CELEX: 51983PC0221
Language: en
Date: 1983-04-25
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet cherries, marinated in alcohol and intended for the manufacture of chocolate products, falling within subheading ex 20.06 B I e) 2 bb) of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 221
Vol. 1983/0091
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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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 E U R O P E A N COMMUNITIES
                                                                            C0M(83) 221 f i n a l
                                                                            Brussels,           25 April    1983
                                                         Draft
                                          COUNCIL REGULATION (EEC)
      opening,         a l l o c a t i n g and p r o v i d i n g f o r 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 f o r sweet c h e r r i e s , marinated i n
             a l c o h o l and intended f o r the manufacture o f c h o c o l a t e
              p r o d u c t s , f a l l i n g w i t h i n subheading ex 20.06 B I e)
                                2 bb) of the Common Customs                Tariff
                      (submitted t o the Council by the Commission)
C0M(83) 221 f i n a l
         . i.
 ---pagebreak---                                                   EXPLANATORY MEMORANDUM
1.   Council Regulation            (EEC) No 3355/82 of 3 December 1982                  (1), opened
     a Community t a r i f f       quota for sweet c h e r r i e s marinated           in alcohol
     and intended f o r the manufacture of chocolate p r o d u c t s , at a                    level
    of 1 500 tonnes and 10% duty.
2.  The a d v i s a b i l i t y of opening a new quota for the second h a l f                of
    1983   was c o n s i d e r e d , and a s o l u t i o n envisaging measures f o r a
    quota under the            same c o n d i t i o n s with an i d e n t i c a l volume, shared
    among Member States             in the same p r o p o r t i o n as the a d v i s e d r e q u i ­
    rements,     could meet with the approval of a l l Member                       States.
   This   i s the purpose of t h i s d r a f t            regulation.
   (1)  0J No L 358 of 20.12.1982, p.                    10.
 ---pagebreak---                                                                             Draft     fof     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
                             sweet                  cherries, marinated in alcohol and intended for the manufacture of
                             chocolate products, falling within subheading ex 20.06 B I e) 2 bb) of the C o m m o n Customs
                                                                                   Tariff
       T H E C O U N C I L OF T H E E U R O P E A N C O M M U N I T I E S ,                                          be allocated on the basis of the
                                                                                          estimated temporary import needs from third countries of
                                                                                          each of the Member States; whereas these arrangements
                                                                                          for allocation will also ensure the uniform application of
        Having regard to the Treaty establishing the European
                                                                                          the C o m m o n Customs Tariff;
        Economic Community, and in particular Article 28
        thereof,
       Having regard to                      the d r a f t R e g u l a t i o n
                                                                                          Whereas, to take account of possible import trends for the
       submitted by the                        Commission,
                                                                                           product concerned, the quota volume should be divided
        Whereas the production of sweet                                 cherries,
                                                                                           into two tranches, the first being allocated between
        marinated in alcohol and intended for the manufacture of
                                                                                           certain Member States and the second held as a reserve to
        chocolate products, is currently insufficient in the
                                                                                           meet subsequent requirements of Member States which
        Community to meet the requirements of the user
                                                                                           have used up their initial shares; whereas, to give
        industries in the Community; whereas, consequently,
                                                                                           importers of the Member States some degree of certainty,
        Community supplies of products of this type depend to a
                                                                                           the first tranche of the tariff quota should be fixed at a
        considerable extent on imprjrts from third countries;
                                                                                           relatively high level, which in this case could be 1 350
        whereas it is in the Community's interest to pattially
                                                                                           tonnes;
         suspend the C o m m o n Customs Tariff duty for the
         products in question, within a Community tariff quota of
         an appropriate volume; whereas in order not to bring into
         question the development prospects of this production in                           Whereas the initial shares of the Member States may be
         the Community while ensuring an adequate supply to                                 used up at different rates; whereas, to avoid disruption of
         satisfy user industries, it is advisable to limit the benefits                     supplies on this account, any Member State which has
         of tariff quotas solely to products which meet certain                             almost entirely used up its initial share should draw an
 —       criteria as to presentation and use, to open the quota for                         additional share from the reserve; whereas, each time its
/December  the p e r i o d 1 J ( j L y t o 3 1  j - 1 9 8 3 a n d t o f i x  t h e          additional share is almost entirely used up, a Member
          volume of this quota at a level of 1 500 tonnes,                                  State should draw a further share, and so on as many
          corresponding to the needs for imports from third                                 times as the reserve allows; whereas the initial and
          countries during that period, and to fix the quota duty at                        additional shares should be valid until the end of the
          10%;                                                                               quota period; whereas this form "-f admim. Jxation
                                                                                             requires close coliaboration between the Member States
                                                                                             and the Commission, which latter must be in a position to
                                                                                             keep account of the extent to which the quota has been
          Whereas equal and continuous access to the quota should                            used up and to inform the Member States accordingly;
          be ensured for all Community importers and the rate of
           duty for the tariff quota should be applied consistently to
           all imports until the quota is exhausted; whereas, in the
           light of these principles, arrangements for the utilization                       Whereas, i f at a given date in the quota period a
           of the tariff quota based on an allocation among Member                            considerable quantity of a Member State's initial share
           States would seem to be consistent with the Community                              remains unused, it is essential that that Member State
           nature of the quota; whereas, to correspond as closely as                          should return a significant proportion to the reserve, in
           possible to the actual trend in the market in the product in                       order to prevent a part of the Community quota
            question, allocation of the quota should be in proportion                         remaining unused in one Member State while it could be
           to the requirements of the Member States as calculated by                          used in others;
            reference to statistics of imports from third countries
            during a representative reference period and to the
            economic outlook for the quota period in question;
                                                                                              Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                                              the Netherlands and the Grand Duchy of Luxembourg
                                                                                               are united within and jointly r e p r e s e n t by the ikneiux
            Whereas, however, since the quota is an autonomous                                 Economic Union, any measure concerning the
            Community tariff quota intended to cover import needs                              administration of the shares allocated, to that economic
             arising in the Community, the quota volume may                                    union may be carried out by any one of its members,
 ---pagebreak---                                                               - 2 -
      HAS A D O P T E D THIS R E G U L A T I O N :                       equal to 5 % of its initial share rounded up as necessary to
                                                                         the next whole number.
                                Article 1
                                             _p_ecember                  3.     If a Member State, after exhausting its second
      1.     From 1 J u l y t o 31 / 1983 the Common                     share, has used 90 % or more of the third share drawn by
      Customs Tariff duty on sweet                         cherries,     it, that Member State shall forthwith, in the manner and
     marinated in alcohol, of a diameter not exceeding 18-9              to the extent provided in paragraph 1, draw a fourth
     m m , stoned, intended for the manufacture of chocolate             share equal to the third.
     products ('), falling within subheading ex 20.06 B I e)
     2 bb), shall be suspended at a level of 10% within the              This process shall apply until the reserve is used up.
     framework of a Community tariff quota of 1 500
     tonnes.
                                                                        4.      By way of derogation from paragraphs 1 to 3, a
                                                                        Member State may draw shares lower than those specified
     2.     Within the limits of the tariff quota, Greece shall         in those paragraphs if there are grounds for believing that
     apply customs duties calculated in accordance with the             those specified may not be used in full. Any Member State
     relevant provisions in the 1979 Act of Accession.                  applying this paragraph shall inform the Commission of
                                                                        its grounds for so doing.
                               Article 2
                                                                                                   Article 4
    1.      A first tranche of 1 35 Qtonnes of this Community
    tariff quota shall be allocated among certain Member                Additional shares drawn pursuant to Article 3 shall be
    States; the shares which, subject to Article 5, shall be valid     valid until 31 December 1983.
    until 31 / ^83, shall be as follows:
                    December
                                                    (tonnes)
             Benelux                                       S                                       Article 5
             Denmark                                       s                                                        November
             Germany                                  1 080            Member States shall, not later than 15 /        1983, return
             Greece                                                    to the reserve the unused portion of their initial share
                                                         80
                                                                       which, on 1 / 1983, is in excess of 20 % of the initial /November
             France                                        1           volume. They may return a greater portion if there are
            Ireland                                        5          grounds for believing that it may not be used in full.
            Italy                                       169
            United Kingdom                                 5          Member States shall, not later than 15 / ~ 1983, notify/November
                                                                      the Commission of the total quantities of the prod..as in
                                     150
   2.      The second tranche of / tonnes shall constitute the        question imported up to 1 /          1983 and charged against/November
   reserve.                                                           the Community quota and of any portion of their initial
                                                                      shares returned to the reserve.
                              Article 3
                                                                                                  Article 6
   1.     If a Member State has used 9 0 % or more of its
  initial share as fixed in Article 2 (1), or of that share minus
                                                                      The Commission shall keep an account of the shares
  any portion returned to the reserve pursuant to Article 5,
                                                                      opened by the Member States pursuant to Articles 2 and 3
  it shall forthwith, by notifying the Commission, draw a
                                                                      and shall, as soon as the notifications reach it, inform
  second share, to the extent that the reserve so permits,
                                                                     each State of the extent to which the reserve has been used
  equal to 10 % of its initial share rounded up as necessary
                                                                     up.
  to the next whole number.
                                                                                                    No_vember
                                                                     It shall, not later than 20 / 1983, inform the Member
  2.      If a Member State, after exhausting its initial share,     States of the amounts still in the reserve following any
 has used 90 % or more of the second share drawn by it,
                                                                     return of shares pursuant to Article 5.
 that Member State shall forthwith, in the manner and to
 the extent provided in paragraph 1, draw a third share
                                                                     It shall ensure that the drawing which exhausts rhe r serve
                                                                     does not exceed the balance available, and to this end
(') Checks on their prescribed end-use shall be carried out          shall notify the amount of that balance to the Member
      pursuant to the relevant Community provisions.                 State making the last drawing.
 ---pagebreak---                                                          - 3 -
                         Article 7                             5.     The extent to which Member States have used up
                                                               their shares shall be determined on the basis of imports
1.     Member States shall take all appropriate measures       charged against them under the conditions set out in
to ensure that additional shares drawn pursuant to             paragraph 4.
Article 3 are opened in such a way that imports may be
charged without interruption against their aggregate                                     Article 8
shares of the Community tariff quota.
                                                                A t the Commission's request, the Member States shall
 2.    Member States shall take all appropriate measures        inform it of imports actually charged against their
 to ensure that the products listed in paragraph 1 of           shares,
 Article 1 benefiting from the tariff quota in question are
 put to the prescribed end-use.                                                          Article 9
 3.    Member States shall ensure that importers of the          Member States and the Commission shall cooperate
 product in question                                   have      closely to ensure that this Regulation is complied with.
 free access to the shares allotted to them.
                                                                                         Article 10
  4.    Member States shall charge imports of the product
  in question against their shares as the product is entered     This Regulation shall enter into force on 1 J u l y
  with the customs authorities for free circulation.              1983.
                This Regulation shall be binding i n its entirety and directly applicable in all Member
                States.
                Done at Brussels,
                                                                                  For the Council
                                                                                   The President