CELEX: 51981PC0482
Language: en
Date: 1981-09-14
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 08.04 B I of the Common Customs Tariff and originating in Cyprus (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 482
Vol. 1981/0145
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(81)482 final
                                                  Brussels , 14 September 1981
                              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 08.04 B I of the Common Customs Tariff and originating
                             in Cyprus ( 1982 )
                ( submitted to the Council by the Commission )
C0M(81 ) 482 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM                           ,
1 . Article 1 of the Protocol concerning the arrangements to be applied
during 1981 in the framework of the Decision adopted by the Association
Council on 24 November 1980 establishing the process into the second
stage of the Association Agreement between the European Economic Community
and the Republic of Cyprus , as supplemented by'the Protocol of Adaptation
to that Agreement to take account of the accession of the Hellenic
Republic , lays down        _
- x>n the one hand , that the provisions of the 1978 Supplementary
   Protocol shall be applicable during 1981 , and
- on the other hand , that the contracting parties shall enter into
   negotiations early in 1981 for the purpose of establishing the trade
   arrangements to be applied in 1982 and 1983 .         ■ *    t/
Pending the conclusion of these negotiations and the entry into force
of the trade arrangements to be applied in 1982 , it is important to extend
the validity of the arrangements laid down in the abovementioned
Supplementary Protocol . The Protocol' provides for the opening of an
annual duty-free Community tariff quota of 500 tonnes of certain 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 .
In consequence , it is advisable to open the Community tariff quota
described above for the period from 1 January to 31 December 1982 .
2 . The provisions of the Regulation lay down that the quota volume shall
be divided into two instalments , the first to be allocated among the
Member States and the second to constitute the Community reserve .
As regards the allocation of the volume of the first instalment of the ,
tariff quota , it should be pointed out that this was carried out on the "
basis of the rules generally applied so far . Thus the sum of the imports
by each Member State during the period from 1978 to 1980 was proportional
to the Community imports over the same period . _ The percentages resulting
from this were applied - per Member State - to the volume of this initial
quota by rounding up the last figures expressed in tonnes .
3 . As regards the method of administration to be applied by all the Member -
 States, the Commission proposes the "Greyhound system1*.
4 . Such is the purpose of the appended proposal .
 ---pagebreak---                                      -2-
5 . The tariff quota in question is still likely to be modified in the
  light of the results of the current negotiations . Until these results
 are available , the Regulation proposed will be the instrument which will
 make it possible to fulfil the commitment entered into by the Community .
 The Commission thus reserves the right to amend its proposal while it is
 still going through channels in order to adapt it , if necessary , to the
 new arrangements .
 ---pagebreak---                                      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 08.04 B I of the Common Customs Tariff quota and
           originating in Cyprus ( 1982 )
THE
ThE COUNCIL
        COUNCIL OF
                 OF THE
                    THE EUROPEAN
                        EUROPEAN              Whereas the abovement ioned Supplement
COMMUNITIES
COMMUNITIES ^  .                         ,   ary Protocol prov.ides for the opening
                                             of an annual, duty-free Community '
Having regard to the Treaty . •               tariff quota of 500 tonnes of certain
establishing the European Economic            dried grapes falling within , sub-
Community /, and in particular Arti Article   heading 08.04 B I of the Common.'
113 thereof/                 .      ' ;       Customs Tariff and originating in
                                              Cyprus' ; whereas this Community tariff
Having regard to the proposal from           quota should be opened for the period
the Commission /                              from 1 January to 31 December 1982 .
Whereas Article 1 of the Protocol              Whereas it is in particular necessary to ensure for all
                                                Community importers equal and uninterrupted access
concerning the arrangements to be
                                                to the abovcrnentioned quota and uninterrupted
applied during 1981 in the framework            application of the rates laid down for that quota to all
of the Decision adopted by the                  imports of the products concerned into all Member
Association Council on 24 November              States until the quota- has been used up ; whereas,
1980 establishing the process into              having regard to the above principles, the Community
the second stage of the Association             nature of the quota can be respected by allocating the
Agreement between the European •                Community tariff quota among the Member States ;
Economic Community and the Republic            •whereas, in order to reflect as accurately as possible
                                                the true trend of the market in the products in
of Cyprus(1 )/ as supplemented by.th'e ;      •question , such allocation should be in proportion to
Protocol ( 2 ") adapting that                   the requirements of the Member States , calculated by
Agreement to take account of -the            /reference to the statistics tor imports from Cyprus
accession of the Hellenic Republic * -        .over a representative reference period and also to ihe
lays down, on the one hand , that the          economic outlook for the quota period in question ;
provisions of the Supplementary
Protocol to the Agreement establish -, Whereas , during the last three years for which
ing an Association between the             ' statistics are. available, the corresponding imports by
European Economic Community and the             each of the Member States represent the following
Republic of Cyprus(3 ) shall be                 percentages of the imports into the Community from
applicable for 1981 and , on the                Cyprus of the products concerned :
other hand , that the contracting
parties shall enter into negotiations-             .
early in 1981 ' for the purpose of                       Member States         1978       1979        ■1980 '
establishing the trade arrangements '
to be applied in 1982 and 1983 ;                Benelux                ' . .      1 ■ ι      2          11        .
                                                Denmark                        -  –         –"    -      –
 Whereas , pending the establishment
                                                Germany                     ,·    –         –
 of such arrangement ^, it is advisable
 to extend provisionally for 1982               Greece .                          –     .   – . .        – -
                                                                                                         5 ..   '
 the period of validity of the arrange­ • France              ' ' '      .        –         –
ments applicable in 1981 ; "                     Ireland     - ' ;                –   .
                                                                                          . – .     .    –
                                                 Italy            .               –                      –    -
                                                 United Kingdom                  99         98          84
  ( 1 ) 0J No
  ( 2 ) 0J No
  ( 3 ) 0J No L 172 of 28 June 1978# p. 2 .
 ---pagebreak---               In view of these fritters of mmket forecasts      HAS ADOPTED THIS REGULATION :
  for f.Jir products in question and in particular of the
  estimates submitted by certain Member States, initial
  quota shares may be fixed approximately at the i                                          Article 1
  following percentages :                                  '
                                                                            !
           Bénélux                              2-8             From 1 January to 31 December1932, the Common
           Dcnmark
                                                                Customs Tariff duty for dried grapes,- in immediate
                                                2-8
                                                                containers of a net capacity of 15 kilograms or less,
           Germany                             6-0              falling within subheading 08.04 B I of the Common
          Greece                               0-7              Customs Tariff and originating in Cyprus shall be
          France                               2-8
                                                                totally suspended within the limits of a Community
          Ireland
                                                                tariff quota of 500 tonnes.                     '
                                               2-8
                                                              Within the limits of this tariff quota, Greece shall
          Italy                                0-7             apply duties calculated in. accordance with the'
          United Kingdom                     81 Ά              relevant provisions in the 1979 Act of Accession and
                                                               the Protocol of Adaptation.                              .
 Whereas, ir, order to take into account import treYids                                    Artide 2                         ' . ■
 for the products concerned in the various Member
 States , the quota amount should be divided into two
 instalments , the first being shared among the Member 1 . - The ' Community tariff quota referred to tn
States and the second constituting a reserve to cover Article 1 shaii be divided into two instalments . • •
at a later date the requirements of the Member States
which have used . up their mittai quota shares ; 2 . A first instalment amounting to 375 tonnes shall
whereas, in order to give importers in each Member be allocated among the Member States ; the respective
State a certain degree -of security, the first instalment shares, which subject to Article 5 shall be valid until
of the Community quota should under the circum­ 31 December 19&2 shall be as follows : .
stances be fixed at 75 % of the quota volume ;                                                                  (tonnes)
                                                                        Benelux                                   10
Whereas the -Member States' initial shares may be                      "Denmark ••                                10
used up at different times ; whereas , in order to take                 Germany '                            ' . 22 V
this fact into account and avoid any break in                           Greece    :                          '     3 •
continuity, any Member State which has almost used                                                             ' 10 ' ■ .
                                                                        France
up its initial quota share should draw an additional
share from the corresponding reserve ; whereas this                     Ireland                                   10 •
must be done by each Member State as and when .                         Italy '            •                       3
each of its additional shares is almost used up, and
repeated as many times as the reserve allows ; whereas
                                                                        United Kingdom                          307
the initial and additional shares must be valid - until
the end of the quota period ; whereas this method of          3.     The. second       instalment or   125 tonnes shall
                                                             constitute the reserve.
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 '                                    Article 3                             <
the quota volume has been used up and to inform the
Member States thereof ;                             • ■
                                                              1.     If 90 % ,t?r more of ^ Member State's initial
                                                              share as specified in Article 2 (2), 'or 90 % of that
                                                             share minus the portion returned to the reserve where
Whereas if, at a given date in the quota period , a Article 5 has been applied, has been used up, then , ..to
substantial quantity remains unused in any- Member the extent permitted by the amount of the reserve,
State , it is essential that that Member State should
                                                             that Member State shall forthwith, by notifying the
 return a significant proportion to the reserve to Commission, draw a second share equal to 15 % of
 prevent a part of any tariff 'quota from remaining its initial share, rounded up where                         ary to the'
 unused in one Member State when it could be used in
                                                             .next unit.                                .  "          ■   v
 others ;                                  •
                                                              2.     If, after its initial share has been used up , 90 %
                                                              or more cf the second share drawn by a Member
 Whereas , since the Kingdom of Belgium,' the- State has been used up, then , to the extent permitted
 K.tigdorri of the Netherlands and the . Grand Duchy by the amount of the reserve, that Member State
 of Luxembourg arc united within snd jointly shall, in accordance with the conditions laid down in
 i<Y'.-sscnicd by the Benelux Economic Union, any paragraph 1 , draw a third share equal to 7-5 % of its
 operation relating to the ? dministration of ibe quota       initial share, roundaJ up where necessary to the next
 sh.ucs allocated to that economic union may be               unit.
 carrird out by any of its members,            . -.
 ---pagebreak---  3. If, after its second share has been used up, 90 %        It shall inform the Member States , not later than
or more of the third shire drawn by a Member State           5 October 1982 of the amount in the reserve after
has been used up, that Member State shall, in                quantities have been returned thereto pursuant to
accordance       with the   conditions   laid   down    in   Article 5 .
paragraph 1 , draw a fourth 'share equal to the third.
This process shall continue jtintil the reserve is used      It shall ensure that the drawing which exhausts the
                                                             reserve does not exceed the balance available and , to
" P-
                                                            this end, notify the amount of that balance to the
4.    By way of derogation from paragraphs 1 , 2 and        Member State making the last qrawing.
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                                 Article 7                  .
the Commission of its reasons for applying this
paragraph.                                                   1.   The Member States shall take all measures
                                                            necessary to ensure that additional shares drawn
                         Article 4
                                                            pursuant to Article 3 are opened in such a way that
                                                            imports may be charged without interruption against
The additional shares drawn pursuant to Article 3           their accumulated shares of the tariff quota.
shall be valid until 31 December 1982 .
                                                            2. The Member States shall ensure that importers
                         Article Ï                          of the products in question established in their
                                                            territory hav£ free access to the shares allocated to
                                                            them .          m ;     •
The Member States shall return to the reserve, not
later than I r October 1982such unused portion of           3. The Member States shall charge the imports of
their initial share as, on 15 September 1 982 's 'n         the products concerned against their shares as and
excess of 20 % of the initial volume. They may return       when the products are entered with customs auth­
a larger quantity if there are grounds for believing        orities for free circulation .
that this quantity may not be used.
                                                            4.    The extent to which a Member State has used
The Member States shall notify the Commission, not up its shares shall be determined on the basis of the
later than 1 October 1982 °f ^ tota' quantities of imports charged in accordance with paragraph 3.
the products in question imported up to 15 September
1982and charged against the tariff quota and of any
quantity of the initial shares returned to the reserve.                                 Article 8
                         Article 6                          At the Commission's request, the Member States shall
                                                            inform it of; imports of the products concerned
                                                            actually charged against their shares.       -
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2                         ' > 's
and 3 and, as soon as it is. notified, shall inform each                       r        Article 9
State of the extent to which the reserve has been used
U P- ...      . . ...                                       The    Member States          and   the  Commission shall
                                                            cooperate closely to ensure that this Regulation is
                                                            complied with.            '
                                                                                        Article 10
                                                            This Regulation shall enter into force on 1 January
                                                           '1982 .
              This Regulation shall be binding in its entirety and directly applicable in ail Member
           "" States.
              Done at Brussels, .
                                           •                          ,    M
                                             . '' *                         1     .     For the Council
                                                                                        I
                                                                                          The President