CELEX: 51994PC0197
Language: en
Date: 1994-05-17
Title: Proposal for a COUNCIL REGULATION (EC) laying down special rules for imports of apples and pears

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             COMMISSION OF THE EUROPEAN COMVTUNITIES
                                                        C0M(94) 197 final
                                                        Brussels, 17.05.1994
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                     Amendment of the proposal for an exchange of letters
                  between the European Community and the Republic of Chile on
                  imports of apples and pears to the European Community
                                         Proposal for a
                                    COUNCIL REGULATION (EC)
                   laying down special rules for imports of apples and pears
                                    (presented by the Commission)
 ---pagebreak---                             Explanatory memorandum
subject x        1) Amendment of the proposal for an exchange of letters
                 between the European Community and the Republic of Chile on
                 imports of apples and pears to the European community
                 2) Proposal for a Council Regulation (EC) laying down
                 special rules for imports of apples and pears
Following the discussions in the SCA on 10 May 1994 it is proposed to amend
the proposal for an exchange of letters between the European Community and
the Republic of Chile on imports of apples and pears to the European
Community by restricting the scope of the agreements on the application of
Regulation No 1035/72 to apples and pears and by applying to pears also the
concession granted to apples in the context of the implementation of the
results of the Uruguay Round under paragraph 2(c).
The proposal for a Council Regulation replaces the proposal for a Council
Regulation (EC) amending Regulation (EEC) No 1035/72 on the common
organization of the market in fruit and vegetables.
Instead of amending Council Regulation (EEC) No 1035/72 it is proposed, on
the basis of Article 113 of the Treaty, to apply Articles 24 to 27 of that
Regulation differently, as originally agreed with Chile, but without
amending the Regulation.
Thus, as regards imports of apples and pears, the following rules will be
applied:
(1) representative prices will be taken into account for at least 60% of the
quantities and a weighted mean will be calculated for the establishment of
the entry price;
(2) the countervailing charge will be abolished after four succcessive
working days without a price;
(3) in anticipation of the abolition of the countervailing charge, the
representative prices for a product of given origin will be ignored if they
relate to negligible quantities.
since trade in agricultural products with third countries falls within the
exclusive competence of the Community, the measures must be taken at
Community level.
                               S
 ---pagebreak--- PROPOSED AMENDMENTS TO THE EXCHANGE OF LETTERS WITH CHILE
a)  Paragraph 1 is replaced by the following text :
    *As regards imports of apples and pears the EC shall apply the following
    provisions :
    a)    the entry price for a given exporting country shall be equal to the
          lowest representative price, or to the weighted average of the
          lowest representative prices, recorded for at least 60 % of the
          quantities from the exporting country concerned which are marketed
          on all representative markets for wich prices are available.
    b)    the countervailing charge will be withdrawn if there are no prices
          below the reference price for four consecutive working days in
          respect of the exporting country concerned.
    c)    as regards the abolition of a countervailing charge, if only
          insignificant sales take place for a day, it shall be deemed that no
          sales have taken place on that day."
b)  Paragraph 2(is replaced by the following text :
     "When implementing the result of the Uruguay Round, the EC shall add :
     - the following lines to subheading 0808.10.99 for the period 1 April to
       30 June in respect of its Annex on Apples (enclosed) :
       ... not less than 56.4 ECU but less than 57.7 : 6 % + 6.3 ECU
       ... not less than 55.2 ECU but less than 56.4 : 6 % + 7.5 ECU
       ... equal to or lower than 55.2 ECU             6 % + 29.7 ECU
     - the following lines to subheading 0808.20.33 for the period 1 April to
       30 June in respect of its Annex on Pears (enclosed)
       ... not less than 51.2 ECU but less than 52.3 : 5 % + 5.7 ECU
       ... not less than 50.1 ECU but less than 51.2 : 5 % + 6.8 ECU
       ... equal to or lower than 50.1 ECU              5 % + 29.7 ECU
     These figures shall be adjusted in line with the implementation of the
     EC's Uruguay Round commitments."
 ---pagebreak---                                                ANNEX
                                               PEARS
CN C o d e Description                                            Rate of duty
0808 20    - Pears and quinces :
              Pears:
0808 20 10     Peery pears, in bulk, from 1 August to 31 December 9% MIN 0,45 ECU/100 kg net
               Other:
0808 20 31      From 1 January to 31 March:
                 With an entry price per 100 kg net of:
                  not less than 56,9 ECU                          10%
                  not less than 55,8 ECU but less than 56,9 ECU   10% + 1 , 1 ECU/100 kg net
                  not less than 54,6 ECU but less than 55,8 ECU   10% + 2 , 3 ECU/100 kg net
                  not less than 53,5 ECU but less than 54,6 ECU   10% + 3,4 ECU/100 kg net
                  not less than 52,3 ECU but less than 53,5 ECU   10% + 4,6 ECU/100 kg net
                  less than 52,3 ECU                              10% +29,7 ECU/100 kg net
0808 20 33      From 1 April to 30 April:
                 With an entry price per 100 kg net of:
                  not   less than 56,9 ECU                        5%
                  r.ot less than 55,8 ECU but less than 56,9 ECU  5% + 1,1 ECU/100 kg net
                  not less than 54,6 ECU but less than 55,8 ECU   5% + 2,3 ECU/100 kg net
                  not less than 53,5 ECU but less than 54,6 ECU   5% + 3,4 ECU/100 kg net
                  r.ot less than 52,3 ECU but less than 53,5 ECU  5% + 4,6 ECU/100 kg net
                  less than 52,3 ECU                              5% + 29,7 ECU/100 kg net
0808 20 34      From 1 May to 3 0 June                            5% MIN 2,00 ECU/100 kg net
0808 20 35      Frcm 1 July to 15 July:
               • V."irh an entry price per 100 kg net of:
               •- r.o: less than 52,4 ECU                         5%
               -- r.ot less than 51,4 ECU but less than 52,4 ECU  5% + 1,0 ECU/100 kg net
               -- r.ot less than 50,3 ECU but less than 51,4 ECU  5% + 2,1 ECU/100 kg net
               -- r.ot less than 4 9,3 ECU but less than 50,3 ECU 5% + 3,1 ECU/100 kg net
               •- r.ot less than 4 8,2 ECU but less than 49,3 ECU 5% + 4,2 ECU/100 kg net
               -- less than 48,2 ECU                              5% + 29,7 ECU/100 kg net
0808 20 36      From 16 July to 31 July:
               • Kith an entry price per 100 kg net of:
               •- r.ot less than 52,4 ECU                         10%
               -- r.ot less than 51,4 ECU but less than 52,4 ECU  10% + 1 , 0 ECU/100 kg net
               •- r.ot less than 5 0,3 ECU but less than 51,4 ECU 10% + 2 , 1 ECU/100 kg net
               -- r.ot less than 4 9,3 ECU but less than 50,3 ECU 10% + 3 , 1 ECU/100 kg net
               -- not less than 4 8,2 ECU but less than 4 9,3 ECU 10% + 4 , 2 ECU/100 kg net
               -- less than 4 8,2 ECU                             10% + 29,7 ECU/100 kg net
 ---pagebreak--- 0808 20 39 From 1 August to 31 October:
            With an entry price per 100 kg net of:
             not less than 44,7 ECU                        13%
             not less than 43,8 ECU but less than 44,7 ECU 13% + 0,9 ECU/100 kg net
             not less than 42,9 ECU but less than 43,8 ECU 13% + 1 , 8 ECU/100 kg net
             not less than 42,0 ECU but less than 42,9 ECU 13% + 2,7 ECU/100 kg net
             not less than 41,1 ECU but less than 42,0 ECU 13% + 3,6 ECU/100 kg net
             less than 41,1 ECU                            13% + 29,7 ECU/100 kg net
0808 20 40 From 1 November to 31 December:
            With an entry price per 100 kg net of:
             not less than 56,9 ECU                        13%
             not less than 55,8 ECU but less than 56,9 ECU 13% + 1 , 1 ECU/100 kg net
             not less than 54,6 ECU but less than 55,8 ECU 13% + 2,3 ECU/100 kg net
             not less than 53,5 ECU but less than 54,6 ECU 13% + 3 , 4 ECU/100 kg net
             not less than 52,3 ECU but less than 53,5 ECU 13% + 4,6 ECU/100 kg net
             less than 52,3 ECU                            13% + 29,7 ECU/100 kg net
 ---pagebreak---                                 Proposal for a
                      COUNCIL REGULATION (EC) No     /94
                                      Of
          laying down special rules for imports of apples and pears
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) N* 1035/72 of 18 May 1972 on the
common organization of the market in fruit end vegetables < 1 ) , as last
amended by Regulation (EC) N* 3669/93< 2 ), and in particular Article 28(z)kUcAeaÇ
Having regard to the proposal from the Commission,
Whereas the Council has approved the exchange of letters between the
European Community and the Republic of Chile on the importation of apples
and pears into the European Community;
whereas that exchange of letters provides for special rules for imports of
apples and pears within the framework of the system of reference prices
provided for in Council Regulation (EEC) No 1035/72, to wit* (1) the taking
into account of representative prices for at least 60% of the quantities and
the calculation of a weighted mean for the establishment of the entry price,
(2) the abolition of the countervailing charge after four successive working
days without a price, and (3) the provision that, in anticipation of the
abolition of the countervailing charge, the representative prices for a
product of given origin should be ignored if they relate to negligible
quantities;
Whereas these special rules should be applied until the results of the
Uruguay Round are implemented for imports of apples and pears;
Whereas, therefore, the undertakings thus entered into by the Community with
regard to the Republic of Chile concerning imports of apples and pears into
the community should be implemented,
HAS ADOPTED THIS REGULATION:
(1)     OJ N* L 118, 20.5.1972, p. 1.
(2)     OJ N* L 338, 31.12.1993, p. 26
                               S
 ---pagebreak---                                   Article 1
with regard to imports of apples and pears, the Commission shall,
exceptionally, apply the following rulesi
a.   The entry price within the meaning of Article 24(3) of Regulation (EEC)
     No 1035/72 for a given exporting country shall be equal to the lowest
     representative price or to the weighted mean of the lowest
     representative prices recorded for at least 60% of the quantities from
     the exporting country in question marketed on all representative
     markets for which prices are available.
b.   The countervailing charge referred to in Article 26(1) of the
     Regulation in question shall be abolished when, for a given exporting
     country, the entry prices are not lower than the reference prices for
     four consecutive market days.
c.   For the purposes of the abolition of the countervailing charge as
     referred to above, a day on which the volume of sales is negligible
     shall be considered to be a day without transactions.
                                  Article 2
This Regulation shall enter into force on the third day following its
publication in the official Journal of the European Communities.
it shall apply until the date of implementation of the results of the
Uruguay Round for imports of apples and pears.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                     For the Council
                                    - / -
 ---pagebreak---               's. • y.
          |ï'||§|||nv..v;... '                                .   .... ISSN 0254-1475
                                                                COM (94) 197 final
                                                      DOCUMENTS
EN                                                                           i l 03
                                Catalogue number : CB-CO-94-212-EN-C
                                                             ISBN 92-77-68836-X
Offîce for Official Publications of the European Communities
L-2985 Luxembourg
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