CELEX: 51982PC0532
Language: en
Date: 1982-09-21
Title: Proposal for a COUNCIL REGULATION (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 Common Customs Tariff and originating in Spain (1983)#Proposal for a COUNCIL REGULATION (EEC) opening allocating and providing for the administration of a Community tariff quota for dried figs falling within subheading ex 08.03 of the Common Customs Tariff and originating in Spain (1983)(submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 532
Vol. 1982/0174
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(82)532 final
                                                                  Brussels , 21 September 1982
                                                     Proposal for a
                                                  COUNCIL REGULATION ( EEC )
             opening , allocating and providing for the administration of a
             Community tariff quota for dried grapes falling within sub­
             heading 08.04 B I of the Common Customs Tariff and originating
                                                      in Spain ( 1983 )
                                                     Proposal for a
                                                  COUNCIL REGULATION ( EEC )
             opening allocating and providing for the administration of a
                      - N v' -        --- • -L *■
             Community tariff quota, for dried figs falling within subheading
             ex 08.03 1 ofnthe^ Common Customs Tariff and originating in Spain
              h!   ^
                    -
                                 _ r
                               s. • •
                                                      ^( 1983)
                                                    h- i
                          ( submitted to the Council by the Commission )
 COM ( 82 ) 532 final
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
 1 . The Agreement between the European Community an ^ Spfe i , completed by
      the Protocol to this Agreement consequent on the accession of Greece ,
      provides for the opening of Community tariff quotas for the importa­
      tion into the Community of the following products , originating in
      Spain , at the quota duties specified below :
 CCT Heading N°       Product             Annual Volume             Quota Duty
ex 08.03 B         Certain dried figs            200 t-        30 % of the CCT duty
     08.04 B I     Certain dned grapes        1 700 t          Exempt
2 . From 1 July 1977 the quota volume for dried grapes has been increased
     1900 tonnes .
3 . The Regulations provide , in the usu^l 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 hitherto .
5 . The proposed Regulation provide for       single method of administration
     to be applied by all Member States     namely the " as and when " method .
Annexes : 2 proposals for regulations 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
                dried figs falling within subheading ex 08.03 B of the Common Customs Tariff and
                                                 originating in Spain ( 198 3 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         reference to the statistics for imports from Spain over a
                                                                  representative reference period and also to the economic
                                                                  outlook for the quota period in question;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 1 13               Whereas, during the last three years for which statistics
 thereof,                                                         are available, the corresponding imports by each of the
                                                                   Member States represent the following percentages of
                                                                   the imports into the Community from Spain of the
 Having regard to the proposal from the Commission,               products concerned:
                                                                           Member States           1979     1980       1981
 Whereas an Agreement between the European
  Economic Community and Spain was concluded on                    Benelux                          8-0      –            -
 29 June 1970 ( ') and supplemented, by the Pro­                   Denmark                          –        –
                                                                                                                          –
tocol to the Agreement between the Eu­                                                                                  97
                                                                  Germany                         86-0      100
ropean Economic Community and Spain con­
sequent i/n the accession of the Hellenic                                                                               I -
                                                                  Greece
Republic to the Community ( 2 ), hereafter                                                          –        –
referred to as the Protocol ;                                      France                           6-0      –            3
                                                                  Ireland                           –        –
                                                                                                                          -
                                                                   Italy                            –        –
 Whereas the Community committed itself, under this
 Agreement, to opening an annual Community tariff                 United Kingdom                    –
 quota of 200 tonnes of dried figs falling within
 subheading ex 08.03 B of the Common Customs Tariff,
 originating in Spain and imported in immediate
 packings of a net capacity of 15 kilograms or less;              Whereas, in view of these factors and of the estimates
 whereas this Community tariff quota should be opened             submitted by certain Member States as well as the
 for 198'3 ;                                                      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 it is in particular necessary to ensure for all          fixed approximately at the following percentages :
 Community importers equal and uninterrupted access
                                                                          Benelux                                  6-7
 to the abovementioned quota and uninterrupted
 application of the rates laid down for that quota to all                 Denmark                                  6-7
 imports of the products concerned into all Member                        Germany                                46-7
 States until the quota has been used up; whereas, having                 Greece                                   0-7
 regard to the above principles, the Community nature                     France                                 200
 of the quota can be respected by allocating the
                                                                          Ireland                                  3-3
 Community tariff quota among the Member States ;
 whereas, in order to reflect as accurately as possible the               Italy                                    3-3
 true trend of the market in the products in question,                    United Kingdom                         12-6
 such allocation should be in proportion to the
 requirements of the Member States, calculated by
                                                                  Whereas, in order to rake into account import trends
                                                                  for the products concerned in the various Member
 ( ') OJ No L 182 , 16 . 8 . 1970, p. 2 .                         Slates, the quota amounr should be divided into two
 (2) OJ No L 326, 13 . 11 . 1981 , n. 2 .                         instalments, the first being shared among the Member
                                                                  States and the second constituting a reserve to cover at a
 ---pagebreak---                                                             - 2 -                                   ANNEX A
later date the requirements of the Member States which                                      Article 2
have used up their initial quota shares; whereas, in order
to give importers in each Member State a certain degree           1 . A first instalment, amounting to 150 tonnes of the
of security, the first instalment of the Community quota          Community tariff quot.~> -ferred to in Article 1 , shall be
should under the circumstances be fixed at 75 % of the            shared among the Mein          States, the respective shares
 quota volume;                                                    which, subject to Articl *>, shall be valid until 31
                                                                  December 1983 shall be a :.-, follows :
Whereas the Member States' initial shares may be used
up at different times ; whereas, in order to take this fact                                                      (tonnes)
into account and avoid any break in continuity, any                       Bénélux                                   10
Member State which has almost used up its initial quota
share should draw an additional share from the                            Denmark                                   10
reserve; whereas this must be done by each Member                         Germany                                   70
State as and when each of its additional shares is almost                 Greece                                      1
used up, and repeated as many times as the reserve                        France                                    30
allows ; whereas the initial and additional shares must                   Ireland                                    5
be valid until the end of the quota period; whereas this
method of administration requires close cooperation                       Italy                                      5
between the Member States and the Commission, and                         United Kingdom                            19
the latter must be in a position to monitor the extent to
which the quota volume has been used up and to inform
the Member States thereof;                                        2. The second instalment of 50 tonnes shall constitute
                                                                  the reserve.
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member
State, it is essential that that Member State should
return a significant proportion to the reserve to                                           Article J
prevent a part of any tariff quota from remaining
unused in one Member State when it could be used in                1.  If 90 % or more of a Member State's initial share as
others;                                                           specified in Article 2 ( I ), or 90 % of that share minus
                                                                  the portion returned to the reserve where Article 5 has
                                                                  been applied, has been used up, then, to the extent
Whereas, since the Kingdom of Belgium, the Kingdom                permitted by the amount of the reserve, that Member
of the Netherlands and the Grand Duchy of                         State shall forthwith, by notifying the Commission,
Luxembourg are united in and represented by the                   draw a second share equal to 15 % of its initial share,
Benelux 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
members,                                                          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 that Member State shall,
                                                                  in accordance with the conditions laid down in
HAS ADOPTED THIS REGULATION :
                                                                  paragraph 1 , draw a third share equal to 7-5 % of its
                                                                  initial share, rounded up where necessary to the next
                                                                  unit.
                          Article 1                               3 . If, after its second share has been used up, 90 % or
                                                                  more of the third share drawn by a Member State has
From 1 January to 31 December 1983 the Common                     been used up, that Member State shall, in accordance
Customs Tariff duty in respect of dried figs falling              with the conditions laid down in paragraph 1 , draw a
within subheading ex 08.03 B, originating in Spain and            fourth share equal to the third.
imported in immediate packings of a net capacity not
exceeding 15 kilograms shall be partially suspended at
3 % within the limits of a Community tariff quota of              This process shall continue until the reserve is used up.
200 tonnes.
                                                                  4 . By way of derogation from paragraphs 1 , 2 and 3 , a
 Within the limits of this tariff quota, Greece shall apply       Member State may draw shares smaller than those fixed
 customs duties calculated in accordance with the                 in those paragraphs if there is reason to believe that
 relevant provisions in the 1979 Act of Accession and in          they might not be used up. It shall inform the
 the              Protocol .                                      Commission of its reasons for applying this paragraph.
 ---pagebreak---                                                           - 3 -                                 ANNEX A
                         Article 4                                                        Article 7
The additional shares drawn pursuant to Article 3 shall           1 . The Member States shall take all measures necessary
be valid until 31 December 1983 .                                to ensure that additional shares drawn pursuant to
                                                                 Article 3 are opened in such a way that imports may be
                                                                 charged without interruption against their accumulated
                         Article S                               shares of the tariff quota.
The Member States shall return to the reserve, not later         2. The Member States shall ensure that importers of
than 1 October 1983 , such unused portion of their               the products in question
initial shares as. on 15 September 1983 ,is in excess of         have free access to the shares allocated to them.
20 % of the initial volume. They may return a larger
quantity if there are grounds for believing that this            3 . The Member States shall charge the imports of the
quantity may not be used .                                       products concerned against their shares as and when the
                                                                 products are entered with customs authorities for free
The Member States shall notify the Commission, not               circulation .
later than 1 October 1983 , of total quantities of the
products in question imported up to 15 September 1983            4 . The extent to which a Member State has used up its
and charged against the tariff quota and of any quantity         share shall be determined on the basis of the imports
of the initial shares returned to the reserves .                 charged in accordance with paragraph 3 .
                         Article 6                                                       Article 8
The Commission shall keep an account of the shares               At the Commission's request, the Member States shall
opened by the Member States pursuant to Articles 2               inform it of imports actually charged against their
and 3 and, as soon as it is notified , shall inform each         shares.
Member State of the extent to which the reserve has
been used up.
                                                                                         Article 9
It shall inform the Member States , not later than
5 October 198 3,,of the amount in the reserve after              The Member States and the Commission shall cooperate
quantities have been returned thereto pursuant to                closely to ensure that this Regulation is complied with.
Article 5 .
It shall ensure that the drawing which exhausts any                                      Article 10
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the               This Regulation shall enter into force on 1 January
Member State making the last drawing.                            1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels,             1 982
                                                                                       For the Council
                                                                                        The President
 ---pagebreak---                                                                                                      ANNEX B
                                                            roposal for a
                                          COUNCIL REGULATION (EEC) *
                 opening, allocating and providing for the administration of a Commit •/ tariff quota for
                  dried grapes falling within subheading 08.04 B I of the Common C                -ms Tariff and
                                                 originating in Spain ( 198 3 )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        reference to the statistics for imports from Spain over a
                                                                    representative reference period and also to the economic
                                                                    outlook for the quo'ta period in Question ;
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article 113
   thereof.                                                         Whereas, during the last three years for which statistics
                                                                    are available, the corresponding imports by each of the
                                                                   Member States represent the following percentages of
   Having regard to the proposal from the Commission ,             the imports into the Community from Spain of the
                                                                   products concerned:
   Whereas an Agreement between the European                                 Member States          1979       1980      1981
   Economic Community and Spain ( ') was concluded on
   29 June 1970 and supplemented, by the Proto­                    Benelux                             3         5         2
    col to the Agreement between the Eu­                           Denmark                             1         1         5
    ropean Economic Community arid Spain con~
    sequent      : onthe accession of the Helle­                   Germany                            2          1         _
nic Republic to the Community ( 2 ), here­                         Greece                            –       ■  –
                                                                                                                           -
after referred to as the Protocol ;                                France                            58        86         85
                                                                   Ireland                           21         2
                                                                                                                           1
   Whereas the Community committed itself, under this             Italy                               9         2          -
   Agreement, to opening an annual Community tariff                United Kingdom                     6         3          7
   quota of 1 900 tonnes of dried grapes falling within
  subheading 08.04 B I of the Common Customs Tariff,
  originating in Spain and imported in immediate
  packings of a net capacity of 15 kilograms or less;             Whereas, in view of these factors and of the estimates
  whereas this Community tariff quota should be opened
  for 198 3 ;                                                     submitted by certain Member States, initial quota shares
                                                                  may be fixed approximately at the following
                                                                 percentages :
  Whereas it is in particular necessary to ensure for all                  Bénélux                                   9-9
  Community importers equal and uninterrupted access
                                                                           Denmark                                   10
  to the abovementioned quota and uninterrupted
  application of the rates laid down for that quota to all                 Germany                                   3-6
  imports of the products concerned into all Member                        Greece                                    01
 States until the quota has been used up; whereas, having                  France                                   42-1
  regard to the above principles, the Community nature                     Ireland                                   0-6
 of the quota can be respected by allocating the
 Community tariff quota among the Member States ;                          Italy                                     80
 whereas, in order to reflect as accurately as possible the               United Kingdom                            34-7
 true trend of the market in the products in question,
 such allocation should be in proportion to the
 requirements of the Member States, calculated by                Whereas, in order to take into account import trends
                                                                 for the products concerned in the various Member
                                                                 States, the quota amount should be divided into two
( 1) OJNoL 182 , 16.8 . 1970, p. 2.                              instalments, the first being shared among the Member
( 2) OJ No L 326, 13 . 11 . 1981 , p. 2 .                        States and the second constituting a reserve to cover at a
                                                                 later date the requirements of the Member States which
 ---pagebreak---                                                             - 2 -                                     ANNEX B
 have used up their initial quota shares ; whereas, in                                      Article 2
 order to give importers in each Member State a certain
 degree of security, the first instalment of the                 1 . A first instalment amounting to 1 520 tonnes of the ,
 Community quota might under the circumstances be                Community tariff quota referred to in Article 1 shall be
 fixed at 80 % of the quota volume;                              shared among the Member States ; the respective shares
                                                                 which , subject to Article 5 , shall be valid until
                                                                 3 1 December 1 98 3 shall be as follows :
Whereas the Member States' initial shares may be used
up at different times; whereas, in order to take this fact                                                     (tonnes)
into account and avoid any break in continuity, any
Member State which has almost used up its initial quota                   Bénélux                                  150
share should     draw an      additional  share  from   the               Denmark                                   15
reserve; whereas this must be done by each Member                         Germany                                   55
State as and when each of its additional shares is almost
                                                                          Greece                                      1
used up, and repeated as many times as the reserve
allows ; whereas the initial and additional shares must                   France                                   640
be valid until the end of the quota period ; whereas this                 Ireland                                   10
method of administration requires close cooperation                       Italy                                    120
between the Member States and the Commission , and
                                                                          United Kingdom                           529
the latter must be in a position to monitor the extent to
which the quota volume has been used up and to inform
the Member States thereof;
                                                                2 . The       second   instalment    of 380     tonnes  shall
                                                                constitute the reserve.
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member
State, it is essential that that Member State should
return a significant proportion to the reserve to prevent                                  Article 3                     .
a part of any tariff quota from remaining unused 111 one
Member State when it could be used in others ;                   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 portion returned to the reserve where Article 5 has
Whereas, since the Kingdom of Belgium , the Kingdom           1 been applied, has been used up, then, to the extent
of the Netherlands and the Grand Duchy of                       permitted by the amount of the reserve, that Member
Luxembourg are united in and represented by the                 State shall forthwith, by notifying the Commission,
Benelux Economic Union, any operation relating to the           draw a second share equal to 15 % of its initial share,
administration of the quota shares allocated to that            rounded up where necessary to the next unit.
economic union may be carried out by any of its
members,
                                                                 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 that Member State shall,
                                                                 in   accordance     with   the   conditions laid   down   in
                                                                 paragraph 1 , draw a third share equal to 7-5 % of its
HAS ADOPTED THIS REGULATION :                                    initial share, rounded up where necessary to the next
                                                                 unit.
                         Article /                              3 . If, after its second share has been used up, 90 % or
                                                                more of the third share drawn by a Member State has
From 1 January to 31 December 1983 the Common                   been used up, that Member State shall, in accordance
Customs Tariff duty in respect of dried grapes falling          with the conditions laid down in paragraph 1 , draw a
within subheading 08.04 B 1, originating in Spain and           fourth share equal to the third.
imported in immediate containers of a net capacity not
exceeding 15 kilograms shall be entirely suspended
within the limits of a Community tariff quota of 1 900          This process shall continue until the reserve is used up.
tonnes .
                                                                4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Within the limits of this tariff quota, Greece shall apply      Member State may draw shares smaller than those fixed
customs duties     calculated   in  accordance with    the      in those paragraphs if there is reason to believe that
relevant provisions in the 1979 Act of Accession and in         they might not be used up. It shall inform the
the               Protocol .                                    Commission of its reasons for applying this paragraph .
 ---pagebreak---                                                             - 3 -                                  ANNEX B
                          Article 4                                                       Article 7
The additional shares drawn pursuant to Article 3 shall           1 . The Member States ; l>all take all measures necessary
be valid until 31 December 198 3-                                to ensure that addition ti shares drawn pursuant to
                                                                 Article 3 are opened in      'i a way that imports may be
                         Article 5
                                                                 charged without interrup         against their accumulated
                                                                 shares of the Community iff quota.
The Member States shall return to the reserve, not later         2. The Member States shall ensure that importers of
than 1 October 1983 , such unused portion of their               the products in question
initial share as, on 15 September 198 3^is in excess of          have free access to the shares allocated to them.
20 % of the initial volume. They may return a larger
quantity if there are grounds for believing that this            3 . The Member States shall charge the imports of the
quantity may not be used .                                       products concerned against their shares as and when the
                                                                 products are entered with customs authorities for free
The Member States shall notify the Commission , not              circulation.
later than 1 October 198 3>>f the total quantities of the
products in question imported up to 15 September 1983            4. The extent to which a Member State has used up its
and charged against the tariff quota and of any quantity         shares shall be determined on the basis of the imports
of the initial shares returned to the reserves.
                                                                 charged in accordance with paragraph 3 .
                         Article 6
                                                                                          Article 8
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and            At the Commission's request, the Member States shall
3 and, as soon as it is notified, shall inform each               inform it of imports actually charged against their
                                                                 shares.
Member State of the extent to which the reserve has
been used up.
                                                                                          Article 9
It shall inform the Member States, not later than
5 October 1983 ,of the amount in the reserve after                The Member States and the Commission shall cooperate
quantities have been returned thereto pursuant to                 closely to ensure that this Regulation is complied with.
Article 5 .
It shall ensure that the drawing which exhausts the                                       Article 10
reserve does not exceed the balance available and , to
this end, notify the amount of that balance to the                This Regulation shall enter into force on 1 January
Member State making the last drawing.                              1983 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels,      .... 1 982 .
                                                                                          For the Council
                                                                                           The President