CELEX: 51993PC0024
Language: en
Date: 1993-01-29
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for fresh strawberries originating in the occupied territories and laying down the procedure applicable to certain agricultural products subject to reference quantities originating in the said territories (1993)

COMMISSION OF THE EUROPEAN COIVMUNITIES
                                          C0M(93)24  final
                                          Brussels, 29 January 1993
                            Proposal for a
                       COUNCIL REGULATION (EEC)
     opening and providing for the administration of a Community tariff
    quota for fresh strawberries originating in the occupied territories
      and laying down the procedure applicable to certain agricultural
       products subject to reference quantities originating in the said
                               territories (1993)
                     (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1.  Council   Regulation    (EEC) No 1134/91       on   the   tariff    arrangements
applicable to imports into the Community of products originating in the
occupied territories and repealing Regulation (EEC) No 3363/86 provides
for  duties   on   imports   of   fresh   strawberries     and   the    agricultural
products   set   out   in   the   Annex   and   originating      in   the    occupied
territories    to    be    eliminated      in   two     equal     instalments,      on
1 January 1992 and 1 January 1993, and within the periods indicated.
2.  Duties on strawberries falling within CN code 0810 10 90 are to be
eliminated    within    the    limits   of    a   Community     tariff     quota    of
1 200 tonnes.
The agricultural products set out in the Annex are subject to Community
surveillance    within   a   framework    of   reference    quantities      and  pre-
established timetables.
3.  As regards the administration of the tariff quota, it is proposed
that the entire volume of the quota form a Community reserve to which
all Member States would have access according              to the procedure       laid
down in Article 3 of the proposed Regulation.
With regard to the procedure applicable to the agricultural products,
Article 3(2) of Regulation 1134/91 provides that where imports of one
of  these   products    exceeds    the  reference     quantity,     the   product   in
question may be made subject to a Community              tariff quota which will
apply  to a    quantity    equivalent    to   the   reference    quantity,     if the
amounts imported appear likely to cause difficulties               in the Community
market.
 ---pagebreak---                                  - 2 -
4.  The system of surveillance planned for these reference quantities
does not entail the adoption of common rules other than those currently
applied uniformly by all Member States in the matter of the Community's
external   trade  statistics.  Given   that   reference  quantities  are
generally  opened  for   less than   a  calendar   year, the  Commission
departments responsible for examining whether a product should be made
subject to a tariff quota can obtain the requisite statistics from the
Statistical Office of the European Communities.
 ---pagebreak---                                                         Proposal for a
                                       COUNCIL REGULATION (EEC) N o                         /93
                                                       of
                   opening a n d providing for the administration of a C o m m u n i t y tariff quota for
                   fresh strawberries originating in the Occupied Territories a n d laying down the
                   procedure applicable to certain agricultural products subject to reference
                                   quantities originating in the said territories (1993)
                                                                       cooperation between the Member States and the Commissic
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               and the latter must in particular be able to monitor
                                                                       the rate at which the quota is used up and inform the
Having regard to the Treaty establishing the European                  Member States accordingly;
Economic Community, and in particular Article 113
thereof,                                                               Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                       the Netherlands and the Grand Duchy of Luxembourg
                                                                       are united within, and jointly represented by, the Benelux
Having regard to Council Regulation (EEC) No 1134/91                    Economic Union, any operation concerning the adminis-
of 29 April 1991 on the tariff arrangements applicable to              tration of the quota may be carried out by any one of its
imports into the Community of products originating in                   members ;
the occupied territories and repealing Regulation (EEC)
No 3363/86 ('), and in particular Articles 2 and 3 thereof,             Whereas, in carrying out its international obligations
                                                                        the Community must open reference quantities and
Having regard to the proposal from the Commission,
                                                                        establish a statistical surveillance system regarding
                                                                        the products listed in the annex hereto;
                                                                        Whereas, in order to enable the competent authorities
Whereas Article 2 of Regulation (EEC) No 1134/91                        within the Commission to establish an annual trade
provides for the elimination of customs duties on imports               balance sheet for each of the products and, if necessary, to
of the agricultural products set out in Annex II thereto                put into application the arrangement provided for in
and originating in the Occupied Territories in two equal                Article 3 (2) of Regulation (EEC) No 1134/91, these
 instalments, on 1 January 1992 and 1 January 1993, and                 products are subject to a statistical surveillance in
within the periods indicated for each product; whereas,
                                                                        accordance with Regulations (EEC) No 2658/81 (2) and
 therefore, it is appropriate to open on 1 January 199 3 the
                                                                        (EEC) No 1736/75 H ;
 Community tariff quotas laid down for the said products,
               ,                          the volumes of                Whereas, to ensure the efficiency of the surveillance
  which are           indicated in Article 1 and the Annex to           system, the Member States must nevertheless charge
 this Regulation ;                                                       imports of the products i n question against the
                                                                         reference quantities as and when this products are
 Whereas duties on strawberries falling within CN code                  presented to the customs under cover of declarations
 0810 10 90 are eliminated within the limits of a Commu-                 for release for free circulation; whereas the re-ferenc
 nity tariff quota of 1 200 tonnes ;                                    quantities for the products listed i n the annex hereto,
                                                                        should be opûned for 1995;
 Whereas equal and continuous access to the quota should                    HAS ADOPTED THIS REGULATION :
 be ensured for all Community importers and the rate laid
 down for the quota should be applied consistently to all                                          Article I
  imports of the products in question into all the Member
 States until the quota is exhausted ;                                  The customs duty applicable to imports into the Commu-
                                                                         nity of fresh strawberries originating in the occupied terri-
 Whereas the decision for the opening, in the
                                                                         tories shall be suspended at the levels indicated below and
 execution of its international obligations, of                          within the limits of the Community tariff quota as shown
 tariff quota should be taken by the Community;                          below :
 whereas, to ensure the efficiency of a common
 administration of t h k quota, there is no reasonable
 obstacle to authorising the Member States to draw
 from the quota-volune the necessary quantities
 corresponding to actual imports;
 whereas this method of administration requires close
                                                                                                            Amount          Quota duty
      Order No      Taric code                              Description                                     of quota            (V.)
                                                                                                          (in tonnes)
  09.1381           0810 10 90*3& Fresh strawberries from l January to 31 March ! 9 ° 3                    1 200
                               *49
                                                                         (') OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by
                                                                             Regulation (EEC) No 1056/91 (OJ No L 107. 27. 4. 1991.
                                                                             p. 10).
                                                                         0 OJ No L 183. 14. 7. 1975, p. 3. Regulation as last amended by
                                                                             Regulation (EEC) No 1629/88 (OJ No L 147. 14. 6. 1988.
  (') OJ No L 112, 4. 5. 1991. p. 1.                                         p. 1).
 ---pagebreak---                                                            -M-
                          Article 2                                                      Article 4
The tariff quota referred to in Article 1 shall be adminis-     1.    Imports into the Community of certain products
tered by the Commission, which may take any appro-             originating in the occupied territories shall be subject to
priate measure with a view to ensuring the efficient admi-     reference quantities and to a statistical surveillance.
nistration thereof.                                            The products referred to in the first subparagraph, their
                                                               CN codes, the periods of validity and the levels of the
                          Article 3                            reference quantities are set out in the Annex.
                                                                2.    Quantities shall be charged against the reference
If an importer presents, in a Member State, a declaration
                                                               quantities as and when products are entered with customs
of entry into free circulation including a request for pref-
                                                               authorities for free circulation and accompanied by a
erential benefit for a product covered by Article 1, and if
                                                               movement certificate. If the movement certificate is
this declaration is accepted by the customs authorities, the
                                                               submitted a posteriori, the goods shall be charged against
Member State concerned shall draw, from the tariff quota,
                                                                the corresponding reference quantity at the moment
by means of notification to the Commission, a quantity
                                                               when the goods are entered for free circulation.
corresponding to these needs.
                                                               The extent to which the reference quantities are used up
The requests for drawing, with the indication of the date      shall be determined at Community level on the basis of
of acceptance of the said declaration, must be communi-         the imports charged against them in the manner defined
cated to the Commission without delay.                          in the first subparagraph, as communicated to the Statis-
                                                                tical Office of the European Communities in application
The drawings are granted by the Commission on the basis         of Regulations (EEC) No 2658/87 and (EEC) No 1736/75.
of the date of acceptance of the declaration of entry into
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance                                 Article 5
so permits.                                                     The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
 If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.
                                                                                          Article 6
 If the quantities required are greater than the available
                                                                This Regulation shall enter into force on the day of its
balance of the tariff quota, allocation shall be made on a
                                                                publication in the Official Journal of the European
 pro rata basis with respect to the requests. Member States
                                                                 Communities.
shall be informed by the Commission of the drawings
 made.                                                          It shall apply from 1 January 199 r
                 This Regulation shall be binding in its entirety and direcdy applicable in all Member
                  States.
                  Done at Brussels,
                                                                             For the Council
                                                                              The President
 ---pagebreak---                                                     r
                                                  ANNEX
                                                                              Reference
 Order                 Taric                      Description      Validity   quantity
           CN code
  No                   code                                                    (tonnes)
18.0310 ex 0702 00 10   •31   Tomatoes, fresh or chilled       I. 1 — 3 1 . 3  1 000
                        "39
                        '41
                        •49
                        '51
                        '59
                        •61
                        •69
18.0320 ex 0709 30 00   •20   Aubergines, fresh or chilled    15. I — 30. 4      3 000
                        •30
18.0330 ex 0709 60 10     11  Sweet peppers                    1. 1 — 31.12       1 000
                           19
                         •20
                          30
18.0340 ex 0709 90 70         Courgettes, fresh or chilled     1. 1 — 2 9 . 2      300
                         •20
18.0350 ex 0805 10 11      10 Oranges, fresh                    1. 1 — 31. 12   25 000
                         •90
        ex 0805 10 15      10
                         •90
        ex 0805 10 19    '10
                         •90
            0805 10 21
            0805 10 25
            0805 10 29
         ex 0805 10 31   •10
                         •80
         ex 0805 10 35   •10
                         •80
         ex 0805 10 39   '10
                         •80
         ex 0805 10 41   •12
                         •13
                         •18
                         •91
                         •98
         ex 0805 10 45   "12
                         •13
                         •18
                         •91
                         •98
         ex 0805 10 49    •12
                          •13
                          •18
                          '91
                          •98
         ex 0805 10 70    •11
                          •13
                          •14
                          '18
                          '11
         ex 0805 10 90
                          •19
 ---pagebreak---                                                                                                    Reference
 Order                 Taric                        Description                        Validity    quantity
           CN code
  No                   code                                                                         (tonnes)
18.0360 ex 0805 20 10   '31      Mandarins (including ungerines and satsumas) ;    1 "i — 31.12         500
                        *33      clémentines, wilkings and similar citrus hybrids,
                                 fresh
                       *ic3
        ex 0805 20 30   •31*39
                        *33
                        *3S*3*
                               7
        ex 0805 20 50   '31
                        *33
                        '35
                             *35
                        '31
                             *3>
        ex 0805 20 70
                         •33
                        *35
        ex 0805 20 90   "11
                        m
                        *17
                        *18
                        *51
                        *53
                        *55
                        *58
                       ^59-
18.0370  ex 0805 30 10   •io      Lemons (Citrus Umon, Citrus limonom), fresh      I. 1 — 31. 12        800
18.0380  ex 080710 5*0            Melons, fresh                                     1. 1 — 3 1 . 5   10 000
                         "13
                         *14
                         *23
                         *33
                         '34
                         *43
 ---pagebreak---                           FINANCIAL STATEMENT
1. Budget heading: Chapter 12, Article 120
2. Legal basis: Article 113 of the Treaty
3. Title of the tariff measure:   Proposal for a Council Regulation
   opening and providing for the administration of a Community tariff
   quota    for  fresh   strawberries   originating   in  the   occupied
   territories and   laying down the procedure applicable     to certain
   agricultural  products subject to reference quantities originating
    in the said territories (1993)
4. Aim: Fulfilment of a commitment arising from a Council Regulation
5. Calculation method:
   CN code:                            ex 08010 10 90
   Volume of quota in tonnes:          1 200 T
   Duty to be applied:                 0 %
   CN duties:                          14%
   Average estimated price in ECU/t:   2 364
6- Loss of revenue:
   The total loss of revenue from fresh strawberries for 1993 will be
    ECU 397 152.
    The application of the other provisions of this Regulation gives
    rise to no further loss of revenue.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (93) 24 final
                                                     DOCUMENTS
EN                                                                          i i 02
                                Catalogue number : CB-CO-93-027-EN-C
                                                             ISBN 92-77-52311-5
(tfficefor Official Publications of the European Communities
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