CELEX: 51983PC0510
Language: en
Date: 1983-09-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and originating in Cyprus (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 510
Vol. 1983/0196
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               COM(83) 510 f i n a l
                                                               B r u s s e l s , 8 September 1983
                                           Proposal for a
                                   COUNCIL REGULATION (EEC)
    op en in g, a l l o c a t i n g and providing for the a d m in is tr a tio n of a
        Community t a r i f f quota for c e r t a i n dried grapes f a l l i n g
        w it h in subheading 0 8 .0 4 B I of the Common Customs T a r i f f
                            and o r i g i n a t i n g in Cyprus (1984)
                 (submitted to the Council by the Commission)
  COM(83) 510 f i n a l
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
1. The supplem entary P r o to c o l to th e Agreement e s t a b lis h in g an A ss o c ia tio n
   between th e EEC and Cyprus came to an end on 31                       December 1980. In
   order to avoid in te r r u p tio n o f i t s com m ercial r e l a t io n s with t h i s
   co u n try , th e Community has made a p p lic a b le fo r 1983 th e p r o v is io n s o f
   th e    abovem entioned P r o to c o l in R eg u la tio n (EEC) No /iT ^ /8 3 la y in g
   down th e arrangem ents a p p lic a b le to tr a d e w ith Cyprus.
   Pending th e d e f i n i t i o n o f arrangem ents a p p lic a b le beyond 31       December
   1983 i t i s n e c e s s a r y to exten d p r o v is io n a l ly fo r 1984 th e arrangem ents
   which th e Community a p p lie s c u r r e n tly to tra d e w ith Cyprus on th e b a s is
   o f th e abovem entioned supplem entary P r o to c o l.
 ---pagebreak---                                                          -   2   -
This Protocol pro vides for the opening o f an annual d u t y - f r e e Community
t a r i f f quota o f 500 tonnes fo r c e r t a i n d r ie d grapes in immediate c o n t a i n e r s
o f a net c ap ac it y o f 15 kg or l e s s ,              f a l l i n g w it h in subheading 08 .0 4 B I o f
the CCT and o r i g i n a t i n g in Cyprus.
In consequence, i t i s a d v i s a b l e t o open th e Community t a r i f f quota d e s c r i b e d
above for the        period from 1 January to 31 December 1984.
2. The p r o v is io n s o f the Re gu la tio n lay down t h a t th e quota volume s h a l l
be div id e d in to two i n s t a l m e n t s , t h e f i r s t t o be a l l o c a t e d among t h e Member
S t a t e s and the second to c o n s t i t u t e the Community r e s e r v e .
As regards the a l l o c a t i o n o f th e volume o f th e f i r s t                in s ta lm en t o f the
t a r i f f quota; i t should be p o in t e d out t h a t t h i s was c a r r i e d out on the
b a s i s o f the r u le s g e n e r a l l y a p p l i e d so f a r . Thus t h e sum o f the imports
by each Member S t a t e during t h e p e r i o d from 1980 t o 1982 was p ro p o r ti o n a l
to the Community imports over th 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 ap p li e d - per Member S t a t e - t o the volume o f t h i s i n i t i a l
quota by rounding up th e l a s t f i g u r e s e x p r e s s e d in t o n n e s .
 3. As regards the 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 by a l l the Member
 S t a t e s , the Commission proposes the "Greyhound system".
 4. Such i s the purpose o f th e appended p r o p o s a l .
 ---pagebreak---                                                           3
NOTE
The t a r i f f quota in q u e s t i o n i s s t i l l      l i k e l y t o be modi f i e d in t he l i g h t
of t he r e s u l t s o f t he proposed n e g o t i a t i o n s with Cyprus. Unt i l t h e s e
r e s u l t s are a v a i l a b l e , t h e Re gul at i on proposed w i l l be t he instrument which
w i l l make i t p o s s i b l e t o f u l f i l t he commitmet e n t e r e d i n t o by the Community.
The Commission thus r e s e r v e s t h e r i ght t o amend i t s proposal whi l e i t i s
s t i l l goi ng through c hannel s in order t o adapt i t ,                   i f n e c e s s a r y , t o the
new arrangements.
 ---pagebreak---                                                 Proposal for a
                                        COUNCIL REGULATION (EEC) No                 /83
                                                       of
                 opening, allocating and providing for the administration of a Community tariff quota for
                 certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and
                                                  originating in Cyprus (1984)
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 supplementary P r o to c o l t o th e Agreement e s t a b l i s h i n g an
A s s o c i a t io n between the EEC and Cyprus (1) came t o an end on 31
December 1980 J
Whereas t o avoid i n t e r r u p t i o n o f i t s commercial r e l a t i o n s with
t h i s country, the Community has made a p p l i c a b l e f o r 1983 t h e p r o v i s i o n s of
 the abovementioned P r o to c o l in Regu lation (EEC) No / W X /83
 laying down the arrangements a p p l i c a b l e to tra de with Cyprus (2)
 Whereas pending the d e f i n i t i o n o f arrangements a p p l i c a b l e beyond
 31 December 1983 i t i s n e c e s s a r y to extend p r o v i s i o n a l l y for 1984
 the arrangements which th e Community a p p l i e s c u r r e n t l y t o trade
 with Cyprus on the b a s i s o f th e abovementioned supplementary
 Pr otoc ol;
  CD 0J No. L 172, 2 8 . 6 . 1 9 7 8 , p. 2
   (2) 0J No. L A^ A , 4s.'T.                      jo. A
 ---pagebreak---                                                        - 2 -
                                                             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
                                                              import into the Community from Cyprus of the products
                                                             concerned:
                                                                       Member States        1980      1981        1982
                                                              Benelux                         11         7          10
                                                              Denmark.                         -         -            1
                                                              Germany                          -         -          15
                                                              Greece                           -         -            -
                                                               France                          5        21          11
                                                               Ireland       ,                 -         -            -
                                                               Italy                           -         -            -
                                                               United Kingdom                 84        72          63
                                                               Whereas, in view of these factors of market forecasts for
                                                               the products in question and in particular of the estimates
Whereas the abovementioned Supplementary Protocol              submitted by certain Member States, initial quota shares
provides for the opening of an annual duty-free                may be fixed approximately at the following
Community tariff quota of 500 tonnes of certain dried          percentages:
grapes falling within subheading 08.04 B I of the
Common Customs Tariff and originating in Cyprus;
whereas this Community tariff quota should be opened                   Benelux                                 1 3 .0
for the period 1 January to 31 December 1984;                          Denmark                                   1 .3
                                                                       Germany                                   2 .5
Whereas it is in particular necessary to ensure for all                Greece                                    0 .5
Community importers equal and uninterrupted access to                  France                                    3 .7
the abovementioned quota and uninterrupted application                 Ireland                                   1 .3
of the rates laid down for that quota to all imports of the
                                                                       Italy                                     0 .7
products concerned into all Member States until the
                                                                       United Kingdom                          7 7 .0
                                                                Whereas, in order to take into account import trends for
                                                                the products concerned in the various Member States, the
 ---pagebreak---                                                             -   3~-
quota amount should be divided into two instalments, the            provisions in the 1979 Act of Accession and the Protocol
first being shared among the Member States and the                  of Adaptation.
second constituting a reserve to cover at a later date the
requirements of the Member States which have used up
their initial quota shares; whereas, in order to give                                             Article 2
importers in each Member State a certain degree of
security, the first instalment of the Community quota               1. The Community tariff quota referred to in Article 1
should under the circumstances be fixed at 80% o f t h e            shall be divided into two instalments.
quota volume;
                                                                    2.      A first instalment amounting to 4 0 0 t onne s s h a l l be
                                                                    allocated among the Member States; the respective
Whereas the Member States’ initial shares may be used up            shares, which subject to Article 5 shall be valid until
at different times; whereas, in order to take this fact into        31 December 198 4 shall be as follows:
 account and avoid any break in continuity, any Member
State which has almost used up its initial quota share                                                               (tonnes)
 should draw an additional share from the corresponding
 reserve; whereas this must be done by each Member State                     Benelux                                      53
 as and when each of its additional shares is almost used                    Denmark                                        5
 up, and repeated as many times as the reserve allows;                       Germany                                      10
 whereas the initial and additional shares must be valid                     Greece                                         2
 until the end of the quota period; whereas this method of
                                                                             France                                       15
 administration requires close cooperation between the
 Member States and the Commission, and the latter must                       Ireland                                        5
 be in a position to monitor the extent to which the quota                   Italy                                          3
 volume has been used up and to inform the Member                            United Kingdom                              307
 States thereof;
                                                                    3.      The second instalment of 1 0 0 tonnes shall
                                                                    constitute the reserve.
 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                                     Article 3
 any tariff quota from remaining unused in one Member
 State when it could be used in others;                             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
 Whereas, since the Kingdom of Belgium, the Kingdom of               applied, has been used up, then, to the extent permitted
 the Netherlands and the Grand Duchy of Luxembourg                  by the amount of the reserve, that Member State shall
 are united within and jointly represented by the Benelux            forthwith, by notifying the Commission, draw a second
 Economic Union, any operation relating to the                       share equal to 15 % of its initial share, rounded up where
 administration of the quota shares allocated to that                necessary to the next unit.
 economic union may be carried out by any of its
  members,
                                                                     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
  HAS ADOPTED THIS REGULATION:                                       with the conditions laid down in paragraph 1, draw a
                                                                      third share equal to 7-5 % of its initial share, rounded up
                              Article l                               where necessary to the next unit.
                                                                      3.     If, after its second share has been used up, 90 % or
  From 1 January to 31 December 1984, the Common
                                                                      more of the third share drawn by a Member State has been
  Customs Tariff duty for dried grapes, in immediate
  containers of a net capacity of 15 kilograms or less, falling       used up, that Member State shall, in accordance with the
                                                                      conditions laid down in paragraph 1, draw a fourth share
  within subheading 08.04 B I of the Common Customs
  Tariff and originating in Cyprus shall be totally                   equal to the third.
  suspended within the limits of a Community tariff quota
  of 500 tonnes.                                                      This process shall continue until the reserve is used up.
                                                                      4. By way of derogation from paragraphs 1,2 and 3, a
  Within the limits of this tariff quota, Greece shall apply          Member State may draw shares smaller than those fixed
  duties calculated in accordance with the relevant                    in those paragraphs if there is reason to believe that they
 ---pagebreak---                                                           -  4 -
might not be used up. It shall inform the Commission of                                   Article 7
its reasons for applying this paragraph.
                                                                 1.     The Member States shall take all measures
                           Article 4                             necessary to ensure that additional shares drawn
                                                                 pursuant to Article 3 are opened in such a way that
The additional shares drawn pursuant to Article 3 shall be       imports may be charged without interruption against
valid until 31 December 1984.                                    their accumulated shares of the tariff quota.
                                                                 2.     The Member States shall ensure that importers of
                           Article 5                             the products in question/ have f r e e acc e ss to
                                                                 the shar es a l l o c a t e d to them.
The Member States shall return to the reserve, not later
than 1 October 1984, such unused portion of their initial        3.     The Member States shall charge the imports of the
 share as, on 15 September 1984, is in excess of 20% of          products concerned against their shares as and when the
the initial volume.. They may return a larger quantity if        products are entered with customs authorities for free
 there are grounds for believing that this quantity may not       circulation.
 be used.
                                                                  4. The extent to which a Member State has used up its
 The Member States shall notify the Commission, not later         shares shall be determined on the basis of the imports
 than 1 October 1984, of the total quantities of the              charged in accordance with paragraph 3.
 products in question imported up to 15 September 1984
 and charged against the tariff quota and of any quantity
 of the initial shares returned to the reserve.
                                                                                          Article 8
                            Article 6                             At the Commission’s request, the Member States shall
                                                                  inform it of imports of the products concerned actually
 The Commission shall keep an account of the shares               charged against their shares.
 opened by the Member States pursuant to Articles 2 and 3
 and, as soon as it is notified, shall inform each Member
 State of the extent to which the reserve has been used
 up.                                                                                       Article 9
 It shall inform the Member States not later than 5 October       The Member States and the Commission shall cooperate
  198+ , of the amount in the reserve after quantities have       closely to ensure that this Regulation is complied with.
 been returned thereto pursuant to Article 5.
 It shall ensure that the drawing which exhausts the reserve                              Article 10
 does not exceed the balance available and, to this end,
  notify the amount of that balance to the Member State           This Regulation shall enter into force on 1 January
  making the last drawing.                                        198 4 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                                  For the Council
                                                             /
                                                                                   The President