CELEX: 51987PC0089
Language: en
Date: 1987-03-09
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for new potatoes falling within subheading 07.01 A II b) of the Common Customs Tariff and originating in Cyprus (1987) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 89
Vol. 1987/0039
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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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
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with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
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2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(87 ) 89 final
                                                 Brussels , 9 March 1987
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community
 tariff quota for new potatoes falling within subheading 07.01 A II b )
     of the Common Customs Tariff and originating in Cyprus ( 1987 )
                       ( presented by the Commission )
                                                      14 I W
                                         t' f . N
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                                                         y *? J$?
                                                                 \
 C0M(87 ) 89 final
 ---pagebreak---                            EXPIANATORY MEMORANDUM
Article 2 of Council Regulation ( EEC ) n° 3700/83 laying down the
arrangements applicable to trade with the Republic of Cyprus beyond
31 December 1983 , as amended by Council Regulation ( EEC ) n° 3682 /85 ,
provides for the period of 16 May to 30 June 1987 for the opening of a
Cormunity tariff quota for the importation into the Comnunity of
60,000 tonnes of new potatoes originating in Cyprus , falling within
subheading 07.01 A II b ) of the Conmon Customs Tariff .
The Customs duty applicable within the limits of this quota is equal
to 45 % of the duty actually applied to third countries which corresponds
to 9,4 % .
Pending the conclusion of an Adaptation Protocol following the accession
of Spain and Portugal , the tariff measure in question applies , however ,
only to the Cormunity as constituted on 31 December 1985 ,
Accordingly the tariff quota in question has to be opened .
The provisions of the Regulation lay down that the quota volume shall be
divided into two instalments , the first to be allocated among the Member
States and the second to constitute the Corrmunity reserve .
The allocation of the first instalment has been made on the basis of the
rules generally applied so far . The imports of each Member State during
the period from 1983 to 1985 were set against total Corrmunity imports
over the same period , and the resulting percentages were used to
calculate the initial Member States shares , the latter figures being
rounded up to the nearest ten .
As the method of administration to be applied by all Member States , the
Commission proposes the "greyhound" of first cane first served system .
This the subject of tire proposal annexed hereto .
Annex : 1 proposal for a Regulation ( EEC ) of the Council
 ---pagebreak---                                     NOTE
The tariff quota concerned might be modified in the context of the result
of the negotiations with the contracting country in view of the
conclusion of an Adaptation Protocol to the Agreement in question .
Pending this , the proposed Regulation permits the respect of the
engagements contracted by the Corrmunity .
The Commission reserves the possibility of modifying the proposal during
the procedure .
 ---pagebreak---                                                               H
                                                     Proposai for a
                                          COUNCIL REGULATION (EEC)
                    opening, allocating and providing for the administration of a Community tariff
                    quota for new potatoes falling within subheading 07.01 A II b) of the Common
                                      Customs Tariff and originating in Cyprus ( 1987)
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     by reference to the statistics for imports from Cyprus over
                                                                 a representative reference period and also to the economic
  Having regard to the Treaty, establishing the European         outlook for the quota period in question ;
  Economic Community, and in particular Article 1 13
 thereof,                                                        Whereas, during the last three years for which statistics
                                                                 are available, the corresponding imports by each of the
  Having regard to the proposal from the Commission,             Member States represent the following percentages os the
                                                                 imports into the Community from Cyprus of the products
                                                                 concerned :
 Whereas Article 2 of Council Regulation (EEC) No
 3700/83 of 22 December 1983 laying down the
 arrangements applicable to trade with Cyprus beyond 31                    Member States            1983     1984        1.985
  December 1983 ('), as amended by Regulation (EEC) No
 3682/85 (*), provides for the opening of a Community            Benelux                             6,2       6,2       2,7
  tariff quota of 60 000 tonnes of new potatoes, originating     Denmark                             –         –
 in Cyprus and failing within subheading 07.01 A II b) of        Germany                              1,9      4,0       2,8
 the Common Customs Tariff, at a rate of customs duty            Greece                              –         –           -
                                                                                                                          “·*
 equal to 45 % of the customs duty in the Common                 France                              –         –
                                                                 Ireland                             0,2       0,8
 Customs Tariff, for the period 1 6 May to 30 June 1 98 7;
-whereas it is necessary to open this Community tariff           Italy                               –         –
                                                                                                                          -
 quota for~n>e period <n question ;                              United Kingdom                     91,7      89,0     93,2
 Whereas, in accordance with Articles LS0 and 367 of the         Whereas, in view of these factors of market forecasts for
 Act of Accession of Spain and Portugal, the Council             the products in question and in particular of the estimates
 adopted Regulation (EEC) No 449/86 determining the              submitted by certain Member States, initial quota shares
 arrangements to be applied by the Kingdom of Spain and          may be fixed approximately at the following percentages :
 the Portuguese Republic to trade with certain third coun¬
 tries (3) ; whereas this Regulation therefore applies to the            Benelux                                     5,0
 Community as constituted on 3"? December 1 985;                         Denmark                                     0,1
                                                                         Germany                                    2,3
                                                                         Greece                                      0,1
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access to                   France                                      0,1
 the abovementioned quota and uninterrupted application                  Ireland                                     o,6
 of the rates laid down for that quota to all imports of the             Italy                                       0,1
 products concerned into all Member States until the quota               United Kingdom                            91,1
 has been used up ; whereas, having regard to the above
 principles, the Community nature of the quota can be            Whereas, in order to take into account import trends for
 respected by allocating the Community tariff quota              the products concerned in the various Member States, the
 among the Member States ; whereas, in order to reflect as       quota amount should be divided into two instalments, the
 accurately as possible the true trend of the market in the      first being shared among the Member States and the
 products in question, such allocation should be in propor¬      second constituting a reserve to cover at a later date the
 tion to the requirements of the Member States, calculated       requirements of the Member States which have used up
                                                                 their initial quota shares ; whereas, in order to give impor¬
 ( : ) OJ No L 369, 30 . 12. 1983, p. 1 .                        ters in each Member State a certain degree of security, the
 0 OJ No L 351 , 28 . 12. 1985, p. 9.                            first instalment of the Community quota should under
 (’) O ! No L 50, 28 . 2. 1986, p. 40.                           the circumstances be fixed at 90 % of the quota volume ;
 ---pagebreak---                                                     5
                            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 corresponding
                            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 ;
                            whereas the initial and additional shares 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
                            be in a position to monitor the extent to which the quota
                            volume has been used up and to inform the Member
                            States thereof ;
                            Whereas if, at a given date in the quota period, a substan¬
                            tial quantity remains unused in any Member State, it is
                            essential that that Member State should return a signifi¬
                            cant proportion to the reserve to prevent a part of any
                            tariff quota from remaining unused in one Member State
                            when it could be used in others ;
                            Whereas, since the Kingdom of Belgium, the Kingdom of
                            the Netherlands and the Grand Duchy of Luxembourg
                            are united within and jointly represented by the Benelux
                            Economic Union, any operation relating to the
                            administration of the quota shares allocated to that
                            economic union may be carried out by any of its
                            members,
                            HAS ADOPTED THIS REGULATION:
1 . From 16 May          to 3 0 June           1987 on the import into the Community
    as constituted on 31 December 1985( the duty for the fol Lowing products
    is suspended at theLevel and in the Limits of a Community tariff quota
    as foLLows :
  Order No   CCT heading          Description                         Quota               Quota
             No                                                      voLume               duty
                                                                      - t  -                - % -
  09.1401    ex 07.01             News potatoes originating             60.000            9,4
             All b                in Cyprus
                   'd. m   The protocol on the definition of the concept of ‘origina¬
                           ting products’ and on methods of administrative coopera¬
                           tion ('), annexed to the Additional Protocol to the Agree¬
                           ment between the European Economic Community and
                           Cyprus, shall be applicable.
                                                     Article 2
                            1.    The Community tariff quota referred to in Article 1
                           shall be divided into two instalments.
                           (') OJ No L 339, 28 . 12. 1977, p. 19.
 ---pagebreak---  2.   A first instalment amounting to 5/< 000 tonnes shall
be allocated among the Member States ; the respective
shares, which subject to Article 5 shall be valid until 30
June 198 7; shall be as follows :
                                       (tonnes)
        Benelux                       2.7QÜ
        Denmark                           55
        Germany                       1.570
        Greece                            55
        France                            55
        Ireland                          320
        Italy                             55
        United Kingdom               49.190
3.    The second instalment of 6000 tonnes shall consti ¬
tute the reserve .
                            Article 3
 1.   If 90 % or more of a Member State’s initial share as
specified in Article 2 (2) or 90 % of that share minus the
portion returned to the reserve where Article 5 has been
applied, has been used up, then, to the extent permitted
by the amount of the reserve, that Member State shall
forthwith , by notifying the Commission , draw a second
share equal to 10 % of its initial share, rounded up where
necessary to the next unit.
2.    If, after its initial share has been used up, 90 % or
more of the second share drawn by a Member State has
been used up, then, to the extent permitted by the
amount of the reserve, that Member State shall , in accor¬
dance with the conditions laid down in paragraph 1 , draw
a third share equal to 5 % of its initial share, rounded up
where neccessary to the next unit.
3.    If, after its second share has been used up, 90 % or
more of the third share drawn by a Member State has
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 .
This process shall continue until the reserve is used up.
4.    By way of derogation from paragraphs 1 , 2 and 3, a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that they
might not be used up. It shall inform the Commission of
its reasons for applying this paragraph .
                            Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 30 June 198 ?.
 ---pagebreak---                           Article 5                             3 are opened in such a way that imports may be charged
The Member States shall return to the reserve, not later
                                                                without interruption against their accumulated shares of
                                                                the tariff quota.
than 15 June 1987, such unused portion of their initial
share as, on 10 June 198 7, is in excess of 20 % of the         2. The Member States shall ensure that importers of
initial volume. They may return a larger quantity if there      the products in question have free access to the shares
are grounds for believing that this quantity may not be         allocated to them .
used.
The Member States shall notify the Commission , not later       3. The Member States shall charge the imports of the
than 15 June 198 7 of the total quantities of the products      products concerned against their shares as and when the
in question imported up to 10 June 198 7 and charged            products are entered with customs authorities for free
                                                                circulation .
against the tariff quota and of any quantity of the initial
shares returned to the reserve.
                                                                4. The extent to which a Member State has used up its
                          Article 6
                                                                shares shall be determined on the basis of the imports
                                                                charged in accordance with paragraph 3.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                  Article 8
and, as soon as it is notified, shall inform each Member
State of the extent to which the reserve has been used up .
                                                                At the Commission’s request, the Member States shall
It shall inform the Member States, not later than 20 June       inform it of imports of the products concerned actually
198 7 0f tf,e amount in the reserve after quantities have       charged against their shares.
been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the                                       Article 9
reserve does not exceed the balance available and, to this
end, notify the amount of that balance to the Member            The Member States and the Commission shall cooperate
State making the last drawing.                                  closely to ensure that this Regulation is complied with.
                          Article 7
                                                                                         Article 10
1 . The Member States shall take all measures necessary
to ensure that additional shares drawn pursuant to Article      This Regulation shall enter into force on 16 May 198 7 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                  Done at
                                                                              For the Council
                                                                               The President
 ---pagebreak--- Fiche d‘ impact de certains actes législatifs sur les PME et l' emploi .
         Proposition de règlement ( CEE ) du Conseil portant ouverture ,
         répartition et mode de gestion d' un contingent tarifaire
         eorranau ta ire de parmes de terre de primeurs , de la sous-
         position 07.01 A II b ) du tarif douanier commun , originaires de
         Chypre ( 1987 )
1.   OBLIGATIONS ADMINISTRATIVES DECOULANT DE L 'APPLICATION DE LA
     LEGISLATION POUR LES ENTREPRISES :
     NON
2.   AVANTAGES POUR L' ENTREPRISE
     OUI
     LESQUELS :
     Réduction des droits de douane à 1 ' importation •
3.   INCONVENIENTS POUR L' ENTREPRISE
     ( coût supplémentaires )
     MON
     CONSEQUENCES
4.   EFFETS SUR L' EMPLOI
     Maintien ou amélioration de l' emploi .
5.   Y A-T -IL EU CONCERTATION PREALABLE AVISO LES PARTENAIRES SOCIAUX ?
     NON
     AVIS DES PARTENAIRES SOCIAUX
6.   Y A-T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNATE?
     Non . Le contingent résulte d' un engagement contractuel de la
     Communauté .