CELEX: 51983PC0076
Language: en
Date: 1983-02-22
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, originating in Cyprus (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 076
Vol. 1983/0026
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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 E U R O P E A N COMMUNITIES
                                                                         COM(83) 76 f i n a l
                                                                         B r u s s e l s , 2 2 F e b r u a r y 1983
                                             Proposal f o ra
                                   COUNCIL REGULATION ( E E C )
  opening, a l l o c a t i n g and p r o v i d i n g f o r t h e a d m i n i s t r a t i o n o f a Community
  tariff  q u o t a f o r new p o t a t o e s , f a l l i n g w i t h i n subheading          07.01 A I I b)
         of t h e Common Customs T a r i f f , o r i g i n a t i n g           i n Cyprus       (1983)
                    (submitted t o t h e Council              by t h e Commission)
COM(83) 76 f i n a l
 ---pagebreak---                                                             EXPLANATORY MEMORANDUM
   Article        2 of Council          Regulation          ( E E C ) No 3746/81           l a y i n g down t h e a r r a n g e ­
  ments a p p l i c a b l e t o t r a d e       with      the Republic           o f C y p r u s b e y o n d 31 December
  1981,       the v a l i d i t y   o f w h i c h i s e x t e n d e d t o 30 June 1 9 8 3 , p r o v i d e s            f o r the
  period        16 May t o 30 J u n e 1983 f o r t h e o p e n i n g o f a Community t a r i f f                           quota
  for     the importation             i n t o t h e Community o f 60,000 t o n n e s o f new p o t a t o e s
  originating            i n Cyprus, f a l l i n g       w i t h i n s u b h e a d i n g 07.01 A I I b) o f t h e
  Common Customs             Tariff.
  The    Customs d u t y a p p l i c a b l e w i t h i n t h e l i m i t s o f t h i s              quota i s equal t o
  45%    of t h e duty a c t u a l l y a p p l i e d t o t h i r d            countries.
  Accordingly           the t a r i f f    quota i n question               has t o be o p e n e d .
 The     provisions         of the Regulation                 l a y down t h a t       t h e q u o t a volume s h a l l       be
 divided         i n t o two i n s t a l m e n t s ,   the f i r s t     t o be a l l o c a t e d among t h e Member
 States        a n d t h e s e c o n d t o c o n s t i t u t e t h e Community               reserve.
 As    r e g a r d s t h e a l l o c a t i o n o f t h e volume o f t h e f i r s t               instalment      of the
 tariff        quota, i t should             be p o i n t e d   out that        this      was c a r r i e d o u t on t h e
 basis of the rules generally applied                               s o f a r . Thus t h e sum o f t h e i m p o r t s
 by   e a c h Member S t a t e         during      the period          f r o m 1980 t o 1982 was p r o p o r t i o n a l
t o t h e Community i m p o r t s o v e r t h e same p e r i o d .                    The p e r c e n t a g e s r e s u l t i n g
from t h i s        were a p p l i e d - p e r Member S t a t e              - t o t h e volume o f t h i s           initial
q u o t a by r o u n d i n g up t h e l a s t         figures expressed                 i n tonnes.
As t h e method o f a d m i n i s t r a t i o n           t o be a p p l i e d b y a l l Member S t a t e s , t h e
Commission proposes t h e "greyhound"                             system.
This      i s the subject           of the proposal              annexed         hereto.
Annex: 1 p r o p o s a l        f o r a Regulation              (EEC) of t h e C o u n c i l .
 ---pagebreak---                                             Proposal f o r 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 C o m m o n
                                    Customs Tariff and originating in Cyprus (1983
     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 Article 2 of Council Regulation (EEC) No
      3746/81 of 21 December 1981, laying down the
      arrangements applicable to trade with Cyprus beyond
      31 December 1981 (')    a s  amended by R e g u l a t i o n (EEC)NO 3532/82(2)
                              provides for the opening of a
      Community tariff quota of 60 000 tonnes of new pota­
      toes, originating in Cyprus and falling within sub­
      heading 07. 01 A II b) of the Common Customs Tariff,
      at a rate of customs duty equal to 45 % of the customs
      duty in the Common Customs Tatiff, for the period 16
      May to 30 June 1 9 y ; whereas it is necessary to open
      this Community tariff quota for the period in ques­
      tion ;
(1) 0 J No L 3 7 4 , 3 0 . 1 2 . 1 9 8 1 , p.4
( 2 ) OJ No L 3 7 1 , 3 0 . 1 2 . 1 9 8 2 , p.2
 ---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 rates 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 Cyprus 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, the corresponding imports by each of the
 Member States represent the following percentages of
 the imports into the Community from Cyprus of the
 products concerned:
       • Member States           1980      1981     1582
 Benelux                         1 -2      3.7      4.2
  Denmark                         —         —        —
 Germany                         1.1       3.2      4,7
 Greece                           —         —        —
 France                           —         —
                                                     -
 Ireland
 Italy
                                6.2
                                  —
                                           0,1
                                            —
                                                     -
                                                     —    ,
  United Kingdom               91,5      93,Q       91,1
  Whereas, in view of these factors of market forecasts for
  the products i n question and i n particular of the
  estimates submitted by certain Member States, initial
  quota shares may be fixed approximately at the
  following percentages:'
         Benelux    '                            5.5
         Denmark                                 0.9
         Germany                                 6.5
         Greece                                  0.9
         France                                  0.9
         Ireland                                 0.9
         Italy                                   0.9
         United Kingdom                         83.5
 ---pagebreak---                                            - 3 -
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
States and the second constituting a reserve to cover at a
later date the requirements of the Member States which
have iised up their initial quota shares; whereas, in
order to give importers in each Member State a certain
degree of security, the first instalment of the
Community quota should under the circumstances be
fixed at 9 0 % of the quota volume;
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
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 i n 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,
 ---pagebreak---                                                  - 4-
       HAS ADOPTED THIS REGULATION :
                            Article 1
                                               3
       1. From 16 May to 30 June 198, the Common
       Customs Tariff duty for new potatoes falling within
      subheadn i g 07.01 A II b) of the Common Customs
      Tariff and originating in Cyprus shall be suspended at
      9-4% trjthftf the limits of a Communtiy tariff quota
      of 60 000 tonnes.
      apply the customs duties calculated in accordar.ee v.'ith
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      The protocol on the definition of the concept of 'origi­
      nating products' and on methods of administrative
      cooperation %( annexed to the Additional Protocol to
      the Agreement between the European Economci
      Communtiy and Cyprus, shall be applicable.
(1) 0J No L 339, 28.12.1977, p. 19
 ---pagebreak---                             - 5 -
                              Article 2
     1. The Community tariff quota referred to in Article 1
     shall be divided into two instalments.
                                         54 000
     2. A first instalment amounting to         tonnes shall be
     allocated among the Member States; the respective
     shares, which subject to Article 5 shall be valid until
30 June 1982               shall be as follows:
                                                   (tonnes)
            Benelux                          ' 3 000-
            Denmark                                 500
            Germany                              3 500
            Greece                                  500
            France                                  500
            Ireland                                 500
            Italy                                   500
            United Kingdom                    45 000
                                    6 000
    3. The second instalment of          tonnes shall constitute
    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 15 % 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 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.
 ---pagebreak---                                                        - 6 -
    3. If, after its second share has been used up, 90 % or It shall inform the Member States, not later than
    more of the third share drawn by a Member State has 20 June 1983 > °^ ' amount in the reserve after
                                                                                         t le
    been used up, that Member State shall, in accordance quantities have been returned thereto pursuant to
    wkfe-the conditionsJaid down in paragraph 1, draw a           Article 5.                         >-·
    fourth share equal to the third.
                                                                  It shall ensure that the drawing which exhausts the
    This process shall continue until the reserve is used up. 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.
   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                                Article 7
   they might not be used up. It shall inform the
   Commission of its reasons for applying this paragraph. 1. The Member States shall take all measures necessary
                                                                 to ensure that additional shares drawn pursuant to
                                                                 Article 3 are opened in such a way that imports may be
                                                                 charged without interruption against their accumulated
                                                                 shares of the tariff quota.
                           Article 4
   The additional shares drawn pursuant to Article 3 shall the  2. The Member' States shall ensure that importers of
                                                                      products in question
   be valid until 30 June 1983.
                                                                have free access to the shares allocated to them.
                                                                3. The Member States shall charge the imports of the
                                                                products concerned against their shares as and when the
                           Article 5                            products arc entered with customs authorities for free
                                                                circulation.
  The Member States shall return to the reserve, not later
  than 15 June 1983such unused portion of their 4. The extent to which a Member State has used up its
  initial share as, on 10 June 1983-, is in excess of shares shall be determined on the basis of the imports
  20 % of thé initial volume. They may return a larger charged in accordance with paragraph 3.
 quantity if there are grounds for believing dial this
 quantity may not be used.
                                                                                       Article 8
 The Member States shall notify the Commission, not
. later than '1 5 June 1933of the total quantities of theAt the Commission's request, the Member States shall
 products in question imported up to 10 June 1983 inform it of imports of the products concerned actually
 and charged against the tariff quota and of any quantitycharged against their shares.
 of the initial shares returned to the reserve.
                                                                                       Article 9
                                                               The Member States and the Commission shall cooperate
                          Article 6                            closely to ensure that this Regulation is complied with.
The Commission shall keep an account of the shares
operifd by the Member States pursuant to Articles 2                                   Article 10
and 3 and, as soon as it is notified, shall inform each
Member State of the extent to which the reserve has            This Regulation shall enter into force on 1ft May
been used up.                                                  198 3.
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels,
                                                                                      For the Council
                                                                                       The President