CELEX: 51982PC0659
Language: en
Date: 1982-10-19
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 (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 659
Vol. 1982/0208
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                      COM(82)659 final
                                      Brussels - 19 October 1982
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                                 Proposai -Tor;;-a ^-.p-r■
                            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 ( 1983 )
                 ( submitted to the Council by the Commission )
  C0M(82 ) 659 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
 '!. Article 1 of the Protocol concerning the arrangements to be applied
during 1981 in the frameiwork of the Decision adopted by the Association
Council on 24 November 1980 establishing the process into the second
stage of the Association Agreement between the European Economic Community
and the Republic of Cyprus , as supplemented by the Protocol of Adaptation
to that Agreement to take account of the accession of the Hellenic
Republic , lays down
- on the one hand , that the    provisions of the 1978 Supplementary
    Protocol shall be applicable during 1981 , and­
- on the other hand , that the contracting parties shall enter into
    negotiations early in 1981 for the purpose of establishing the trade
    arrangements to be applied in 1982 and 1983 .
Pending the conclusion of these negotiations and the entry into force
of the trade arrangements to be applied in 198 Zy. it is important to extend
the validity of the arrangements laid down in the abovementioned
Supplementary Protocol .   The Protocol provides for the opening of an .
annual duty-free Community tariff quota of 500 tonnes of certain dried
grapes in immediate containers of a net capacity of 15 kg or less , falling
within subheading 08.04 B I of the CCT and originating in Cyprus .
In consequence , it is advisable to open the Community tariff quota
described above for the period from 1 January to 31 December 1983 .
2 . The provisions of the Regulation lay down that the quota volume shall
be divided into two instalments , the first to be allocated among the
Member States and    the second to constitute the Community reserve .
As regards the allocation of the volume of the first instalment of the
tariff quota , it should be pointed out that this was carried out on the
basis of the rules generally applied so far . Thus the sum of the imports
by each Member State during the period from 1979 to 1981 was proportional
 to the Community imports over the same period . The percentages resulting
 from this were applied – per Member State – to the volume of this initial
 quota by rounding up the last figures expressed in tonnes .
 3 . As regards the method of admini strat ion to be applied by => U. th ,-. I*
 States , the Commission proposes the " Greyhound syste.n ".
 4 . Such is the purpose of the appended proposal .
 ---pagebreak---   The tariff quota in question is still likely to be modified in the
light of the results of the          negotiations . Until these results
are available , the Regulation proposed will be the instrument which will
make it possible to fulfil the commitment entered into by the Community .
The Commission thus reserves the right to amend its proposal while it is
still going through channels in order to adapt it / if necessary, to the
new arrangements .
 ---pagebreak---                                                      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 ( 198 ^
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         application of the rates laid down for that quota to all
                                                                 imports of the products concerned into all Member
                                                                 States until the quota has been used up; whereas, having
Having regard to the Treaty establishing the European            regard to the above principles, the Community nature
Economic Community, and in particular Article 113                of the quota can be respected by allocating the
thereof,                                                         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,
Having regard to the proposal from the Commission,                such allocation should be in proportion to the
                                                                  requirements of the Member States, calculated by
Whereas Article 1 of the Protocol concerning the                  reference to the statistics for imports from Cyprus over
arrangements to be applied during 1981 in the                     a representative reference period and also to the
framework of the Decision adopted by the Association              economic outlook for the quota period in question;
Council on 24 November 1980 establishing the process
 into the second stage of the Association Agreement                Whereas, during the last three years for which statistics
 between the European Economic Community and the                   are available, the corresponding imports by each of the
 Republic of Cyprus (') as supplemented by the Protocol            Member States represent the following percentages of
 to the Agreement establishing an Association between              the imports into the Community from Cyprus of the
 the European Economic Community and the Republic                  products concerned :
  of Cyprus consequent on the accession of the Hellenic
  Republic to the Community (2), hereinafter called the
  Protocol of Adaptation, lays down, on the one hand,                       Member States                    1979         1980
  that the provisions of the Supplementary Protocol to the
  Agreement establishing an Association between the                 Benelux                                     2          11
  European Economic Community and the Republic of                   Denmark
                                                                                                                           –
  Cyprus (3) shall be applicable for 1981 and, on the
                                                                                                               –
  other hand, that the contracting parties shall enter into         Germany
                                                                                                               –
                                                                                                                           –
  negotiations early in 1981 for the purpose of
  establishing the trade arrangements to be applied in
                                                                                                               –
                                                                    Greece
                                                                                                                             5
   1981 and 1983 ;                                                  France
                                                                                                               –
                                                                                                                           –
                                                                    Ireland                                -   –
   Whereas, pending the establishment of such                       Italy
                                                                                                               –
                                                                                                                           –
   arrangements, it is advisable to extend provisionally for                                                   98           84
   198 3the trade arrangements applicable in 1981 ;                  United Kingdom
   Whereas the abovementioned Supplementary Protocol                 Whereas, in view of these factors of market forecasts for
    provides for the opening of an annual duty-free                  the products in question and in particular of the
    Community tariff quota of 500 tonnes of certain dried                 '        ...     i        • .      1  -            inih'll
    grapes falling within subheading 08.04 B I of the                quota shares may be' fixed approximately
    Common Customs Tariff and originating in Cyprus;
    whereas this Community tariff quota should be opened             following percentages :
    for the period 1 January to 31 December 198 ,                            Benelux
                                                                                                               10.3
                                                                                                                  1 .3
                                                                             Denmark
     Whereas it is in particular necessary to ensure for all                 Germany
                                                                                                                 2.6
    Community importers equal and uninterrupted access                       Greece
                                                                                                                  0-5
    to the abovementioned quota and uninterrupte                                                                       0
                                                                             France
                                                                                                                   1 β j
                                                                             Ireland
     (») OJ No L 174, 30. 6. 1981 , p. 28 .                                  Italy
                                                                                                                  ' ' . 1
     (*) OJ No l. 174, 30. 6. 1981 , p. 2.                                                                     79
                                                                             United Kingde
     (') OJ No L 172, 28 . 6. 1978, p. 2.
 ---pagebreak---                                                          - 2 -
Whereas, in order to take into account import trends          containers of a net capacity of 15 kilograms or less,
for the products concerned in the various Member              falling within subheading 08.04 B I of the Common
States, the quota amount should be divided into two           Customs Tariff and originating in Cyprus shall be
instalments, the first being shared among the Member          totally suspended within the limits of a Community
States and the second constituting a reserve to cover at a     tariff quota of 500 tonnes.
later date the requirements of the Member States which
have used up their initial quota shares ; whereas, in
order to give importers in each Member State a certain        Within the limits of this tariff quota, Greece shall apply
degree of security, the first instalment of the               duties calculated in accordance with the relevant
Community quota should under the circumstances be             provisions in the 1979 Act of Accession and the
fixed at 77% of the quota volume;                             Protocol of Adaptation.
Whereas the Member States' initial shares may be used                                   Article 2
up at different times; whereas, in order to take this fact
into account and avoid any break in continuity, any            1 . The Community tariff quota referred to in Article 1
Member State which has almost used up its initial quota       shall be divided into two instalments .
share should draw an additional         share from the
corresponding reserve; whereas this must be done by
each Member State as and when each of its additional          2. A first instalment amounting to 3 87tonnes shall be
shares is almost used up, and repeated as many times as       allocated among the Member States; the respective
the reserve allows; whereas the initial and additional        shares, which subject to Article 5 shall be valid until
shares must be valid until the end of the quota period;       31 December 198 J.shall be as follows:
whereas this method of administration requires close
cooperation between the Member States and the                                                                 (tonnes)
Commission, and the latter must be in a position to
                                                                        Benelux                                 40
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;                        Denmark                                  5
                                                                        Germany                                 10
                                                                        Greece                                    e
                                                                        France                                  15
Whereas if, at a given date in the quota period, a                      Ireland                                  £.
substantial quantity remains unused in any Member
State, it is essential that that Member State should                    Italy                                    3
return a significant proportion to the reserve to prevent               United Kingdom                         307
a part of any tariff quota from remaining unused in one
Member State when it could be used in others ;
                                                              3 . The second instalment of '' bonnes shall constitute
                                                              the reserve.
Wliereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of                                               Article 3
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any operation relating          1.   If 90 % or more of a Member State's initial share as
to the administration of the quota shares allocated to        specified in Article 2 (2) or 90 % of that share minus
that economic union may be carried out by any of its          the portion returned to the reserve where Article 5 has
members,
                                                              been applied, has been used up, then, to the extent
                                                              permitted by the amount of the reserve, that Member
                                                              State shall forthwith, by notifying the Commission,
                                                              draw a second share equal to 15 % of its initial share,
                                                              rounded up where necessary to the next unit.
HAS ADOPTED THIS REGULATION :
                                                              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 ,
                        Article 1                             in    accordance   with   the  conditions  laid   down   in
                                                              paragraph 1 , draw a third share equal to 7-5 % of its
From 1 January to 31 December 1983, the Common                initial share, rounded up where necessary to the next
Customs Tariff duty for dried grapes, in immediate            unit .
 ---pagebreak---                                                            - 3 -
3 . If, after its second share has been used up, 90 % or           It shall inform the Member States , not later than
more of the third share drawn by a Member State has                5 October 1983, of the amount ii' the i . serve after
been used up, that Member State shall , in accordance              quantities have been returned thereto pursuant to
with the conditions laid down in paragraph 1 , draw a              Article 5 .
fourth share equal to the third.
                                                                   It shall ensure that the drawing which exhausts the
                                                                   reserve does not exceed the balance available and, to this
This process shall continue until the reserve is used up.          end, notify the amount of that balance to the Member
                                                                   State making the last drawing.
4. By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed                                        Article 7
in those paragraphs if there is reason to believe that
they might not be used up. It shall inform the                      1 . The Member States shall take all measures necessary
Commission of its reasons for applying this paragraph .
                                                                    to ensure that additional shares drawn pursuant to
                                                                    Article 3 are opened in such a way that imports may be
                                                                    charged without interruption against their accumulated
                                                                    shares of the tariff quota.
                           Article 4
                                                                    2. The Member States shall ensure that importers of
 The additional shares drawn pursuant to Article        shall        the products in question
 be valid until 31 December 1983 .                                   have free access to the shares allocated to them.
                                                                     3 . The Member States shall charge the imports of the
                                                                     products concerned against their shares as and when the
                            Article 5                                products are entered with customs authorities for free
                                                                     circulation .
 The Member States shall return to the reserve, not later
 than 1 October 198 3 such unused portion of their                   4. The extent to which a Member State has used up its
 initial share as, on 15 September 1983, is in excess of              shares shall be determined on the basis of the imports
  20 % of the initial volume. They may return a larger                charged in accordance with paragraph 3 .
  quantity if there are grounds for believing that this
  quantity may not be used.                                                                    Article 8
  The Member States shall notify the Commission, not                  At the Commission's request, the Member States shall
  later than 1 October 1983 , of the total quantities of the           inform it of imports of the products concerned actually
   products in question imported up to 15 September 1983               charged against their shares.
   and charged against the tariff quota and of any quantity
   of the initial shares returned to the reserve.
                                                                                               Article 9
                                                                       The Member States and the Commission shall cooperate
                             Article 6                                 closely to ensure that this Regulation is complied with.
   The Commission shall keep an account of the shares                                          Article 10
   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                  This Regulation shall enter into force on 1 January
                                                                        1983
   been used up.
                   This Regulation shall be binding in its entirety and directly applicable in all Member States.
                   Done at Brussc 's
                                                                                                For the Council
                                                                                                 The President