CELEX: 51987PC0103
Language: en
Date: 1987-03-16
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 (1987) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 103
Vol. 1987/0046
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(87 ) 103 final
                                         Brussels , 16 March 1987
                              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 ( 1987 )
                     ( submitted by the Commission )
 ---pagebreak---                              Explanatory memorandum
 1 . Article 2 of Council Regulation ( EEC ) No 3700/83 laying down the
     arrangements applicable to trade with the Republic of Cyprus beyond 31
     December 1983 , amended by Council Regulation ( EEC ) No 3682 /85 ,
     provides for the opening of a Community tariff quota of 7 500 tonnes
     of fresh table grapes , falling within subheadings ex 08.04 Ala) and
     b ) of the Cannon 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 1987 .
     Pending the conclusion of an Adaptation Protocol following the
     Accession of Spain and Portugal the tariff measure in question
     applies , however only to the Community as constituted on 31 December
     1987 .
2 . The Regulation makes provision for the division of the quota volume
     into two instalments , the first of which is allocated by shares
     amongst all Member States , while the second constitutes a reserve . The
     allocation of the first instalment is usually based on the statistical
     data of the last three years and estimates for the period in questicn .
3 . In this case there are neither Community nor national statistical data
     available which correspond to the quota period in question and no
     estimates can be put forward . In these circumstances initial shares
     should be established for taking into account the possibilities of
     consumption of these goods in each of the Member States .
4 . It is proposed that the proposal for a Council Regulation opening the
     Cormunity tariff quota described above should be approved .
Annex : 1 proposai for a régulation .
 ---pagebreak---                                     NOTE
The tariff quota concerned might be modified in the context of the result
of the negotiations with the contracting country in view of the
conclusion of an Adaptation Protocol to the Agreement in question .
Pending this , the proposed Regulation permits the respec± of the
engagements contracted by the Ccmnunity .
The Commission reserves the possibility of modifying the proposal during
the procedure .
 ---pagebreak---                                                      Proposai 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 (198?)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     take into account demand for these products on the
                                                              markets of the various Member States ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113            Whereas, in order to take into account import trends for
 thereof,                                                     the products concerned in the various Member States, the
                                                              quota amount should be divided into two instalments, the
 Having regard to the proposal from the Commission,           first being shared among the Member States and the
                                                              second constituting a reserve to cover at a later date the
 Whereas Article 2 of Council Regulation (EEC) No             requirements of the Member States which have used up
 3700/83 of 22 December 1983 laying down the arrange­         their initial quota shares ; whereas, in order to give impor­
 ments applicable to trade with the Republic of Cyprus        ters in each Member State a certain degree of security, the
 beyond 31 December 1983 ( ' ), as amended by Regulation      first instalment of the Community quota should under
 (EEC) No 3682/85 (2), provides for the opening of a          the circumstances be fixed at 86 % of the quota volume ;
 Community tariff auota of 7 500 tonnes of fresh table
grapes, falling within subheadings ex 08.04 A 1 a) and b)     Whereas the Member States’ initial shares may be used up
                                                              at different times ; whereas, in order to take this fact into
 of the Common Customs Tariff and originating in
 Cyprus , at rates of customs duty equal to 40 % of the       account and avoid any break in continuity, any Member
customs duty in the Common Customs Tariff, for the            State which has almost used up its initial quota share
                                                              should draw an additional share from the reserve ;
period 8 June to 31 July 198 7; whereas the Community
tariff quota in question should therefore be opened for       whereas this must be done by each Member State as and
this period ;                                                 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
Whereas, in accordance with Articles 180 and 367 of the
                                                              the quota period ; whereas the method of administration
Act of Accession of Spain and Portugal, the Council           requires close cooperation between the Member States
adopted Regulation ( EEC) No 449/ 86 determining the
                                                              and the Commission, and the latter must be in a position
arrangements to be applied by the Kingdom of Spain and
                                                              to monitor the extent to which the quota volumes have
the Portuguese Republic to trade with certain third coun­     been used up and to inform the Member States thereof ;
tries (3) ; whereas this Regulation therefore applies to the
Community as constituted on 31 December                       Whereas if, at a given date in the quota period, a substan­
 1987 ;                                                       tial quantity of the initial share remains unused in any
Whereas it is in particular necessary to ensure for all       Member State, it is essential that that Member State
Community importers equal and uninterrupted access to         should return a significant proportion to the reserve to
the abovementioned quota and uninterrupted application        prevent a part of any tariff quota from remaining unused
of the rate laid down for that quota to all imports of the    in one Member State when it could be used in others ;
products concerned into all Member States until the quota
has been used up ; whereas, having regard to the above        Whereas, since the Kingdom of Belgium, the Kingdom of
principles, the Community nature of the quota can be          the Netherlands and the Grand Duchy of Luxembourg
respected by allocating the Community tariff quota            are united in and represented by the Benelux Economic
among the Member States ; whereas, in order to reflect as     Union, any operation relating to the administration of the
accurately as possible the true trend of the market in the    quota shares allocated to that economic union may be
products in question, such allocation should be in propor­    carried out by any of its members,
tion 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 ;                    HAS ADOPTED THIS REGULATION :
Whereas, however, neither Community nor national
statistics showing the breakdown for the products in ques­
tion 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
(■) OJ No L 369, 30 . 12. 1983, p. 1 .
b) OJ No L 351 , 28. 12. 1985, p. 9.
(3) OJ No L 50, 28. 2. 1986, p. 40.
 ---pagebreak---                                                          2
                                                   Article 1
1 . From 8 June to 31 July 1987 on the import into the Community as
     constituted on 31 December 1985 the duties for the following
     products are suspended at the leveljand within the                              limit   of a
     Community tariff quota as follow^ .
  Order No        CCT heading                        Description                        Quota     Quota
                  No                                                                    volume    duty
                                                                                        -  t -
  09.1407                  08.04          Grapes fresh or dried :
                                          A Fresh :
                                              I. Table grapes :
                                                     a) From 1 November to 14 July :
                                                        ex 2. Other :
                                                              – From 8 June to 14 July             7   %
                                                 originating in Cyprus
                                                  ex b) From 15 July to 31 October :
                                                         – From 15 July to 31 July                 8,8 %
                                                 originajtjng in Cyprus '
                               Article 2
    1.    The Community tariff quota referred to in Article 1
    shall be divided into two tranches.
    2.    The first tranche, amounting to 6 476 tonnes, shall
    be allocated among the Member States ; the shares which,
    subject to Article 5, shall be valid until 31 July 1987, shall
    be as follows :
            Benelux                             150  tonnes
            Denmark                              10  tonnes
            Germany                             300  tonnes
            Greece                                2  tonnes
            France                                2  tonnes
            Ireland                              10  tonnes
            Italy                                 2  tonnes
            United Kingdom                   6
                                             6 000
                                                000  tonnes
                                                     tonnes
    3.    The second tranche, amounting to 1 024 tonnes,
    shall constitute the reserve.
                               Article 3
     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 5 has 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 Commis­
    sion, draw a second share equal to 1 5 % of its initial
    share, rounded up where necessary to the next unit.
 ---pagebreak---                             3
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, in accor­
dance with the conditions laid down in paragraph 1 , draw
a third share equal to 7,5 % of its initial share, rounded
up where necessary to the next unit.
3. If, after its second share has been used up, 90 % or
more of the third share drawn by a Member 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.
This process shall continue until the reserve is used up.
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 Commission of
its reasons for applying this paragraph.
                           Article 4
Each of the additional shares drawn pursuant to Article 3
shall be valid until 31 July 198 ?
                           Article 5
The Member States shall return to the reserve, not later
than 15 July 198 ?, such unused portion of their initial
share as, on 10 July 198’ , is in excess of 20 % of the
initial volume. They may return a larger quantity if there
are grounds for believing that this quantity may not be
used .
The Member States shall notify the Commission , not later
than 15 July 1982 , of the total quantity of the products in
question imported up to 10 July 1 °8 "f and charged
against ine tariff quota anri of any out ,nicy of t.ie initial
shares returned to the reserve .
                           Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and, as soon as it is notified, shall inform each State of the
extent to which the reserve has been used up .
It shall inform the Member States , not later than 20 July
 1987, 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
reserve does not exceed the balance available and, to this
end, notify the amount of that balance to the Member
State making the last drawing.
 ---pagebreak---                                                            4
                         Article 7                              4. The extent to which a Member State has used up its
                                                                share shall be determined on the basis of the imports
1 . The Member States shall take all measures necessary         charged in accordance with paragraph 3.
to ensure that additional shares drawn pursuant to Article
3 are opened in such a way that imports may be charged                                    Article 8
without interruption against their accumulated share of
the tariff quota.                                               At the Commission’s request the Member States shall
                                                                inform it of imports actually charged against their shares.
2. The Member States shall ensure that importers of
                                                                                          Article 9
the products in question have free access to the shares
allocated to them .
                                                                The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
3. The Member States shall charge the imports of the
products concerned against their shares as and when the                                  Article 10
products are entered with customs authorities for free
circulation .                                                   This Regulation shall enter into force on 8 June 198 ?
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Luxembourg,
                                                                            For the Council
                                                                             The President
 ---pagebreak--- Fiche d' impact de certains actes législatifs sur les PME et l' emploi .
          Proposition de règlement ( CEE ) du Conseil portant ouverture ,
          répartition et mode de gestion d' un contingent tarifaire
          corrmunautaire de raisins frais de table , de la sous-position
          ex 08.04 A I du TDC , originaires de Chypre ( 1987 )
1.   OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA
     LEGISLATION POUR LES ENTREPRISES :
     NON
2.   AVANTAGES POUR L' ENTREPRISE
     OUI
     LESQUELS :
     Réduction des droits de douane à 1 ' importation .
3.   INCONVENIENTS POUR L' ENTREPRISE
      ( coût supplémentaires )
     NON
     CONSEQUENCES
4.   EFFETS SUR L' EMPLOI
     Maintien ou amélioration de 1 ' emploi .
5.   Y A-T-IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES SOCIAUX ?
     NON
     AVIS DES PARTENAIRES SOCIAUX
6.   Y A-T -IL UNE APPROCHE ALTERNATIVE LDINS CONTRAIGNATE ?
     Ncn . Ce contingent résulte d' un engagement contractuel de la
     Conmunauté .