CELEX: 51983PC0408
Language: en
Date: 1983-07-01
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 (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 408
Vol. 1983/0153
 ---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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
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), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(83)         408 final
                                                        Br u s s e l s ,  1 July   1983
                                    Proposal for a
                          COUNCIL REGULATION (EEC)
            opening, allocating and providing for th e adm inistration of
          a Com m unity ta riff quota for apricot pulp, falling within sub­
           heading ex 20.06 B II c) 1 aa) of th e Common Custom s Tariff
                          and originating in Israel (1984)
                 (submitted     to the C o u n c i l b y the C o m m i s s i o n )
 COM(83) 408  final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1.    The A greem ent betw een th e European Econom ic Com m unity and the State
      of Israel com p leted by th e P rotocol to th e A greem ent betw een the EEC
      and Israel, provides in A rticle 10 of P rotocol No 1 annexed th ereto for the
      opening of an annual Com m unity ta riff quota for the im portation into the
      C om m unity of 150 m etric tons of apricot pulp, originating in Israel, falling
      w ithin subheading ex 20.06 B II c) 1 aa) of th e Common Custom s Tariff.
      The custom s d u ties applicable within the lim its of this quota are equal to
      70 % of th e duties actu ally applied to non-m em ber countries.
      A ccordingly th e ta r iff quota in question has to be opened for 1984.
 2.    The proposal for a R egulation opening this ta riff quota provides, as is
       custom ary, for the division of th e quota volum e into two instalm ents, the
       fir st being a llo ca ted among the Member S tates as quota shares, the second
       being held as a reserve.
       It does not seem possible, in this ca se, to base the allocation of the first
       tranche on the rules generally applied, that is, to relate the total imports
       by each Member S ta te during th e past three years to the Community
        im ports over the sam e period and to apply for each Member S tate the
        resu ltin g p ercen tages to the volum e of th e first tranche.    As over the
        course of th e la st 3     years th e Member S tates have imported the goods
        only occasion ally if at all, an allocation sca le based on estim a tes put
        forw ard by som e Member S tates and on the need to a llo ca te the quota
        volum e fairly am ong th e Member S ta te s appears su itab le.
  3.     It is proposed that th e proposal for a Council R egulation opening the
         C om m unity ta riff quota described in paragraph 1 above be approved.
   ANNEX : 1 proposal for a R egulation (EEC) of th e Council
 ---pagebreak---                                                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 ( 1 9 8 4 )
THE COUNCIL OF THE EUROPEAN                                         percentages of total imports of the product
COMMUNITIES,                                                         question, originating in Israel:
Having regard to the Treaty establishing the
                                                                               Member States                   1980      1981     1982
 European Economic Community, and in particular
 Article 113 thereof,
                                                                     Benelux                                                        37
                                                                      Denmark                                   _         _
 Having regard to the proposal from the Commission,                   Germany                                   ___       _         63
                                                                      Greece                                      _       .
 Whereas the Agreement between the European                           France                                    ___        _          _
 Economic Community and the State of Israel (‘),                      Ireland                                    ___       _          _
                                                                      Italy                                      ___       ___        _
                                                                      United Kingdom                             100       —          -
                 provides for the opening, by the
  Community, of an annual Community tariff quota of
  150 tonnes of apricot pulp falling within subheading                Whereas these data cannot be considered as repre­
  ex 20.06 B II c) 1 aa) of the Common Customs Tariff                  sentative to serve as a basis for allocation of the quota
  and originating in Israel; whereas the customs duties                volume among the Member States; whereas it is
  applicable to the quota are equal to 70 % of the                     difficult to estimate imports by Member States for
  customs duties actually applied to non-member                         198 4 because of the absence of any pattern in
                                                                        previous years; whereas to allocate the quota volume
  countries; whereas the Community tariff quota in
  question should therefore be opened for 198 1+                        on a fair basis, the approximate percentages of initial
                                                                        quota shares may be fixed as follows:
   Whereas it is in particular necessary to ensure for all                        Benelux                                12
   Community importers equal and uninterrupted access                             Denmark                                 5
   to the abovementioned quota and uninterrupted                                  Germany                                28
   application of the rates laid down for that quota to all                       Greece                                   1
    imports of the products concerned into all Member                             France                                   7
    States until the quota has been used up; whereas,                             Ireland                                  6
    having regard to the above principles, the Community                           Italy                                   6
    nature of the quota can be respected by allocating the                         United Kingdom                         36
     Community tariff quota among the Member States;
     whereas, in order to :eih.ct as accurately as possible
     the true trend of the market in the products in                     Whereas, in order to take into account import trends
     question, such allocEtion should be in proportion to                 for the products concerned in the various Member
     the requirements of the Member States, calculated by                 States, the quota amount should be divided into two
      reference to the statistics for imports from Israel over            instalments, the first being shared among the Member
      a representative reference period and also to the                   States and the second constituting a reserve to cover
      economic oudot ' . r r the quota period in question;                 at a later date the requirements of the Member States
                                                               I           which have used up their initial quota shares;
                                                                           whereas, in order to give importers in each Member
      Whereas, during the last three years for which                       State a certain degree of security, the first instalment
       statistics are available, the corresponding imports by               of the Community quota should under the circum­
       each of the Member States represent the following                    stances be fixed at 50 % of the 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
        (‘) OJ No L 136, ?.U. a. 1975, p. 3.                                continuity, any Member State which has almost used
                                                                             up its initial quota share should draw an additional
 ---pagebreak---                                                          - 2 -
  share from the reserve; whereas this must be done by                                                    (tonnes)
  such Member State as and when each of its additional                   Benelux                                9
  shares is almost used up, and repeated as many times                   Denmark                                3
  as the reserve allows; whereas the initial and                         Germany                               21
  additional share must be valid until the end of the                    Greece                                  1
  quota period; whereas this method of administration                    France                                 5
  requires close cooperation between the Member                          Ireland                                4
  States and the Commission, and the latter must be in                   Italy                                  4
  a position to monitor the extent to which the quota                    United Kingdom                        28
  volume has been used up and to inform the Member
  States thereof;                                                2. A second instalment of 75 tonnes shall constitute
                                                                 the reserve.
  Whereas if, at a given date in the quota period, a
  substantial quantity remains unused in any Member                                      Article 3
  State, it is essential that that Member State should
                                                                 1. If 90 % or more of a Member State’s initial
  return a significant proportion to the reserve to
                                                                 share as specified in Article 2 (1), or 90 % of that
  prevent a part of any tariff quota from remaining
                                                                 share minus the portion returned to the reserve where
  unused in one Member State when it could be used in
                                                                 Article 5 has been applied, has been used up, then, to
 others;
                                                                 the extent permitted by the amount of the reserve,
                                                                 that Member State shall forthwith, by notifying the
 Whereas, since the Kingdom of Belgium, the                      Commission, draw a second share equal to 15 % of
 Kingdom of the Netherlands and the Grand Duchy                  its initial share, rounded up where necessary to the
 of Luxembourg are united within and jointly                     next unit.
 represented by the Benelux Economic Union, any
 operation relating to the administration of the quota          2. If, after one of its initial shares has been used
 shares allocated to that economic union may be                 up, 90 % or more of the second share drawn by a
 carried out by any of its members,                              Member State has been lsed 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
HAS ADOPTED THIS REGULATION:                                    7 · 5 % of its initial share, rounded up where
                                                                necessary to the next unit.
                          Article 1                             3. If, after one of its second shares has been used
                                                                up, 90 % or more of the third share drawn by a
 1. From 1 January to 31 December 198 4 a                       Member State has been used up, that Member State
 Community tariff quota of 150 tonnes shall be                  shall, in accordance with the conditions laid down in
opened in the Community for apricot pulp falling                paragraph 1, draw a fourth share equal to the third.
 within subheading ex 20.06 BII c) 1 aa) of the
Common Customs Tariff and originating in Israel.                This process shall continue until the reserve is used
                                                                up.
 2. Within the limits of this tariff quota the                  4.     By way of derogation from paragraphs 1, 2 and
Common Customs Tariff duty applicable to these                  3, a Member State may draw shares smaller than
products shall be supended at a rate of 11-9%.                  those fixed in those paragraphs if there are grounds
                                                                for believing that they might not be used up. It shall
                                                                inform the Commission of its reasons for applying
Within the limits of this tariff quota, Greece shall            this paragraph.
apply duties calculated in accordance with the
relevant provisions in the 1979 Act of Accession and
in the said Regulation (EEC) No 637/81. (1 )                                             Article 4
                                                                Each of the additional shares drawn pursuant to
                                                               Article 3 shall be valid until 31 December 198 4
                         Article 2
                                                                                        Article 5
1. A first instalment of 75 tonnes of the
Community tariff quota referred to in Article 1 shall          The Member States shall return to the reserve, net
be allocated among the Member States; the respective           later than 1 October 198 4 such unused portions of
shares which, subject to Article 5, shall be valid until       their initial share as, on 15 S "itember 1984, *s 'n
31 December 198 4 shall be as follows:                         excess of 20 % of the initial volume. They may return
 (1) 0J '!o L 7 0 , 1 6 . 3 . 1 9 8 1 , p. 1 .
 ---pagebreak---                                                      -3-
a larger quantity if there are grounds for believing         imports may be charged without interruption against
that this quantity may not be used.                          their accumulated shares of the tariff quota.
The Member States shall notify the Commission, not           2. The Member States shall ensure that importers
later than 1 October 1984 °f the total quantities of         of the products in question
the products in question imported up to 15 September                     have free access to the shares allocated to
 198^.and charged against the tariff quota and of any         them.
fraction of the initial shares returned to the reserve.
                                                              3. The Member States shall charge the imports of
                         Article 6                            the products concerned against their shares as
                                                              and when the products are entered with customs
The Commission shall keep an account of the shares            authorities for free circulation.
opened by the Member States pursuant to Article 2
 and 3 and, as soon as it is notified, shall inform each       4. The extent to which a Member State has used
 Member State of the extent to which the reserve has          up its share shall be determined on the basis of the
 been used up.                                                 imports charged in accordance with paragraph 3 .
 It shall inform the Member States, not later than                                     Article 8
 5 October 19S.'4) of the amount in the reserve after
 quantities have been returned thereto pursuant to             At the Commission’s request the Member States shall
 Article 5.                                                    inform it of imports actually charged against their
                                                               shares.
  It shall ensure that the drawing which uses up the
  reserve does not exceed the balance available and, to                                Article 9
  this end, notify the amount of that balance to the
  Member State making the last drawing.                        The Member States and the Commission shall
                                                                cooperate closely to ensure that this Regulation is
                                                                complied with.
                          Article 7
   1.   The Member States shall take all measures                                      Article 10
   necessary to ensure that additional shares drawn             This Regulation shall enter into force on 1 January
   pursuant to Article 3 are opened in such a way that           198 4 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                                       For the Council
                                                                                        The President