CELEX: 51980PC0062
Language: en
Date: 1980-02-19
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR CERTAIN DRIED GRAPES FALLING WITHIN SUBHEADING No. 08.04 B I OF THE COMMON CUSTOMS TARIFF, ORIGINATING IN CYPRUS (1980) (presented by the Commission to the Council)

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DOCUMENTS "COM"
COM (80) 62
Vol. 1980/0023
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(80)62 final
                                                  Brussels , 19th February 1980
                                           H         ^ •    '' o    b-^I
                                           \ r-.A              *■ r
                      PROPOSAL FOR A COUNCIL REGULATION ( EEC )
            OPENING / ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF
                A COMMUNITY TARIFF QUOTA FOR CERTAIN DRIED GRAPES
              FALLING WITHIN SUBHEADING No . 08.04 B I OF THE COMMON
                  CUSTOMS TARIFF ,  ORIGINATING IN CYPRUS ( 1980 )
                   (presented by the Commission to the Council )
          )
COM ( 80 ) 62 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
Article 4 of the Supplementary Protocol to the Agreement
    EEC / Cyprus of 1973 , provides for the opening of an annual
    duty-free Community tariff quota of 500 tonnes of dried
    grapes , in immediate containers of a net capacity of 15 Kg
   or less , falling within subheading 08.04 , B I of the CCT and
   originating in Cyprus .
   The Community has however , already opened a Community tariff
   quota of 125 tonnes for the period 1 January to 31 March 1980
    for these products . Therefore the quota to be opened for the
    rest of the year 1980 must amount to 375 tonnes .
  The Regulation provides for the splitting up of the ,Mta volume
   uit, two parts, of which the first will be allocated among the
  Member States as quota share and the second will be kept as a
• Community reserve *       .  ,                                  .-
   In the absence of Community statistics , for a period sufficien­
   tly representative , the initial quota shares have been cal­
   culated on the basis of the possible demand on the markets of
   the various Member States and on the basis of forecasts made by
   some of them .                     ,   ; , .
  As the method of administration to be applied by all Member Sta­
  tes , the Commission proposes the "greyhound " system .
  This is the subject of the proposal annexed hereto .
 ---pagebreak---                                                       PROPOSAL FOR A
                                            COUNCIL REGULATION (EEC)
                    opening, allocating and providing for the administration of a Community tariff quota for .
                    certain dried grapes, falling within subheading 08.04 B I of the Common Customs Tariff
                                                  and originating in Cyprus ( 1980 )
       THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       initial shares, to take into account demand for these
                                                                      products on the markets of the various Member States;
      Having regard to the Treaty establishing the European           Whereas, in order tp take into account import trends
      Economic Community, and in particular Article 113               for the products concerned in the various Member
      thereof, *                                                      States, the quota amount should be divided -into two
                                                                      instalments, the first being shared among the Member
                                                                      States and the second constituting a reserve to cover at a
                                                                     later date the requirements of the Member States which
      Having regard to the proposal from the Commission,              have used up their initial quota shares; whereas, in
                                                                     order to giv$ importers in each Member State a certain
                                                                     degree of security, the first instalment of the
      Whereas Article 4 of the Supplementary Protocol to the          Community quota should under the circumstances be
      Agreement establishing an association between the              fixed at 75% of the quota volume;
      European Economic Community and the Republic of
      Cyprus ( ') provides for the opening of an. annual
      duty-free Community tariff quota of 500 tonnes of              Whereas the Member States' initial shares may be used
      certain dried grapes, falling within subheading 08.04 B I      up at different times; whereas, in ofder to take this fact
      of the Common Customs Tariff and originating in                into account and avoid any break in continuity, any
      Cyprus ; whereas th.e Community has by Regula­                 Member State which has almost used up its initial quota
      tion ( EEC ) No .                / 80 ( 2 ) already            share, should draw an additional share from the
     opened a tariff quota of 125 tonnes                             corresponding reserve; whereas this must be done by
                                                                     each Member State as and when each of its additional
 for the period 1 January to 31 March                                shares is almost used up, and repeated as many times as
 1980 ; whereas therefore a tariff                                   the reserve allows ; whereas the initial and additional
 quota of 375 tonnes should be opened                                shares must be valid until the end of the quota period;
 fot the period 1 April to 31 Decem­                                 whereas this method of administration requires close
 ber 1980 ;                                                          cooperation between the Member States and the
- Whereas it is in particular necessary to ensure for all            Commission, and the latter must be in a position to
   Community importers equal and uninterrupted access                monitor the extent to which the quota volume has been
   to the abovementioned quota and uninterrupted                     used up and to inform the Member States thereof;
   application of the rates laid down for that quota to all
    imports of the products concerned into all Member
   States until the quota has been used up; whereas, having
    regard to the above principles, the Community nature             Whereas if, at a given date in the quota period, a
    of the quota can be respected by allocating the                  substantial quantity remains unused in any Member
    Community tariff quota among the Member States;                  State, it is essential that that Member State should
    whereas, in order to reflect as accurately as possible the       return a significant proportion to the reserve to prevent
    true trend of the market in the products in question,            a part of any tariff quota from remaining unused in one
    such allocation should be in proportion to the                   Member State when it could be used in others;
    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;               Whereas, since the Kingdom of Belgium, the Kingdom
                                                                     of the Netherlands and the Grand Duchy of
                                                                     Luxembourg are united in and represented by the
    Whereas, however, neither Conimunity nor national                Benelux Economic Union, any operation relating to the
                                                                     administration of the quota shares allocated to that
    statistics showing the breakdown for the products in
                                                                     economic union may be carried out by any of its
    question are available and no reliable estimates of              members,
    future imports can be made; whereas, in these
    circumstances, the quota volumes should be allocated in
     (') OJ No L 172, 28. 6. 1978, p. 2.
        ( 2 ) 0J No . L
 ---pagebreak---                                                          - 2 -
HAS ADOPTED THIS REGULATION:                                           accordancewiththeconditionslaid down in paragraph 1,
                                                                       draw a third share equal to 7-5% of its initial share,
                                                                       rounded up where necessary to the next unit.
                             Article 1
From 1 Apr i.L until 31 December 1 9 8Q the Common                     3 . If, after its second share has been used up, 90% or
Customs Tariff duty for the following products,                        more of the third share drawn by a Member State has
                                                                       been used up, that Member State shall, in accordance
originating in Cyprus, shall be totally suspended within
the limits of a Community tariff quota of375 *onnes-                   with the conditions laid down in paragraph 1 , draw a
                                                                       fourth share equal to the third.
       c:crr
      hr.iding                        Description                      This process shall continue until the reserve is used up.
        No
                                                                                                              ' ./
     08.04            Grapes, fresh or dried:                          4. By way of derogation from paragraphs 1, 2 and 3 , a
                                                                       Member State may draw shares smaller than those fixed
                      B. Dried :·                                      in those paragraphs if there is reason to believe that
                         I. In immediate containers of a net           they might not be used up. It shall inform the
                            capacity of 15 kilograms or less           Commission of its reasons for applying this paragraph.
                             Article 2
                                                                                                Article 4
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments.                                The additional shares drawn pursuant to Article 3 shall
                                                                    * be valid until 31 December 19'80 .
2. A first instalment amounting to^SO tonnes shall be
allocated among the Member States; the respective ,
shares, which subject to Article 5 shall be valid until 31                                      Article 5
December 1979, shall be as follows:
                                                                      The Member States shall return to the reserve, not later
                                                       (tonnes)       than 1 October 1980, such unused portion of their
           Bcnelux                                        . 8         initial share as, on 15 September 1980, is in excess of
           Denmark                                          8 '       20% of the initial volume. They may return a larger
           Germany                                        16 .        quantity if there are grounds for believing that this
                                                            8         quantity may not be used.
           France
           Ireland                                   •      8
           Italy                                            2         The Member States shall notify the Commission, not
           United Kingdom                               230           later than 1 October lS80,of the total quantities of the
                                                                      products in question imported up to 15 September 1980
                                                                      and charged against the tariff quota and of any quantity
3 . The second instalment of 9 5 tonnes shall constitute              of the initial shares returned to . the reserve.
the reserve, to which any remainders '
existing on 31 March 1980 of the                                  ;
quotas given to the Member States                                                               Article 6
by Regulation ( EEC ) No .                         / 80 ( 1 )
and of the reserve constituted un­                                    The Commission shall keep an account of the shares
der the same Regulation , shall be                                    opened by the Member States pursuant to Articles 2 and
                                                                      3 and, as soon as it is notified, shall inform each State
added .
                                                                      of the extent to which the reserve has been used up.
                             Article 3             "'
                                                                      It shall inform the Member States, not later than
                                                                      5 October 19^0 , Qf the amount in the reserve after
1 . If 90% or more of a Member State's initial share as
                                                                      quantities have been returned thereto pursuant to
specified in Article 2 (2), or 90% of that share minus                Article 5 .
the portion returned to the reserve where Article 5 has
been applied, has been used up, then, to the extent
permitted by the amount of the reserve, that Member                   It shall ensure that the drawing which exhausts the
State shall forthwith, by notifying the Commission,                   reserve does not exceed the balance available and, to
draw a second share equal to 15% of its initial share,                this end, notify the amount of that balance to the
rounded up where necessary to the next unit.                    t     Member State making the last drawing.
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
 ( 1 ) O.J.        ( EEC ) No . L
 ---pagebreak---                                                            - 3 -
                        Article 7                                                       Article 8
1 . The Member States shall take all measures necessary         At the Commission's request, the Member States shall
to ensure that additional shares drawn pursuant to              inform it of imports of the products concerned actually
Article 3 are opened in such a way that imports may be          charged against their shares.
charged without interruption against their accumulated
shares of the tariff quota.
2. The Member States shall ensure that importers of                                     Article 9
the products in question established in their territory
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
products are entered with customs authorities for free
  circulation .
                                                                                        Article 10
4. The extent to which a Member State has used up its
shares shall be determined on the basis of the imports          This Regulation shall enter into force on 1 April
charged in accordance with paragraph 3 .                         1980 .
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels,                1980
                                                                                        For the Council
                                                                                         The President
 ---pagebreak---                                         .a
  FICHE FINANCIERE                                                Dat « I
  1 . Ligne budgétaire concernée : Chap . 12 art . 120
                                                            ,S            '
  2 . Basp juridique        Art . 113    •
. 3 . • Intitulé de. la mesure tarifaire Ï ;                  -
         Proposition dç Règlement ( CEE ) du Conseil portant ouverture , répartition
         et mode de gestion d' un contingent tarifaire communautaire de raisins secs ,
         de La sous-position 08.04 B I du tarif douanier commun , originaires de
         Chypre ( 1980 )                ' '
 4 . Objectif :
         Exécution d' une obligation contractuelle ( accord CEE / Chypre )
5 . Mode <ie calcul :            i
       - N° du T.D.C.                        08.04 B I .
      - Volume du/des contingent ( s )       375 tonnes
      - Droits à appliquer                     0 % ■ <■
      - Droits du T.D.C.                     3$ y.
6 . Perte de recettes :
        - 12.000 UCE                                    . •
        - La même mesure était appliquée en 19-79 , donc pas de perte de
           recettes à inscrire pour 1980 .                      '