CELEX: 51976PC0462
Language: en
Date: 1976-09-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration for a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1) aa) for the Common Customs Tariff, originating in Morocco and Tunisia (year 1977) (submitted to the Council by the Commission).

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 462
Vol. 1976/0140
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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(76)462 final
                                             ,        Brussels , S September 1976
                                                                   I .
              <                   Proposai for a
                         REGULATION   ( EEC ) OF THE COUNCIL
                           :                          ,                  -
            opening , allocating and providing for the administration
            for a Community tariff quota for apricot pulp falling
            within subheading ex' 20.06 B II c ) 1 ) aa ) for the Common
         ,  Customs Tariff , originating in Morocco and Tunisia
                               ( year    1977 )                 I
                ( submitted to the Council by the Commission ) .
 ccri(70 '>62 final
 ---pagebreak---                              Explanatory memorandum
          ïflteMfn
1. The /Agreements        concluded between the European Economic Community on the
   one hand and the Kingdom of Morocco and the Republic of Tunisia on the other hand
   provide in Articles 15 and 14 for the opening of annual Community tariff
   quotas for the importation into the Community of respectively 8,250 or
   4,300 metric tons of apricot pulp , originating in these countries ,
   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
   to 70% of the duties actually applied to non-member countries .
   Accordingly the tariff quota in question has to be opened for 1 97 7-
2. The proposals for Regulations opening these tariff quotas make provision ,
   as is usual , for the division of each of the quota volumes into two tranches ,
   the first of which is allocated by share to the Member States , while the
   second constitutes a reserve .
   The allocation of the first tranche should be based on the rules generally
   applied , that is , it should be related to the total imports by each Member
   State during the past three years to the Community imports over the same
   period and for each Member State the resulting percentages should be applied
   to the volume of the first tranche .
   However , in this process account was taken on the fact that certain Member
   States effected no or only occasional imports during these years . In view
   of the necessity of allocating the quota volume in an equitable manner these
   Member States were granted small percentages representing commercially
   exploitable shares .
 ---pagebreak---                                      - 2 -
3.   The form of administration to be applied by all the Member States is the
     "grey-^heund- systero" .
4.   It is proposed that the proposals for Council Regulations opening the
     Community tariff quotas described above be approved .
ANNEX :
2 proposals for Regulations (EEC ) of the Council .
 ---pagebreak---                                                                                               ANNEX     A
                                                Proposal of a
                                        COUNCIL REGULATION (EEC) No
              ort the opoiiiiigi allocation nnd ntltr inisii'ntion of a Commiinity tnt'ff quota tor apricot
              pulp, falling within subheading cx 20.06 B II c) 1 aa ) of the Common Customs Tariff,
                                              originating in Tunisia ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           to reflect most accurately the actual development
                                                                   of the market in the products in question, such
                                                                   allocation should be in proportion to the require­
                                                                   ments of the Member States, assessed by reference
 Having regard to the Treaty establishing the Euro­                both to the statistics relating to imports of the said
pean Economic Community, and in particular                         product from Tunisia over a representative reference
Articles 43 and 113 thereof,                                       period and to the economic outlook for the quota
                                                                   period concerned ;
 Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par­                  Whereas, during the last three years for which
liament ('),                                                       statistics are available, the corresponding imports of
                                                                   each Member State represent the following percen­
Whereas the Interim             Agreement between the              tages of imports into the Community from Tunisia
European Economic Community and the Republic                       of the products concerned :
of Tunisia,/ signed on 25 April 1976, provides in
                                                                                                                       (m •/# )
Article 1 4 for the opening by the Community of
an annual Community tariff quota of 4 300 metric
                                                                                                          1973       1974
tons of apricot pulp falling within subheading
ex 20.06 B II c) 1 aa) of the Common Customs
Tariff originating in Tunisia; whereas the customs                 Bénélux                                15-8        3-4
duties applicable to the quota are equal to 70% of                 Dcnmark
the customs duties actually applied to non-member                  Germany                                10-2        2-5
countries ;         J                                              France                                 74-0       94-1
                                                                   Ireland
                                                                   Italy
                                                                   United Kingdom
                whereas the pro rata temporis clause
shall apply; whereas the Community tariff quota in
question should therefore be opened for the          year
                                                                   Whereas both these percentages and the estimates
1977 ;                                                             from certain Member States should be taken into
                                                                   account as well as the need to ensure that, in the
Whereas it is in particular necessary to ensure equal              circumstances, the obligations contracted under the
and uninterrupted access for all importers in the                  Agreement concerned are allocated fairly among all
Member States to the quota and uninterrupted appli­                the Member States ; whereas the approximate per­
cation of the rate laid down for that quota to all                 centages of the initial quota shares may therefore
imports of the product in question into all Member                 be fixed as follows :
States until the said quota has been used up; whereas,
having regard to the above principles, the Community
nature of the quota can be respected by allocating                          Bénélux                            10% ,
the tariff quota among the Member States : whereas,                         Dcnmark                             5% ,
                                                                            Germany                            10% ,
                                                                            France                           62'* r
                                                                            Ireland
(»)  0J No                            -
                                                                            Italy                               5% ,
H OJ No L 141 , 28 . 5. 1976, p. 195.                                       United Kingdom                      5% ;
 ---pagebreak---                                                                                                             ANNEX A
 Whereas, in order to take . account of future trends  2. Within the limits of this tariff quota the Common
 irl imports into the various Member States of the     Customs Tariff duty applicable to these products
 product concerned, ihu quota gluniM lie divided Initi shdji bs suspended at a rate of li'9% ,
 two instalments ; the first to be allocated among all                                       and until 30 June 1977
 the Member States and the second to form a reserve
                                                       3 . Within the limits of this tariff quota /the new
 intended to cover any subsequent requirements of      Member States shall apply duties calculated in
 Member States which have used up their initial        accordance with the / Agreement between the Com­
 shares; whereas, in order to ensure a certain degree  munity and Tunisia And the Act of Accession.
 of security for importers in each Member State,                             / interim
 the first instalment of the Community tariff quota
 should be set at 66% of the quota ;                                            Article 2
 Whereas Member States may use up their initial        1 . A first instalment of c . 84frnetric tons of the
shares at different rates; whereas, to provide for     Community tariff quota referred to in Article 1 ,
 this eventuality and to avoid disruption of supplies, shall be allocated among the Member States ; the
 any Member State which has almost used up its         shares, which subject to Article 5 shall be valid until
initial share should draw an additional share from     31 December 197 7 shall be as follows :
the reserve ; whereas this should be done by each
Member State when each of its additional shares has             Bcnelux                 280 metric tons,
been almost used up, and so on as many rimes as the             Dcnmark                 1 40 metric tons,
reserve allows ; whereas the initial and additional             Germany                 280  metric tons,
shares should be valid until the end of the quota
period ; whereas this form of administration requires           rrance                ■ 7 60 metric tons,
close collaboration between Member States and the               Ireland                 1 00 metric tons,
Commission, and the Commission must be in a                     Italy                   1 40 metric tons,
position to keep a record of the extent to which the            United Kingdom          1 49 metric tons.
quota has been used up and to inform the Member                                               1.460
States accordingly ;
                                                       2. The second instalment of /          metric tons shall
                                                       constitute the reserve.
Whereas if, at a given date in the quota period, a
considerable quantity of a Member State's initial
share remains unused, it is essential that that Mem­                           Article 3
ber State should return a significant proportion to
the reserve so as to prevent a part of the quota from  1 . If 90% or more of any Member State's initial
remaining unused in one Member State when it           share as fixed in Article 2 ( 1 ), or 90% of that share
could be used in others ;                              less any portion returned to the reserve, where
                                                       Article 5 has been applied, has been used up that
                                                       Member State shall forthwith * by notifying the
Whereas, since the Kingdom of Belgium , the Kingdom    Commission, draw a second share equal to 15% of
of the Netherlands and the Grand Duchy of Luxem­       its initial share, rounded up where necessary to the
bourg are united within and jointly represented by     next whole number, to the extent that the reserve
the Benelux Economic Union any measure concern­        so permits.
ing the administration of the shares allocated to
that Economic Union may be carried out by any one
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, that Member State shall, in
                                                       accordance with the conditions laid down in para­
HAS ADOPTED THIS REGULATION :                          graph 1 , draw a third share equal to 7-5% of its
                                                       initial share.
                       Article 1                       3 . If after its second share has been used up, 90%
                                                       or more of the third share drawn by a Member
                           January                     State has been used up, that Member State shall , in
1 . For the period 1 / to            December 197 7 a  accordance with the same conditions, draw a fourth
Community tariff quota of 4 300/netric tons shall be   share equal to the third.
opened in the Community for apricot pulp, falling
within subheading ex 20.06 B II c) 1 aa) of the        This procedure shall apply until the reserve is used
Common Customs Tariff, originating in Tunisia."        up .
 ---pagebreak---                                                                                             ANNEX     A
4. Notwithstanding paragraphs 1 , 2 , and 3 , Member         It shall ensure that the drawing which exhausts the
States may draw smaller shares than those specified          reserve docs not exceed the balance available and
therein if there are grounds for believing that those        to this end shall specify the amount thereof to the
specified may not be used in full. They shall inform         Member State making the final drawing.
the Commission of their reasons for applying this
paragraph.
                                                                                    Article 7
                       Article 4                             1 . Member States shall take all appropriate measures
                                                             to ensure that additional shares drawn pursuant to
Additional shares drawn pursuant to Article 3 shall          Article 3 are opened in such a way that imports may
be valid until 31 December 1977.                             be charged without interruption against their aggre­
                                                             gate shares of the Community quota.
                       Article S                             2. Member States shall ensure that importers of the
                                                             products in question established in their territory
Member States shall return to the reserve, not later         have free access to the shares allocated to them.
than 15 November 1977, the unused portions of
their initial shares which, on 1 November 1977, are          3 . Member States shall charge imports of the said
in excess of 20% of the initial amounts. They may            products against their shares as and when the prod­
return a greater portion if there are grounds for            uct in question is entered for home use.
believing that such portions may not be used in full .
                                                             4. The extent to which a Member State has used
Member States shall notify the Commission, not               up its share shall be determined on the basis of the
later than 15 November 1977, of the total quantity           imports charged in accordance with paragraph 3 .
of the product in question imported up to and
including 1 November 1977 and charged against the                                    Article 8
Community quota and of any portion of their initial
shares returned to the reserve.
                                                             At the Commission's request, Member States shall
                                                             inform it of the imports actually charged against
                       Article 6                             their shares.
The Commission shall keep an account of the shares                                   Article 9
opened by the Member States pursuant to Articles 2
and 3 and, as soon as it has been notified, shall            The Member States and the Commission shall co­
inform each Member State of the extent to which
                                                             operate closely to ensure that this Regulation is
the reserve has been used up.                                complied with.
It shall inform the Member States, not later than
20 November 197/ of the state of the reserve after                                   Article 10
amounts have been returned thereto pursuant to
Article 5 .                                                  This Regulation shall enter into force on
                                                               1 January 1977 .
            - This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                                For the Council
                                                                                  The President
 ---pagebreak---                                                                                                           ANNEX          B
                                                Proposal of a
                                      COUNCIL REGULATION ( EEC) No
              oh the opening flllntatiof) ttiid fidminiitratiort of a Community tariff quota for
               apricot pulp, falling within subheading cx 20.06 B II c) I aa ) of the Common Customs
                                         Tariff, originating in Morocco ( 1977 )
THE COUNCIL OF THE EUROPEAN                                     Community nature of the quota can be respected'
COMMUNITIES,                                                    by allocating the tariff quota among the Member
                                                                States ; whereas, to reflect most accurately the actual
                                                                development of the market in the products in
Having regard to the Treaty establishing the                    question, such allocation should be in proportion
European Economic Community, and in particular                  to the requirements of the Member States, assessed
Articles 43 and 1 13 thereof,                                   by reference both to the statistics relating to imports
                                                                of the said product from Morocco over a represen­
                                                                tative reference period and to the economic outlook
Having regard to the proposal from the Commission,              for the quota period concerned ;
Having regard to the opinion of the European                    Whereas, during the last three years for which
Parliament ( ' ),
                                                                statistics are available, the corresponding imports of
                                                                each Member State represent the following percent­
Whereas rhe       Interim       Agreement between rhe           ages of imports into the Community from Morocco
                                                                of the products concerned :
European Economic Community and the Kingdom
of Morocco, Signed on 27 April 1976, provides in                                                               (in percentages)
Article 1 5 for the opening by the Community of an
annual Community tariff quota of 8 250 metric tons                                                       1973          1974     1975
of apricot pulp falling within subheading ex 20.06 B II
c) 1 aa) of the Common Customs Tariff originating               Bcnclux                               I 0-7       I     0-8      0.6
in Morocco ; whereas the customs duties applicable              Dcnmark                                   0-6           0-3
to the quota arc equal to 70% of the customs duties             Germany                                  46-2         45-5
actually applied to non-member countries;                       France                              i    50-7         51-3      91.3
                                                                Ireland
                                                                Italy                                                   0-5      2.1
                                                                United Kingdom                         ,  1-8           1-6      6.0
whereas the Community tariff quota in question
                                                                 Whereas, both these percentages and the estimates
should therefore be opened for the year 1977 ;                  from certain Member States should be taken into
                                                                 account as well as the need to ensure that, in the
                                                                 circumstances, the obligations contracted under the
                                                                 Agreement concerned are allocated fairly among all
Whereas it is, in particular, necessary to ensure equal
                                                                 the Member States ; whereas the approximate
 and uninterrupted access for all importers in the               percentages of the initial quota shares may therefore
Member States to the quota and uninterrupted                     be fixed as follows :
 application of the rate laid down for that quota to
all imports of rhe product in question into all Member
                                                                         Bénélux                                3% ,
 States until the said quota has been used up ;
 whereas having regard to the above principles the                       Denmark                                3% ,
                                                                         Germany                              36% ,
                                                                         France                               41% ,
                                                                         Ireland                                2% ,
 ' ) ÛJ No                                                               Italy                                  5% ,
 (») OJ No L 141, 28: 5. 1976; p. 98.                                    United Kingdom                       10% :
 ---pagebreak---   L.
                                                          - 2 -                                                          ANNEX                 B
  V.
                                                                                               ,     :•        •v \;;
 Whereas, in order to take account of future trends in      2. Within the limits of this'tstriff quota the Coirimon
 imports into the various Member States of the              Customs Tariff duty applicable .. {ft, .these .. products - Z-
 product concerned, the quota should be divided into        shall be suspended at a rate pfT.l-9%/V'v                                            '/.'J.'-'r
 two instalments, rhe first to be allocated among all
 the Member States and the second to form a reserve                                      ' ..            - and' untiC 30 June                                 1977
 intended to Cover any subsequent requirements of           3 . Within the limits of. thijr tariff . quota /the new
  Member States which have used up their initial            Member States shall apply : duties . ValeuJated', In .
 Shares ; whereas, in order to ensure a certain degree      accordance with the' » Agteementt^etween.' the ' ' l- :y .
 of security for importers in each Member State, the        Community and Morocco and the' Act:pf AccessicJiji " . ■                                        '
 first instalment of the Community tariff quota should                                 / Interim
 be set at 66% of the quota:
                                                                                   . Article .2
 Whereas Member States may use up their initial              1 . A first instalment of 5 440 rttetric tons 1 of . the
 Shares at different rates ; whereas, to provide for this   Community tariff quota referred to m Article 1 , shall
 eventuality and to avoid disruption of supplies, any       be allocated among the Member States; the shares, '
 Member State which has almost used up its initial          which subject to Article 5 , shall be .valid until 31
 share should draw an additional share from           the
                                                            December 1976, shall be as follows:-
 reserve; whereas this should be done by each
 Member State when each of its additional shares has
                                                                     Bénélux                        160 •metn-e ronSy
 been almost used up, and so on as many times as
 the reserve allows ; whereas the initial and additional             Denmark                        160 • metric .tons*
 shares should be valid until the end of the quota                   Germany               1 .'960 metric tons, .
 period ; whereas this form of administration requires               rrance                3.200=           metric tons, ■■>.
 close collaboration between Member States and the                   Ireland
 fcommission, and the Commission - must be in a                                                    120      fnetrrc tons < ,
 position to keep a record of the extent to which the                Italy '       V          ' 280' inptric tdhs, '
 cjuota has been used up and to inform the Member                    United Kingdom .             56Q       metric tons .
 States accordingly;
                                                            2. The second instalment of 2 gKjnetne fpjis shall
                                                            constitute the reserve!                                  ' -    i
 Whereas if, at a given date in the quota period, a
 considerable quantity of a Member State's initial
 share remains unused, it is essential that that
 Member State should return a significant proportion                                 ArUcle3>* t                  i                  f
 to rhe reserve so as to prevent a part of the quota
 from remaining unused in one Member State when              1 . If 90% or more of any Mernbpr State's, initial „
 it could be used in others ;                               share as fixed in Article 1 - ( 1 ), or 90%.' of that share •
                                                            less any portion returned to , the reserve, where
                                                            Article 5 has been applied,' has ■ been - used-up 'riiati. A
                                                            Member State shall forthwith, >by . notifying', the a
 Whereas, since the Kingdom of Belgium, the Kingdom         Commission, draw a second share , equal tO -45% pf ■ ;
 of the Netherlands and the Grand Duchy o£ Luxem­
                                                            its initial share, rounded up . where necessary to. the
 bourg are united within and jointly represented by         next whole number, to the extent that the reserve so
 the     Benelux   Economic      Union,   any   measure     permits.                                         ,                t ..
 concerning the administration of the shares allocated
 to that Economic Union may be carried out by any                                    .... ',·<■>.·*                      "·     .···'·' .: ν       '
 one of its members,                                        2. If after its initial share has been- tised up, 90%
                                                            or more of the second share.' drawn /by ^, Member ;
                                                            State has been used up^.that*.^^n^;T:                                            in
                                                            accordance with . the. - conditions. ■■ •laid.;' d^vvn in. ,■
 HAS ADOPTED THIS REGULATION :                              paragraph 1 , draw a . third share equal to 7-5% of
                                                            its initial share.
                         Article 1                          3. If after its secoiid share lips                     ;                            • £•.
                                                            or more of the third share; drawn' by a Member V
              ' ■    '        January                       State has been used up, that Mejnber State shall, in •
 1 . For the period 1       /   to 31 December 197 7a       accordance with the same conditions,! draw a fourth ,
 Community tariff quota of 8250 metric tons shall           share equal to the third.
 be opened in the Community for apricot pulp,
falling within subheading ex 20.06 B II c) 1 aa) of         This procedure shall apply - until the reserve is used                                    •
 the Common Customs Tariff, originating in Morocco.         up.                  "                     '
?•
 ---pagebreak---                                                         - 3 -                                       ANNEX       B
 4. Notwithstanding paragraphs 1 , 2 find 3» Member          It shall ensure that the drawing which exhausts the
 States may draw smaller shares than those specified          reserve does not exceed the balance availably and to
 rhcrcin if there are grounds for believing that those       this end shall specify the amount thereof to the
 specified may not be used in full . They shall inform        Member State making the final drawing.
 the Commission of their reasons for applying this
 paragraph.
                                                                                     Article 7
                        Article 4
                                                              1 . Member States shall take all appropriate measures
                                                             to ensure that additional shares drawn pursuant to
Additional shares drawa pursuant to Article 3 shall          Article 3 are opened in such a way that imports may
 be valid until 31 December 1977                             be charged without interruption against their
                                                              aggregate shares of the Community quota.
                        Article S                            2. Member States sfh al 1 ensure that importers of the
                                                             products in question established in their territory
                                                             have free access to the shares allocated to them .
Member States shall return to the reserve, not later
than 15 November 1977, the unused portions of
their initial shares which, on 1 November 197/, are          3 . Member States shall charge imports of the said
in excess of 20% of the initial amounts. They may            products against their shares as and when the product
return a greater portion if there are grounds for            in question is entered for home use.
believing that such portions may not be used in full.
                                                             4. The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the-
Member States shall notify the Commission, not later
than 15 November 1977, of the total quantity of the          imports charged in accordance with paragraph 3 .
product in question imported up to and including
1 November 1977 and charged against the                                              Article 8
Community quota and of any portion of their initial
shares returned to the reserve.
                                                             At the Commission's request, Member States shall
                                                             inform it of the imports actually charged against
                        Article 6                            their shares.
The Commission shall keep account of the shares                                      Article 9
opened by the Member States pursuant to Articles
2 and 3 and, as soon as it has been notified , shall         The    Member States      and the    Commission      shall
inform each Member State of the extent to which
                                                             cooperate closely to ensure that this Regulation is
the reserve has been used up.                                complied with.
It shall inform the Member States, not later than
20 November 1977 of the state of the reserve after                                  Article 10
amounts have been returned thereto pursuant to
Article 5.                                                   This Regulation shall enter into force on
                                                               1 January 1977 ..
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, ,
                                                                                      For the Council
                                                                                      The President