CELEX: 51979PC0479
Language: en
Date: 1979-09-07
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) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 479
Vol. 1979/0165
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(79)479 final
                                             Brussels , 7 September 1979
                           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 , originting in Cyprus ( 1980)
           ( submitted to the Council by the Commission)
                                                        .· \
                                                           Λ\
  C0M(79 ) 479 final
 ---pagebreak---                    EXPLANATORY MEMORANDUM
   Article 4 of the supplementary Protocol to be annexed 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 .
   Consequently , the. Community tariff quota shown above should .
   be opened for the period from 1 January to 31 December 1980 .
   The approval of the Regulation depends , however , on the entry
   into force of a Transitional Protocol on 1 January 1980 ( to
   be annexed to the Association Agreement EEC /Cyprus) .
   This Protocol ought to be negotiated before the end of this
   year in order to extend the first stage of the abovementioned
   Agreement once more .
Pending the outcome of the negoc i at i ons , it is already necessary ,
for technical reasons , to submit the proposal allowing the
Community and Cyprus to maintain commercial relations .
   In order not to disturb the commercial flow of "the goods in question
   the tariff quota should be opened on 1 Jaipaary 19&0. In this case
   the first- nwhereas"-clause of the Regulation ought to be adapted
'* consequently .
   The Regulation provides for the splitting up of the quota volume
                                                                         ê
   into 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 .
                                                            « • •/ • • •
 ---pagebreak---                             - 2 -
                      -                   '   "   - " • "
   In the absence of Community statistics , for a period suffi - , |
   ciently representative, the initial quota shares have been : ^
   calculated on the basis of the possible demand on the markets'
   of the various Member States and on the basis of forecasts              i
 >                                                                         «
 i made by some of them . *                                            : ï
                                       ■ ,      "         ... .- v' ,. \i
; As the method of administration to be applied by -all Member ]
   States, the Commission ; proposes the "greyhound" systemi 1 - ' |
\ This is the subject of the- proposal ; annexed 'hereto.               'J
 ---pagebreak---                                                      Proposal for a
                                     COUNCIL REGULATION (EEC) No . . . / 79
                                                  of
               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 ( 1S80 )
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 to 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 ampng 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
                                                                Community quota should under the circumstances be
Whereas Article 4 of the Supplementary Protocol to the
                                                                fixed at 75% of the quota volume;
Agreement establishing an association between the
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 order to take this fact
of the Common Customs Tariff and originating in                 into account and avoid any break in continuity, any
Cyprus; whereas this Community tariff quota should be           Member State which has almost used up its initial quota
opened for the year 19 80 :                                     share, should draw an additional share from the
                                                                corresponding reserve; whereas this must be done by
                                                                each Member State as and when each of its additional
Whereas it is in particular necessary to ensure for all         shares is almost used up, and repeated as many times as
Community importers equal and uninterrupted access              the reserve allows; whereas the initial and additional
to the abovementioned quota and uninterrupted                   shares must be valid until the end of the quota period;
application of the rates laid down for that quota to all        whereas this method of administration requires close
imports of the products concerned into all Member               cooperation between the Member States and the
States until the quota has been used up ; whereas, having        Commission, and the latter must be in a position to
regard to the above principles, the Community nature            monitor the extent to which the quota volume has been
of the quota can be respected by allocating the                 used up and to inform the Member States thereof;
Community tariff quota among the Member States;
whereas, in order to reflect as accurately as possible the
true trend of the market in the products in question,
such allocation should be in proportion to the                  Whereas if, at a given date in the quota period, a
 requirements of the Member States, calculated by               substantial quantity remains unused in any Member
reference to the statistics for imports from Cyprus over        State, it is essential that that Member State should
a representative reference period and also to the                return a significant proportion to the reserve to prevent
economic outlook for the quota period in question;              a part of any tariff quota from remaining unused in one
                                                                Member State when it could be used in others;
Whereas, however, neither Community nor national
statistics showing the breakdown for the products in
question are available and no reliable estimates of             Whereas, since the Kingdom of Belgium, die Kingdom
 future imports can be made; whereas, in these                  of the Netherlands and the Grand Duchy of
circumstances, the quota volumes should be allocated in         Luxembourg are united in and represented by the
                                                                Benelux Economic Union, any operation relating to the
                                                                administration of the quota shares allocated to that
                                                                economic union may be carried out by any of its
 (>) OJ No L 172, 28. 6. 1978, p. 2.                            members,
                                                                                                       I
                                                                                                      /
 ---pagebreak---                                                               - 2 -
MAS ADOI'TI.D THIS KKGULA t' IONi                             accordancewiththeconditionalaid 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 January until 31 December 19 80 /he 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 of 500 tonnes.         with the conditions laid down in paragraph 1 , draw a
                                                              fourth share equal to the third.
      ( XT
     hc.iüing   !                  Description                This process shall continue until the reserve is used up.
        No      I
    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 375 tonnes shall be
allocated among the Member States; the respective
shares, which subject to Article 5 shall be valid until 31                             Article S
December 1980 ,shall be as follows:
                                               ( tonnes )     The Member States shall return to the reserve, not later
                                                              than 1 October 1980 , such unused portion of their
          Bcnclux                                   10        initial share as, on 15 September 19C0,is in excess of
          Dcnmark                                 , 10        20% of the initial volume. They may return a larger
          Germany                                   20        quantity if there are grounds for believing that this
                                                              quantity may not be used.
          France                                    10
          Ireland                                   10
          Italy                                      2        The Member States shall notify the Commission, not
          United Kingdom                          313
                                                              later than 1 October 1980 ,of the total quantities of the
                                                              products in question imported up to 15 September 1S60
                                                              and charged against the tariff quota and of any quantity
3 . The second instalment of 125 tonnes shall constitute      of the initial shares returned to the reserve.
the reserve.
                                                                                        Article 6
                          Article 3
                                                              The Commission shall keep an account of the shares
1.  If 90% or more of a Member State's initial share as       opened by the Member States pursuant to Articles 2 and
specified in Article 2 (2), or 90% of that share minus        3 and, as soon as it is notified, shall ioform each State
the portion returned to the reserve where Article 5 has       of the extent to which the reserve has been used up.
been applied, has been used up, then, to the extent
permitted by the amount of the reserve, that Member           It shall inform the Member States, not later than
State shall forthwith, by notifying the Commission,           5 October 19 80 , of the amount in the reserve after
draw a second share equal to 15% of its initial share,        quantities have been returned thereto pursuant to
rounded up where necessary to the next unit.              |   Article 5 .
2. If, after its initial share has been used up, 90% or       It shall ensure that the drawing which exhausts the
more of the second share drawn by a Member State has          reserve does not exceed the balance available and, to
been used up, then, to the extent permitted by the            this end, notify the amount of that balance to the
amount of the reserve, that Member State shall, in            Member State making the last drawing.
 ---pagebreak---                                                       - 3 -
                        Article 7                                                       Articli 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 home
use.
                                                                       .                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 forcp on 1 January
charged in accordance with paragraph 3.                         19 80 .
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels.
                                                                                        For the Council
                                                                                         The President