CELEX: 51981PC0086
Language: en
Date: 1981-03-06
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I of the Common Customs Tariff and originating in Cyprus (1981) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 86
Vol. 1981/0025
 ---pagebreak--- Disclaimer
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM ( 81 ) 86 final
                                              Brussels , 6 March 1981
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration
     of a Community tariff quota for fresh table grapes falling
         within subheading ex 08.04 A I of the Common Customs
                Tariff and originating in Cyprus ( 1981 )
             ( submitted to the Council by the Commission )
 C0M(81 ) 86 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   Article 2 of Regulation ( EEC ) j^o^.^80 laying down the arrangements
   applicable to trade with the Republic of Cyprus beyond 31 December
, 1980 together with Article 2 of the Protocol concerning the arrange­
   ments to be applied during 1981 , : in the framework 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 ,
   provides for a certain period of 1981 for the opening of a .^Community
   tariff quota for the importation into the Community of 7 000 tonnes
   of fresh table grapes , originating in Cyprus , falling within subhea­
   dings ex 08.04 Ala ) and b ) of the Common Customs Tariff .
   The customs duties applicable within the limits of. this Quota are
   equal to 40 A of the duties actually applied to , third countries . -
  Accordingly the tariff quota in question has to be opened .
                   '     '              '                ' ,      1      ■·
  As the method of administration to be applied by all Member States,
  the Commission proposes the " greyhound " system .            -
                            ! .                - V:' ,       \            i
  This is the subject of the proposal annexed hereto .
   ANNEX : 1 proposal for a Regulation ( EEC ) of the Council .
                           ' j '
                                                       1
   Explanatory note :   If the abovementioned Protocol is already in force
   the day when the Council adopts the proposed regulation , the reference
   to Regulation ( EEC ) No 3497 / 80 has to be cancelled .
                                                                      χ
 ---pagebreak---                                                        Proposal for a
                                           COUNCIL REGULATION (EEC)'                       . •'
                                                                                     . , i             •
                 opening, allocating and providing for the administration of a Community tariff quota for
                 fresh table grapes, falling within subheading ex 08.04 A I of the Common Customs Tariff
                                                   and originating in Cyprus ( 1981 )
   THE COUNCIL OF THE EUROPEAN COMMUNITIES:
   Having regard to the Treaty establishing the European
' Economic Community, and in particular Article 113
   thereof,
       , '                                                                                      %
  Hayingfregard to the proposal from the Commission/                                            ^
                                                                                                Λ
   Whereas Article 2 of Regulation ( EEC ) No^??"/80 laying down the '
   arrangements applicable to trade with the Republic of Cyprus
   beyond 31 December 1980 .( 1 ), together with Article 2 of the Protocol
    concerning the arrangements to be applied during 1981 , in the frame­
   work 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 s
   Of Cyprus ( 2 )                               provides for
. the opening of an annual Community tariff quota of
   7 000 tonnes of fresh table grapes, falling within
   subheadings ex 08.04 A I a) and b) of the Common                             '
   Customs Tariff and originating in Cyprus, at rates of
  customs duty equal to 40 % of the customs duty in the
  Common Customs Tariff, for the period 8 June to
  31 July 1981 ; whereas the Community tariff quota              '
  should be opened for the period in question; ' , .                  '            -
  Whereas it is in particular necessary to ensure for all
  Community importers equal and uninterrupted access
  to the , abovementioned quota and uninterrupted
  application of the rate 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
  regard to the^ above principles, the Community nature
  of the quota can be respected by allocating the
  Community tariff quota among the Member States;
  whereas, in order to reflect as accurately as possible the
  true trend of the market in the products in question,
  such allocation should be in proportion to the
  requirements of the Member States, calculated by
  reference to the statistics for imports from Cyprus over
  a representative reference period and also to the
  economic outlook for the quota period in question;
   ( 1 ) 0J No L ..367 / 80,31 . 12.1930 / p . 1 .
   ( 2 ) 0J No L ....
 ---pagebreak---                                                  - 2 -
 Whereas, however, neither Community nor national
 statistics showing the breakdown for the products in
 question are available and no reliable estimates of
 future imports can be made; whereas, in these
circumstances, the quota volumes should be allocated in
 initial shares, to take into account demand for these
 products on the markets of the various Member States;
 Whereas, in order to take into account import trends
 for the products concerned in the various Member
States, the quota amount should be divided into two
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
order to give importers in each Member State a certain
degree of security, the first instalment of the
Community quota should under the circumstances be
fixed at 93 % of t)ie quota volume;
Whereas the Member States' initial shares may be used
up at different times; whereas, in order to take this fact
into account and avoid any break in continuity, any
 Member State which has almost used up its initial quota
share     should draw an additional share from the
 reserve; whereas this must be done by each Member
State as and when each of its additional shares is almost
used up, and repeated as many times as the reserve
allows; whereas the initial and additional shares must
be valid until the end of the quota period; whereas the
method of administration requires close cooperation
between the Member States and the Commission, and'
the latter must be in a position to monitor the extent to
which the quota volumes have been used up and to
inform the Member States thereof;
Whereas if, at a given date in the quota period, a
substantial quantity of the initial share remains unused
in any Member State, it is essential that that Member
State should return a significant proportion to the
reserve to prevent a part of any tariff quota from
remaining unused in one Member State when it could
be used in others;
Whereas, since the Kingdom of Belgium, the 'Kingdom
of the Netherlands and the Grand Duchy of Luxembourg
are united in and represented by the Benelux Economic
Union, any operation relating to the administration of
the quota shares allocated to that economic union may
be carried out by any of its members,
 ---pagebreak---  HAS ADOPTED THIS REGULATION :
                                               Article 1
  From 8 June to 31 July 1981 the Common Customs Tariff duties for the products listed
  below, originating in Cyprus, shall be partially suspended at the levels shown below, within
  the limits of a Community tariff quota of 7 000 tonnes:
        cor
      heading                                    Description                        Race of duty
        No
      08.04         Grapes, fresh or dried :
                    A. Fresh :
                        1. Tabic grapes:
                  ,            a) From 1 November to 14 July:                                 -  -
                                   ex 2 . .Other :
                                   – From 8. June to 14 July         -                7-2 %
                           ex b) From 15 July to 31 October:                           . '>
                                   – From 15 July to 31 July                          8-8%
 Within the limits of this - tariff quota ; "Greece shall apply customs
duties calculated in accordance with the relevant provisions in
Regulation (EEC) Notytfr&O and in the Protocol concerning the arran­
gements to be applied during 1981 , in the framework of the decision
adopted by the Association Counci l 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 .
 ---pagebreak---                           Article 2                  1 *     Commission, draw a second share equal to 15 % of its
                                                             initial share, rounded up where necessary to the next
  1 . The Community tariff quota referred to in "Article 1 • unit.
 shall be divided into two tranches.
                                                             2. If, after its initial share has been used up, 90 % or
 2. The first tranche, amounting to 6 50 ^tonnes, shall      more of the second share drawn by a Member State has
 be allocated among the Member States ; the shares,          been used up, then, to the extent permitted by the
 which subject to Article 5 shall be valid until 31 July     amount of the reserve, that Member State shall, in
                                                             accordance      with    the  conditions  laid     down in
 1980, shall be as follows:
                                                             paragraph 1 , draw a thirds share equal to 7-5 % of its
        Benelux                           200 tonnes
                                                             initial share, rounded up where necessary to the next
                                                             unit.
        Denmark                           200 tonnes
        Germany                           200 tonnes         3 . If, after its second share has been used up, 90 % or
        France Greece                       2,i. tonnes
                                                  tonnas     more, of the third share drawn by a Mertiber State has
      ' Ireland                           200 tonnes     .   been used up, that Member State shall, in accordance
        ltaly                                2 tonnes        with the conditions laid down in paragraph 1 , draw a
                                                             fourth share equal to the third.
        United Kingdom                 5 700 tonnes
                                                             This process shall continue until the reserve is used up.
3 . The second tranche, amounting to 494 tonnes, shall
constitute the reserve.                                      4. By way of derogation from paragraphs 1 , 2 and 3 , a
                                                             Member State may draw shares smaller than those fixed
                                                             in those paragraphs if there is reason to believe that
                                                             they might not be used up. It shall inform the
                         Article 3
                                                             Commission of its reasons for applying this paragraph.
 1.    If 90 % or more of a Member State's initial share'as
specified in Article 2 (2), or 90 % of that share minus
the portion returned to the corresponding reserve where                                Article 4
Article 5 has been applied, has been used up, then, to
the extent permitted by the amount of the reserve, that      Each of the additional shares drawn pursuant to
Member State shall , forthwith, by notifying .the            Article 3 shall be valid until 31 July 1981 . - .
 ---pagebreak---                           Article S                                Article 3 are opened in such a way that imports may be
                                                                   charged without interruption against their accumulated •
 The Member States shall return to the reserve, not later          shares of the tariff quota.
 than 15 July 1981 , such unused portion of their initial
 share as, on 10 July 198 "}, is in excess of 20 % of the          2. The Member States shall ensure that importers of
 initial volume. They may return a larger quantity if              the products in question established in their territory
 there are grounds for believing that this quantity may            have free access to the shares allocated to them.
 not be used .
                                                                   3 . The Member States shall charge the imports of the
 The Member States shall notify the Commission, not                products concerned against their shares as and when the
 later than 15 July 1981 of the total quantities of the            products are entered with customs authorities for free
 products in question imported up to 10 July 1981 and              circulation.         ,
 charged against the tariff quota and of any quantity of
the initial shares returned to the reserve.                        4. The extent to which a Member State has used up its
    *
                                                                   share shall be determined on the b,a.sts of . the imports
                                                                   charged in accordance with paragraph 3". "*
         , :» V           Article 6           '                                                        *•   •
                                                                                                       b :
The Commission shall keep an account of the shares
opened by (the Member States pursuant to Articles 2 and ■                                 ■ Article 8
3 find, as soon as it is notified, shall inform each State
of the extent to which the reserve has been used up.               At the Commission's request, the Member States shall
                                                                   inform it of imports actually charged against their
It shall inform the Member States, not later than 20 July '        shares.                                    '
 198 1 of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts .'any                                       Article 9     .     '
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the •„             The Member States and the Commission shall cooperate
Member State making the last drawing.                             closely to ensure that this Regulation is complied with.
                         Article 7
                                                                                            Article 10
1 . The Member States shall take all measures necessary
to ensure that additional shares drawn pursuant to                 This Regulation shall enter into force on 8 June 1981 •
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, .         i
                                                                                       For the Council
                                                                                         The President