CELEX: 51988PC0442
Language: en
Date: 1988-09-13
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen peas originating in Sweden (1989) (presented by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (88) 442
Vol. 1988/0163
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(88 ) 442 final
                                          Brussels , 13 September 1988
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
   opening , allocating and providing for the administration of a
       Community tariff quota for frozen peas originating in
                                 Sweden
                                 ( 1989 )
                    ( presented by the Commission )
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1.    The Agreement in the form of an exchange of letters between the
      European Economic Community and SXveden concerning agriculture and
      fisheries , approved by the Council Decision of 15 September 1986
      ( 1 ) , provides for the opening of an annual Community tariff quota of
      6 000 tonnes for frozen peas falling within subheading ex 07.02 B of
      the Conmon Customs Tariff and originating in Sweden , of which 4 500
      tonnes are reserved for Spain . The rate of duty to be applied under
      this tariff quota is reduced to 4.5 % in Spain and 6 % in the other
      Member States .
2.    The purpose of this proposal is to implement the tariff quota for
      the period 1 January to 31 December 1989 . Account is taken of the
      entry into force on 1 January 1988 of the Combined Nomenclature in
      place of the Cannon Customs Tariff .
3.    Tne Commission’ s proposal for this product is based mainly on those
      usually put forward in the field of tariff quotas , namely :
      - the quota volume is divided into two parts , the first consisting
         of a fairly large quantity allocated among certain Member States
         which are regular importers of the product in question , and the
          second being held in reserve to cover any supplementary needs of
          those Member States and any needs which might arise in the other
         Member States .
      - the allocation of the initial shares to the Member States is based
         cxi the Decision referred to above in the case of the share
          reserved for Spain , on past imports into the other Member States
          from Sweden over the last three years for which statistics are
         available and on the estimated needs of the Member States over the
         quota period .
( 1 ) OJ Nu L 328, 22.11.1986 , p. 89 .
 ---pagebreak--- Figures for imports from SWeden into the Member States of the Cbmnunity
other than Spain over the last three years are as follows :
                                                  ( tonnes )
Member State                1985          1986         1987
Benelux                       20             0            0
Denmark                       42           273          363
Germany                    2 567         3 475        2 924
Greece                       272            91          315
France                         0             0           20
Ireland                        0             0             0
Italy                     14 879        14 643       12 953
Portugal                     431           262          208
United Kingdom             1 160         1 499           40
                          18 940        20 243       16 823
On the basis of this information and the estimaed needs of those Mrmo.-T
States , the following initial percentages of that part of the quota not set
aside for Spain of for the Community reserve can be allocated :
Member State
Benelux                          0.04
Denmark                          1 . 21
Germany                        16.00
Greece                           1 . 21
France                           0.04
Italy                          75.84
Portugal                         0.84
United Kingdom                   4.82
                                                                        2
 ---pagebreak---                                                     Proposal for a
                                           COUNCIL REGULATION (EEC) No
                                                     of '
                 opening, allocating and providing for the administration of a Community tariff quota for
                 frozen peas,
                                                          . originating in Sweden      ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             States based on statistics of imports of the said products
                                                                     from Sweden during a representative reference period
                                                                     and on the economic oudook for the quota year in
Having regard to the Treaty establishing the European                question ;
Economic Community, and in particular Article 113
thereof,
                                                                     Whereas during the last three years for which statistics
                                                                     are available, imports of peas, including chick peas, from
Having regard to the Act of Accession of Spain and                   Sweden into each of the Member States, other than
Portugal,                                                            Spain, were as follows :
                                                                                                                             (tonnes)
Having regard to the proposal from the Commission,
                                                                               Member State                     1985        1986       1987
Whereas an Agreement between the European Economic
Community and the Kingdom of Sweden was concluded                    Benelux                                        20           0          0
                                                                     Denmark                                        42                   363
on 22 July 1972 ; whereas following the accession of                                                                           273
                                                                                                                                       2 924
Spain and Portugal to the Community, an Agreement in                 Germany                                    2 567       3 475
                                                                     Greece                                       272           91       315
the form of an Exchange of Letters has been concluded                France                                          0           0        20
and approved by Council Decision 86/558 / EEC (‘);                   Ireland                                         0           0          0
                                                                     Italy                                     14 879      14 643     12 953
                                                                     Portugal                                        0         262       208
Whereas the said Agreement provides for the opening of               United Kingdom                             1 160       1 499         40
a 6 000-tonne Community tariff quota at a reduced rate
of duty for frozen peas originating in Sweden, 4 500                                                                                  16 823
tonnes of which are reserved for Spain ; whereas                                                             18 940        20 243
therefore, the tariff quota in question should be opened
for the period from 1 January to 31 December 198 9
                                                                     Whereas, during the years under consideration, the
                                                                     products in question were imported only . by certain
                                                                     Member States and not at all by the other Member
                                                                     States ; whereas , under these circumstances , initial shares
                                                                     should be allocated to the importing Member States and
                                                                     the other Member States should be guaranteed access to
                                                                     the tariff quota when notification is given of imports into
                                                                     those States of the products concerned ; whereas these
                                                                     arrangements for allocation will also ensure the uniform
                                                                     application of the Common Customs Tariff;
                                                                     Whereas in view of these factors , the initial percentage
                                                                     shares of the quote volume of the Member States other
                                                                     than Spain can be expressed approximately as follows :
 Whereas equal acid continuous access to die quota                              Benelux                           0.04
 should be ensured for all Community importers and the                          Denmark                           1.21
 rate laid down for the quota should be applied consist¬                                                         16.00
                                                                                Germany
 ently to all imports until the quota is exhausted ; whereas,                   Greece
                                                                                                                  1I ■ – I
 in the light of these principles, allocation of the tariff                      France                           0.04
 quota among the Member States would seem to preserve                            Italy                          75.84
 the Community nature of the quota ; whereas in order to                         Portuga l                        0.84
 correspond as closely as possible to the real trend of the                     United Kingdom                    4.82
 market for the product in question the allocation should
 reflea      the     requirements          of the    Member          Whereas to allow for the trend of imports of the product
                                                                     concerned , the quota volume should be divided into two
                                                                     parts, the first being aflorated among the Member States
 (■) OJ No L 3Î8 , :iz. îl . ty ?*, p. 89.                           and the second held as a reserve tc cover any subsequent
 ---pagebreak---  tequreav-m of Merger Sjure vHkh hare used up ihnit                   WpcfeM if *t a given date in the quo a penod *
         share ; v!reread, to atferd importers in etch                considerable quantify cf a Member State 's initial share
Member otate some degree of ce tainty, the first part cf              remains unused , it is essential ti . at the Member State
the tarft quo-a shou 'd be set ut a high level, which in              concerned should return a significant proportion thereof
this ca..e ccaid be 9? °/c of the quota volume ;                      m i he reserve in order to prevent pact of the Community
                                                                      tank p.icta from remaining unused ir. one Membe- State
Whcivv. the initial shares may be used up at different                when it could be useu in others ;
rates ; whereas, in order to avoid any break in the
continuity of supplies on this account, it should be                  Whereas since the Kingdom of Belgium , the Kingdom of
provided that any Member State which has almost used                  die Netherlands and the Grand Puclv of Luxembourg
un its initial share should rkaw an additional share from             are united within and jointly represented by the Benelux
the resect t ; whereas, each time its additional share is             Economic Union, any operation concerning the adminis¬
almost used up., a Member State should draw a further                 tration of the quota shares allocated tc that economic
share and so cn as many times as the reserve allows ;                 union may be carried out by any one of its members,
wk -" TS the initial and additional shares must be valid
Ui til the end of the quota period ; whereas this form of             HAS ADOPTED THIS REGULATION :
administration requires close cooperation between the
Member States and the Commission and the latter must
                                                                                                   Article 1
be able to monitor the extent to which the quota volume
has been used up and inform the Member States                         1.     From 1 January to 31 December 1989 the customs
accordingly;                                                          duty applicable to imports of the following products,
                                                                      originating in Sweden , shall be suspended at the level
                                                                      indicated and within the limits of a Community tariff
                                                                      quota as shown below :
   Order No          CN code                           Description                       Amount of quota             Rate of duty
                                                                                             (tonnes)                    (%)
   09.0613            0710 21 00      Frozen peas originating in Sweden                       6 000           4,5 in Spain
                  ex 0710 29 00                                                                               6 in the other Member
                                                                                                              States
2 . The Frotocol on the definition of the concept of                  not covered by the initial allocation and applies to take
originating products and on methods of administrative                 advantage of the quota, the Member State concerned
cooperation, annexed to the Agreement between the                     shall inform the Commission and draw an amount corre ¬
European Economic Community and Sweden shall be                       sponding to its requirements to the extent that the
applicable.                                                           available balance of the reserve so permits.
                            Article 2
                                                                                                    Article 3
1 . The tariff quota referred to in Article 1 ( 1 ) shall be
divided into two parts.                                               1.     If a Member State has used 90 % or more of its
                                                                      initial share, as specified in Article 2 (2), or of that share
2.     The first part of this quota shall be allocated among          less any portion returned to the reserve pursuant to
certain Member States ; the respective shares, which,                 Article 5, it shall forthwith, by notifying the Commission
subject to Article 5 , shall be valid until 31 December               and to the extent that the reserve so permits, draw a
1989, shall be as follows :                                           second share equal to 10 °/o of its initial share, rounded
                                           (in tonnes)                up where necessary to the next whole number.
           Benelux                                1-
           Denmark                               17
           Germany                             224                    2.     If, after its initial quota share has been used up, a
           Greece                                                     Member State has used 90 % or more of its second share
                                                 17
           Spain                           4 500                      as well, it shall forthwith using the procedure provided
           Trance                                 1                   for in paragraph 1 , draw a third share equal to 5 % of
            Italy                          1 069                      the initial share, rounded up where necessary to the next
            Portuga 1                            12                   whole number.
           United Kingdom                       67
3.     The second part of the quota amounting to 100
tonnes shall constitute the reserve .                                 3.     If, after its second share has been used up, a
                                                                      Member State has used 90 % or more of its third share,
4. If an importer gives notification of imminent                      it shall, using the procedure provided for in paragraph 1 ,
imports of the products in question into a Member State               draw a fourth share equal to the third.
 ---pagebreak---  This process shall continue until the reserve is used up.      It shall ensure that the drawirg       '.ticn e;.hau. ts
                                                                reserve does not exceed the balance avail' hie , m    .0 «... 7
 4 . By way of derogation frou . paragraphs 1 , 2 and 3 ,       end notify the amount of that balance to the Member
 Member States may draw smaller shares than those               State making the final drawing .
 specified in the said paragraphs if there is reason to
 believe that they might not be used in full. Member                                      Article 7
States shall inform the Commission of their reasons for
applying this paragraph .                                       1.    Member States shall take all appropriate measures
                                                                to ensure that additional drawings of shares pursuant to
                          Article 4                             Article 3 enable imports to be charged without inter¬
                                                                ruption against their accumulated share of the
Additional shares drawn pursuant to Article 3 shall be          Community tariff quota.
valid until 31 December 198 9 .
                                                                2.    Member States shall ensure that importers of the
                          Article 5
                                                                product concerned have free access to the quota shares
                                                                allocated to them .
By 1 October 198 9 at the latest Member States must
return to the reserve the unused portion of their initial       3 . Member States shall charge imports of the product
share which , on 15 September 1989 is in excess of 20 %         concerned against their shares as and when the goods
                                                                are entered with the customs authorities for free circu ¬
of the initial volume . They may return a greater portion       lation .
if there is reason to believe that it might not be used .
By 1 October 198 9 at the latest Member States must             4 . The extent to which a Member State has used up
notify the Commission of the total quantities of the            its shares shall be determined on the basis of the imports
product concerned imported on or before 15 September            charged in accordance with paragraph 3 .
1989 and charged against the Community quota and of                                       Article 8
any portion of their initial share that they are returning
to the reserve .                                                At the request of the Commission, Member States shall
                                                                inform it of imports actually charged against their quota
                          Article 6                             shares .
The Commission shall keep account of the shares drawn                                     Article 9
by Member States pursuant to Articles 2 and 3 and shall
inform each Member State of the extent to which the             The Member States and the Commission shall cooperate
reserve has been used up as soon as it has been notified.       closely to ensure that this Regulation is complied with.
It shall inform the Member States not later than                                         Article 10
5 October 198 9of the state of the reserve following any
return of quota shares pursuant to Article 5 .                  This Regulation shall enter into force on 1 January 198 9
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels ,
                                                                                     Fer tét Cottncil
                                                                                      The President
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Cliap . 12 art . 120
2.       Base juridique : art . 113 du traité
3.       Intitulé de la mesure tarifaire : Proposition de règlement du
        Conseil portant ouverture , répartition et mode de gestion d' un
        contingent tarifaire comnunautaire pour les pois congelés
        originaries de Suède
4.      Qpjectif : Respecter les engagements contractés par la Communauté
        vis-à-vis de la Suède
5.      Mode de calcul :
        No de la NC : 0710 21 00 et ex 0710 29 00
        - Volume du contingent : 6 000 tonnes
        - Droit à appliquer : 6 % et 4, 5 %
        - Droit du T. D.C.   :    18 %
6.      Perte de recettes :
        Valeur d' une tonne : 794 écus
        Valeur totale : 4 764 000 écus
        Perte de recette ( 3 /4 à 4 , 5 % ( 13,5 % ) : 3 573 000 écus x 13,5 % =
                                                                  482 355 écus
                           ( 1 /4 à 6 % ( 12 % )     : 1 191 000 écus x 12 % =
                                                                  142 920 écus
                                                                  625 275 écus
        Par rapport à 198^ : augmentation des pertes de 625 275 écus -
        600 075 écus = 25 200 écus
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' enploi dans la
Camnunauté .