CELEX: 51983PC0420
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 dried figs falling within subheading 08.03 B of the Common Customs Tariff and originating in Spain (1984)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B of the Common Customs Tariff and originating in Spain (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 420
Vol. 1983/0157
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                            COM(83) 420 f i n a l
                                                            Brussels,          4 July 1983
                                                Proposal for a
                                          COUNCIL REGULATION (EEC)
           opening,    allocating          and providing for the a d m i n i s t r a t i o n of a
          Community t a r i f f        quota for d r i e d f i g s f a l l i n g within       subheading
                 08.03 B of the Common Customs T a r i f f                   and o r i g i n a t i n g
                                               in Spain (1984)
                                                Proposal for a
                                          COUNCIL REGULATION (EEC)
          opening,     a l l o c a t i n g and   providing for the a d m i n i s t r a t i o n of a
         Community t a r i f f quota for d r i e d grapes f a l l i n g within                  subheading
     ex 08.04 B of the Common Customs T a r i f f                and o r i g i n a t i n g in Spain (1984)
                       (submitted to the Council by the Commission )
 COM(83) 420 f i n a l
 ---pagebreak---                             EXPLANATORY        MEMORANDUM
1.      The Agreement between the European Community and Spain provides for
        the opening of     Community tariff     quotas  for the importation into  the
        Community of the following products, originating in Spain, at the quota
        duties specified below :
C C T Heading No           Product                 Annual Volume   Quota Duty
ex 08.03 B                 Certain dried figs        200 t         30 % of the C C T
                                                                   duty
   08.04 B I               Certain dried grapes    1 700 t         Exempt
2.      From 1 July 1977 the quota volume for dried grapes has been increased
        1 900 tonnes.
3.      The Regulations provide, in the usual way, for the splitting up of the tariff
        volumes into two parts, the first of which will be allocated among the
        Member States as quota shares and the second will be kept as a reserve.
4.      The allocation    of  the  first parts of the quotas    has been undertaken
        according to the rules generally applied.
5.      The proposed Regulation provide for a single method of administration to
        be applied by all Member States namely the "as and when" method.
A N N E X E S : 2 proposals for regulations of the Council
 ---pagebreak---                                                                                                             ANNEX A
                                                        Proposal         for a
                                           C O U N C I L R E G U L A T I O N (EEC)
                   opening, allocating and providing for the administration of a Community tariff quota for dried
                   figs falling within subheading ex 08.03 B of the Common Customs Tariff and originating in
                                                                Spain ( 1984)
    T H E COUNCIL. O F T H E E U R O P E A N COMMUNITIES,                    imports into the Community from Spain of the products
                                                                             concerned:
                                                                                     Member States                    1980       1981   1982
    Having regard to the Treaty establishing the European
    Economic Community, and in particular Article 113                        Benelux                                   —          —        9
    thereof,
                                                                             Denmark'                                  —          —
                                                                                                                                            -
                                                                            Germany                                   100         97      91
    Having regard to the proposal from the Commission,                      Greece                                     -          —
                                                                                                                                           -
                                                                            France                                     —            .3
                                                                                                                                           -
    Whereas an Agreement between the European Economic
                                                                            Ireland                                    —          -        -
   Community and Spain was concluded on 29 June
                                                                            Italy                                      —          —        -
    1970 (')                                                                United Kingdom                            —           —
                                                                                                                                           -
                                                                            Whereas, in view of these factors and of the estimates
                                                                            submitted by certain Member States as well as the
                                                                            practical need to ensure that the obligations contracted
                                                                            under the Agreement concerned are allocated fairly
                                                                            among the Member States, initial quota shares may be
   Whereas the Community committed itself, under this
   Agreement, to opening an annual Community tariff                         fixed approximately at hp following percentages:
   quota of 200 tonnes of dried figs falling within sub­                            Benelux                                 6-7
   heading ex 08.03 B of the Common Customs Tariff,                                 Denmark                                 6-7
   originating in Spain and imported in immediate packings
                                                                                   Germany                                 46-7
   of a net capacity of 15 kilograms or less; whereas this
   Community tariff quota should be opened for 198 4 .                             Greece                                   0-7
                                                                                   France                                  20-0
                                                                                   Ireland                                  3-3
  Whereas it is in particular necessary to ensure for all                          Italy                                    3-3
  Community importers equal and uninterrupted access to                            United Kingdom                          12-6
  the abovcmentioiicd quota and uninterrupted application
  of the rates laid down for that quota to all imports of the
                                                                           Whereas, in order to take into account import trends for
  products concerned into all Member States until the
  quota has been used up; whereas, having regard to the                    the products concerned in the various Member Stares, the
 above principles, the Community nature of the quota can                   quota amount should be divided into two instalments, the
 be respected by allocating the Community tariff quota                     first being shared among the Member States and the
 among the Member States; whereas, in order to reflect as                  second constituting a reserve to cover at a later date the
 accurately as possible the true trend of the market in the                requirements of the Member States which have used up
 products in question, such allocation should be in                        their initial quota shares; whereas, in order to give
 proportion to the requirements o l the Member States,                     importers in each Member State a certain degree of
 calculated by reference to the statistics for imports from                security, the first instalment of the Community quota
 Spain over a representative reference period and also to                  should under the circumstances be fixed at 75 % of the
 the economic outlook for the quota period in question;                    quota volume;
                                                                           Whereas the Member States' initial shares may be used up
Whereas, during the last three years for which statistics                  at different times; whereas, in order to take this fact into
are available, the corresponding imports by each of the                    account and avoid any break in continuity, any Member
Member States represent the following percentages of the                  State which has almost used up its initial quota share
                                                                          should draw an additional share from the reserve;
(') OJ N o 1. 182.   16. 8. 1970, p. 2.                                   whereas this must be done by each Member State as and
                                                                          when each of its additional shares is almost used up, and
 ---pagebreak---                                                              -2-                                          ANNEX A
repealed as n;.my turn s as the reserve allows; whereas the     2.      The second instalment of 50 tonnes shall constitute
initial and additional shares must be valid until the end of    the reserve.
the quota period; whereas this method of administration
requires close cooperation between the Member States
and the Commission, and the latter must be in a position
to monitor the extent f> which the quota volume has been                                       Article 3
used up and to inform the Member States thereof;
                                                                 1.      If 90 % or more of a Member State's initial share as
                                                                 specified in Article 2 (1), or 90 % of that share minus the
Whereas if, at a given date in the quota period, a               portion returned to the reserve where Article 5 has been
substantial quantity remains unused in any Member                applied, has been used up, then, to the extent permitted
State, it is essential that that Member State should return      by the amount of the reserve, that Member State shall
a significant proportion to the reserve to prevent a part of     forthwith, by notifying the Commission, draw a second
any tariff quota from remaining unused in one Member             share equal to 15 % of its initial share, rounded up where
 State when it could be used in others;                          necessary to the next unit.
Whereas, since the Kingdom of Belgium, the Kingdom of            2.      If, after its initial share has been used up, 90 % or
the Netherlands and the Grand Duchy of Luxembourg                more of the second share drawn by a Member State has
 are united within and jointly represented by the Benelux        been used up, then that Member State shall, in accord-
 Economic Union, anv operation relating to the                   ance with the conditions laid down in paragraph 1,
 administration of the quota shares allocated to that            draw a third share equal to 7-5 % of its initial share,
 economic union may be carried out by any of its                 rounded up where necessary to the next unit.
 members.
                                                                  3.      If, after its second share has been used up, 90 % or
                                                                  more of the third share drawn by a Member State has been
 HAS A D O P T E D THIS R E G U L A T I O N :
                                                                  used up, that Member State shall, in accordance with the
                                                                  conditions laid down in paragraph 1, draw a fourth share
                             Article 1                            equal to the third.
 From 1 January to 31 December 1984, the Common                   This process shall continue until the reserve is used up.
 Customs Tariff duty in respect of dried figs falling within
 subheading ex 08.03 B, originating in Spain and imported
 in immediate packings of a net capacity not exceeding            4.      By way of derogation from paragraphs 1, 2 and 3, a
  15 kilograms shall be partially suspended at 3 % within         Member State may draw shares smaller than those fixed
 the limits of a Community tariff quota of 200 tonnes.            in those paragraphs if there is reason to believe that they
                                                                  might not be used up. It shall inform the Commission of
                                                                  its reasons for applying this paragraph.
  Within the limits of this tariff quota, Greece shall apply
  customs duties calculated in accordance with the relevant
  provisions in the 1979 Act of Accession and in the
  Regulation (EEC) No 3559/80                    (1).                                           Article 4
                                                                  The additional shares drawn pursuant to Article 3 shall be
                                                                  valid until 31 December 1984 .
                              Article 2
  I.     A first instalment, amounting to 150 tonnes of the
  Community tariff quota, referred to in Article 1, shall be
                                                                                                Article S
  shared among the Member States, the respective shares
  which, subject to Article 5, shall be valid until 31
                                                                   The Member States shall return to the reserve, not later
  December 198 4, shall be as follows:
                                                                   than 1 October 1984, such unused portion of their initial
                                                 (tonnes)          shares as, on 15 September 1984, is in excess of 20 % of
          Benelux                                    10            the initial volume. They may return a larger quantity if
                                                                    there are grounds for believing that this quantity may not
          Denmark                                    10
                                                                    be used.
          Germany                                    70
          C ï recce                                   1
                                                                    The Member States shall notify the Commission, not later
          France                                     30
                                                                    than 1 October 1984, of total quantities of the products in
          Ireland                                     5             question imported up to 15 September 1984 and charged
          Italy                                       5             against the tariff quota and of any quantity of the initial
          United Kingdom                             19              shares returned to the reserve.
   (1)    0J Ho L 382, 31.12.1980, p. 71.
 ---pagebreak---                                                          -3-                                  ANNEX A
                         Article 6                           3.     The Member States shall charge the imports of the
                                                             products concerned against their shares as and when the
The Commission shall keep an account of the shares           products are entered with customs authorities for free
opened by the Member States pursuant to Articles 2 and 3     circulation.
and, as soon as it is notified, shall inform each Member
State of the extent to which the reserve has been used       4.     The extent to which a Member State has used up its
up.                                                          share shall be determined on the basis of the imports
                                                             charged in accordance with paragraph 3.
It shall inform the M e m !      States, not later than 5
October 1984, of the amount in the reserve after quan­
tities have been returned thereto pursuant to Article 5.
                                                                                      Article 8
It shall ensure that the drawing which exhausts any
 reserve docs not exceed the balance available and, to this  At the Commission's request, the Member States shall
 end, notify the amount of that balance to the Member         inform it of imports actually charged against their
 State making the last drawing.                               shares.
                          Article 7
                                                                                      Article 9
 1.     The Member States shall take all measures neces­
                                                              The Member States and the Commission shall cooperate
 sary to ensure that additional shares drawn pursuant to
                                                              closely to ensure that this Regulation is complied with.
 Article 3 are opened in such a way that imports may be
 charged without interruption against their accumulated
 shares of the Community tariff quota.
                                                                                      Article 10
  2.    The Member States shall ensure that importers of
  the products in question,                                    This Regulation shall enter into force on 1 January
  have free access to the shares allocated to them.            1984.
               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
                                          C O U N C I L R E G U L A T I O N (EEC)
                   opening, allocating and providing for the administration of a Community tariff quota for dried
                   grapes falling within subheading 08.04 B I of the C o m m o n Customs Tariff and originating in
                                                               Spain (1984)
    T H E COUNCIL OF T H E EUROPEAN COMMUNITIES,
                                                                                     Member States                  1980       1981   1982
                                                                            Benelux                                    5          2      3
    Having regard to the Treaty establishing the European
    Economic Community, and in particular Article 113
                                                                            Denmark                                    1          5      -
    thereof,                                                                Germany                                    1        —        3
                                                                            Greece                                   —          —
    Having regard to the proposal from the Commission,                      France                                   86         85      85
                                                                            Ireland                                    2          1      2
    Whereas an Agreement between the European Economic
                                                                            Italy                                      2        —        6
    Community and Spain (') was concluded on 29 June                        United Kingdom                            .3         7       1
    1970j
                                                                           Whereas, in view of these factors and of the estimates
                                                                           submitted by certain Member States, initial quota shares
                                                                           may be fixed approximately at the following percent­
                                                                           ages:
   Whereas the Community committed itself, under this
                                                                                   Benelux                                 9-9
   Agreement, to opening an annual Community tariff
                                                                                   Denmark                                 1-0
   quota of 1 900 tonnes of dried grapes falling within
   subheading 08.04 B I of the Common Customs Tariff,                              Germany                                 3-6
   originating in Spain and imported in immediate packings                         Greece                                  0-1
   of a net capacity of 15 kilograms or less; whereas this                         France                                42-1
  Community tariff quota should be opened for 1984 .
                                                                                   Ireland                                 0-6
                                                                                   Italy                                   8-0
  Whereas it is in particular necessary to ensure for all                          United Kingdom                        34-7
  Community importers equal and uninterrupted access to
  the abovementioned quota and uninterrupted application
  of the rates laid down for thai quota to all imports of the             Whereas, in order to take into account import trends for
  products concerned into all Member States until the                     the products concerned in the various Member States, the
  quota has been used up; whereas, having regard to the                   quota amount should be divided into two instalments, the
  above principles, the Community nature of the quota can                 first being shared among the Member States and the
  be respected by allocating the Community tariff quota                  second constituting a reserve to cover at a later date the
  among the Member Stales; whereas, in order to reflect as               requirements of the Member States which have used up
  accurately as possible the true trend of the market in the             their initial quota shares; whereas, in order to give
  products in question, such allocation should be in                     importers in each Member State a certain degree of
 proportion to the requirements of the Member States,                    security, the first instalment of the Community quota
 calculated by reference to the statistics for imports from              might under the circumstances be fixed at 80 % of the
 Spain over a representative reference period and also to                quota volume;
 the economic outlook for the quota period in question;
                                                                         Whereas the Member States' initial shares may be used up
 Whereas, during the last three years for which statistics               at different times; whereas, in order to take this fact into
 are available, the corresponding imports by each of the                 account and avoid any break in continuity, any Member
Member States represent the following percentages of the                 State which has almost used up its initial quota share
imports into the Community from Spain of the products
                                                                         should draw an additional share from the reserve;
concerned:
                                                                         whereas this must be done by each Member State as and
                                                                        when each of its additional shares is almost used up, and
(') Of No I, 18', If,. 8. 1470, p. 2.                                   repeated as many times as the reserve allows; whereas the
                                                                        initial and additonal shares must be valid until the end of
 ---pagebreak---                                                           -2-                                    ANNEX B
 the quota period; whereas this method of administration                                   Article 3
 requires close cooperation between the Member States
 and the Commission, and the latter must be in a position     1.     If 90 % or more of a Member Slate's initial sh.ire as
to monitor the extent to which the quota volume has been      specified in Article 2 (1), or 90 % of that share minus the
 used up and to inform the Member States thereof;             portion returned to the reserve where Article 5 has been
                                                              applied, has been used up, then, to the extent permitted
Whereas if, at a give Hate in the quota period, a             by the amount of the reserve, that Member State shall
substantial quantity r        ains unused in any Member       forthwith, by notifying the Commission, draw a second
State, it is essential that that Member State should return   share equal to 15 % of its initial share, rounded up where
a significant proportion to the reserve to prevent a part of  necessary to the next unit.
any tariff quota 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 % or
                                                              more of the second share drawn by a Member State has
Whereas, since the Kingdom of Belgium, the Kingdom of         been used up, then that Member State shall, in accord­
the Netherlands and the Grand Duchy of Luxembourg             ance with the conditions laid down in paragraph 1,
are united within and jointly represented by the Benelux      draw a third share equal to 7-5 % of its initial share,
Economic Union, any operation relating to the                 rounded up where necessary to the next unit.
administration of the quota shares allocated to that
economic union may be carried out by any of its               3.     If, after its second share has been used up, 90 % or
members,                                                      more of the third share drawn by a Member State has been
                                                              used up, that Member State shall, in accordance with the
                                                              conditions laid down in paragraph 1, draw a fourth share
HAS ADOPTED THIS REGULATION:                                  equal to the third.
                            Article 1                         This process shall continue until the reserve is used up.
From 1 January to 31 December 1984, the Common                4.      By way of derogation from paragraphs 1, 2 and 3, a
Customs Tariff duty in respect of dried grapes falling        Member State may draw share, smaller than those fixed
within subheading 08.04 B I, originating in Spain and          in those paragraphs if there is reason to believe thai they
imported in immediate containers of a net capacity not        might not be used up. It shall inform the Commission of
exceeding 15 kilograms shall be entirely suspended            its reasons for applyir- this paragraph.
within the limits of a Community tariff quota of
1 900 tonnes.
Within the limits of this tariff quota, Greece shall apply                                 Article 4
customs duties calculated in accordance with the relevant
provisions in the 1979 Act of Accession and in the            The additional shares drawn pursuant to Article 3 shall be
Regulation (EEC) No 3559.80 ( 1 ) .                           valid until 31 December 198 4 .
                            Article 2
                                                                                            Article 5
1.     A first instalment amounting to 1 520 tonnes of the
                                                              The Member States shall return to the reserve, not later
Community tariff quota referred to in Article 1 shall be
                                                              than 1 October 1984, such unused portion of their initial
shared among the Member States; the respective shares
                                                              share as, on 15 September 198 4, is in excess of 20% of the
which, subject to Article 5, shall be valid until 31 Decem­
                                                              initial volume. They may return a larger quantity if there
ber 1 98 4shall be as follows:
                                                              are grounds for believing that this quantity may not be
                                                ( tonnes)     used.
        Benelux                                    150
                                                               The Member States shall notify the Commission, not later
       Denmark                                      15
                                                               than 1 October 1984, of the total quantities of the
       Germany                                      55
                                                               products in question imported up to 15 September 1984
       Greece                                        1         and charged against the tariff quota and of any quantity
       France                                      640        of the initial shares returned to the reserve.
       Ireland                                      10
       Italy                                       120
       United Kingdom                              529
                                                                                            Article 6
2.    The second instalment of 380 tonnes shall consti-       The Commission shall keep an account of the shares
tute the reserve.                                             opened by the Member States pursuant to Articles 2 and 3
(1) 0J r-io L 382, 31 .12.1980, p. 71
 ---pagebreak---                                                                -3-                                    ANNEX B
   and, as soon as it is noiified, shall inform each Member       products are entered with customs authorities for free
  State of the extent to which the reserve has been used          circulation.
   up.
                                                                 4.     The extent to which a Member State has used up its
  It shall inform the Member States, not later than 5
                                                                 shares shall be determined on the basis of the imports
  October 1984, of the amount in the reserve after quan­
                                                                 charged in accordance with paragraph 3.
  tities have been returned thereto pursuant to Article 5.
  It shall ensure that the drawing which exhausts the reserve
 does not exceed the balance available and, to this end,
                                                                                          Article 8
  notify the amount of that balance to the Member State
 making the last drawing.
                                                                 At the Commission's request, the Member States shall
                                                                 inform it of imports actually charged against their
                                                                 shares.
                            Article 7
 1.      The Member States shall take all measures neces­
 sary to ensure that additional shares drawn pursuant to                                 Article 9
Article 3 are opened in such a way that imports may be
charged without interrupt i m against their accumulated         The Member States and the Commission shall cooperate
shares of the Community tariff quota.                           closely to ensure that this Regulation is complied with.
2.       The Member States shall ensure that importers of
the products in question,
have free access to the shares allocated to them.                                       Article 10
3.      The Member States shall charge the imports of the      This Regulation shall enter into force on 1 January
products concerned against their shares as and when the        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