CELEX: 51982PC0536
Language: en
Date: 1982-09-10
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff and originating in Israel (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 536
Vol. 1982/0175
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(82)536 final
                                                 Brussels - 10 September 1982
                                 Proposal for a
                              COUNCIL REGULATION ( EEC )
           opening , allocating and providing for the administration of a
           Community tariff quota for apricot pulp , falling within sub­
           heading ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff
                         and originating in Israel ( 1983 )
                 ( submitted to the Council by the Commission )
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 ---pagebreak---                                 EXPLANATORY MEMORANDUM
1 . The Agreement between the European Economic Community and the State of
    Israel completed by the Protocol to the Agreement between the EEC and
    Israel / provides in Article 10 of Protocol No 1 annexed thereto for
    the opening of an annual Community tariff quota for the importation
    into the Community of 150 metric tons of apricot pulp , originating
    in Israel , falling within subheading ex 20.06 B II c ) 1 aa ) of the
    Common Customs Tariff .
    The customs duties applicable within the limits of this quota are
    equal tov 70% of the duties actually applied to non-member countries .
    Accordingly the tariff quota in question has to be opened for . 1983 .
2 . The proposal for a Regulation opening this tariff quota provides , as
    is customary , for the division of the quota volume into two instalments ,
    the first being allocated among the Member States as quota - shares , the
    second being held as a reserve .
    It does not seem possible , in this case , to base th,e allocation of   * .
    the first tranche on the rules generally applied , that is , to relate
    the total imports by each Member State during the past     three years
    to the Community imports over the same period and to apply for each
    Member    State the resulting percentages to the volume of the first
    tranche .   As over the course of the last ten years the Member States
    have imported the goods only occasionally if at all , an allocation
    scale based on estimates put forward by some Member States and on the
    need to allocate the quota volume fairly among the Member States appears
    suitable .
           i
3 . It is proposed that the proposal for a Council Regulation opening the
    Community tariff quota described in paragraph 1 above be approved .
ANNEX : 1 proposal for a Regulation ( EEC ) <rf the Council .
 ---pagebreak---                                               Proposal for a
                                           COUNCIL REGULATION ( EEC) No                      / 82
                                                     of
                 opening, allocating and providing for the administration of a Community tariff quota for
                 apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff
                                                and originating in Israel ( 1983 )
THF. COUNCI1. OF THE EUROPEAN COMMUNITIES,                         Member States represent the following percentages of
                                                                   total imports of the product in question, originating in
                                                                   Israel :
Having regard to the Treaty establishing the European
                                                                             Member States                  1979       1980    1981
Economic Community, and in particular Article 113
thereof,
                                                                   Benelux                                   –          –
                                                                                                                               -
                                                                   Denmark                                   –          –      -
Having regard to the proposal from the Commission,
                                                                   Germany                                   –          –
                                                                                                                               -
                                                                   Greece                                    –          –
                                                                                                                               -
Whereas the Agreement between the European                         France                                    –          –
                                                                                                                               -
 Economic Community and the State of Israel (*), as
                                                                   Ireland                                   10
supplemented by Council Regulation ( EEC) No 637/81                                                                     –
of 24 February 1981 laying down the arrangements                   Italy                                     –          –
                                                                                                                               –
 applicable to trade between Greece and Israel ( 2),
provides for the opening, by the Community, of an                  United Kingdom                            90        100
annual Community tariff quota of 150 tonnes of apricot
pulp falling within subheading ex 20.06 B II c) 1 aa) of
the Common Customs Tariff, originating in Israel ;
whereas the customs duties applicable to the quota "frre
equal to 70 % of the customs duties actually applied to            Whereas        these    data   cannot be  considered     as
non-member countries ; whereas the Community tariff                representative to serve as a basis for allocation of the
 quota in question should therefore be opened for 1983             quota volume among the Member States ; whereas it is
                                                                   difficult to estimate imports by Member States for 1983
                                                                   because of the absence of any pattern in previous years;
Whereas it is in particular necessary to ensure for all            whereas to allocate the quota volume on a fair basis, the
Community importers equal and uninterrupted access                 approximate percentages of initial quota shares may be
                                                                   fixed as follows:
to the abovementioned quota and uninterrupted
application of the rates laid down for that quota to all
imports of the products concerned into all Member                           Benelux                                 12
States until the quota has been used up; whereas, having
                                                                            Denmark                                  5
regard to the above principles, the Community nature
of the quota can be respected by allocating the                             Germany                                28
Community tariff quota among the Member Stares ;                            Greece                                   1
whereas, in order to reflect as accurately as possible the                  France                                   7
true trend of the market in the products in question,                       Ireland                                  6
such allocation should be in proportion to the
                                                                            Italy                                    6
requirements of the Member States, calculated by
reference to the statistics for imports from Israel over a                  United Kingdom                         36
representative reference period and also to the economic
outlook for the quota period in question;
                                                                   Whereas, in order to take into account import trends
                                                                   for the products concerned in the various Member
Whereas, during tlv last three years for which statistics          States, the quota amount should be divided into two
are available, the corresponding imports by each of the            instalments, the first being shared among the Member
                                                                   States and the 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
( ' ) O ! No L H6 , 7S . 5 . 1975 , p. 3 .                         order to give importers in each Member State a certain
( 2) O.j No l . 70 . 16 . 1 1981 , p. 1 .                          degree of security, the first instalment of the
 ---pagebreak---   Community quota should under die circumstances be                                     Article 2
  fixed at 50 % of the quota volume;
                                                              1 . A first instalment of 75 tonnes of the Community
                                                              tariff quota referred to in Article 1 shall be allocated
  Whereas the Member States' initial shares may be used       among the Member States; the respective shares which,
  up at different times; whereas, in order to take this fact  subject to Article 5, shall be valid until 31 December
  into account and avoid any break in continuity, any         1983 lhall be as follows :
  Member State which has almost used up its initial quota
 share should draw an additional share from the reserve;                                                    (tonnes)
  whereas this must be done by such Member State as and
                                                                      Bénélux                                    9
 when each of its additional shares is almost used up,
 and repeated as many times as the reserve allows;                    Denmark                                    3
 whereas the initial and additional share must be valid               Germany                                  21
 until the end of the quota period; whereas this method               Greece                                     1
 of administration requires close cooperation between                 France                                     5
 the Member States and the Commission, and the latter
                                                                      Ireland                                   4
 must be in a position to monitor the extent to which the
 quota volume has been used up and to inform the                      Italy                                     4
 Member States thereof;                                               United Kingdom                           28
 Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member            2. A second instalment of 75 tonnes shall constitute
State, it is essential that that Member State should         the reserve.
return a significant proportion to the reserve to prevent
a part of any tariff quota from remaining unused in one
Member State when it could be used in others;
                                                                                        Article 3
Whereas, since the Kingdom of Belgium, the Kingdom            1 . If 90 % or more of a Member State's initial share as
of the Netherlands and the Grand Duchy of                     specified in Article 2 ( 1 ), or 90 % of that share minus
Luxembourg are united in and represented by the              the portion returned to the reserve where Article 5 has
Benelux Economic Union, any operation relating to the        been applied, has been used up, then , to the extent
administration of the quota shares allocated to that         permitted by the amount of the reserve, that Member
economic union may be carried out by any of its              State shall forthwith, by notifying the Commission,
members.                                                     draw a second share equal to 15 % of its initial share,
                                                              rounded up where necessary to the next unit.
                                                             2 . If, after one of its initial shares has been used up,
                                                             90 % or more of the second share drawn by a Member
HAS ADOPTED THIS REGULATION:                                 State has been used up, then, to the extent permitted by
                                                             the amount of the reserve, that Member State shall,
                                                             in accordance with the conditions laid down in
                                                             paragraph 1 , draw a third share equal to 7-5 % of its
                         Article 1                           initial share, rounded up where necessary to the next
                                                             unit.
 1 . From 1 January to 31 December 1983 a
Community tariff quota of 150 tonnes shall be opened
in the Community for apricot pulp, falling within            3 . If, after one of its second shares has been used up,
subheading ex 20.06 B II c) 1 aa) of the Common              90 % or more of the third share drawn by a Member
Customs Tariff, originating in Israel.                       State has been used up, that Member State shall , in
                                                             accordance with the conditions laid down in paragraph
                                                             1 , draw a fourth share equal to the third.
2. Within the limits of this tariff quota the Common
Customs Tariff duty applicable to these products shall       This process shall continue until the reserve is used up.
be suspended at a rate of 11-9 % .
                                                             4. By way of derogation from paragraphs 1 , 2 and 3 ,
Within the limits of this tariff quota, Greece shall apply   Member State m-v draw shares smaller than those h\^d
duties calculated in accordance with the relevant            in those par          ' if there is reasons t: believe that
provisions in the 1979 Act of Accession and in the said      they might                «"«i p - It shall inform the
Regulation ( EEC) No 637 /81 .                               Commission o its -a_ on- for applying th » paragraph .
 ---pagebreak---                           Article 4                                                       Article 7
 F.ich or the additional shares drawn pursuant to                 1 . The Member States shall take all measures necessary
Article 3 shall he valid until 31 December 198 3 .               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 5
                                                                 2. The Member States shall ensure that importers of
The Member States shall return to the reserve, not later         the products in question : •
than 1 October 1983 such unused portions of their                have free access to the shares allocated to them.
initial share as, on 15 September 1 98^, is in excess of
20 % of the initial volume. They may return a larger             3 . The Member States shall charge the imports of the
quantity if there are grounds for believing that this            products concerned against their shares as and when the
quantity may not be used.                                        products are entered with customs authorities for free
                                                                 circulation.
The Member States shall notify the Commission, not
later than 1 October 198 3 of the total quantities of the        4. The extent to which a Member State has used up its
products in question imported up to 15 September 1983            share shall be determined on the basis of the imports
and charged against the tariff quota and of any fraction         charged in accordance with paragraph 3 .
of the initial shares returned to the reserve.
                                                                                          Article 8
                         Article 6
                                                                  At the Commission's request the Member States shall
The Commission shall keep an account of the shares                inform it of imports actually charged against their
opened by the Member States pursuant to Articles 2                shares.
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 198J), of the amount in the reserve after               The Member States and the Commission shall cooperate
quantities havlr been returned thereto pursuant to                closely to ensure that this Regulation is complied with.
Article 5 .
It shall ensure that the drawing which uses up the                                       Article 10
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the               This Regulation shall enter into force on 1 January
Member State making the last drawing.                             198.3 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels,
                                                                                           For the Council
                                                                                            The President