CELEX: 51983PC0416
Language: en
Date: 1983-07-04
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 Morocco (1984)#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 Tunisia (1984) (submitted to the Council by the Commission)

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COM (83) 416
Vol. 1983/0155
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 ---pagebreak--- COMMISSION OF THE E U R O P E A N                         COMMUNITIES
                                                 COM(83) 416 f i n a l
                                                 Brussels, 4 July 1983
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
    opening, allocating and providing for the administration of a
       Community t a r i f f quota for apricot pulp, f a l l i n g within
      subheading ex 20.06 B II (c) 1 (aa) of the Common Customs
                Tariff    and originating in Morocco (1984)
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
    opening, allocating and providing for the administration of a
       Community t a r i f f quota for apricot pulp, f a l l i n g within
      subheading ex 20.06 B II (c) 1 (aa) of the Common Customs
                Tariff    and originating in Tunisia (1984)
             (submitted to the Council by the Commission)
  COM(83) 416 f i n a l
 ---pagebreak---                         EXPLANATORY MEMORANDUM
1.  The Cooperation 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 for the opening of annual Community
    tariff quotas for the importation into the Community of 8 250 or 4 300
    metric tonnes 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 1984.
2.  The proposals for regulations opening these tariff quotas provide - as is
     customary - for the division of each of the quota volumes into two
     instalments, the first being allocated among the Member States as quota
     shares, the second being held as a reserve.
     The allocation of the volume of the first instalment of the quota should be
     based on the rules generally applied.       These involve calculating each
     Member State's total imports over the last three years as a proportion of
     total Community imports during the same period and applying for each
     Member State, the percentages thus obtained to the volume of the first
     instalment.
     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.
3.   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      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 Morocco ( 1984)
THE COUNCIL OF T H E EUROPEAN                                        centages of imports into the Community from
COMMUNITIES,                                                         Morocco of the products concerned:
Having regard to the Treaty establishing the
                                                                                Member Slates                 1980        1981      1982
European Economic Community, and in particular                                                                                         3
 Article 113 thereof,                                                 Benelux                                    3           6
                                                                      Denmark                                  —           —           —
                                                                      Germany                                   15         28          7
 Having regard to the proposal from the Commission,                   Greece                                    —          —           —
                                                                      France                                    82          66        86
                                                                      Ireland                                   —           —
 Whereas the Cooperation Agreement between the                        Italy                                     —           —           -
 European Economic Community and the Kingdom                          United Kingdom                            —                       4
 of Morocco ('), signed on 27 April 1976,
                                                                       Whereas both these percentages and the estimates
                                                                       from certain Member States should be taken into
  provides for the opening by the Community of an                      account as well as the need to ensure that, in the
  annual Community tariff quota of 8 250 tonnes of                     circumstances, the obligations contracted under the
  apricot pulp falling within subheading ex 20.06 B II c)              Agreement concerned are allocated fairly among all
  1 aa) of the Common Customs Tariff and originating                   the Member States; whereas the approximate per­
  in Morocco; whereas the customs duties applicable to                  centages of the initial quota shares may therefore be
  the quota are equal to 70 % of the customs duties                     fixed as follows:
  actually applied to non-member countries; whereas
  the Community tariff quota in question should                                   Benelux                             8-5
   therefore be opened for 1984;                                                  Denmark                             1-8
                                                                                  Germany                            34-1
                                                                                  Greece                              0-2
   Whereas it is in particular necessary to ensure for all                        France                             38-1
    Community importers equal and uninterrupted access                            Ireland                             1-0
    to the abovementioned quota and uninterrupted                                 Italy                                1-0
    application of the rate laid down for that quota to all                       United Kingdom                     15-3
    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                Whereas, in order to take into account import trends
     nature of the quota can be respected by allocating the               for the products concerned in the various Member
     Community tariff quota among the Member States;                      States, the quota amount should be divided into two
     whereas, in order to reflect as accurately as possible               instalments, the first being shared among the Member
     the true trend of the market in the products in                      States and the second constituting a reserve to cover
     question, such allocation should be in proportion to                  at a later date the requirements of the Member States
     the requirements of the Member States, calculated by                 which have used up their initial quota shares;
      reference to the statistics for imports from Morocco                 whereas, in order to give importers in each Member
      over a representative reference period and'also to the               State a certain degree of security, the first instalment
      economic outlook for the quota period in question;                   of the Community quota should under the circum­
                                                                            stances be fixed at 70 % of the quota volume;
      Whereas, during the last three years for which
       statistics are available, the corresponding imports of'             Whereas the Member States' initial shares may be
       each Member State represent the following per-                       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 share should draw an additional share
        (·) OJ No L 264, 27. 9. 1978, p. 2.                                  from the reserve; whereas this must be done by each
                                                                             Member State as and when each of its additional
 ---pagebreak---                                                        -2-                                             ANNEX A
shares is almost used up, and repeated as many times       2.     The       second      instalment   amounting . to
as the reserve allows; whereas the initial and             2 390 tonnes shall constitute the reserve.
additional shares must be valid until the end of the
quota period; whereas this method of administration
requires close cooperation between the Member
                                                                                       Article 3
States and the Commission, and the latter must be in
a position to monitor the extent to which the quota        1. If 9 0 % or more of a Member State's initial
volume has been used up and to inform the Member           share as specified in Article 2 (1), or 90 % of that
States thereof;                                            share minus the portion returned to the reserve where
                                                           Article 5 has been applied, has been used up, then, to
Whereas if, at a given date in the quota period, a
                                                           the extent permitted by the amount of the reserve,
substantial quantity remains unused in any Member
                                                           that Member State shall forthwith, by notifying the
State, it is essential that that Member State should
                                                           Commission, draw a second share equal to 15 % of
return a significant proportion to the corresponding
                                                           its initial share, rounded up where necessary to the
reserve to prevent a part of the Community quota
                                                           next unit.
 from remaining unused in one Member State when it
 could be used in others;
                                                           2.     If, after its initial share has been used up, 90 %
 Whereas, since the Kingdom of Belgium, the                or more of the second share drawn by a Member
 Kingdom of the Netherlands and the Grand Duchy            State has been used up, then that Member State shall,
 of Luxembourg are united within and jointly               in accordance with the conditions laid down in
represented by the Benelux Economic Union, any             paragraph 1, draw a third share equal to 7-5 % of its
operation relating to the administration of the quota      initial share.
shares allocated to that eocnomic union may be
carried out by any of its members,
                                                            3.     If, after its second share has been used up, 90 %
                                                            or more of the third share drawn by a Member State
HAS ADOPTED THIS REGULATION:                                has been used up, that Member State shall, in
                                                            accordance with the conditions laid down in
                         Article 1                          paragraph 1, draw a fourth share equal to the third.
  1. From 1 January to 31 December 1984, a
                                                              'his process shall continue until the reserve is used
-Community tariff quota of 8 250 tonnes shall be
                                                            L
 opened in the Community for apricot pulp falling
 within subheading ex 20.06 BII c) 1 aa) of the
 Common Customs Tariff and originating in                    4.     By way of derogation from paragraphs 1, 2 and
 Morocco.                                                    3, a Member State may draw shares smaller than
                                                             those fixed in those paragraphs if there is reason to
 2.    Within the limits of this tariff quota the            believe that they might not be used up. It shall inform
 Common Customs Tariff duty applicable to these              the Commission of its reasons for applying this
 products shall be suspended at a rate of 11-9 %.            paragraph.
 Within the limits of this tariff quota, Greece shall
  apply duties calculated in accordance with the
  relevant provisions in the 1979 Act of Accession and                                   Article 4
  in Regulation (EEC) No 3511 /81. ( 1 )                     Each of the additional shares drawn pursuant to
                                                             Article 3 shall be valid until 31 December 1984 .
                          Article 2
   1. A first instalment amounting to 5 860 tonnes of                                    Article 5
  the Community tariff quota referred to in Article 1
  shall be allocated among the Member States; the            The Member States shall return to the reserve, not
  shares, which subject to Article 5 shall be valid until     later than 1 October 198 4, such unused portion of
   31 December 19P4, shall be as follows:                     their initial shares as, on 15 September 1984,      l s i n
                                           (tonnes)           excess of 20 % of the initial volume. They may return
         Benelux                                              a larger quantity if there are grounds for believing
                                              500
         Denmark                              110             that this quantity may not be used.
         Germany                            2 000
         Greece                                10             The Member States shall notify the Commission, not
         France                             2 220             later than 1 October 1984, of the total quantities of
         Ireland                               60             the products in question imported up to 15 September
         Italy                                 60              1984 and charged against the tariff quota and of any
         United Kingdom                       900             quantity of the initial shares returned to the reserve.
   (1)  0J No L 358,        14.12.1981, p.        1.
 ---pagebreak---                                                         -3-                                  ANNEX A
                        Article 6                                      have free access to the shares allocated to
                                                            them.
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2          3. The Member States shall charge the imports of
and 3 and, as soon as it is notified, shall inform each     the products concerned against their shares as and
Member State of the extent to which the reserve has         when the products are entered with customs
been used up.                                               authorities under cover of declarations for free
                                                             circulation.
It shall inform the Member States, not later than
5 October 1984, of the amount in the reserve after           4. The extent to which a Member State has used
quantities have been returned thereto pursuant to            up its share shall be determined on the basis of the
Article 5.                                                   imports charged in accordance with p-.: igraph 3.
It shall ensure that the drawing which exhausts the                                 Article 8
reserve does not exceed the balance available and, to
this end, shall notify the amount of that balance to         At the Commission’s request, the Men.her States shall
 the Member State making the last drawing.                   inform it of imports actually charged against their
                                                             shares.
                         Article 7                                                   Article 9
   1. The Member States shall take all measures               The Member States and the Commission shall
   necessary to ensure that additional shares drawn           cooperate closely to ensure that this Regulation is
   pursuant to Article 3 are opened in such a way that        complied with.
   imports may be charged without interruption against
   their accumulated shares of the tariff quota.                                    Article 10
 ■ 2. The Member States shall ensure that importers           This Regulation shall enter into force on 1 January
   of the products in question,                               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
 ---pagebreak---                                                                                                ANNEX B
                                                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 Tunisia ( 1 9 8 4 )
  THE COUNCIL OF THE EUROPEAN                                    Whereas, during the last three years for which
   COMMUNITIES,                                                   statistics are available, the corresponding imports of
                                                                 each Member State represent the following per­
                                                                 centages of imports into the Community from
  Having regard to the Treaty establishing the                   Tunisia of the products concerned:
  European Economic Community, and in particular
  Article 113 thereof,                                                     Member States                 1980       1981    1982
  Having regard to the proposal from the Commission,             Benelux                                    4          3       -
                                                                 Denmark                                  —          ___
                                                                 Germany                                  —            1       1
  Whereas the Cooperation Agreement between the                  G r e e ce                               —
  European Economic Community and the Republic of
  Tunisia ('), signed on 25 April 1976, provides for the         France                                   96         95       99
  opening by the Community of an annual Community                Ireland                                  —          —         -
  tariff quota of 4 300 tonnes of apricot pulp falling           Italy                                    —          —         _
 within subheading ex 20.06 B II c) 1 aa) of the                 United Kingdom                           - ■        —
                                                                                                                               -
 Common Customs Tariff and originating in Tunisia;
 whereas the customs duties applicable to the quota
 are equal to 70 % of the customs duties actually                 Whereas both these percentages and the estimates
 applied to non-member countries; whereas the                     from certain Member States should be taken into
 Community tariff quota in question should therefore               recount as well as the need to ensure that, in the
 be opened for 1984;                                                 rcumstances, the obligations contracted under the
                                                                  t reement concerned are allocated fairly among all
                                                                  th>. Member States; whereas the approximate per­
                                                                  centages of the initial quota shares may therefore be
                                                                  fixed as follows:
                                                                           Benelux                            28 6
                                                                           Denmark                             3-5
                                                                           Germany                             4-8
Whereas it is in particular necessary to ensure for all                       Greece                            Q.1
Community importers equal and uninterrupted access                          France                            54-9
to the abovementioned quota and uninterrupted                               Ireland                             1-8
application of the rate laid down for that quota to all                     Italy                               1-8
imports of the products concerned into all Member                           United Kingdom                      4-5
States until the quota has been used up; whereas,
having regard to the above principles, the Community               Whereas, in order to take into account import trends
nature of the quota can be respected by allocating the             for the products concerned in the various Member
Community tariff quota among the Member States;                    States, the quota amount should be divided into two
whereas, in order to reflect as accurately as possible             instalments, the first being shared among the Member
the true trend of the market in the products in                    States and the second constituting a reserve to cover
question, such allocation should be in proportion to               at a later date the requirements of the Member States
the requirements of the Member States, calculated by               which have used up their initial quota shares;
reference to the statistics for imports from Tunisia               whereas, in order to give importers in each Member
over a representative reference period and also to the             State a certain degree of security, the first instalment
economic outlook for the quota period in question;                 of the Community quota should under the circum­
                                                                   stances be fixed at 73 % of the quota volume;
                                                                   Whereas the Member States’ initial shares may be
(') OJ No L 265, 27. 9. 1978, p. 2.                                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
 ---pagebreak---                                                             -2-                                        ANNEX    B
 each Member State as and when each of its additional                                       Article 3
 shares is almost used up, and repeated as many times
 as the reserve allows; whereas the initial and                1.     If 90% or more of a Member State’s initial
 additional shares must be valid until the end of the          share as specified in Article 2 (1), or 90 % of that
 quota period; whereas this method of administration           share minus the portion returned to the reserve where
 requires close cooperation between the Member                 Article 5 has been applied, has been used up, then, to
  States and the Commission, and the latter must be in         the extent permitted by the amount of the reserve,
 a position to monitor the extent to which the quota           that Member State shall forthwith, by notifying the
 volume has been used up and to inform the Member              Commission, draw a second share equal to 15 % of
  States thereof;                                              its initial share, rounded up where necessary to the
                                                               next unit.
 Whereas if, at a given date in the quota period, a
                                                               2.      If, after its initial share has beei. used up, 90 %
 substantial quantity remains unused in any Member
                                                               or more of the second share drawr i; ;• Mei..usr
 State, it is essential that that Member State should
                                                               State has been used up, then that Membc State shall,
 return a significant proportion to the reserve to             in accordance with the conditions laid down in
 prevent a part of any tariff quota from remaining
 unused in one Member State when it could be used in            paragraph 1, draw a third share equal to 7-.' % of its
 others;                                                        initial share.
 Whereas, since the Kingdom of Belgium, the                     3.     If, after its second share has been used up, 90 %
 Kingdom of the Netherlands and the Grand Duchy                or more of the third share drawn by a Member State
 of Luxembourg are united within and jointly                   has been used up, that Member State shall, in
 represented by the Benelux Economic Union, any                accordance with the conditions laid down in
 operation relating to the administration of the quota         paragraph 1, draw a fourth share equal to the third.
 shares allocated to that economic union may be
 carried out by any of its members,                            This process shall continue until the reserve is used
                                                                up.
 HAS ADOPTED THIS REGULATION:                                   4.     By way of derogation from paragraphs 1, 2 and
                                                                3, a Member State may draw shares smaller than
                         Article 1                             those fixed in those paragraphs if there is reason to
                                                               believe that they might not be used up. It shall inform
 1.     From 1 January to 31 December 1984, a
                                                               the Commission of its reasons for applying this
 Community tariff quota of 4 300 tonnes shall be
                                                               paragraph.
 opened in the Community of Nine for apricot pulp
 falling within subheading ex 20.06 B II c) 1 aa) of the
 Common Customs Tariff and originating in Tunisia.                                           Article 4
 2. Within the limits of this tariff quota the                 The additional shares drawn pursuant to Article 3
 Common Customs Tariff duty applicable to these                 shall be valid until 31 December 1984.
 products shall be suspended at a rate of 11-9 %.
Within the limits of this tariff quota, Greece shall
apply duties calculated in accordance with the                                              Article 5
relevant provisions in the 1979 Act of Accession and
                                                               The Member States shall return to the reserve, not
in Regulation (EEC) No 1 0 8 0 /8 3 (1 ) .
                                                               later than 1 October 198V, such unused portion of
                             Article 2                         their initial share as, on 15 September 1984, is in
                                                               excess of 20 % of the initial volume. They may return
      1. A first instalment amounting to 3200 tonnes of
                                                               a larger quantity if there are grounds for believing
      the Community tariff quota referred to in Article 1,
                                                               that this quantity may not be used.
      shall be allocated among the Member States; the
      shares, which subject to Article 5 shall be valid until
      31 December 1984, shall be as follows:                   The Member States shall notify the Commission, not
                                                               later than 1 October 1984, of the total quantities of
                                         1        (tonnes)     the products in question imported up to 15 September
             Benelux                                  900      1984, and charged against the tariff quota and of any
             Denmark                                  110      quantity of the initial shares returned to the reserves.
             Germany                                  150
              Greece                                    10
             France                                  1 780                                  Article 6
             Ireland                                    55     The Commission shall keep an account of the shares
             Italy                                      55     opened by the Member States pursuant to Articles 2
             United Kingdom                            140
       2. The        second    instalment     amounting     to
       1 IQ0 tonnes shall constitute the reserve.
       (1)   0J   Mo L 120, 6.5.1983
 ---pagebreak---                                                       - 3-                                  ANNEX B
and 3 and, as soon as it is notified, shall inform each    3. The Member States shall charge the imports of
Member State of the extent to which the reserve has        the products concerned against their shares as and
been used up.                                              when the products are entered with customs auth­
                                                           orities for free circulation.
It shall inform the Member States, not later than
5 October 1984, of the amount in the reserve after         4. The extent to which a Member State has used
quantities have been returned thereto pursuant to           up its share shall be determined on the basis of the
Article 5.                                                  imports charged in accordance with paragraph 3.
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and, to                                Article 8
this end, notify the amount of that balance to the          At the Commission’s request, the Member States shall
Member State making the last drawing.                        inform it of imports actually charged against their
                                                            shares.
                       Article 7
 1. The Member States shall take all measures                                         Article 9
 necessary to ensure that additional shares drawn
 pursuant to Article 3 are opened in such a way that         The Member States and the Commission shall
 imports may be charged without interruption against         cooperate closely to ensure that this Regulation is
 their accumulated shares of the tariff quota.                complied with.
 2. The Member States shall ensure that importers                                    Article 10
 of the products in question,
           have free access to the shares allocated to        This Regulation shall enter into force on 1 January
 them.                                                        1984.
              This Regulation shall be binding in its entire y and directly applicable in all Member
              States.
              Done at Brussels,
                                                                                     For the Council
                                                                                      The President