CELEX: 51988PC0116
Language: en
Date: 1988-03-15
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of Community tariff quotas for new potatoes and fresh table grapes, originating in Cyprus (1988) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 116
Vol. 1988/0033
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                 COM(88 ) 116 final
                                                                 Brussels , 15 March 1988
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of Community
          tariff quotas for new potatoes and fresh table grapes ,
                       originating in Cyprus ( 1988 )
                       ( presented by the Commission )
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 ---pagebreak---                                                                                2.
                             EXPLANATORY MEMORANDUM
1 . The Agreement between the European Economic Community and Cyprus , as
    supplemented by the Protocol laying down the conditions and procedures
    for the implementation of the second stage of the Agreement establishing
    an association between the European Economic Ccmnunity and the Republic
    of Cyprus and adapting certain previsions thereof, provides for the
    opening of the following annual Conmunity tariff quotas in respect of
    imports into the Ccmnunity :
    - 60 000 tonnes for new potatoes , falling within CN code 0701 90 59 and
    - 7 500 tonnes for fresh table grapes , falling within CN codes
      ex 0806 10 15 and ex 0806 10 19
    in both cases originating in Cyprus .
    However , under Article 18 of the Protocol in question , these volumes are
    subject to gradual increases from the entry into force of the Protocol .
    They will consequently be 65 000 tonnes and 8 100 tonnes respectively in
    1988 .
    In the context of these tariff quotas , customs duties are to be
    abolished progressively according to the same timetables and under the
    same conditions as laid down in Articles 5 and 16 of the said Protocol .
    However , the Protocol to the Cooperation Agreement between the EEC and
    Cyprus consequent on the accession of Spain and Portugal lays down that
    those two Member States will postpone implementation of the preferential
    arrangements for the products covered by Regulation (EEC ) No 1035/72
    until 31 December 1989 and 31 December 1990 respectively .   Consequently,
    the above tariff quota for fresh table grapes applies only to the
    Community as constituted on 31 December 1985, whilst that for new
    potatoes applies to the Conmunity as now constituted .
    These tariff quotas should therefore be opened for the periods from 16
    May to 30 June 1988 for new potatoes and from f June to 4 August 1988
    for fresh table grapes .
 ---pagebreak---                                                                               3.
    The provisions of the Regulation lay down that the quota volumes shall
    be divided into two instalments , the first to be allocated among the
    Member States and the second to constitute the Comnunity reserve .
    The allocation of the first instalment has been made , as far as new
    potatoes are concerned , on the basis of the rules generally applied so
    far . The imports of each Member State during the period from 1984 to
    1986 were set against total Corrmunity imports over the same period , and
    the resulting percentages were used to calculate the initial Member
    States shares , the latter figures being rounded up to the nearest ton .
    As regards the allocating of the first instalment of the quota for fresh
    table grapes , there are neither Comnunity nor national statistical data
    available which correspond to the quota period in question and no
    estimates can be put forward . In these circumanstances initial shares
    should be established for taking into account the possibilities of
    consumption of these goods in each of the Member States .
    However it takes account of the fact that there have been no imports or
    only occasional imports into certain Member States in recent years .
    Initial shares have therefore been allocated only to importing Member
    States , while other Member States are guaranteed access to the tariff
    quotas as and when imports are announced .
3 . As regards the method of administration to be applied by all Member
    States , the Ccsrmission proposes the " as and when " system .
4 . This is the purpose of the attached proposal .
                                                                                 3
 ---pagebreak---                                                                                 4.
                                    Proposal for a
                      COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration of Corrmunity
               tariff quotas for new potatoes and fresh table grapes
                             originating in Cyprus ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Econctnic Contnunity,
and in particular Article 113 thereof ,
Having regard to the proposal from the Corrmissicn ,
VJhereas the Agreement establishing an association between the European
Econcmic Conmunity and Cyprus , as supplemented by the Protocol laying down
the conditions and procedures for the implementation of the second stage of
the said Agreement and adapting certain provisions thereof (1 ) , provides
for the opening of two annual Community tariff quotas of 60 000 tonnes for
new potatoes falling within CN code 0701 90 59 and for 7 500 tonnes for
fresh table grapes falling within CN code^ ex 0806 10 15 and ex 0806 10 19,
originating in Cyprus ;
VJhereas , under Article 18 of the Protocol in question , these volumes are
subject to gradual increases frcm the entry into force of the Protocol , and
will therefore be 65 000 tonnes and 8 100 tonnes respectively in 1988 ;
whereas , within the limits of these tariff quotas the customs duties
applicable are to be abolished progressively according to the same
timetables and under the same conditions as laid down in Articles 5 and 16
of the said Protocol ;
Whereas , however , the Protocol to the Cooperation Agreement between the EEC
and Cyprus consequent on the accession of Spain and Fbrtugal (2 ) lays down
that those two Member States will postpone implementation of the
preferential arrangements for the products covered by Regulation (EEC ) No
1035 /72 ( 3 ) until 31 December 1^89 amid 31 December 1990 respectively ;
whereas   , consequently, the abo'^r^earmf^ Tgife^kyi^^S^'only to the Corrmunity
as constituted on 31 December 1985 , whilst that for new potatoes applies to
the Corrmunity of twelve .
VJhereas the Corrmunity tariff quotas should therefore be opened for the
period 16 May to 30 June 1988 for new potatoes and for the period 8 June to
4 August for fresh table grapes .
VJhereas it is in particular necessary to ensure for all Corrmunity importers
equal and uninterrupted access to the abovementioned quotas and
uninterrupted application of the rates laid down for these quotas to all
imports of the products concerned into all Member States until the quotas
have been used up ; whereas , having regard to the above principles , the
Conmunity nature of the quotas can be respected by allocating the Corrmunity
tariff quotas 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 requirements of
the Member States , calculated by reference to the statistics for Imports
 frcm Cyprus over a representative reference period and also to the econcmic
outlook for the quota periods in question ;
 ( 1 ) OJ No L     ,           , p.
 ( 2 ) OJ No L      ,          , p.
 ( 3 ) OJ No L 118, 20.5.1972 , p. 1
 ---pagebreak---                                                                              5.
Whereas , during the Last three years for which statistics are available ,
imports of new potatoes into each of the Member States were as follows :
                                                          ( in tonnes )
Member States                          1984          1985           1986
Benelux                               4 714         1 861          3 999
Denmark                                    -            -
                                                                         1
Germany                               3 071         1 932          4 120
Greece                                     -            -                -
Spain                                      -            -                -
France                                     -            -                -
Ireland                                  630          854               92
Ita ly                                     -            -                -
Portugal                                   -            -                -
United Kingdom                       68 524        63 846         64 496
Whereas in view of these factors of market forecasts for the products in
question and in particular of the estimates submitted by certain Member
States , initial quota shares may be fixed approximately at the following
percentages :
Benelux                             4.85
Denmark                             0.00
Germany                             4.18
Greece                              0.00
Spain                               0.00
France                              0.00
Ireland                             0.72
Italy                               0.00
Portugal                            0.00
United Kingdom                     90.25
Whereas , however , neither Community nor national statistics showing the
breakdown for imports of fresh table grapes corresponding to the period
in question are available and no reliable estimates of future imports
can be made ; whereas , in these circumstances , the quota volumes should be
allocated in initial shares , to take into account demand for these products
on the markets of the various Member States ;
                                                                                <>
 ---pagebreak--- Whereas during the last three years these products
              were imported regularly only by certain
Member States and not at all or only occasionally by the
other Member States ; whereas under these circumstances,
in the first phase, initial shares should be allocated only
to the genuine importing Member States and the other
Member States should be guaranteed access to the benefit
of the tariff quotas when imports actually take place in
non-Member States ; whereas these allocation arrange¬
ments will ensure the uniform application of the
Common Customs Tariff ;
Whereas, to allow for the trend of imports of the products
concerned in the various Member States, each quota
volume should be divided into two parts, the first being
 allocated among certain Member States and the second
 held as a reserve to cover any subsequent requirements of
 those Member States which have used up their initial
 shares and any requirements which might arise in the
 other Member States ; whereas, to afford importers in each
 Member State some degree of certainty, an appropriate
 level for the first part of the Community quotas would, in
 the present circumstances, be 30 % of the QUOtS
 volume for new potatoes and 75 A of the
  quota volume for fresh table grapes .
    Whereas the Member States’ initial shares may be used up
    at different times ; whereas in in order to take this fact
    into account and avoid any break in continuity, any
    Member State which has almost used up its initial quota
    shares should draw an additional share from the corres¬
    ponding reserve ; whereas this must be done by each
    Member State as and when each of its additional shares is
    almost used up, and repeated as many times as the reserve
    allows ; whereas the initial and additional shares must be
    valid until the end of 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 to
    which the quota amounts have been used up and to
    inform Member States thereof ;
    Whereas, if, at a given date in the quota period , a substan ¬
    tial quantity remains unused in any Member State, it is
    essential that that Member State should return a signifi¬
    cant proportion to the corresponding reserve to prevent a
    part of a Community quota from remaining unused in
    one Member State when it could be used in others ;
    Whereas, since the Kingdom of Belgium, the Kingdom of
    the Netherlands and the Grand Duchy of Luxembourg
    are united within and jointly represented by the Benelux
     Economic Union, any operation relating to the adminis¬
    tration of the quota shares allocated to that economic
    union may be carried out' by any of its members,
 ---pagebreak---                                                                                                       7.
 HAS ADOPTED THIS REGULATION :
                                                     Article 1
 1.      From 16 May to 30 June 1988 on the import into the Community the customs
        duty applicable for the following products , falling under CN code
        0701 90 59 shall be suspended at the level and within the limits of a
         Community tariff quota as follows :
                     CN code                                                     Quota volume Quota duty
    Order No                                             Descri prion               (tonnes)      %
   09.1401       0701    90 59            New potatoes originating               65 000       8,5
                                          in Cyprus
2.       From 8 June to 4 August 1988 , on import into the Community as constituted
         on 31 December 1985 , the duties applicable for the following products
         falling under CN codes ex 0806 10 15 and ex 0806 10 19 shall be suspended
         at the levels and within the limit of a Community tariff quota as
         follows :
    Order No         CN code                                                     Quota volume Quota duty
                                                          Description
                                                                                    (tonnes)      %
 09.1407                                 Fresh table grapes :
        V       ex 0806 10 15            from 8 June to 14 July                                 6 5
                ex 0806 10 19            from 15 July to 4 August                  8 100
                                                                                                8,0
                                         originating in Cyprus
                               Article 2
     1.    The tariff quotas laid down in Article 1 shall be
     divided into two instalments.
     2. The first part of each Community tariff quota
     referred to in Article 1 shall be allocated among certain
     Member States ; without prejudice to Article 5, the quota
     shares shall be valid until 30 June and 4 August
     respetively and shall be as follows :
       Member States                      New potatoes          fresh table grapes
                                          NC code               NC code
                                          0701 90 59            ex 0806 10 15
                          •
                                                                ex 0806 10 19
      Benelux                                  2 520                    155
       Denmark                                        -
                                                                          5
      Germany                                  2 175                    195
      Greece                                          -                   -
       Spain                                          -                   -
        France                                        -                   -
       Ireland                                    375                    20
       Italy                                          -                   -
       Portugal                                       -                   -
      United Kingdom                         46 930                   5 700
 ---pagebreak---      3.    The second part of each quota,       13 000 and 2 025 tonnes respectively
                                   shall constitute the correspon ¬
     ding reserve.
     4.     If an importer gives notification of imminent              imports of
   these products                into the other Member States and
     applies to take advantage of the quota, the Member State
     concerned shall inform the Commission and draw an
     amount corresponding to its requirements to the extent
     that the available balance of the reserve so permits .
                                     Article 3
         1.     If a Member State has used 90 % or more of one of
         its initial quota shares as specified in Article 2 (2), or of
         that share less any portion returned to the reserve
         pursuant to Article 5, it shall forthwith, by notifying the
         Commission and to the extent that the reserve so permits,
         draw a second share equal to 10 % of its initial share,
         rounded up where necessary to the next whole number.
         2. If, after one of its initial quota shares has been used
         up, a Member State has used 90 % or more of its second
         share as well, it shall, using the procedure provided for in
         paragraph 1 and to the extent that the reserve so permits,
         draw a third share equal to 5 % of the initial share,
         rounded up where necessary to the next whole number.
         3.     If, after one of its second shares has been used up, a
         Member State has used 90 % or more of its third share, it
         shall, using the procedure provided for in paragraph 1 ,
         draw a fourth share equal to the third .
         This process shall continue until the reserve is used up.
         4.      By way of derogation from paragraphs 1 , 2 and 3, a
         Member State may draw shares smaller than those fixed 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.
                                      Article 4
          Each of the additional shares drawn pursuant to Article 3
         shall be valid until 30 June and 4 August 1988 respectively .
                                   Article 5
           The Member States shall re tu.hn            ^e                ^)-| an 15 June and 20
July . respectively                               :       5 such unused portion of their
           initial share as, on 10 j un e and 15 July 1988 respectively , is in excess
           20 % of the initial volume. They may return a larger
           quantity if there are grounds for believing that this quan¬
           tity may not be used .
           The Member States shall notify the Commission, not later than 15 June and 20 Juty
             respectively               of the total guantities of the
           products in question imported up to 10 June and 20 July 1988 respectively
           and charged against the tariff quota S and Of_ any quantity of
           the initial shares returned to the corresponding reserves.
 ---pagebreak---                                                                                                                               9.
                           Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and, as soon as it is notified, shall inform each State of the
extent to which the reserves have been used up.
It shall inform the Member States, not later than 20           June and 25 July 1988 respectively
               of the amount in each reserve after quant¬
ities have been returned thereto pursuant to Article 5.
 It shall ensure that the drawing which exhausts any              when the products are entered with customs authorities
 reserve does not exceed the balance available and, to this       for free circulation .
 end, shall notify the amount of that balance to the
 Member State making the last drawing.                            4. The extent to which a Member State has used up its
                                                                  shares shall be determined on the basis of the imports
                                                                  charged in accordance with paragraph 3.
                            Article 7
                                                                                            Article 8
 1.    The Member States shall take all measures necessary
 to ensure that additional shares drawn pursuant to Article       At the Commission’s request, the Member States shall
 3 are opened in such a way that imports may be charged           inform it of imports actually charged against their shares.
 without interruption against their accumulated shares of
 the Community tariff quotas.                                                               Article 9
 2. The Member States shall ensure that importers of              The Member States and the Commission shall cooperate
 the products in question have free access to the shares          closely to ensure that this Regulation is complied with.
 allocated to them .
                                                                                           Article 10
 3. The Member States shall charge the imports of the
 products concerned against their quota shares as and             This Regulation shall enter into force on 16 Hay 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                   Done at Brussels,
                                                                              Fur the Council
                                                                                The President
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la mesure tarifaire :
        Proposition de règlement du Conseil portant ouverture , répartition
        et mode de gestion de deux contingents tarifaires ccrrmunautaires de
        pommes de terre de primeurs et de raisins frais de table ,
        originaires de Chypre ( 1988 )
4.      Objectif : exécution d' une obligation contractuelle (Accord
        CEE/Chypre) .
5.      Mode de calcul :
                                           Pommes de terre    Raisins frais
                                           de primeurs        de table
        code de la N.C. :                  0701 90 59         ex 0806 10 15
                                                              et ex0806 10 19
        volumes des contingents            65 000 tonnes      8 100 tonnes
        droits à appliquer :               8,5 %              6 , 5% et 8 , 0%
        droits de la N.C.                  21 %               18 % et 22%
        Prix 0 :                           208 ECU/t       1881 et 1153 ECU/t
6.      Perte de recettes :                1 690 000 ECU      1 410 156 ECU
        Les mômes mesures étaient appliquées en 1987 . La perte de recettes
        s' élevait respectivement à 1 593 840 et à 700 949 ECU .
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ces contingents et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Conmunauté .