CELEX: 51982PC0643
Language: en
Date: 1982-10-15
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading No 07.01 S of the Common Customs Tariff- originating in Cyprus (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 643
Vol. 1982/0201
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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(82)643 final
                                             Brussels , 15 October 1982
                              Proposal for a
                           COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community tariff
 quota for sweet peppers falling within subheading No 07.01 S of the Common
 Customs Tariff - originating in Cyprus ( 1983 )
                ( submitted to the Council by the Commission )
 ---pagebreak---                             EXPLANATORY MEMORANDUM
 1 . Article 2 of the Protocol concerning the arrangements to be applied
 during 1981 in the framework of the Decision adopted by the Association
 Council on 24 November 1980 establishing the process into the second
 stage of the Association Agreement between the European Economic
 Community and the Republic of Cyprus , as supplemented by the Protocol of
 Adaptation to that Agreement to take account of the accession of the
 Hellenic Republic , provides for 1982 for the , opening of an annual Community
 tariff quota for 250 tonnes sweet peppers, falling under subheading
 07.01 S of the CCT , originating in Cyprus , at a duty rate of 4.5% .
 This Protocol also lays down that the contracting parties shall center into
 negotiations early in 1981 for the purpose of establishing the trade
arrangements to be applied in 1982 and 1983 .
 Pending the conclusion of these negotiations and the entry in*o force of
the trade arrangements to be applied in 198 3 , it is important to extend the
validity of the arrangements laid down in the abovementioned Protocol .
                                                            ï
 In consequence, it is advisable to open the Community tariff quota
described above for the period from 1 January to 31 December 198'3 .
2 . This Regulation provides for the splitting up of fthe quota volume into
two parts, of which the first will be allocated amor^ the Member States
as quota share and the second will be kept as a res^ve .
In the absence of Community statistics, for a perio<| sufficiently
representative , the initial quota shares have been calculated on the
                                                         - 1
basis of the possible demand on the markets of the various Member States
and on the basis of forecasts made by some of them . J                       " '
                                                         .if
                                                        V:
3 . As the method of administration to be applied by^all Member States,
the Commission proposes the "greyhound " systiem .      ^
4 . This is the subject of the proposal annexed hereto .
                                  NOTE                 U
                                                       M
     The tariff quota  in question is still likely ta be modified in the
                                                     s m
  light of the results of the .       negotiations ,    iintil these results are
                                                       »■?
 available , the Regulation proposed will be the instrument w^'ch will make
 it possible to fulfil the commitment entered into by the Community .
 The Commission thus reserves the right to amend its proposal while it is
 still going through channels in order to adapt it,;^f necessary , to the
 new arrangements .
 ---pagebreak---                                                       PROPOSAL        FOR A
                                          COUNCIL REGULATION ( EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and
                                                 originating in Cyprus ( 1983 )
   THK COUNCIL OF THE EUROPEAN COMMUNITIES,                        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
  Having regard to the Treaty establishing the European             Community tariff quota among the Member States;
   Economic Community, and in particular Article 113                whereas, in order to reflect as accurately as possible the
  thereof,                                                          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
  Having regard to the proposal from the Commission,                reference to the statistics for imports from Cyprus over
                                                                    a representative reference period and also to the
                                                                    economic outlook for the quota period in question;
  Whereas Article 2 or the Protocol concerning the
  arrangements to be applied during 1981 in the
  framework of the Decision adopted by the Association
  Council on 24 November 1980 establishing the process             Whereas , however, neither Community nor national
  into the second stage of the Association Agreement               statistics for the products in question are available and
  between the European Economic Community and the                  no reliable estimates of future imports can be made;
  Republic of Cyprus ( '), as supplemented by the Protocol         whereas, in these circumstances, the quota volume
  to the Agreement establishing an Association between             should be allocated in initial shares , to take into
  the European Economic Community and the Republic                 account demand for these products on the markets of
  of Cyprus consequent on the accession of the Hellenic            the various Member States ;
  Republic to the Community (J), hereinafter called the
  Protocol of Adaptation, provides, for*1984 , for the
  opening of an annual Community tariff quota of
  250 tonnes of sweet peppers, falling within subheading
  07.01 S of the Common Customs Tariff and originating             Whereas, in order to take into account import trends
  in Cyprus, at a rate of customs duty equal to 50 % of            for the products concerned in the various Member
  the customs duty in the Common Customs Tariff;                   States, the quota amount should be divided into two
  whereas this Protocol also lays down that the                    instalments , the first being shared among the Member
  contracting parties shall enter into negotiations early in       States and the second constituting a reserve to cover at a
   1981 for the purpose of establishing the trade                  later date the requirements of the Member States which
  arrangements to be applied in 1982 and 1983 ;                    have used up their initial quota shares ; whereas , in
                                                                   order to give imports in each Member State a certain
                                                                   degree of security, the first instalment of the
                                                                   Community quota should under the circumstances be
 Whereas,     pending     the      establishment  of   such        fixed at 75 % of the quota volume;
 arrangements, it is advisable to extend provisionally for
  1983 the trade arrangements applicable in 1981 ;
 whereas the abovementioned Community tariff quota
 should be opened for the period from 1 January to
 31 December 1983 ^                                               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
 Whereas it is in particular necessary to ensure for all          share should draw an additional share from the reserve;
 Community importers equal and uninterrupted access               whereas this must be done by each Member State as and
 to the abovementioned quota and uninterrupted
                                                                  when each of its additional shares is almost used up,
 application of the rate laid down for that quota to all          and repeated as many times as the reserve allows;
 imports of the products concerned into all Member                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
( ') OJNoL 174,30.6 . 1981 , p. 28 .                              the Member States and the Commission , and the latter
( J) OJ No L 174, 30. 6. 1981 , p. 2 .                           must be in a position to monitor the extent to which the
 ---pagebreak---                                                        - 2 -
 quota volumes have been used up and to inform the              3 . The second instalment, amounting to 65 tonnes,
  Member States thereof;                                        shall constitute the reserve.
 Whereas if, at a given date in the quota period, a
 substantial quantity remains unused in any Member                                       Article 3
 State, it is essential that that Member State should
 return a significant proportion to the reserve to prevent      1.  If 90 % or more of a Member State's initial share as
 a part of any tariff quota from remaining unused in one
 Member State when it could be used in others ;                specified in Article 2 (2), or 90 % of that share minus
                                                               the portion returned to the corresponding reserve where
                                                               Article 5 has been applied , has been used up , then , to
 Whereas, since the Kingdom of Belgium, the Kingdom            the extent permitted by the amount of the reserve, that
 of the Netherlands and the Grand Duchy of                     Member State shall forthwith, by notifying the
 Luxembourg are united within and jointly represented          Commission, draw a second share equal to 15 % of its
 by the Benelux Economic Union, any operation relating         initial share, rounded up where necessary to the next
 to the administration of the quota shares allocated to        unit.
 that economic union may be carried out by any of its
 members ,
                                                               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
HAS ADOPTED THIS REGULATION :
                                                              shall , in accordance with the conditions laid down in
                                                               paragraph 1 , draw a third share equal to 7-5 % of its
                                                               initial share, rounded up where necessary to the next
                                                               unit .
                         Article I
From 1 January to 31 December 198 3 the Common                3 . If, after its second share has been used up, 90 % or
Customs Tariff duty for sweet peppers, falling within         more of the third share drawn by a Member State has
subheading 07.01 S of the Common Customs Tariff and           been used up, that Member State shall , in accordance
originating in Cyprus, shall be partially suspended at        with the conditions laid down in paragraph 1 , draw a
4-5 % within the limits of the Community tariff quota         fourth share equal to the third .
of 250 tonnes .
                                                              This process shall continue until the reserve is used up.
Within the limits of the tariff quota, Greece shall apply
customs     duties calculated   in accordance    with   the
                                                              4 . By way of derogation from paragraphs 1 , 2 and 3 , a
relevant provisions in the 1979 Act of Accession and the      Member State may draw shares smaller than those fixed
Protocol of Adaptation.                                       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 2
1 . The Community tariff quota referred to in Article 1                                 Article 4
shall be divided into two instalments .
                                                              Each of the additional shares drawn pursuant to
2 . A first instalment amounting to 185 tonnes shall be      Article 3 shall be valid until 31 December 1983 .
allocated among the Member States ; the respective
shares , which subject to Article 5 shall be valid until
31 December 1983 shall be as follows :
                                                                                        Article S
                                              (tonnes)
        Benelux                                   7          The Member States shall return to the reserve, not later
        Denmark                                   7
                                                             than 1 October 1985 , such unused portion of their
                                                             initial share as, on 15 September 1985 , is in excess of
        Germany                                  15
                                                             20 % of the initial volume. They may return a larger
        Greece                                    1          quantity if there are grounds for believing that this
        France                                    1          quantity may not be used.
        Ireland                                   7
        Italy                                     1          The Member States shall notify the Commission , not
        United Kingdom                         146           later than 1 October 1983,of the total quantities of the
 ---pagebreak---                                                            -3-
 products in question imported up to 15 September 1983            2. The Member States shall ensure that importers of
 and charged against the tariff quota and of any quantity         the products in question
 of the initial shares returned to the reserve.                   have free access to the shares allocated to them.
                                                                  3 . The Member States shall charge the imports of the
                          Article 6                               products concerned 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         4 . The extent to which a Member State has used up its
  Member State of the extent to which the reserve has             share shall be determined on the basis of the imports
 been used up.                                                    charged in accordance with paragraph 3 .
 It shall inform the Member States , not later than
 5 October 1983 of the amount in the reserve after                                         Article 8
 quantities have been returned thereto pursuant to
 Article 5 .                                                      At the Commission's request, the Member States shall
                                                                  inform it of imports actually charged against their
It shall ensure that the drawing which exhausts any               shares.
reserve does not exceed the balance available and, to
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.
 I . 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            This Regulation shall enter into force on 1 January
shares of the tariff quota.                                       1983 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels, ..... 1 982 .
                                                                                          For the Council
                                                                                           The President