CELEX: 51983PC0088
Language: en
Date: 1983-02-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I of the Common Customs Tariff and originating in Cyprus (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 088
Vol. 1983/0029
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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--- C O M M I S S I O N OF T H E E U R O P E A N                                      COMMUNITIES
                                                                    COM(83) 88        final
                                                                    Brussels,       22 F e b r u a r y   1983
                                                 Proposal         for  a
                                          C O U N C I L 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  administration           o f a Community
      tariff   quota     for      fresh t a b l e grapes f a l l i n g      within     subheading         ex  08.04
      A I of the      Common Customs T a r i f f          and o r i g i n a t i n g i n Cyprus         (1983)
                        (submitted      to    the    C o u n c i l by t h e    Commission)
COM(83) 88   final
 ---pagebreak---                                         EXPLANATORY MEMORANDUM
1.  Article         2 of the        P r o t o c o l concerning the                     a r r a n g e m e n t s t o be        applied
    during        1981, i n the            framework            of the         D e c i s i o n adopted           by t h e E E C -
    Cyprus A s s o c i a t i o n C o u n c i l           on 24 November 1980 e s t a b l i s h i n g                         the
    tjpocess        i n t o the     second         stage of the                A s s o c i a t i o n Agreement             between
    the     E u r o p e a n E c o n o m i c Community and t h e                     Republic of Cyprus,                      provides
    for     the     o p e n i n g o f a Community t a r i f f                    quota        o f 7 000 t o n n e s o f            fresh
    table       grapes,         falling        within         s u b h e a d i n g ^ ex 0 8 . 0 4        A l a )       and b)       of
    the      Common Customs T a r i f f                and o r i g i n a t i n g          i n C y p r u s , at        rates of
    customs         duty       equal     t o 40 % o f t h e              customs         duty       i n the       Common Customs
    Tariff,         f o r the      p e r i o d 8 J u n e t o 31 J u l y 1 9 8 1 .
    Article         2 o-f R e g u l a t i o n ( E C O Mc 3 5 3 2 / 8 ? ,                  prcvid«?? f o r            ? p-o
    temporis           extension         of    these arrangements u n t i l                         30 J u n e 1 9 8 3 ,        however
    it     is appropriate              w i t h a view to m a i n t a i n i n g t r a d i t i o n a l                    trade,       to
    provide for the                opening of the                 whole o f t h e             tariff       quota        and f o r      the
    p e r i o d 8 J u n e t o 31 J u l y              1983.
2.  The R e g u l a t i o n makes             p r o v i s i o n for        the     division           of the         quota      volume
     i n t o two i n s t a l m e n t s ,        the     first        of which i s a l l o c a t e d               by s h a r e s      amongst
     all     Member S t a t e s ,         w h i l e the        second         constitutes              a reserve.             The a l l o c a t i o n
     of    the     first       instalment           is    u s u a l l y based           on t h e       statistical            data of
     the     last      t h r e e y e a r s and e s t i m a t e s              for     the      period in            question.
3.   In t h i s      case t h e r e are           neither          Community n o r n a t i o n a l                  statistical
     data      a v a i l a b l e which correspond                    to the         quota        period in question                  and no
     estimates           can be put           forward.             In these circumstances                          initial       shares
     s h o u l d be e s t a b l i s h e d       for     taking         i n t o account             the    p o s s i b i l i t i e s of
     c o n s u m p t i o n o f t h e s e goods             i n each o f the                Member        States.
 4.  It     is   proposed         that      the     proposal           for a Council                 R e g u l a t i o n opening         the
     Community t a r i f f            quota       described            above        s h o u l d be       approved.
 Annex      : 1 proposal            for     a    regulation
 ---pagebreak---                                               Proposal for a
                                    COUNCIL REGULATION (EEC) !
               opening, allocating and providing for the administration of a Community tariff
               quota for fresh table grapes, falling within subheading ex 08.04 A I of the
                           Common Customs Tariff and originating in Cyprus (1983)
T H E C O U N C I L OF T H E E U R O P E A N                 ments of the Member States, calculated by reference to
COMMUNITIES,                                                 the statistics for imports from Cyprus over a represen­
                                                             tative reference period and also to the economic
                                                             outlook for the quota period i n question ;
Having regard to the Treaty establishing the European
Economic Community, and i n particular Article 113
thereof,
                                                             Whereas, however, neither Community nor national
                                                             statistics showing the breakdown for the products in
                                                             question are available and no reliable estimates of
Having regard to the proposal from the Commission,           future imports can be made ; whereas, i n these circum­
                                                             stances, the quota volumes should be allocated i n
                                                              initial shares, to take into account demand for these
                                                              products on the markets of the various Member States ;
Whereas Article 2 of the Protocol concerning the
arrangements to be applied during 1981, in the
 framework of the Decision adopted by the E E C -
 Cyprus Association Council on 24 November 1980               Whereas, in order to take into account import trends
 establishing the process into the second stage of the        for the products concerned in the various Member
Association        Agreement    between      the European     States, the quota amount should be divided into two
 Economic Community and the Republic of Cyprus ('),           instalments, the first being shared among the Member
 provides for the opening of a Community tariff quota         States and the second constituting a reserve to cover at
 of 7 000 tonnes of fresh table grapes, falling within        a later date the requirements of the Member States
 subheadings ex 08.04 A l a ) and b) of the C o m m o n       which have used up their initial quota shares ; whereas,
 Customs Tariff and originating in Cyprus, at rates of         in order to give importers in each Member State a
 customs duty equal to 40 % of the customs duty in             certain degree of security, the first instalment of the
 the C o m m o n Customs Tariff, for the period 8 June to      Community quota should under the circumstances be
 31 July 1981 ;                                                fixed at 93 % of the quota volume ;
                                                          2
  Whereas Articled of Regulation (EEC) No3532/82( ),
  provides for a pro rata tempons extension of these           Whereas the Member States' initial shares may be used
  arrangements until 30 June 198j ; whereas, however, it       up at different times ; whereas, in order to take this
  is appropriate with a view to maintaining traditional        fact into account and avoid any break in continuity,
  trade, to provide for the opening of the whole of the        any Member State which has almost used up its initial
  tariff quota and for the period 8 June to 31 July 198 3;      quota share should draw an additional share from the
                                                                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
  Whereas it is i n particular necessary to ensure for all      reserve allows ; whereas the initial and additional
  Community importers equal and uninterrupted access            shares must be valid until the end of the quota period ;
  to the abovementioned quota and uninterrupted appli­          whereas the method of administration requires close
  cation of the rate laid down for that quota to all            cooperation between the Member States and the
  imports of the products concerned into all Member             Commission, and the latter must be i n a position to
  States until the quota has been used u p ; whereas,           monitor the extent to which the quota volumes have
  having regard to the above principles, the Community          been used up and to inform the Member States
  nature of the quota can be respected by allocating the        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 i n question,
   such allocation should be i n proportion to the require-     Whereas if, at a given date i n the quota period, a
                                                                 substantial quantity of the initial share remains unused
   (1) OJ No L 174, 30. 6. 1981, p. 28.                          in any Member State, it is essential that that Member
   (2) OJ No L 371, 30. 12. 1982, p . 2 .                        State should return a significant proportion to the
 ---pagebreak---                                                              -2-
reserve to prevent a part of any tariff quota frcm                      HAS A D O P T E D THIS R E G U L A T I O N :
remaining unused in one Member State when it could
be used in others ;
Whereas, since the K i n g d o m of Belgium, the                                                    Article  1
K i n g d o m of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by the                         1.      From 8 June to 31 July 1983 the Common
Benelux Economic U n i o n , any operation relating to                  Customs Tariff duties for the products listed below,
the administration of the quota shares allocated to that                originating in Cyprus, shall be partially suspended at
economic union may be carried out by any of its                         the level:: shown below, within the limits of a
 members,                                                                Community tariff quota of 7 000 tonnes :
                        CCT
                      heading                                    Description                                Rate of duty
                         No
                       08.04            Grapes fresh or dried :
                                        A. Fresh :
                                           1. Table grapes :
                                              a) From 1 November to 14 July:
                                                  ex 2. Other :
                                                  — From 8 June to 14 July                                     7-2 %
                                           ex b) From 15 July to 31 October:
                                                   — From 15 July to 31 July                                   8-8 %
 W i t h i n the limits of this tariff quota, Greece shall                minus the portion returned to the corresponding
 apply customs duties calculated in accordance with the                   reserve where Article 5 has been applied, has been
 relevant provisions of the 1979 Act of Accession and                     used up, then, to the extent permitted by the amount
 of the Protocol to the Agreement establishing an Asso­                   of the reserve, that Member State shall forthwith, by
 ciation between the European Economic Community                          notifying the Commission, draw a second share equal
 and the Republic of Cyprus consequent on the acces­                      to 15 % of its initial share, rounded up where neces­
 sion of the Hellenic Republic to the Community (').                      sary to the next unit.
                               Article  2
                                                                           2.    If, after its initial share has been used up, 90 %
  1.      The Community tariff quota referred              to i n          or more of the second share drawn by a Member State
  Article 1 shall be divided into two tranches.                            has been used up, then, to the extent permitted by the
  2.       The first tranche, amounting to 6 500 tonnes,                   amount of the reserve, that Member State shall, in
  shall be allocated among the Member States; the                          accordance with the conditions laid down in paragraph
  shares, which subject to Article 5 shall be valid until                  1, draw a third share equal to 7-5 % of its initial share,
  31 July 198 3 shall be as follows:                                       rounded up where necessary to the next unit.
              Benelux                        200    tonnes
              Denmark                        200    tonnes
                                                                           3.    If, after its second share has been used up 90 %
              Germany                        200    tonnes
                                                                           or more of the third share drawn by a Member State
              Greece                            2   tonnes
                                                                           has been used up, that Member State shall, i n
              France                            2   tonnes
                                                                           accordance with the conditions laid down in paragraph
              Ireland                        200    tonnes
                                                                           1, draw a fourth share equal to the third.
              Italy                             2   tonnes
              United K i n g d o m         5 700    tonnes
   3.      The second tranche amounting to 494 tonnes,                     This process shall continue until the reserve is used
   shall constitute the reserve.                                           up.
                                Article  3
                                                                           4.     By way of derogation from paragraphs 1, 2 and 3,
    1.      If 90 % or more of a Member State's initial share               a Member State may draw shares smaller than those
   as specified in Article 2 (2), or 90 % of that share                     fixed in those paragraphs if there is reason to believe
                                                                            that they might not be used up. It shall inform the
   (1) O J No L 174, 30. 6. 1981, p. 2.                                     Commission of its reasons for applying this paragraph.
 ---pagebreak---                                                     -3-
                         Article  4                                                  Article   7
Each of the additional shares drawn pursuant          to     1.     The Member States shall take all measures neces­
Article 3 shall be valid until 31 July 1983.                 sary to ensure that additional shares drawn pursuant to
                                                             Article 3 are opened i n such a way that imports may
                                                             be charged without interruption against their accumu­
                         Article  5
                                                             lated share of the tariff quota.
The Member States shall return to the reserve, not later
than 15 July 1983, such unused portion of their initial      2.     The Member States shall ensure that imports of
share as, on 10 July 1983, is in excess of 20 % of the       the products in question
initial volume. They may return a larger quantity if          have free access to the si          allocated to them.
there are grounds for believing that this quantity may
                                                              3.    The Member States sh. . barge the imports of
 not be used.
                                                              the products concerned agai.           their shares as and
 The Member States shall notify the Commission, not           when the products are entered           th customs authori­
 later than 15 July 1983, of the total quantity of the        ties for free circulation.           '
 products in question imported up to 1.0 July 1983 and        4.     The extent to which a M e n u , r State has used up
 charged against the tariff quota and of any quantity of       its share shall be determined on the basis of the
 the initial shares returned to the reserve.                   imports 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.
  State of the extent to which the reserve has been used
  up.
                                                                                       Article    9
  It shall inform the Member States, not later than 20
  July 1983, of the amount in the reserve after quantities      The Member States and the Commission shall
  have been returned thereto pursuant to Article 5.              cooperate closely to ensure that this Regulation is
                                                                 complied with.
   It shall ensure that the drawing which exhausts any
   reserve does not exceed the balance available and, to                               Article    10
   this end, notify the amount of that balance to the
   Member State making the last drawing.                         This Regulation shall enter into force on 8 June 198 3 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                              The President