                                    MEMO
These proposals assume that the Additional Protocols to the Cooperation
Agreements with Morocco and Israel are concluded and implemented by 1
January 1989 at the latest .
If this is not the case they will need to be amended accordingly .
 ---pagebreak---                                                                              ANNEX I
                                          Proposai for
                                GJim XB'JOJJiSJm (EBC) No . / 88
                                      of
    over ' ", allcoatiu^ and proviteteg for the aterteistration of a Ooranunity
            tariff quote, for apricot palp originating in Morocco ( 1369)
TIL" OteACIL OF THE EUROPEAN OCSifJlilTIh'C ,
boxing refold to the Trea’ty establisliirg the European Economic Community ,
haring relax'd to the proposal from the Comr;ission ,
teer-es tee Cooperation Agreement bsb.r-en the European Economic Community
and the Kteteom of Morocco signed on 27 April 1976 , 1 as supplemented by
ire. Ahch tictel Protocol to that Ateseme;. it , 2 provides for the opening of an
annual CoariUj.dtY tariff quota for 8 259 tonnes of aprioot pulp falling
tenonr        oc ie c-.r 2X6 50 91 and originating in Morocco ;
hiiortet , rithm the limits of that tariff quota , customs duties are to be
phase ! cut over the same periods and at the same rates as provided for in
AX* u.oler 7Z- and 213 of tee Act of Accession of Spate and Portugal ; whereas
 I–* h- A. 1 vl - d ' ‘ O- . t-     in 1969 is to be 50 , Of of the customs duty
actx'clly cx ; 0:Led in respect of non-member countries ; whereas , within the
lite.te X t.n.-; quote , prate ant ter xn te ore to apply customs duties
ea.jte teuton in eenteno vite G.xircX,. teteilatiOii ( EEC ) No           / 88 of
                  1916 tetteitetete tec cvrnnty uncus to be applied by Spain and
?oro*£al to tec.de with Morocco’^ >,                  wiiareas the Community tariff
quota in qnc tetten should teercftre be opened for 1989 ;
ifi si tes all Coiunrunity importers should be ensured equal aid. continuous
access to tie sold quota and 'tee duty rteos laid down, for the quota should
be applied consistently to all. imports of tea • cc.cci in question into all
Men -or b'ut-s until the quota is exhausted ; wriereos this can best be
ao.:..   te , utete- preserving tee Corn-unity nature of the quota , by allocating
it mote the Munjer States ; whereas in order to correspond as closely as
passible- to "he real trend c>±' tee market for the products in question the
allncaaion should reflect the requirements of the Member States based on
statistics of imports of the said products from Morocco during a
representative reference period and on the economic outlook for the quota
period in question ;
 ---pagebreak---                                                                   ANNEX I
                                     - 2 -
Whereas during the last three years for which statistics are available the
corresponding imports into each Member State were as follows :
                                           (tonnes)
Member State         1985         1986         1987
Benelux                399          240           56
Denmark                   -            -            -
Germany                   -
                                    120          172
Greece                    -            -            -
France               6 636        5 131        5 932
Ireland
Italy                    _
                                                  18
United Kingdom            –           –             –
Whereas during the last three years the products in question were imported
regularly only by certain Member States and not at all or only occasionally
by the other Member States ; whereas in these circumstances initial shares
should in the first instance be allocated only to the genuine importing
Member States , while the others should be guaranteed access to the quota
when they actually import the goods ; whereas these allocation arrangements
will ensure the uniform collection of the duties applicable ;
Whereas to allow for the trend of imports of the products in question in
the various Member States the quota should be divided into two parts , the
first being allocated among certain Member States and the second held as a
reserve to cover any subsequent requirements of Member States which have
used up their initial shares and any requirements which might arise in the
other Member States ; whereas , to afford importers in each Member State some
degree of certainty , an appropriate level for the first part of the
Community quota would , in the present circumstances , be 38% of its volume ;
Whereas the initial shares of the Member States may be -used up at different
rates ; whereas in order to avoid any break in the continuity of supplies on
 ---pagebreak---                                                                             ANNEX I
                                         - 3 -
this account a Member State which has almost used up its initial share
should draw an additional share from the reserve ; whereas this prooess
should be repeated whenever such additional or subsequent shares near
depletion , as many times as the reserve allows ; whereas each initial or
additional share 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 in particular be able to
monitor the extent to which the quotas are depleted and inform the Member
States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of a
Mauber State 's initial share remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to
the reserve in order to prevent part of the Community tariff quota from
remaining unused in one Member State when it could be used in others ;
Whereas since Belgium , the Netherlands and Luxembourg are united within and
jointly represented by the Benelux Economic Union , any operation concerning
the administration of the quota shares allocated to that economic union may
be carried out by any one of its members ,
HAS ADOPTED THIS REGULATION :
                                       Article 1
1 . From 1 January to 31 December 1989 the customs duties applicable to
    imports into the Community of the following products originating in
    Morocco Shall be suspended at the levels indicated below and within the
    limits of Community tariff quotas as shown below :
     Ser i a 1    CN code              Descript ion               Quota       Rate of
       No                                                        volane          duty
                                                                 ( tonnes )      (% )
     09.1105   ex 2008 50 91 Apricot pulp , not containing added
                             spirit or sugar , in imrediate
                                                                   8 250
                                                                                 8^5
                             packings of a net content of 4.5 kg
                             or mare
                                                                               - –
     Within the limits of th$S tariff quota. Stain and Portugal shall apply
     duties calculated in accordance with Regulation (EEC) No ... . /<3£ .
                                       Article 2
1 . The first part of the Community tariff quota referred to in Article 1 ,
    amounting to 3 135 tonnes , shall be nl located among certain Member
    States as follows :
                                                 ( tonnes )
                     Benelux                         118
                     Germany                          50
                     irance                        2 967
    Subject to Article 5 , tl±e above quota shares shall be valid until 31
    December 1989 .
 ---pagebreak---                                                                     ANNEX I
                                    - За -
2 . The second part of the quota , amounting to 5 115 tonnes , shall be held
    as a reserve .
3 . If an importer gives notification of imminent imports of the products
    concerned into another Member State and applies to take advantage of the
    quota , the Member State concerned shall , by notifying the Commission ,
    draw an amount corresponding to its requirements to the extent that the
    available balance of the reserve so permits .
                                   Article 3
1 . If a Member State has used 90% or more of its initial quota share as
    specified in Article 2(1 ), or of that share less any portion returned to
    the reserve pursuant to Article 5 , it shall forthwith , by notifying the
    Commission and to the extent that the reserve so permits , draw a second
    share equal to 15% of its initial share , rounded up where necessary to
    the next whole number .
2 . If , after its initial quota share has been used up , a Member State has
    used 90% or more of its second share as well , it shall forthwith , using
    the procedure provided for in paragraph 1 , draw a third share equal to
    7.5% of the initial share .
3 . If , after its second share has been vised up , a Member State has used 90%
                                                                                %
 ---pagebreak---                                                                     ANNEX I
                                      - 4 -
    cr more of its third share , it shall , vising the procedure provided for
    in paragraph 1 , draw a fourth share equal to the third .
    This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States
    shall inform the Commission of their reasons for applying this
    paragraphe
                                    Art icle 4
The additional shares drawn pursuant to Article 3 shall be valid until 31
December 1939 .
                                    Article 5
By 1 October 1989 at the latest Member States must return to the reserve
any unused portion of their initial share which , on 15 September 1989 , is
in excess of 20% of the initial volume . They may return a greater portion
if there is reason to believe that it might not be used .
By 1 October 1959 at the latest Member States must notify the Commission of
the total quantities of the products in question imported up to and
including 15 September 1989 and charged against the Community quota , and of
any portion of their initial share that they are returning to the reserve .
                                    Article 6
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the
level of the reserve as soon as it receives the notifications .
It shall inform the Member States not later than 5 October 1989 of the
state of the reserve following any return of quota shares pursuant to
Article 5 .
It shall ensure that a drawing which exhausts the reserve does not exceed
the balance available , and to this end shall notify the amount of that
balance to the Member State making the final drawing .
                                    Art icle 7
1 . Member States shall take all appropriate measures to ensure that
    additional drawings of shares pursuant to Article 3 enable imports to be
    charged without interruption against their accumulated shares of the
    Ccc.Mcvd.ty quota .
2 . Member States shall ensure that importers of the products in question
    have f~ee access to the quota shares allocated to them .
3 . Member State? shall charge imports of the products in question against
    th.ejj? shares as and when the goods are entered with the customs
    authorities for free circulation .
4 . Depletion of Member Slates' quota shares shall be measured on the basis
    of the imports charged in accordance with paragraph 3 .
 ---pagebreak---                                                                 ANNEX I
                                  - 4a -
                                 Article 8
Member States shall Inform the Commission at its request of imports
actually charged against the quotas .
                                 Article 9
This Regulation shall enter into force on 1 January 1989 .
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 II
                                  Proposai for
                     COUNCIL REGULATION (ESC ) No . /88
                               of
          opening and providing for the administration of Community
   tariff quotas for apricot pulp originating in Tunisia or Israel (1989)
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 the Cooperation Agreements between the European Economic Community
on the one hand and the Republic of Tunisia1 and the State of Israel2 on
the other land , as supplemented by the Additional Protocols to those
Agreements , 3 provide for the opening of annual Community tariff quotas for
4 300 tonnes and 150 tonnes respectively of apricot pulp falling within CN
code ex 2008 50 91 and originating in those countries ;
Whereas , within the limits of these tariff quotas , customs duties are to be
phased out over the same periods aid at the same rates as provided for in
Articl.es 75 aid 243 of the Act of Accession of Spain and Portugal ; whereas
the quota duty applicable in 1989 is to be 50.0% of the basic duty ;
whereas , within the limits of these quotas , Spain and Portugal are to apply
customs duties calculated in accordance with Council Regulation (EEC ) No
2573/ 87 of 11 August 1987 laying down the arrangements for trade between
Spain aid Portugal on the one hand and Algeria , Egypt , Jordan , Lebanon ,
Tunisia aid Turkey on the other4 in respect of Tunisia aid Council
Regulation (EEC ) No           of                . laying down arrangements
for Spain 's and Portugal 's trade with Israel aid amending Regulations (EEC)
No 449/86 and (EEC) No 2573/875 in respect of Israel ; whereas the
Community tariff quotas in question should therefore be opened for 1989 ;
1 QJ No L 265 , 27.9.1978 , p. 1 .
2 GT No L 136 , 23.5.1975 , p. 1 .
3 QJ No L 297 , 21.10.1987 , p . 36 , and OJ No L . 1988 , p . .,
    resnectively .
4 OJ No L 250* 1.9.1987 , p. 1 .
5 QJ No L        ,           , p.                                             /l /l
 ---pagebreak---                                                                                AMEX II
                                               - 2 -
    Whereas all Community importers should be ensured equal and continuous
    access to the said quotas and the duty rates laid down for the quotas
    should be applied consistently to all imports of the products in question
    into ail Member States until the quotas are exhausted ; whereas the quotas
    should not in this instance be allocated among the Member States , which
    should , however , be able to draw against the quotas such quantities as they
    may need , under the conditions and according to the procedure set out in
    Article 1(2 ); whereas this method of administration requires close
    cooperation between the Member States and the Commission , aid. the latter
    must in particular be able to monitor the rate at which the quotas are used
    and inform the Member States accordingly ;
    Whereas since Belgium , the Netherlands and Luxembourg are united within and
     jointly represented by the Benelux Economic Union , any operation concerning
    the administration of the quota shares allocated to that economic union may
    be carried out by any one of its members ,
    HAS ADOPTED THIS REGULATION :
                                            Article 1
     1 . From 1 January to 31 December 1989 the customs duties applicable to
         imports into the Community of the following products originating in
         Tunisia or Israel shall be suspended at the levels indicated below and
         within the limits of Community tariff quotas as shown below :
Ser ¡al        CN code              Descr Ipt ion             Origin    Quota     Rate of
  No                                                                   VOlUTB       duty
                                                                       ( tonnes )   (X)
            ex 2008 50 91 Apricot pulp , not containing added
                          spirit or sugar , in limed I ate
                          packings of a net content of 4.5kg
                          or more
09.1203                                                       Tunisia    4 300      8.5
09.1301                                                       I srae I     150      8.5
         Within the limits of these tariff quotas Spain and Portugal shall apply
         duties calculated in accordance with Regulations (EEC) No 2573/87 and No
          ... !*>%
     2 . If consignments of products subject to the tariff quotas in question
         have been imported or are expected to be imported within the next
         fourteen days , the Member State concerned shall , by notifying the
         Commission , draw an amount corresponding to its requirements to the
         extent that the available balance of the quotas so permits .
     3 . Should the Member State fail to use the quantities it has drawn within
         the period of fourteen days referred to above , it shall , by telex to the
         Commission , return any unused quantities to the corresponding reserve as
         soon as possible .
 ---pagebreak---                                                                   ANNEX II
                                     - 3 -
                                   Article 2
1 . Member States shall take all appropriate measures to ensure that the
    drawings which, they have made pursuant to Article 1(2) enable imports to
    be charged without interruption against their accumulated shares of the
    Community quota .
2 . Each Member State shall ensure that importers of the products in
    question have free access to the quotas for as long as the balance of
    the quota volumes so permits .
3 . Member States shall charge imports of the products in question against
    their shares as and when the goods are entered with the customs
    authorities for free circulation .
4 . Depletion of the quotas shall be measured on the basis of the imports
    charged in accordance with paragraph 3 .
                                   Article 3
Member States shall inform the Commission at its request of imports
actually charged against the quotas .
                                   Article 4
This Regulation shall enter into force on 1 January 1989 .
This Regulation Shall be binding in its entirety and directly applicable in
all Member States .
Bone at Brussels ,
                                                      For the Council
                                                      The President
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne puagetaire concernée : Chap . 12 art . 120
2.      Base juridique : art . 113 au traité
3.      Intitulé de la mesure tarifaire : Proposition ae règlement au
        Conseil portant ouverture , répartition et moae de gestion d' un
        contingent tarifaire communautaire ae pulpes d' abricots ,
        originaires du Maroc ( 1989 )
        Proposition de règlement du Conseil portant ouverture et mode ae
        gestion ae contingents tarifaires communautaires de pulpes
        d' abricots , originaires au Tunisie et d' Israël ( 1989 )
4.      Qpjectif : Exécution a'une obligation contractuelle ( Accord
        CEE/ Maroc/Tunisie/Israël )
        Mode de calcul :          MAROC            TUNISIE         ISRAEL
        N ° code ae la NC      :  ex 2008 50 <)1
        Volume du plafond      :  8 250 t          4 300 t         150 t
        Droit à appliquer      :  3,5 %            8,5 %           8,5 %
        Droit du TDC           :  17 %             17 %            17 %
        Prix φ                 :  801 ECU/t
                                  561 701          292 766         10 213
 6.     Perte de recettes :
        La perte de recettes à inscrire pour 1989 s' élève à 364 680 ECU .
         En 1988, une perte de 467 250 ECU a été inscrite .
 ---pagebreak---              FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement
contractuel ce la Conrnunauté . L' impact découlant ae cette concession a
été pris en consiaération lors ce la prise ce décision a' adoption ce ce
contingent et il n' aura pas un caractère sérieux sur la compétitivité et
1 ' emploi dans la Corrmuriauté .