CELEX: 51975PC0135
Language: en
Date: 1975-04-04
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1) aa) of the Common Customs Tariff, originating in Israel. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 135
Vol. 1975/0047
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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(75 ) 135 final
                                         Brussels , 4 April 1975
                               Proposal for a
                       REGULATION ( EEC ) OP THE COUNCIL
           opening , allocating and providing for the administration
           of a Community tariff quota for apricot pulp falling
          within subheading ex 20.06 B II c ) l ) aa) of the Common
           Customs Tariff , originating in Israel .
                ( submitted to the Council by the Commission)
    C0M 75 ) 135 final
 ---pagebreak---                        "xplanatory mémorandum
1. The Agreement between the European Economic Community and the
   State of Israel provides in Article 10 of Protocol Ho . 1 annexed
   thereto for the opening of an annual Community tariff quota for
   the importation into the Comrriunity of 150 metric tons of apricot
   pulp , originating in Israel , falling within subheading ex 20.06
   B II c ) 1 aa) of the Common Customs Tariff .
   The customs duties applicable within the limits of this quota are
   equal to 70% of the duties actually applied to non-member coun­
   tries .
   If the quota period does not cover a full calendar year , the
   tariff quota opened will be proportionate to the period involved .
   Since the Agreement will in fact enter into force on 1 July 1975 1
   the quota volume will be 75 metric tons for the remainder of the
   year .
   Accordingly the tariff quota in question has to be opened .
2. The proposal for a Regulation opening this tariff quota makes
   provision, as is usual , for the division of the quota volume
   into two tranches , the first of which is allocated by shares to
   the Member States , while the second constitutes ,a reserve .
   It does not seem possible , in this case , to base the allocation
   of the first tranche on the rules generally applied , that is ,
   to relate the .total imports by each Member State during the past
   three years to the Community imports over the same period and
   to apply for each Member State the resulting percentages           to the
   volume of the first tranche .   As only one Member State has regularly
   imported the products concerned and the other Member States have
   imported them only occasionally if at all , an allocation scale
   based on estimates put forward by some Member States and on the
                                                               /
                                                         . « •/ . . .
 ---pagebreak---                                 -2-
    need to allocate the (juot a volume fairly among' the Member
    States appears suitable »-
3.  The form of administration to be applied by all the Member
    States is the "grejr-houhd-systera"*
4.  It is proposed that the proposal for a Council Regulation opening
    the Community tariff quota described in paragraph 1 above
    be approved .
AM3X :
1 proposai for a Régulation (EEC ) of the Council
 ---pagebreak---                                Proposal for a
                  Regulation ( EEC ) No ,            75 of the Council
                              of ................
               opening , allocating and providing for the administration
               of a Community tariff quota for apricot pulp falling .
               within subheading ex 20.06 E II c ) l ). aa) of the Common •
               Customs Tariff f originating in Israel .                .
     THE COUNCIL OP THE EUROPEAN COIEIUNITIES ,
  . Having regard to the Treaty establishing the European Economic
     Community , and in particular Articles 43 and 113 thereof ;
     Having regard to the proposal from the Commission ;
     Having regard to the opnion of the European Parliament ;
     Whereas the Agreement' between the European Economic Community
     and the State of Israel , signed on 1                1975 » provides
     in Article 10 of the Protocol No . 1 annexed thereto for the
   * cpeniAg bjf the Community -of a annual Community, tariff quota of 150
 • metric tons of apricot pulp falling within subheading ex 20.06 B II
   . c) l ) aa) of the Common Customs Tariff , originating in Israel ;
     whereas the customs duties applicable- to the quota are equal to
     70/? of the duties actually applied to non-member countries ; -
     whereas if the quota period does not cover a full calendar year
     the quota opened must be proportionate to the period involved ;
     whereas since the above Agreement will enter into force on
^lJuly ,197^/t a Community tariff quota of/fhymetric "t°ns should
     therefore be opened';
 ---pagebreak---                                    -2-
Whereas equal and. continuous access to the quota should be ensured
for all Community importers and the rate of levy for the tariff quota
should be applied .consistently to all imports of the product - in ques­
tion until the quota is used up ; whereas a Community tariff arrange­
ment based on an allocation between the Member States vrould seem to
preserve the    Community nature of the quota , having regard to the
principles mentioned above ; whereas , to represent as closely as
possible the actual development of the market in the product in ques­
tion , the allocation should follow proportionately the requirements
of the Member States calculated from both statistics of imports from
Israel during a representative reference period and the economic
outlook for the quota period in question ;
IJhereas , during the last three years for which statistics are avail­
able , the corresponding imports by each of the Member States represent
the following percentages of the imports into the Community from
Israel of the products concerned : .
                       1971            1972                1973
Benelux                            y    -                  58.6(=58 t )
penmark
Germany                 -   ■          43.3(=13 t )    '      -
France ■ -
                                            •               .   ..        ./
Ireland                 •M
Italy
United Kingdom         loo(=91 t )     56.7(-l7 t ) '      41.4(=41 t >
                                                         I
                                                                   '• « •/ • • •
 ---pagebreak---                                          -3-
  Whereas those data cannot "be considered as representative to serve as
  a basis for allocation of the quota volume among the Member States ;
  whereas it is difficult to estimate imports by Member States for'
  1975 because of the absence of any pattern in previous years ;
  whereas to allocate the quota volume fairly , the initial quota
  shares may bo fixed approximately as follows :                             ,
                               Bénélux               15$               -       .
                               Denmarlc                5
                           . ■ Germany               25$                 ' -
                               France                ICffc
                               Ireland                 5$
                   ' ' " '     Italy    ' -
                               United Kin<jdom       35%                   '
 Whereas , to take account of future import trends in the various
 Member States for the products concerned , the           quota volume should
  bo divided into two tranches , the first being allocated amongst the
 Member States and the second held as a reserve to cover at a later
  date the requirements of Member         States which have ttaad up their
  initial share ; whereas , to give importers some certainty , the first
  tranche of the Community tariff quota could be fixed at £Cfo • • ; ■
  of the quota volumes ;
 Tfhcreas the initial shares may be used up more or less quickly ;
 whereas , therefore , to avoid disruption of supplies , any Member
. State which has almost used up its initial share must draw a
  supplementary share from the reserve ; whereas this must be done ,;,
  by each Member State as each, one of its supplementary shares
  is almost . vised up , and as many times as the reserve allows ;
  whereas each initial and supplementary share must be valid until
 ---pagebreak---                                    -4-
thejend of the quota period ; whereas this form of administration
requires close collaboration between Member States and the Commission ,
and tho Commission must be in a position to follow the extent to -jhich
the tariff quotas have been used up and inform the Member States
thereof ; .                                                          ,
VJhercas if , at a given date in the quota period , a considerable
quantity of the initial share is left over in a Member State , it is
essential that that State should return a significant proportion to
the reserve to prevent a part of the Community 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 jointly represented by tho
Benelux Economic Union , any measure concerning the administration
of the shares allocated to that Economic Union may be carried out by
any one of its members ,
RAS AD0PT3D THIS BEGULATICÏÏ :                 ■  > .          .       ,
                                 Article 1
1 , Fron^l July' 197jy to 31 December 1975 » a Community tariff quota
    of/jJ7metric tons shall be opened in the Community for apricot
    pulp , falling within subheading ex 20.06 B II c ) 1 : aa) of the
    Common Customs Tariff , originating in Israel .
2 ^ I'Jithin the limits of this tariff quota the Common Customs Tariff
    duty applicable to these products shall be partially suspended
    at a rate of 11.$$.
3,  Uithin the limits of this tariff quota the new Member States
     shall apply duties calculated in accordance with the provisions
     of Protocol No . 1 annexed to the Agreement between the Community
    and the State of Israel and of the Act of Accession .
                                                                 /
                                                            • •/ • • •
 ---pagebreak---                                           -5-
                  .   .        ,      Article 2
1 , A first tranche of^C/ jnetric tons of the Community tariff
    quota referred to in Article 1 shall , bo allocated among the
    Member States ; the shares which , subject to Article 5> shall
    be valid until 31 December 1975 shall be as follcvfs : '
        , .« . Benelux
                    Bénélux             -    OJ netric tons
     ..          • Denmark
                    Denmark                 CO metric tons
              ■     Germany                        metric tons
                    France
                    France                 C 3. metric tons
                    Ireland
                    Ireland         .      £ 2[ metric tons
                    Italy
                    Italy                  Cg: metric tons
                    United Kingdom
                    United  Kingdom        / 18/ metric tons
2 . A second. tranche
                  tranche of^j/.metric
                           QiZ/Q/ .motric  tons shall constitute a reserve ,
                . . _                 Article 3
                                                          t. •
!• If SOfo or more of a Member State 's initial share as specified in
    Article 2 ( l), or of that share minus the portion returned to the
    reserve where Article 5 is applied , has been used up , that Member
    State BhaLl without delay , by notifying the Commission, draw a
    second share equal tc 15^ of its initial share , rounded up where
    necessary to the next unit , to the extent permitted by the amount
    of the reserve .
                                                                        /
                                                                  * • •/ • • •
 ---pagebreak---                                   -6-
2.  l"f , after its initial share has been used up , 90JJ or more of
    the second share dravm by a Member State has been used up , that
    Member State shall , in accordance with the conditions imposed
    by paragraph 1 , draw a third share,' equal to 7»5$ of its initial
    share , rounded up where necessary to the next unit#
3 . If , after its second share has been used up , yCffc or more of the
    third share dravm by a Member State has been used up ; that
    Member State shall , in accordance with the same conditions ,
    draw a fourth share equal to the third .
    This process shall continue to apply until the reserve is used
    up .
4.  Iy way of derogation from paragraph 1 to 3 , a Member State
    may draw shares lover than those fixed i-n those paragraphs
    if there are grounds for believing that they may not be used
    up .   It shall inform the Commission of its reasons for applying
    this paragraph •
                               Article 4
Supplementary, shares drawn pursuant to Article 3 shall be valid
until 31 December 1975 •
                               Article 5
    The Member States shall return to the reserve , not later than
    15 November 1975 » "the unused portion of their initial shp,re
    which , on 1 November 1975 » is in excess of 20% of the initial
    amount#    It may return a greater portion if there are grounds
    for believing that it may not bo used up .
                                                           • « */ • • •
 ---pagebreak---                                    -7-
   Member States shall ,. not later than 15 November 1975 » notify the
   Commission of the total quantities of the said goods imported
   up to and including 1 November 1975 and. charged against the
   Community tariff quota and any quantities of the initial share
   returned to the reserve .
                                Article 6
   The Commission shall keep an account of the shares opened by the
   Member State pursuant to Articles 2 and 3 and shall , as soon as
   it has been notified , inform each state of the extent to which the
   reserve has been used up »
   It shall inform the Member States , not later than 20 November 1975 »
   of the amount still in reserve after amounts have been returned
   thereto pursuant to Article %
   It shall ensure that the drawing which uses up the reserve is
   limited to the balance available and to this end shall specify
   the amount thereof to the Member State making the last drawing .
                                Article 7
              /•
1, Member States shall take all measures necessary to 'ensure that
   supplementary shares drawn pursuant to Article 3 are opened in such
   a way that imports may be charged without interruption against their
   accumulated   shares in the Community quota .
2» Member States shall ensure that importers of the said goods
   established in their territory have free access to the shares
   allocated to them .
                                                           * • •/ • • •
 ---pagebreak---                                  -8-
3.  Member States shall charge imports of the said goO.ds against their
    shares as and when such goods are entered for home use .
4.  The extent to which a Member State has used up its share shall
    be determined on the basis of imports charged in iaccordanco
    with paragraph 3 ,               '
                              Article 8
    Member States shall inform the Commission at regular intervals
    of imports actually charged against their shares .
 /
                             Article 9
    The Member State and the Commission shal co-operate closely in
    order to ensure that this Regulation is observed .
                             Article 10
    TLis Regulation shall be binding in its entirety and directly
    applicable in all Member States ,
Done at Brussels ,                               For the Cotpicil
                                                 The Président