CELEX: 51991PC0368
Language: en
Date: 1991-10-17
Title: Proposal for a COUNCIL REGULATION ( EEC ) opening and providing for the administration of a Community quota for chemically­pure fructose originating in third countries not bound to the Community by a preferential trade agreement ( 1992 )

C< "MISSION OF THE EUROPEAN COMMUNITIES
                                              C0M(91)368  final
                                              Brussels, 17 October 1991
                               Proposal for a
                          COUNCIL REGULATION (EEC)
     opening and providing for the administration of a Community quota
   for chemically-pure fructose originating In third countries not bound
         to the Community by a preferential trade agreement (1992)
                       (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. By Council Regulation (EEC) no. 1436/90, amending Regulation (EEC) No.
   3033/80 laying down the system of trade applicable to certain goods
   processed from agricultural products, the Commission has introduced a
   variable   component   to  be   levied   on   imports   of   chemically-pure
   fructose, of CN code 1702 50 00, originating        in third countries not
   bound to the Community by a preferential agreement.
2. In  the  current   context   of  the   Uruguay   Round,    it  would   appear
   advisable, for evident reasons of trade policy, not to sacrifice the
   trade  in goods   as  it exists   already. Thus,    the   possibilities for
   importing chemically-pure fructose, originating in the said countries,
   into the Community market, should be maintained at their proper level.
   To this end, account should be taken of the average          imports of this
   product throughout 1987 and 1988. Given that this average amounts          to
   4 504 tonnes, the opening of a Community         quota   in 1991   for 4 504
   tonnes, with a customs duty equal to 20%, and with exemption from the
   variable component, should constitute a satisfactory solution.
3. Once the quota volume has been reached at Community           level, further
   imports of the said product will be subject to the additional         levy of
   the variable   component,   to be applied    at  that   instant   within  the
   Community.
4. Given that negotiations which might     lead to an amendment of the rate
   of customs duty applicable to trade of this product by the Community
   are currently under way in the Uruguay Round, the Commission reserves
   the possibility to withdraw or modify its proposition in the course of
   the procedure so it can adapt it as necessary.
   Therefore, this Community quota should be opened for 1992
 ---pagebreak---                                  -2-
5. As regards the method of administration of this quota, it is proposed
   that the entire quota volume be held as a Community reserve, to which
   all Member States will have access, in accordance with the procedure
   provided for in Article 3 of the proposal for a Regulation.
   This is the purpose of the attached proposal.
   ANNEX: Proposal for a Regulation.
 ---pagebreak---                                                            Proposal for a
                                        C O U N C I L REGULATION (EEC) N o                    /9l
                                                        of
                  opening and providing for the administration of a C o m m u n i t y quota for
                  chemically pure fructose originating in third countries not bound to the
                                   C o m m u n i t y by a preferential trade a g r e e m e n t (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 countries, during 1987 and 1988, amounted to 4 504
Having regard to the Treaty establishing the European                    tonnes , whereas it is therefore appropriate to open, for
Economic Community, and in particular Article 113                        the year 1992, a Community quota, exempt from the vari-
thereof,                                                                 able component, for an amount equal to 4 504 tonnes ;
                                                                         Whereas equal and continuous access to the quota should
Having regard to the proposal from the Commission,
                                                                         be ensured for ail Community importers and the rates
Whereas Article 7a of Council Regulation (EEC) No                        laid down for the quota should be applied consistently to
3033/80 of 11 November 1980 laying down the trade                        all imports of the product in question into all the
arrangements applicable to certain goods resulting from                  Member States until the quota is exhausted ; whereas it is
the processing of agricultural products ('), as last amended             appropriate not to provide for allocation among Member
by Regulation (EEC) No 1436/90 (2), provides that the                    States, without prejudice to the drawing on the amount of
variable component which imposes, as from 1 July 1990,                   the quota, of such quantities as they may need, under
on imports of the products falling within CN code                        conditions and according to the procedure provided for in
1702 50 00, originating in third countries not bound to                  Article 3 ;
the Community by a preferential trade agreement, will be                 Whereas, since the Kingdom of Belgium, the Kingdomn
equal to the levy referred'to in Article 16 (6) of Regulation            of the Netherlands and the Grand Duchy of Luxembourg
(EEC) No 1785/81 (-), as last amended by Regulation                      are united within and jointly represented by the Benelux
(EEC) No 1069/89 (4), imposed on imports of products                     Economic Union, any operation concerning the adminis-
falling within CN codes 1702 30 10, 1702 40 10,                          tration of the drawings made by that economic union
1702 60 10 and 1702 90 3 0 ;                                             may be carried out by any one of its members,
Whereas, in the current context of the Uruguay Round, it
is appropriate to maintain the possibility of exporting to               HAS ADOPTED THIS REGULATION :
the Community market chemically pure fructose origina-
ting in third countries not bound to the Community by a                                           Article 1
preferential trade agreement; whereas this aspect is                     From 1 January to 31 December 1992, the variable
fulfilled if the possibility for individual agricultural                 component applicable to imports, into the Community,
products, originating in the aforesaid third countries, to               of the following product, originating in third countries
penetrate the Community market is not less, in 1992,                     not bound to the Community by a preferential trade
than the average for 1987 and 1988 ; whereas the average                 agreement, shall be suspended totally, within the limits of
imports of chemically pure fructose, originating in these                a Community quota as shown below :
                                                                                                          Amount        Quota duty
    Older No        CN code                                  Description                                  of quota
                                                                                                        (in tonnes)        (%)
09.0091            1702 50 00      Chemically pure fructose                                                4 504            20
                            Article 2                                    Regulation, and if this declaration is accepted by the
The quota referred to in Article 1 shall be administered                 customs authorities, the Member State concerned shall
 by the Commission, which may take any appropriate                       draw, from the quota, by means of notification to the
 measure with a view to ensuring the efficient administra-               Commission, a quantity corresponding to these needs.
 tion thereof.
                            Article 3
                                                                         The requests for drawing, with the indication of the date
 If an importer presents in a Member State a declaration of              of acceptance of the said declaration, must be communi-
entry into free circulation including a request for prefe-               cated to the Commission without delay.
 rential benefit of the quota for a product covered by this
(') OJ   No  L 323, 29. 11. 1980, p. 1.                                  The drawings shall be granted by the Commission on the
(') OJ   No  L 138, 31. S. 1990, p. 9.
(') OJ   No  L 177, 1. 7. 1981, p. 4.                                    basis of the date of acceptance of the declarations of entry
(4) OJ   No  L 114, 27. 4. 1989, p. 1.                                   into free circulation by the customs authorities of the
 ---pagebreak--- Member State concerned, to the extent that the available                                Article 4
balance so permits.
                                                                Each Member State shall ensure that importers of the
If a Member State docs not use the quantities drawn, it         product concerned have equal and continuous access to
shall return them as soon as possible to the tariff quota.      the quota for such times as the residual balance of the
                                                                quota so permits.
If the quantities requested   are greater than the available
balance of the tariff quota, allocation shall be made on a
pro rata basis with respect  to the requests, Member States                             Article 5
shall be informed by the     Commission of the drawings
made.                                                           This Regulation shall enter into force on 1 January 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                          For the Council
                                                                            The President
 ---pagebreak---                                       -7
FINANCIAL RECORD
1.     Budget Iine concerned : Chap. 12 art. 120
2.     Legal base : art 113 of the Treaty
3.     Heading of the tariff measure : Proposal for a Council Regulation
       (EEC) opening and providing for the administration of a Community
       quota for chemically-pure fructose originating in third countries not
       bound to the Community by a preferential trade agreement (1992)
4.     OblectIve :execution of an engagement of the Community to GATT.
5.     Method of calculation :
       CN code: 1702 50 00
       Volume of the quota: 4 504 tonnes
       Duty to apply: 20%
       Customs duty applied outside the quota: 20% + MOB
       (MOB - 326 ECUs/tonnes approximately)
6.     Loss of receipts : the loss of receipts to insert for 1992 is 468 304
       ECUs. In 1991 a loss at the same level was foreseen
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 368 final
                                                      DOCUMENTS
EN                                                                              02
                                Catalogue number : CB-CO-91-428-EN-C
                                                             ISBN 92-77-76176-8
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