CELEX: 51980PC0063
Language: en
Date: 1980-02-21
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FRESH TABLE GRAPES FALLING WITHIN SUBHEADING EX 08.04 A I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS (1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 63
Vol. 1980/0023
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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(80)63 final
                                                    Brussels - 21st February 1980
                                                                 .
                   PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      OPENING / ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
             A COMMUNITY TARIFF QUOTA FOR FRESH TABLE GRAPES
                                         \    --  "   • v          - :/
               FALLING WITHIN SUBHEADING EX 08.04 A I OF THE
                                            ■< J.           - \V
         COMMON CUSTOMS TARIFF AND ORIGINATING IN CYPRUS ( 1980 )
                ( presented by the Commission to the Council )
C0M(80 ) 63 final
 ---pagebreak---                  l.'XI'LANATORY MEMORANDUM
Article 3 of the Transitional' Protocol of '1980 to the Agreement
between the European Economic Community and the Republic of Cy­
prus of 1973 provides for a certain period of 1980 for the ope­
ning of a Community tariff quota for the importation into the Com­
munity of 7 000 tonnes of fresh table grapes , originating in   Cyprus
falling within subheadings ex 08.04 Ala ) and b ) of the Common
Customs Tariff .
The customs duties applicable within the limits of this quota are
         AO % of the duties actually applied to third countries .
equal to 40
Accordingly the tariff quota in question has to be -opened .
As the method of administration to be applied by all Member States ,
the Commission proposes the " greyhound " system .
This is the subject of the proposal annexed hereto .
Annex : 1 proposal for a Regulation ( EEC ) of the Council .
 ---pagebreak---                                               PROPOSAL     FOR A
                                    COUNCIL REGULATION ( EEC) No                      / 80
                                                    of   *           1980
                 opening , allocating and providing for the administration of a Community tariff
                 quota for fresh table grapes failing within subheading ex 08.04 A I of the
                             Common Customs Tariff and originating in Cyprus ( 1980 ) .
 THE COUNCIL OF THE EUROPEAN                                  States, the quota amount should be divided into two
 COMMUNITIES .                                                 instalments, the first being shared among the Member
                                                              States and the second constituting a reserve to cover at
 Having regard to the Treaty establishing the European        a later date the requirements of the Member States
 Economic Community, and in particular Article                which have used up their initial quota shares ; whereas
         113 thereof,
                                                               in order to give importers in each Member State a
 Having regard to the proposal from the Commission,           certain degree of security, the first instalment of the
                                                               Community quota should under the circumstances be
                                                               fixed at 93% of the quota volume ;
 Whereas Article 3 of the       Transitional Proto­            Whereas the Member States' initial shares may be
  col to the Agreement                                         used up at different times ; whereas in order to take
 between the European Economic Community and the               this fact into account and avoid any break in conti­
 Republic of Cyprus (2 ) provides for the opening of an        nuity, any Member State which has almost used up its
 annual Community tariff quota of 7 000 tonnes of              initial quota share should draw an additional share
 fresh table grapes falling within subheadings ex 08.04        from the reserve ; whereas this must be done by each
                                                               Member State as and when each of its additional
 A 1 a) and b) of the Common Customs Tariff, origi­
 nating in Cyprus, at rates of customs duty equal to           shares is almost used up, and repeated as many times
 40 % of the customs duty in the Common Customs                as the reserve allows ; whereas the initial and addi­
 Tariff, for the period 8 June to 31 July 1980, whereas        tional shares must be valid until the end of the quota
  the Community tariff quota should be opened for the           period ; whereas the method of administration
  period in question ;                                          requires close cooperation between the Member States
                                                                and the Commission , and the latter must be in a posi­
 Whereas it is in particular necessary to ensure for all        tion to monitor the extent to which the quota
  Community importers equal and uninterrupted access            volumes have been used up and to inform the
  to the abovementioned quota and uninterrupted appli­          Member States thereof ;                     • (
  cation of the rate laid down for that quota to all
  imports of the products concerned into all Member            "Whereas if, at a given date in the quota period, a
  States until the quota has been used up ; whereas,            substantial quantity of the initial share remains
  having regard to the above principles, the Community          unused in any Member State, it is essential that that
  nature of the quota can be respected by allocating the        Member State should return a significant proportion
  Community tariff quota among the Member States ;              to the reserve to prevent a part of any tariff quota
  whereas, in order to . reflect as accurately as possible      from remaining unused in one Member State when it
  the true trend of the market in the products in ques­         could be used in others ;
  tion , such allocation should be in proportion to the
  requirements of the Member States, calculated by refer­       Whereas, since the Kingdom of Belgium , the
  ence to the statistics for imports from Cyprus over a          Kingdom of the Netherlands and the Grand Duchy of
  representative reference period and also to the                Luxembourg are united in and represented by the
   economic outlook for the quota period in question ;           Benelux Economic Union , any operation relating to
   Whereas, however, neither Community nor national              the administration of the quota shares allocated to
   statistics showing the breakdown for the products in          that economic union may be carried out by any of its
 .question are available and no reliable estimates of            members ,                     ν
   future imports can be made ; whereas, in these circum­
   stances, the quota volumes should be allocated in             HAS ADOPTED THIS REGULATION :
   initial shares , to take into account demand for these
   products on the markets of the various Member
, States ;                                                                      /        Article Í
   Wheteas, in order to take into account import trends
   for the products concerned in the various Member
                                                                 From 8 June to 31 July 1980 the Common Customs
                                                                 Tariff duties for the products listed below, originating
                                                                 in Cyprus, shall be partially suspended at the levels
                                                                 shown below, within the limits of a Community tariff
    ( 1 ) O.J. No . L                                            quota of 7 000 tonnes :
    ( 2 ) 0.J . No . L
 ---pagebreak---                         ,    ccr                                                                                     Rate
                           heading                                  Dctcription
                              No                                                                                   oí duty
                     08.04              Grapes, fresh or dried :
                                       A. fresh :                                           _
                                           I. Table grapes :
                                                   a) From 1 November to 14 July :
                                                      ex «2 .    Other :
                                                       – From 8 June to 14 July                                    7-2%
                                              ex b) From 15 July' to 31 October :
                                                      – From 15 July to 31 July                                    8-8 %
                                   Article 2                                   has been used up, that Member State shall, in accor­
                                                                               dance with the conditions laid down in paragraph 1 ,
   1.      The Community tariff quota referred to in                           draw a fourth share equal to the third.
  Article 1 shall be divided into two tranches.
                                                                              This process shall continue until the reserve is used
  2. The first tranche, amounting to 6 504 tonnes,                             up .
  shall be shared among the Member States ; the propor­
  tions which , subject to Article 5, shall be valid until                     4.     By way of derogation from paragraphs 1 , 2 and
  31 July 19oQ shall be as follows :                                           3, a Member State may draw shares smaller than those
                                                                               fixed in those paragraphs if there is'reason to believe
  – Bénélux :                                     200   tonnes,                that they might not be used up. It shall inform the
  – Denmark :                                     200   tonnes,                Commission of its reasons for applying this para­
  – Germany :                                     200   tonnes,               graph .
  – France :                                      - 2   tonnes,
  – Ireland :                                     200   tonnes,
  – Italy :                                           2 tonnes,                                         Article 4
  – United Kingdom:'                           5 700 tonnes.                                                                  *
                                                                               Each of the additional shares .drawn pursuant to
  3.       The second tranche, amounting to 496 tonnes,                        Article 3 shall be valid until 31 July 19 80 .
  shall constitute the reserve .
                                                                                                        Article 5
                                   Article J                                                                   - •         x
                                                                               The Member States shall return to the reserve, not
   1.       If 90 % or more of a Member State's initial share
                                                                               later than 15 July 1980 such unused portion of their
   as specified in Article 2 (2), or 90 % of that share                        initial share as, on 10 July 19 ggis in excess of 20 %
   minims the portion returned to the corresponding                            of the initial volume. They may return a larger quan­
   reserve where Article 5 has been applied, has been                          tity if there are grounds for believing that this quan­
   used up, then, to the extent permitted by the amount                        tity may not be used.
   ol ilu'                tlv.il Member State shall forthwith, by
   t \oiit \ M>S live v OUUOINMON , iliaw a MVOIU I SHARE equal
   to 15 % ol its initial shaic, rounded up where neces­                       The Member States shall notify the Commission, not
   sary to the next unit.                                                       later than 15 July 1980 />f the total quantities of the
                                                                                products in question imported up to 10 July 1980 and
                                                                               charged against the tariff quota and of any quantity of
    2. If, after its initial share has been used up, 90 %                       the initial shares returned to the reserve.
   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
   accordance with the conditions laid down in para­                                                    Article 6
   graph 1 , draw a third share equal to 7-5% of its
    initial share, rounded up where necessary to the next                       The Commission shall keep an account of the shares
    unit .                                                       '
                                                                                opened by the Member States pursuant to Articles 2
                                                                                and 3 and, as soon as it is notified,- shall inform each
. 3. If, after its second share has been used up, 90 %                          State of the extent to which the reserve has been used
    or more of the third share drawn by a Member State                          up.                                                    '
 ---pagebreak---                                                        - 3 -
 It shall inform the Member States, not later than 20        when the products are entered with customs authori­
July 19 ISU pi the amount in the reserve after quanti­       ties . for free circulation .
ties have been returned thereto pursuant to Article 5.
                                                             4.      The extent to which a Member State has usecf up
 It shall ensure that the drawing which exhausts any         its share shall be determined . on the basis of the
reserve does not exceed the balance available and , to       imports charged in accordance with paragraph 3.
this end, notify the amount of that balance to the
Member State making the last drawing.                                                Article 8
                        Art ic/e 7                           At the Commissions request, the Member States shall
1 . . The Member States shall take all measures neces­
                                                             inform it of imports actually charged against their
                                                             shares.
sary to ensure that additional shares drawn pursuant to
Article 3 are opened in such a way that imports may                                   Artide 9
be charged without interruption against their accumu­
lated shares of the tariff quota.                            The Member States and the Commission shall coop­
2.    The Member States shall ensure that iii porters        erate closely to ensure that this Regulation is
of the products in question established in ilu;r terri­      complied with .
tory have free Access to the shares allocated to them .
                                                                                     Artide 10
3 . The Member States shall charge the imports of
the products concerned against their shares as and           This Regulation shall enter into force on 8 June 19*80 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels,
                                                                          For the Council
                                                                           The President