CELEX: 51987PC0586
Language: en
Date: 1987-12-18
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp, falling within No 2008 50 91 of the Combined Nomenclature and originating in Morocco (1988)#Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for apricot pulp, falling within No 2008 50 91 of the Combined Nomenclature and originating in Tunisia (1988)#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 586
Vol. 1987/0285
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(87 ) 586 final
                                                   Brussels , 18 December 1987
                                    Proposal for a
                              COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
     quota for apricot pulp , falling within No 2008 50 91 of the Combined
                 Nomenclature and originating in Morocco ( 1988 )
                                    Proposal for a
                              COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community tariff quota for
   apricot pulp , falling within No 2008 50 91 of the Combined Nomenclature
                        and originating in Tunisia ( 1988 )
                           ( submitted by the Commission )
 C0M(87 ) 586 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
The Cooperation Agreeoents concluded between the European Economic
Community, on the one hand , and the Kingdom of Morocco and the
Republic of Tunesia , on the other ,
             , provide for the opening of an annual Community tariff
quotas for the import into the Community of respectively 8 250 and
4 300 tonnes of apricot pulp originating in those countries and
falling within No 2008 50 91 of the Combined Nomenclature .
In the context of the tariff quotas , customs duties are to be
abolished progressively over the same periods and in accordance with
the same timetables as those laid down in Articles 75 and 243 of the
Act of Accession .
Accordingly the tariff quotas in question have to be opened for
1988 .
The Commission is aware that the transposition of certain tariff
concessions from the Common Customs Tariff to the Combined
Nomenclature might raise problems which would need to be settled
between the parties concerned . It may therefore amend its proposal
in the course of the procedure in order to adapt it , where
necessary, to requirements .
The first proposal for a regulation opening this tariff quota
provides - as is customary - for the division of the quota volume
into two parts , the first being allocated among the Member States as
quota shares , the second being held as a reserve .
 ---pagebreak---                                    - 2 -
   As regards the allocation of the first part of this quota , account
   was taken of the fact that there were no imports or only occasional
   imports into certain Member States in recent years . Initial shares
   have therefore been allocated only to the importing Member States
   with the other Member States being guaranteed access to the tariff
   quotas once imports by them of the product concerned are notified .
   The second proposal for a regulation , which covers the same product
   originating in Tunisia , does not provide for any allocation among
   the Merrtoer States , requirements being covered by drawings made by
   the Member States concerned , in accordance with the procedure laid
   down to this effect .
4. As regards the method of administration to be applied by all the
   Member States , the Camnission proposed the "as and when" system .
5. Such is the aim of the attached proposals .
 ---pagebreak---                                NOTE
These proposals already take into account the conclusion and the
implementation by 1 January 1988 at the latest of the Additional
Protocols consequent on the accession of Spain and Portugal .
Should these Protocols not be implemented by that date , the
proposals must be amended so that the regulations are applicable
only in the Gorrmunity as constituted at 31 December 1985 .
 ---pagebreak---                                             Proposai for
                                        COUNCIL REGULATION ( EEC ) No
                                                      of .
               opening, allocating and providing for the administration of a Community tariff quota for apricot
               pulp falling within   Wo 2008 50 91 of the Combined Nomenclature and
                                                 originating in Morocco ( 1988)
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 Agreement between the
European Economic Community and the Kingdom of
Morocco ( ' ),
                                  , provides for the opening by
the Community of an annual Community tariff quota
of 8 250 tonnes of apricot pulp falling within No 2008 50 91
of the Combined Nomenclature and originating in Morocco ;
Whereas within the limits of this tariff quota , customs duties are to
be abolished progressively over the same periods and in accordance
with the same timetables as those laid down in Articles 75 and 243
of the Act of Accession ; whereas , for 1988 , the quota duty is to
be equal to 62,5 % of the customs duty actually applied in respect
of third countries ;
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does
not exist , the Community must take the measures referred
to in Articles 180 and 367 of that Act ; whereas the. tariff
measure      concerned    will , therefore,   apply    to  the
Community as constituted on 31 December 1985 ;
Whereas the Community has aaoptea , witn effect from 1 January 1988 , a
Combined Nomenclature for goods which meets the requirements of the
Common Customs Tariff and the Nomenclature of Goods for the External
Trade Statistics of the Community and Statistics of Trade between
Member States ; whereas , from the date given above , the Combined
Nomenclature should be used for the description of the products covered
by this Regulation ;
( 1 ) 0J No L 264 , 27.9.1978 , p. 1 .
 ---pagebreak---                                                           2
    Whereas it is in particular necessary to ensure for all
    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 regard to the above
    principles , the Community nature of the quota can be
   respected by allocating the Community tariff quota among
   the Member States ; whereas, in order to reflect as
   accurately as possible the 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 reference to the statistics for imports from
   Morocco over a representative reference period and also to
   the economic outlook for the quota period in question ;
   Whereas , during the last three years for which statistics are
   available ,                    imports of each Member State
   were as follows :
                                                   ( tonnes )
              Member State           198 4     1985       1986
   Benelux                           149        399         240
                                     –                       “
   Denmark
   Germany                                                  120
   Greece
   France                          7 715      6 636     5 131
    Ireland                          “           –           –
    Italy                            -           -
    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 , in the first phase , initial shares should be allocated
to the genuine importing Member States and the other Member States
should be guaranteed access to the tariff quotas when imports into
those States of the products concerned are notified ; whereas these
arrangements for allocation will also ensure the uniform applciation
of the Combined Nomenclature .
  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 parts,             the
  first being     ** among / Member States and the second **allocated / certain
  constituting a reserve to cover at a later date the
  requirements of          Member States which have used up
  their initial quota shares; whereas, in order to give
  importers in each Member State a certain degree of
  security , the first part      - of the Community quota
  should under the circumstances be fixed at 38 % of the
  quota volume ;
 ---pagebreak---                                                                   3
        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 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
      substantial quantity remains unused in any Member State,
       it is essential that that Member State should return a
       significant 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 :
                                  Article 1
        From 1 January to 31 December 1988 , the customs duty
        applicable in the Community , as constituted on 31 December 1985
        to imports of the following products shall be
        suspended at the level /and within the limits ot a                  / indicated
        Community tariff quota as shown below :                            –
               Combined                                                                 Amount of    Rate of
Serial
                                                               Description              tariff quota      duty
  N°           ¡ternene lature                                                            ( tonnes )      <%)
               rF
 09.1105       ¿IUU8 bü 91            Apricot pulp/ originating in Morocco                  8 250       10,6
 ---pagebreak---                                                        4
                                   Article 2
       1 . The first part , amounting to 3 135 tonnes,of the
       Community tariff quota referred to in Article 1 shall be                      _
       allocated among ^ Member States; thjj/shares which ,              **certain _/quot3
       subject to Article 5 , shall be valid until 31 December 1988,
       shall be as follows :
                                                        (tonnes)
              Benelux                                      120
              Germany                                       20
              France                                    2 995
       2 . The second part ,         amounting to 5 115 tonnes shall
       constitute the reserve .
      3. If an importer gives notification of imminent inports of the product
      in question into the other Member States and applies to take advantage
     of the quota, the Member State concerned shall inform the Commission and
     draw an amount corresponding to its requirements to the extent that
      the available balance of the reserve so permits .
                             Article 3
1.   If 90 % or more of a Member State’s initial share as
specified in Article 2 ( 1 ), or 90 % of that share less any
 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 15 % of its initial share, rounded up where
 necessary to the next unit .
 2 . If, after its initiaj/share has been used up , 90 % or          / quota
 more of the second share drawn by a Member State has
 been used up , then that Member State shall , in accordance
 with the conditions laid down in paragraph 1 , draw a third
 share equal to 7,5 % of its initial share .
 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
 ---pagebreak---                                                                 5
those paragraphs if there are grounds for believing that          notify the amount of that balance to the Member State
they might not be used up. It shall inform the Commission         making the last drawing .
of its reasons for applying this paragraph .
                                                                                            Article 7
                          Article 4
                                                                  1 . The Member States shall take all measures necessary to
The additional shares drawn pursuant to Article 3 shall be        ensure that additional shares drawn pursuant to Article 3
valid until 31 December 1988.                                                             enable imports to be charged
                                                                  without interruption against their accumulated shares of
                                                                  the tariff quota .
                           Article 5
                                                                  2. The Member States shall ensure that importers of the
The Member States shall return to the reserve , not later         products in question have free access to th^snares allocated /quota
                                                                  to them .
than 1 October 1988, such unused portion of their initial
shares as , on 15 September 1988 , is in excess of 20 % of
the initial volume. They may return a larger quantity if          3 . The Member States shall charge the imports of the
there are grounds for believing that this quantity may not        product concerned against their shares as and when the
be used .                                                         products are entered with customs authorities for free
                                                                  circulation .
The Member States shall notify the Commission , not later
than 1 October 198 § of the total quantities of the products      4 . The extent to which a Member State has used up its
in question imported up to 15 September 198 3and charged          share shall be determined on the basis of the imports
against the tariff quota and of any quantity of the initial       charged in accordance with paragraph 3 .
shares returned to the reserve .
                                                                                            Article 8
                          Article 6
                                                                  At the Commission’s request , the Member States shall
                                                                  inform it of imports actually charged against their shares.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it is notified , shall inform each Member                                  Article 9
State of the extent to which the reserve has been used up .
                                                                  The Member States and the Commission shall cooperate
It shall inform the Member States , not later than 5 October      closely to ensure that this Regulation is complied with .
1988, of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
                                                                                           Article 10
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall   This Regulation shall enter into force on 1 January 1988.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels ,
                                                                                      For the Council
                                                                                        The President
 ---pagebreak---                                                    Proposai for
                                        COUNCIL REGULATION ( EEC ) No
                                                      of
                 opening            and providing for the administration of a Community tariff quota for apricot
                 pulp falling within N° 2008 50 91                          of the Combined Nomenclature and
                                                  originating in Tunisia ( 1988 )
    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 Agreement between the
    European Economic Community and the Republic of
    Tunisia (>), supplemented by the Additional Protocol to that Agreement (2),
provides for the opening by the Community of an annual Community tariff quota
of 4 300 tonnes of apricot pulp falling within N° 2008 50 91 of the Combined Nomenclature
and originating in Tunisia;
 Whereas within the limits of this tariff quota, customs duties are to be abolished
 progressively over the same periods and in accordance with the same timetables
 as those laid down in Articles 75 and 243 of the Act of Accession; whereas, for 1988,
 the quota duty is to be equal to 62,5 % of the customs duty actually applied in
 respect of third countries; whereas, within the limits of these tariff quotas,
 Spain and Portugal are to apply customs duties calculated in accordance with the
 Protocol to the Agreement between the EEC and Tunisia consequent on the
 accession of Spain and Portugal ; whereas the Community tariff quota in question should
 therefore be opened for 1988;
 Whereas the Community has adopted, with effect from 1 January 1988, a Combined Nomenclature
 for goods which meets the requirements of the Common Customs Tariff and the Nomenclature
 of Goods for the External Trade Statistics of the Community and Statistics of Trade
 between Member States; whereas, from the date given above, the Combined Nomenclature
 should be used for the description of the products covered by this Regulation;
 Whereas equal and continuous access to the abovementioned quota should be ensured
 for all Community importers and the rate laid down for the quota should be applied
 consistently to all imports of the product in question into all the Member States
 until the quota is exhausted; whereas, in the present case, this quota should not be
 allocated among the Member States, without prejudice to the drawing against the quota volume
 of such quantities as they may need, under the conditions and according to the procedure
 specified in Article 1 ( 2); 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 rate at which the quota is used and inform the Member States accordingly;
  ( 1 ) 0J No L 265, 27.9.1985, p. 1 .
  (2) 0J No L 297, 21.10.87, p. 36
 ---pagebreak---                                                            2
     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 :
                             Article 1
     From 1 January to 31 December 198& the customs
     duty applicable to imports into the Community of
                             the following products shall be              __
     suspended at the level /and within the limits of a                  / indicated
     Community tariff quota as shown bgLow ;
              Combined                                                               Amount of    Rate of
Serial N°                                                    Description             tariff quota  duty
              Nomenclature
                                                                                       ( tonnes )     (% )
                  N°
 09.1201      2008 50 91            Apricot pulp, originating in Tunisia                 4 300     10,6
    Within the Limits of this tariff quota Spain and Portugal shall apply customs duties
    calculated in accordance with the relevant provisions of the Protocol to the Cooperation
    Agreement between the European Economic Community and Tunisia consequent on the
    accession of Spain and Portugal .
    2. If an importer gives notification of imminent imports of the product in question into
       a Member State and applies to take advantage of the quota, the Member State concerned
       shall inform the Commission and draw an amount corresponding to its requirements to the
       extent that the available balance of the reserve so permits .
    3. The shares drawn pursuant to paragraph 2 shall be valid until the end of the quota
       period .
                                Article 2
  1 . Menber States shall take all appropriate measures to ensure that their drawings
       pursuant to Article 1 (2) enable imports to be charges without interruption
       against their accumulated shares of the Community quota .
  2. Each Member State shall ensure that importers of the product concerned have free
       access to the quota for such time as the residual balance of the quota volume
       so permits .
  3 . Member States shall charge imports of the said goods against their drawings as
       and when the goods are entered with the customs authorities for free circulation.
  4. The extent to which the quota has been used up shall be determined on the basis of
       the imports charged in accordance with paragraph 3 .
 ---pagebreak---                                              3
                              Artide 3
At the request of the Commission, Member States shall inform it of imports actually
charged against their quota shares .
                              Artide 4
The Member States and the Commission shall cooperate closely to ensure that this
Regulation is complied with .
                              Article 5
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels,
                                                       For the Coure il
                                                        The President