CELEX: 51978PC0125
Language: en
Date: 1978-03-28
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the arrangements applicable to trade in the agricultural sector between the European Economic Community and Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 125
Vol. 1978/0046
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)125 final
                                           Brussels ,, £8 March 19?°
                               Proposal for a
                           COUNCIL REGULATION ( EEC )
                                "                        ;
          concerning the arrangements applicable to trade in
          the agricultural sector between the European Economic
                           Community and Cyprus
               ( submitted to the Council by the Commission )
 C0M(?8 )  125 finsi
 ---pagebreak---                              Explanatory Memorandum
Negotiations between the Community and Cyprus regarding the re-examination
of those measures in the Agreement relating to agricultural products
have been concluded in the very recent past . It will not , however ,
be possible , for technical        together with the short period of time
available and the procedure necessary to apply the results of these
negotiations before the expiration ( 31st March 1978 ) of the autonomous
measures currently in force . The attached proposal therefore , aims to
allow the preferential regime which was the subject of the negotiation to
enter into force April 1st 1978 by means of the autonomous measures . These
autonomous   measures must be applied until at the latest June 30th 1978
when the complementary Protocol will enter into force .
 ---pagebreak---                                   COUNCIL Ri fe? U ATION (EEC)
               concerning the arrangements "plicable to trade in the agri^ra! SCCt°r
                           between the European Economic Community and Cyprus
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article . 113 ,
 Having regard to the proposal from the Commission,
  Whereas the Additional Protocol to the Agreement
  establishing an Association between the European
  Economic Community and the Republic of Cyprus
  signed on 15 September 1977 extends until 31
  December 1979, with certain supplementary
  measures, the first stage of the abovementioned Agree­
  ment ;
  Whereas in a Declaration annexed to the Final Act of
  the Agreement, the Community stated that it was
  prepared to re-examine with the Republic of Cyprus
   the provisions of the Agreement relating to agricul­
   tural products, in the light of the result of work under­
   taken with a view to a global approoch to the Commu­
   nity's relations with the Mediterranean countries, in
   the course of which work the interests of Cyprus
    should also be taken into consideration ;
    Whereas as a result of the negotiations for the conclu­
    sion of the abovementioned Additional Protocol an
    exchange of letters took place concerning agricultural
     products, whereby the Community undertakes to use
     its best endeavours to see that negotiations on agricul­
     ture take place in good time to put into effect the
     conclusions of these negotiations on 1 January 1978 ;
      whereas the Community has , by
      Regulation ( EEC ) No 3018 / 78 (. 2 ),
      Laid down an autonomous preferential regime for
      certain agricultural products originating in
      Cyprus       and whereas that regime is due to
       expire on 31 March 1978 ;
       Whereas from this date onwards certain agricul­
       tural products will no longer be covered by preferen­
       tial arrangements in trade with the Community ,
       whereas provision should therefore be made for
        certain additional autonomous measures , of
        a short-term nature,_in _order_.tP._eyo id
        disturbance of the trade flow of the
        products in auestion Dendina the entry                              „ rririlir i-<;
        into force of a SUDD lementary orotocol on agricultural products ,
       (|) 0J No 355 , 31.12.1977 , p. *2 .
 ---pagebreak---  Whereas It it in particular necessary to
  ensure for all Community importers equal and
  uninterrupted access to the Community tariff
  quotas provided for >in this Regulation and
  uninterrupted application of the rates laid
  down for those quotas to all imports of the
  products concerned into all Member States
  until each quota has been used up ; whereas
  having regard to the abovementioned principles ,
  the Community nature of the quotas can be
  respected by allocating them among the
  Member States; whereas, in order " to reflect more
  accurately the actual development of the market in
  the products concerned, such allocation should be in
   proportion to the needs of the Member States,
  assessed by reference to both the statistics of each
   State's imports of the said goods from Cyprus over a
   representative reference period and the economic
   outlook for the quota period concerned ;
  Whereas* however , neither Community
  nor national statistics showing the breakdown
   for each of the types of wines in question are
   available ; whereas , however , it is to be anticipated
  that the greater part thereof will be imported into
        two Member States ; whereas in these
   circumstances the quota volumes should be
   allocated in initial shares by reference to the probable
   demand for these wines on the market of the
   various Member States ;
Whereas, in order to take into account import trends
for the products concerned in the different Member
States, the quota amount should be divided into two
instalments, the first instalment being allocated
among the Member States and the second instalment
forming a reserve intended to cover the subsequent
requirements of the Member States which have used
up their initial quota shares; whereas, in order to en­
sure a certain degree of security to importers in each
Member State, the first instalment of the Community
 quota should be determined at a level which, under
 present circumstances, may be ^0 % of the quota
 amount ;
 ---pagebreak--- Whereas the initial shares of the Member States m y
be US,a up at different time,; whereas in o der
,.lk, . his fact into account and ^voul n cak m
fontinnitv it is important that any Mcn.htr Mate
hiving used up almost the whole of its initial share
 should draw an additional share from the reserve,
 whereas, this must he done by each Member State as
 and when each of its additional shares is almost en­
 tirely used up, and repeated as many times as the re­
 serve allows; whereas the initial and additional shares
  ml,st be available for use until the end of the quot-
  period;  whereas this method of administration calls
  for close cooperation between Member States and the
   Commission, which must, in particular, be able to
   observe the extent to which the quota amount is
   used and inform Member States thereof;
   Whereas if, at a specified date in the quota Pcnod> a
   considerable balance remains in one or other Member
   State it is essential that that Member State pays a
   large' amount of it back into the reserve, in order to
    avoid a part of the tariff quota's remaining unused
    in one Member State when it could be used in others,
    Whereas, since the Kingdom of Belgium the King­
    dom of the Netherlands and the Grand Duchy ot
     I uxembourg arc united in and represented by the
     Benelux Economic Union, all transactions concerning
     the administration of shares granted to the above-
     mentioned economic union may be earned out by
     any of its members,
      HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                            Article 1
               From             1 L '^78 customs duties on imports into
               the Community of the products originating in Cyprus
               which are listed below shall be reduced by the percen­
               tage rates indicated (or each of them .
            1
     CCT    j                                                                     Rale of
    heading j                                 Description                        rcduction
      No                                                                            (•/.)
   07.01      Vegetables, fresh or chilled :
                  A. Potatoes :
                       II . New potatoes :
                            ex a) From 1 January to 15 May :
                                   – From J\              -to A 5              •    65
                  F. Leguminous vegetables, shelled or unshelled :
                       II . Beans (of the species Phaseolus) :
                            ex a) From 1 October to 30 June :
                                   – From 1 19»yi'L to               "ft •L          60
              cx H. Onions, shallots and garlic :
                      – Onions, from A                L "to A *3                    60
                 M. Tomatoes :
                      ex I. From 1 November to 14 May :
                              – From 1 Q-^?r»L to /)5 X^jpr'L                       60
                  5 . bwti.fc
              cx T. Other :
                      – Aubergines, from 1                        "3>0 T^ki'I.      60
                      – Stick celery, from 1 "JVyJr'L Co                            50
   08.02      Citrus fruit, fresh or dried :
              ex A. Oranges :
                      – Fresh                                                        60
              ex B. Mandarins (including tangerines and satsumas) ; Clementines,
                      wilkings and other similar citrus hybrids :
                      – Fresh                                                        60
                                                                                     80
                  D. Grapefruit
ex 08.09       Other fruit, fresh :
                                                                                     50
               – Melons, from 1              i- to             ^                     SO
               _ VtaW                            A fVr'" L-      1-S"
 ---pagebreak---                                                        - 5 -
                                                                                                                Ri«^ m
  C(T                                                                                                          ctHlnUion
                                                         Description
htoJmg                                                                                                            (%)
   No
         –
                                                                                                 =L
12.03        ! Seeds, fruit and spores, of a kind used for sow.ng :                                                60
                E. Other (a)
12.08           Chicory roots, fresh or dr.ed, whole or cut, unroasted ; locust beans
                fresh or dried, whether or not kibbled or ground, but not furtl r
                 prepared ; fruit kernels and other vegetable products of a kind used
                 primarily for human food, not falling within any other head.ng                                    100
                 C: Locust bean seeds
 20.06 I         Fruit otherwise prepared or preserved, whether or not containing
                 added sugar or spirit :
                  B. Other :
                        II . Not containing added spirit :
                              a) Containing added sugar, in immediate packings of a net
                                   capacity of more than 1 kg :                                                      80
                                          2. Grapefruit segments
                                   ex 8 . Other fruits :
                                                                                                                     80
                                              – Grapefruit
                               b) Containing added sugar, in immediate packings of a net
                                     capacity of 1 kg or less :                                                      80
                                           2. Grapefruit segments
                                      ex 8 . Other fruits :
                                                                                                                       80
                                               – Grapefruit
                                 c) Not containing added sugar, in immediate packings of a
                                      net capacity :
                                      1 . of 4-5 kg or more
                                            ex dd) Other fruits :
                                                                                                                       80
                                                   – Grapefruit segments
                                                                                                                       80
                                                   – Grapefruit
                                      2. of less than 4 -5 kg :
                                            ex bb) Other fruits and mixtures of fruit :                                 80
                                                   – Grapefruit segments
                                                                                                                        80
                                                   – Grapefruit
     20.07           Fruit juices (including grape must) and vegetable juices, whether or
                     not containing added sugar, but unfermented and not containing
                     spirit :
                     A. Of a specific gravity exceeding I -33 at 15 °C :
                            III . Other :
                                   ex a) Of a value exceeding 30 u.a. per 100 kg net weight                             70
                                              – Orange juice
                                                                                                                         70
                                              – Grapefruit juice
                                   ex b) Of a value not exceeding 30 u.a. per 100 kg net
                                              weight :                                                                   70
                                              – Orange juice                                                             70
                                              – Grapefruit juice
                       B. Of a specific gravity of 1-33 or less at 15° C :
                             II . Other :
                                   a) Of a value exceeding 30 u.a. per 100 kg net weight .                                70
                                         1 . Orange juice                                                                 70
                                         2. Grapefruit juice
                                   b) Of a value of 30 u.a. or less per 100 kg net weight :                               70
                                         1 . Orange juice                                                                 70
                                   ■     2. Grapefruit juice
                                                                        of the Directives on the marketing ol seeds and plants.
 (a) This concession  is solely (or seeds complying with the provis.ons
                                                           \
 ---pagebreak---                        Article 2
  From 16 May 1978 to 30 June 1978 the Common Customs Tariff
  duty on new potatoes . falling within subheading ex 07.01 A II b )
  and originating in Cyprus shall be partially suspended at
7»3 % within the limit of a Community tariff quota of 75-000
  tonnes .
  The tariff quota laid down in paragraph 1 shall constitute the
  Community reserve .
  If a need for such products shall arise in a Member State , that State
  shall draw an adequate share from the reserve to the    extent
  that such reserve so permits ;
  The shares drawn under paragraph 3 shall be applicable until
  30 June 1978 .
                       Article 3
  From 1 April to 15 May 1978 the Common Customs Tariff duty on
   duty on carrots       falling within subheading 07.01 G II and
  originating in Cyprus , shall be partially suspended at 6.8%
  within the limit of a Community tariff quota of 2 200 tonnes .
  The tariff quota laid down in paragraph 1 shall constitute
   the Community reserve .
   If a need for such products arises in a Member State , that st 9tr
   shall drawn an adequate share from the reserve to the extent
   that such reserve so permits .
  The shares drawn under paragraph 3 shall be applicable until
   15 May 1978 .
 ---pagebreak---                                    Article 4
1.   From 8 June to 30 June 1978 the                    Common Customs Tariff duty
     on table grapes falling within subheading ex 08.04 A I a)
     and originating in Cyprus shall be partially suspended at
     7.2% within the limit of a Community tariff quota of
         5 ÛO tonnes .
2.   The tariff quota laid down in paragraph 1 shall constitute
     the Community reserve .
3.   If a need for such products arises in a Member State , that State
       • shall draw an adequate share from the reserve to the
      extent that such reserve so permits .
4.   The shares drawn under paragraph 3 shall be applicable until
     30 June 1978 .
                                   Article 5
1.   From 1 April 1978 the common customs tariff duty on sweet
     peppers         falling within subheading 07.01 S and originating
     in Cyprus shall be probably suspended at 4„5 /£ within the limit of
     a Community tariff quota of 75 tonnes .
2.   The tariff quota laid down in paragraph 1 shall be divided
     into two tranches .
A first tranche of 67 tonnes of the quota shall be allocated among
the Member States ; the shares , which subject to Article 10 shall
be applicable until 30 June 1978 , shall be for the following
quantities :
                                              (itonnes)
               Bénélux
               Dcnmark                              3
               Germany                              6
               France                               3
               Ircland                              3
               Italy                                3
               United Kingdom                     46
        The second tranche of the quota, i.e. ° ;onnes, shall
        constitute the corresponding reserve.
 ---pagebreak---                                 - 8 -
                            Article 6
     tariff vt                • 78 thc comm°n cus'oms
     tariff duty on drted grapes in immediate containers of
     * Kkl C,apaClty of 15 kilograms or less, falling within
     subheading 08.04 B I and originating in Cyprus, shall
     be   otally suspended within the limit of a Community
     tariff quota of 125 tin***,.
     u ,- ,e ,tanff quota laid down in paragraph 1 shall
     be divided into two tranches.
    A first tranche of 1 1 ^tonnes of thc quota shall be allo­
    cated among the Member States ; the shares, which
    subject to Article Q shall be applicable u vi t ; [
    . „      30 June       M'TH ,            shall be for the
    following quantities :
                                          (tonnes)
       Bénélux
       Denmark                                 5
       Germany                                10
       France                                  5
       Ireland                                 5
       Italy                                   5
       United Kingdom                    - 75
The second tranche of the quota, i.e.,1 5 tonnes, shall
constitute the corresponding reserve. I    !
 ---pagebreak---                                                                 -   9 -
                             Ariícle   7
 1 , From / Apr-iU 1978 t'~ ; Co <mon Customs
 Tariff duties on the products origins n » in Cyprus
 which are listed below shall be suspended at the rates
 indxatcd for each of them, within the limit of a
 Community tariff quota of J.              hectolitres.
                                   2 500        -
                                                                                       r
                                                                                           Rate oi
      cier
                                                 Description                                dutv
    healing
       No
22.05             Wine of fresh grapes, grape must with fermentation arrested by the
                  addition of alcohol
                  C. Other :
                      I. Of an actual alcoholic strength not exceeding 13° C, in
                           containers holding :
                           ex a) Two litres or less :
                                                                                          3 u.a./hl
                                  – Wine of hesh grapes
                      II . Of an actual alcoholic strength exceeding 13° C but not
                           exceeding 15° C, in containers holding :
                           ex a) Two litres or less :
                                      Wine of fresh grapes other than liqueur wines of
                                      an actual alcoholic strength of 15 C               3*5 u.a./hl
    2.     The tariff quota laid dow in paragraph 1 shall be
    divided into two tranches.
                             2 250
    A first tranche of T hectolitres of the quota shall
    be allocated among the Member States ; the shares,
    which subject to Article 8 shall be applicable
    _n     ,                                            , shall be as
    30 June
    follows :
                                                   (in hectolitres)
             Bénélux                                         50
             Denmark
             Germany                                         ™
             France                                          50
             Ireland                                        100
                                                             50
             Itaiy                                     1 900
             United Kingdom
                                                      250
     The second tranche of . the quota, i.e.           f hectolitres,
     shall constitute the corresponding reserve.
      3. The wines in question shall benefit from these
      tariff quotas on condition that the prices on import
      into the Community are not at any time less than the
      free -at-frontier reference prices referred to in Regula­
      tion (EEC) No 2506/75 which apply to such prices.
 ---pagebreak---                                    - 10 -
                       Article 8
1.     If 90% or more of a Member State's initial
share, as determined in Articles 5 to 7 , or of that
share minus any portion returned to the corres­
ponding reserve, where Articlel Ohas been applied, has
been used up, that Member State shall forthwith, by
notifying the Commission, draw a second share, to the
extent that the corresponding reserve so permits,
equal to 1 5 % of its initial share, rounded up to the
next whole number, if necessary.
 2. If, after any of the initial shares has been used
up, 90 % or more of the second share drawn by a
 Member State has been used up, that Member State
 shall, under the conditions laid down in paragraph 1
 and to the extent that the corresponding reserve so
 permits, draw a third share equal to 7-5 % of its initial
 share, rounded up to the next whole number, if neces­
 sary.
 3. If, after any of the second shares has been used
 up, 90 % or more of the third share drawn by a
 Member State has been used up, that Member State
 shall, under the conditions laid down in paragraph 1 ,
 draw a fourth share equal to the third.
 This procedure shall apply until the corresponding
 reserve is used up.
  4.     By way of derogation from paragraphs 1 , 2 and
  3, Member States may draw shares less than those
  specified therein if there are grounds for believing
  that those specified may not be fully used up. They
  shall inform the Commission of their reasons for
  applying this paragraph.
                         A rticle  9
   Each of the additional shares drawn under Article 8
  shall be c-ffi-              ui-vtiL 30 June 1978 .
 ---pagebreak---                                                                     - 11 -
                                                                                                A rl nie
                           Artide 10
Member States shall return to the reserve not )c               "îci n.  At the Commission 's request. Member States shall
i .               1978 'be unused portions of their m'.l'.al            inform it of .mports actually charged against their
shares which on ^ May                , 1978 are in excess of            shares .
29 % of the initial amounts. They may return a
greater portion u there are grounds for believing that                                          Article     '
 such portion may not be fully used up.
 Member St .'les shall notify the Commission, not later                  Member States and the Commission shall cooperate
 than \ June 1978, of the total quantities of the                        closely to ensure that Articles *: to13are complied
 product in question imported up to and including 15                     with .
  m , v '978 and charged against the tariff quotas
 and of any portion of their initial shares returned to
 each of the reserves.
                            A rticlc 1 1                                                                      15
  The Commission shall keep an account of the                                        The Protocol on the definition of the concept of
  amounts of the shares opened by the Member States                           'originating products' and on. methods of administra­
  pursuant to Articles 5 to 8 and, as soon as it has been                      tive cooperation annexed to the Agreement between
  notified, shall inform each State of the extent to                           the European Economic Community and Cyprus shall
  which the reserves have been used up.                                        be applicable.
  It shall inform the Member States, not later than 5
  June 1978, of the state of each of the reserves after
  amounts have been returned thereto pursuant to
  Article    10 .
                                                                                                      Article 16
   It shall ensure that the drawing which exhausts any Of
   the reserves does not exceed the balance available and,                    This Regulation shall enter into force on 1 April
   to this end, shall notify the amount of that balance to
                                                                               1978 .
   the Member State making the last drawing.
                              Article    12
                                                                               It shall apply until the entry into force of a supple­
                                                                               mentary Protocol on agricultural products between the
    1.    Member      States   shall     take  all appropriate                  European Economic Community and the Republic ot
    measures    to  ensure    that additional shares drawn                      Cyprus or until 30 June ^ whichever ts the
                                                                                earlier.
    pursuant to Article 8 are opened in such a way that
    imports may be charged without a break in continuity
    against their aggregate shares of the tariff quota.
     2.    Member States shall ensure that importers of the
     product in question established in their territory have
     free access to the shares allocated to them.
     3. The extent to which a Member State has used up
     its share shall be determined on the basis of the
     imports entered at customs for home use.
                           This Regulation shall be binding in its entirety and directly applicable in all Member
                            States .
                             Done at Brussels,
                                                                                             For the Council
                                                                                              The President
 ---pagebreak--- FIClir, F1NANC1F.KE
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         I.igm: luid f.rt- a i ro conci- nv"'c ; Titrc I "Ucssourcos ptorvcs "
2.       lut ] fuie de 1 net ion : Projet do. règlement: du Conseil concernant le régime
                                                applicable aux échanges dans le secteur agricole
                                                entre la Communauté et Chypre .
3.       l' ose iiirjdicme : article                     113 du Traité CEE
4.       Objectifs de 1 action : Le régime commercial entre la Communauté et Chypre a
                                                 partir du 1er avril 1978
5.        Incidence ;; financières :                            Exercice 1978
5.0      Dopenr.o s
         - à la charge du budget
             de la CE ( restitution
             interventi ons )
         - il la charge adimnist .
             nationales
          - à la charge d autres
              secteurs nationaux
 5.1      Recettes
          - ressources propres CE
              ( prclèvcir.cnts /droits de                                 (D
              douane )                                              néant
          - sur le plan national
 5.0 .  1 . F. c lié a ne i c r p 1 u r i annue 1
              dépense s
 5.1 .  1 . Echéancier plur îar.nuel
              recettes
 5.2 .        Mode de calcul                ./.
  ( 1) Il s' agit de remplacer le régime "Cotranonvealth" (droits zéro ou très faibles )
        sur les marches britannique et irlandais , débouchés exclusifs de Chypre , par
        un régime communautaire de désarmement tarifaire partiel .
        Dans ces conditions , le régime autonome aurait comme conséquence un relèvement
        des droits de douane par le Royaume–Uni et l' Irlande-