CELEX: 51980PC0072
Language: en
Date: 1980-02-25
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 (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 72
Vol. 1980/0026
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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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file have been declassified in conformity with Article 5 of the aforementioned regulation.
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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                    COM(80)72 final
                        .          Brussels , 25 February 1980
                  /
                      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 ( 1980 )
       ( submitted to the Council by the Commission )
 ---pagebreak---                   EXPLANATORY MEMORANDUM
1.  Article 3 of the Transitional ProtocoTto the Agreement EEC / Cyprus
    of 1973 , provides . for the opening of an annual Community tariff
    quota for 250 tonnes swee,t peppers , falling under subheadina
    07.01 S of the CCT , oriqinating in Cyprus , at a duty rate1 of
    4.5 % .         •
                                                                ν
    The Community has , however , already opened a Community tariff .
    quota of 65 tonnes for the period 1, January to 31 March 1980 .
    Therefore , the quota to be opened for the rest of the year 1980
    must amount to 185 tonnes .
   Consequently , the Community tariff quota shown above should
   be opened for the period from 1 April to 31 December 1980 .
2.   This Regulation provides for the splitting up Of the ^ nota. .
     volume into two parts , of which the first wilt be allocated
     among the Member States as quota share and the second will be
     kept as a reserve .     .           -
     In the absence of Community statistics , for a period suffi­
     ciently representative , the initial quota shares have been
     calculated on the basis of the possible demand on the markets
     of the various Member States and on the basis of forecasts
     made by some of them .
3.   As the method of administration to be applied by alt Member
     States , the Commission ? propose the "greyhound" system *-      r
4.    This is the subject pf the proposal    annexed hereto .
 ---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 (19 8U )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        circumstances, the quota volumes should be allocated in
                                                                 initial shares, to take into account demand for these
                                                                 products on the markets of the various Member States;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thciaof,                                                          Whereas, in order to take into account import trends
                                                                  for the products concerned in the various Member
                                                                  States, the quota amount should be divided into two
                                                                  instalments, the first being shared among the Member
Having regard to the proposal from the Commission,                States and the second constituting a reserve to cover at a
                                                                  later date the requirements of the Member States which
                                                                  have used up their initial quota shares; ^whereas, in
 Whereas Article 3 of the Transitional Protocol order             degree
                                                                          to give importers in each Member State a certain
                                                                             of security, the first instalment of the
   to the Agreement                                               Community      quota should under the circumstances be
 between the European Economic Community and                       fixed at 75% of the quota volume;
 Cyprus (l) provides 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 in Cyprus, at a rate of
 customs duty equal to 50% of the customs duty in the             Whereas the Member States' initial shares may be used
 Common Customs Tariff:             whereas the Commu­             up at different times; whereas, in order to take this fact
                                                                   into account and avoid any break in continuity, any
  nity has by Pequlation ( EEC ) No*.. / 8Q(2 >                    Member State which has almost used up its initial
  already opened a tariff quota of 65 tonnes                       quota share, should draw an additional share from 'the
                                                                   reserve; whereas this must be done by each Member
  for the period 1 January to 31 March                             State as and when each of its additional shares is almost
                                                                   used up, and repeated as many times as the reserve
  1980; whereas, therefore, a tariff                                allows; whereas the initial and additional shares ipust
                                                                    be valid until the end of the quota period; whereas this
  quota of 185 tonnes should be opened for                          method of administration requires close cooperation
  the period 1 April to 31 December 1980;                           between the Member States and the Commission, and
                                                                    the latter must be in a position to monitor the extent to
                                                                    which the quota volumes have been used up and to
  Whereas it is in particular necessary to ensure for all           inform the Member States thereof;
   Community importers equal and uninterrupted access
   to ' the abovementioned quota and uninterrupted
   application of the rate laid down for that quota to all
   imports of the products concerned into all Member
   States until the quota has been used up; whereas, having          Whereas if, at a given date in the quota period, a
   regard to the above principles, the Community nature              substantial quantity remains unused in any Member
   of the quota can be respected by allocating the                   State, it is essential that that Member State should
   Community tariff quota among the Member States;                   return a significant proportion to the reserve to prevent
   whereas, in order to reflect as accurately as possible the        a part of any tariff quota from remaining unused in one
   true trend of the market in the products in question , .          Member State when it could be used in others;
    such allocation should be in proportion to the
    requirements of the Member States, calculated by
    reference to the statistics for imports from Cyprus over
    a representative reference period and also to the                Whereas, since the Kingdom of Belgium, the Kingdom
    economic outlook for the quota period in question;               of the Netherlands and the Grand Duchy of
                                                                     Luxembourg are united in and . represented by the'
                                                                     Benelux Economic Union, any operation relating to the
    Whereas, hovever, neither Community noi" national
     statistics shewing. the breakdown fc-r the products in
 ---pagebreak---                                               - e
• u^rntfitetrarfctft of the                 > sVfCV.UH'JC     •*-* -t       'accordant# \: t:h                  >*»*< .■■■■** ■ ;*>
  eco ( ' jmic. ufron may                         by an / or its             1 , draw a thud share equal l              ks. :! .niti :i - :
  members.                                                                   ro'inded up.whce necessary to the •!•>? % :• unit
                                                                             3 . If, after its second share has been used up -              or
                                                                             more of the third share drawn by a Member Nirue lias
  HAS ADOPTED THIS REGULATION :                                              Been used up, that Member State shall , in a-. tordance
                                                                             with the conditions laid down in paragraph I , draw a
                                                                             fourth share equal to the third .
                              Article Î                                      This process shall continue until the reserve is used up.
  From 1        Apri Until 31 December 19 8Q the Common
                                                                             4. By way of derogation from paragraphs 1 , 2 and 3 , a
  Customs Tariff duty for sweet peppers, falling within                      Member State may draw shares smaller than tlvr-e fixed
  subheading 07.01 S of the Common Customs Tariff and _                      in those paragraphs if there is reason to believe that
  originating in Cyprus, shall be partially suspended at                     they might not be used up. It shall inform the
  4-5% within the limits of the Community tariff quota of                    Commission of its reasons for applying this paragraph .
  185 tonnes .              '                                *
                              Article 2 .                                                              Article 4
  1 . The Community tariff quota referred to in Article 1                    Each of the additional shares drawn pursuant to Article
  shall be divided into two instalments .                                    3 shall be valid until 3 ) December 19 80 .
  2. A first instalment amounting to 1 40tonnes shall be
  allocated among the Member States; the respective
  shares, which subject to Article 5 shall be valid until                                             Article S
  31 December 198(1 shall be as follows : .
     v                                            !    (tonnes)              The Member States shall return to the reserve, not later .
            Bénélux                 -     ,               5                  than 1 October 1980 , such unused portion ol their
            Dcnmark -                                     5                  initial share as, on 15 September 1 980 ,is in excess of
            Germany      4                               1I                  20% of the initial volume. They may return a larger
            France                                         '                 quantity if there are grounds for believing that this
            Ireland                                       5
                                                                             quantity may not Jbe used.
            Italy                                         1                  The Member States shall notify the Commission , not
            United Kingdom                            112                    later than 1 October I'KO^of the total quantities of the
                                                                             products ih question imported up to 15 September 19 80
  3 . The second instalment^amounting to 4-5 tonnes shall                 – and charged against the tariff quota and of any quantity
  constitute the reserve, to which any remainders ,                          of the initial shares returned to the reserve.
  existing on 31 March 1980 of the shares
  given to Member States by Regulation
                                                                                                      Article 6
  < EEC ) No .../ 80           .      and of the reserve
  constituted under the same , Requlation .                                  The Commission shall keep an account of the shares
                                                                             opened by the Member States pursuant to Articles 2 and
  sha L L be added .                                                         3 and, as soon as it is notified , shall inform each State
                              Article 3              "                ' !    of the extent to which the reserve has been usee] up.
   1.    If 90% or more of a Member State's initial share as                 It shall inform the Member States, not later than 5
   specified in Article 2 (2), or 90% of that share minus                     October 1980 , of the amount in the reserve after
   the portion returned to the corresponding reserve where -                  quantities have been returned thereto . pursuant to
   Article 5 has been applied, has been used up, then, to j                  Article 5 .
   the extent permitted by the amount of the reserve, that
   Member State shall forthwith, by notifying the                             It shall ensure that the drawing which exhausts any
   Commission, draw a second share equal to 15% of its                        reserve does not exceed the balance available ami, to
   initial share, rounded up where necessary to the next                      this end, notify the amount of that balance to the
   unit.                                                                      Member State making the last drawing.
   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
 ---pagebreak---                                                                   - 3 -
                        Article 7                                                        Article 8
1 . The Member States shall take all measures necessary          At the Commission's request, the Member States shall
to ensure that additional shares drawn pursuant to              inform it of imports actually charged against their
Article 3 are opened in such a way that imports may be          shares.
charged without interruption against their accumulated
shares of the tariff quota.
2. The Member States shall ensure that importers of                                      Article 9
the products in question established in their territory
have free access to the shares allocated to them.
                                                                The Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with.
3 . . The Member States shall charge the imports of the
projects concerned against their shares as and when the
products are entered with customs authorities for free
circulation .         _
                          *
                                                                                         Article 10
4. The extent to which a Member State has used up its
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
                                                                This Regulation shall enter into force on 1 April
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels.
                                                                                       For the Council
                                                                                         The President