CELEX: 51981PC0477
Language: en
Date: 1981-09-29
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried figs, falling within subheading ex 08.03 B of the Common Customs Tariff and originating in Spain (1982)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and originating in Spain (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 477
Vol. 1981/0144
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)477 final
                                                Brussels , 29 September 1981
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
          opening , allocating and providing for the administration
                  of a Community tariff quota for dried figs ,
                      falling within subheading ex 08.03 B
      of the Common Customs Tariff and originating in Spain ( 1982 )
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
          opening , allocating and providing for the administration
                 of a Community tariff quota for dried grapes
                   falling within subheading 08.04 B I of the
            Common Customs Tariff and originating in Spain ( 1982 )
                                  /. ■
                 ( submitted to the Council by the Commission )
                                  χ
  C0M ( 81 ) 477 final
 ---pagebreak---                                                            Cowj Vj
                                  EXPLANATORY MEMORANDUM
1 . The Agreement between the European Community and Spain , • completed by
     the Protocol to this Agreement consequent on the accession of Greece ,
     provides for the opening of Community tariff quotas for the importa­
     tion into the Community of the following products , originating in
     Spain , at the quota duties specified below :
CCT Heading N°        Product             Annual Volume            Quota Duty
ex 08.03 Β         Certain dried figs           200 t       30 % of the CCT duty
     08.04 Β I     Certain dried grapes       1 700 t       Exempt
               I
2 . From 1 July 1977 the quota volume for dried grapes has been increased
     1900 tonnes .                    -
3 . The Regulations provide , in the usual way , for the splitting up of the ~
     tariff volumes into two parts , the first of which will be allocated
   ' among the Member States as quota shares and the second will be kept
     as a reserve . '         v         -  .                                  -
4 . The. allocation of the first parts of the quotas has been undertaken
     according to the rules generally applied hitherto ..      v *   .
5 . The proposed Regulation provide for a single method of administration
     to be applied by all Member States • namely the " as and when " method .
Annexes : -2 proposals for regulations of the Council .
 ---pagebreak---                                                                                           ANNEX A
                                                          Proposal for a
                                         COUNCIL REGULATION (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               dried figs falling within subheading ex 03.03 B of the Common Customs Tariff and
                                                originating in Spain ( 1982s
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 1 1 3 thereof,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European
 Economic Community and Spain was ^yncluded on
 29 June 1970 (')       and a Protocol annexed to
 this Agreement consequent on the acce­
 ssion of the Hellenic Republic to the
 Community . herinafter                      referred to
 as     the " Protocol " ;
 Whereas the Community committed itself, under this
 Agreement, to opening an annual Community tariff
 quota of ^00 tonnes of dried figs falling within sub­
 heading ex 08.03 B of the Common Customs Tariff
 and originating in Spain and imported in immediate
 packings of a net capacity of 15 kilograms or less ;
 whereas the duty to be applied under the quota has
 been fixed at 30 % of the Common Customs Tariff
 duty ; whereas this Community tariff quota should be
 opened for 198 2;
 Whereas it is in particular necessary to ensure for all                     »
  Community importers equal and uninterrupted access
  to the abovementioned quota and uninterrupted
  application of the rates laid down for that quota to all
  imports of the products concerned into all Member
  States until the quota has been used up ; whereas,
  having regard to the above principles, the Community
  nature of the quota'can be respected by allocating the
  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 in
   question , such allocation should be in proportion to
   the requirements of the Member States, calculated by
   reference to the statistics for imports from Spain over
  a representative reference period and also to the
   economic outlook for the quota period in question ;
  (' ) OJ No L 182, 16. 8 . 1970 , p. 2.
 ( 2)0J NO L
 ---pagebreak---                                              - 1 -               ANNEX A
Whereas, during the last three years for which
statistics arc available, the corresponding imports by
each of the Member States represent the following
percentages of the imports into the Community from
Spain of the products concerned :
         Member States                 1978       1979    1980
Benelux                                            8-0
Denmark                                 –          –
                                                            ..
Germany                                96-7      86-0   1 00(=32
Greece                                  –          –
                                                            -
France                                  3-3      ' 6-0
Ireland                                 –          –
                                                            -
Italy                         ~         –          –
                                                            _
United Kingdom                          –          –
Whereas , in view of these factors and of the estimates
submitted by certain Member States as well as the
practical need to ensure that the obligations
contracted under the Agreement concerned are
allocated fairly among the Member States, initial
quota shares may be fixed approximately at the
following percentages :
         Benelux                             6-7
         Denmark                             6-7
         Germany                            46-7
         Greece                              3-3
         France                             20-0-
        Ireland                              3-3
         Italy                               3-3
         United Kingdom                     10-0
Whereas, in order to take into account import trends
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
States and the second constituting a reserve to cover
at a later date the requirements of the Member States
which have used up their initial quota shares ;
 ---pagebreak---                                                        - 3 -                                     ANNEX A
whereas, in order to give importers in each Member                                   Article 2
                                                                                    \
State a certain security, the first instalment of the
Community quota should under the circumstances be           1 . A first instalment, amounting to 150 tonnes of
fixed at 75 % of the quota volume ;                 ■.      the Community tariff quota referred to in Article 1 ,
                                                            shall be shared among the Member States, tbe
                                                            respective shares, which subject to Article 5 shall be
Whereas the Member States' initial share may be used        valid until 31 December 1982 , shall be as follows :
up at different times ; whereas, in order to take this
fact into account and avoid any break in continuity,                                                     (tonnes)
any Member State which has almost used up its initial                Bénélux                                 10
quota share, should draw an additional share from                    Denmark                                 10
the reserve ; whereas this must be done by each
Member State as and when each of its additional                      Germany        \                        70
shares is almost used up, and repeated as many times                 Greece                                   5
as the reserve allows ; whereas the initial and                      France                                  30
additional shares must be ^valid until the end of the                Ireland                                  5
quota period ; whereas this method of administration
requires close cooperation between the Member                        Italy                                    5
States and the Commission, and the latter must be in                 United Kingdom                          15
a position to monitor the extent to which the quota
volume has been used up and to inform the Member
States thereof;                                             2.     The second instalment of        50   tonnes    shall
                                                            constitute the reserve.
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member
State, it is essential that that Member State should                                 Article 3
return a significant proportion to the reserve to
prevent a part of any tariff quota from remaining            1.    If 90 % or more of a Member State's initial
unused in one Member State when it could be used in         share as specified in Article 2 ( 1 ), or 90 % of that
others ;                                                    share minus the portion returned to the reserve where
                                                            Article 5 has been applied, has been used up, then, to
                                                            the extent permitted by the amount of the reserve,
Whereas, since the Kingdom of Belgium, the                  that Member State shall forthwith, by notifying the
Kingdom of the Netherlands and the Grand Duchy              Commission, draw a second share equal to 15 % of-
of Luxembourg are united within and jointly                 its initial share, rounded up where necessary to the
represented by the Benelux Economic Union, any              next unit.                                          ,
operation relating to the administration of the quota
shares allocated to that economic union may be              2. If, after its initial share has been used up, 90 %
carried out by any of its members,                          or more of the second share drawn by a Member
                                                            State has been used up, then that Member State shall,
                                                            in accordance with the conditions laid down in
                                                            paragraph , 1 , draw a third share equal to 7-5 % of its
HAS ADOPTED THIS REGULATION :                               initial share, rounded up where necessary to the next
                                                            unit.
                        Article 1                           3. If, after its second share has been used up, 90 %
                                                            or more of the third share drawn by a Member State
From 1 January to 31 December 1982           Common         has been used up, • that Member State shall, in
Customs Tariff duty in respect of dried figs falling        accordance      with  the   conditions   laid    down    in
within subheading ex 08.03 B and originating in Spain       paragraph 1 , draw a fourth share equal to the third.
and imported in immediate packings of a net capacity        This process shall continue until the reserve is used
not exceeding 15 kilograms shall be partially
                                                             up .
suspended at 3 % within the,limits of a Community
tariff quota of 200 tonnes.
                                                             4. By way of derogation from paragraphs 1 , 2 and
                                                             3, a Member State may draw shares smaller than
Within the limits of this tariff quota, Greece shall         those fixed in those paragraphs if there is reason to
 apply customs duties calculated in accordance with          believe that they might not be used up. It shall inform
 the relevant provision in the 1979 Act of Accession         the Commission of its reasons for applying this
 and in the Protocol                                         paragraph.
 ---pagebreak---                                                            - 4 -
                                                                                                ANNEX A
                            Article 4                                                    Article 7
The additional shares drawn pursuant to Article 3               1.   The Member States shall take all measures
 shall be valid until 31 December 198?.                        necessary to ensure that additional shares drawn
                                                               pursuant to Article 3 are opened in such a way that
                                                               imports may be charged without interruption against
                                                               their accumulated shares of the tariff quota.
                            Article 5
                                                               2.    The Member States shall ensure that importers
The Member States shall return to the reserve, not             of the products in question established in their
 later than 1 October 1982, such unused portion of             territory have free access to the shares allocated to
their initial shares as, on 15 September 1982 ; is in          them .
excess of 20 % of the initial volume. They may return
 a larger quantity if there are grounds for believing          3 . The Member States shall charge the imports of
that this quantity may not be used .                           the products concerned against their shares as and
                                                               when the products are entered with customs auth­
The Member States shall notify the Commission, not             orities for free circulation .    -
later than 1 October 1982, of the total quantities of
the products in question imported up to 15 September           4.    The extent to which a Member State has used
 1982 and charged against the tariff quota and of any          up its share shall be determined on the basis of the
quantity of the initial shares returned to the reserves.       imports charged in accordance with paragraph 3 .
                                                                                         Article 8               .
                            Article 6
                                                               At the Commission's request, the Member States shall
The Commission shall keep an account of the shares             inform it of imports actually charged against their
opened by the Member States pursuant to Articles 2             shares.
and 3 and , as soon as it is notified , shall inform each
State of the extent to which the reserve has been used
up .                                     -                                               Article 9
It shall inform the Member States, not later than 5            The    Member     States   and    the  Commission   shall
October 1982 ,          t^le amr 'jnt in the reserve after     cooperate closely to ensure that this Regulation is
quantities have been returned thereto pursuant to              complied with.
Article 5 .
                                                                                        Article 10
It shall ensure that the drawing which exhausts any
reserve does not exceed the balance available and, to
this end , notify the amount of that balance to the            This Regualtion shall enter into force on 1 January
Member State making the last drawing.                          1982 ,    .
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .                                                    -v
               Done at Brussels ,
                                                                                      For the Council
                                                                                        The President
 ---pagebreak---                                                                                          ANNEX     B
                                                    Proposal for         a
                                             COUNCIL REGULATION (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and
                                                     originating i» Spain ( 19S2)
THE COUNCIL OF THE EUROPEAN                                                                            -
COMMUNITIES,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 1 1 3 thereof,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European
Economic Community and Spain (') w^ concluded
on 29 June 1970 , and a Protocol annexed to
this Agreement consequent on the acce­
ssion of the Hellenic Republic to the
Community ,            herinafter               referred to
as        the " Protocol ";
 Whereas the Community committed itself, under this
Agreement, to opening an annual Community tariff
 quota of 1 900 tonnes of dried grapes falling within
 subheading 08.04 B I of the Common Customs Tariff                                -
 and originating in Spain and imported in immediate
 packings of a net capacity of 15 kilograms or less ; whereas this Community tariff quota
should be opened for ,1982 ;                                .
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to the abovementioned quota and uninterrupted
 application of the rates laid down for that quota to all
 imports of the products concerned into all Member                                ■ '
 States until the quota has been used up ; whereas,
 having regard to the above principles, the Community
 nature of the quota can be respected by allocating the
 Community tariff quota among the Member States ;
 whereas, in order to reflect as accurately as possible
 the true tiend 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 from Spain over
  a representative reference period and also to the
  economic outlook for the quota period in question ;
 Whereas, during the last three years for which
  statistics are available, the' corresponding imports by
  ( ' ) OJ No L 182 , 16 . 8 . 1970 , p. 2 .
  ( 2 ) 0J No L : . . . .
 ---pagebreak---                                                  - 2 -            ANNEX B
each of the Member States represent the following
percentages of the imports into the Community from
Spain of the products concerned :
         Member States                  1978        1979
                                                          1980
Benelux                                   4           3
                                                              5
Denmark                                  –            1       1
Germany                                   7           2       1
Greece                                   –                 -  -
France                                   52          58      86
Ireland                                  32          21       2
Italy                                     4           9       2
United Kingdom                            1           6
                                                              3 ,
Whereas, in view of these factors and of the estimates
submitted by certain Member States, initial quota
shares may be fixed approximately at the following
percentages :
         Bénélux                           , - 9-9
         Denmark                               1-0
         Germany                               3*6
         Greece                                0*6
         France                              42 - 1
         Ireland                "              0-6
         Italy                                 8-0
         United Kingdom                      34-2
Whereas, in order to take into account import trends
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
States and the second constituting a reserve to cover
at a later date the requirements of the Member States
which have used up their initial quota shares ;
whereas , in order to give importers in each Member
 State a certain degree of security, the first instalment
of the Community quota might under the circum­
stances be fixed at 80 % .of the quota volume ;
Whereas the Member States' initial shares may be
 used up at different times ; whereas, in order to take
 ---pagebreak---                                                       - 3 -                                  ANNEX B
 this fact into account and avoid any break in              respective shares which , subject to Article 5 shall be
 continuity, any Member State which has almost used         valid until 31 December 1982, shall be as follows :
 up its initial quota share, should draw an additional
                                                                                                          (tonnes)
 share from the reserve ; whereas this must be done by
 each Member State as and when each of its additional                 Bénélux                                 150
 shares is almost used up, and repeated as many times                 Denmark                                    15
 as . the  reserve allows ; whereas the     initial and
 additional shares must be valid until the end of the
                                                                      Germany                                  • 55
                                                                      Greece                                     10
 quota period ; whereas this method of' administration
 requires close cooperation between the Member                        France                                , 640
 States and the Commission, and the latter must be in                 Ireland                                    10
 a position to monitor the extent to which the quota
volume has been used up and to inform the Member                      Italy                                   120
 States thereof;                                                     United Kingdom                           520
                                                            2.     The second instalment of 380 tonnes shall
Whereas if, at a given date in the quota period, a
                                                            constitute the reserve.
substantial quantity remains unused in any Member
State, it is essential that that Member State should
return a significant proportion to the reserve to
prevent a part of any tariff quota from remaining                                      Article 3
unused in one Member State when it could be used in
others ;'                         I
                                                 ?          1.     If 90 % or more of a Member State's initial
                                                            share as specified in Article 2 ( 1 ), or 90 % of that
                                                            share minus the portion returned to the reserve where
Whereas, since the Kingdom of Belgium , the                 Article 5 has been applied, has been used up, then, to
Kingdom of the Netherlands and the Grand Duchy              the extent permitted by the amount of the reserve,
of Luxembourg are united within and jointly                 that Member State shall forthwith, by notifying the
represented by the Benelux Economic Union, any              Commission, draw a second share equal to 15 % of
operation relating to the administration of the quota       its initial share, rounded up where necessary to the
shares allocated to that economic union may be              next unit.
carried out by any of its members,
                                                            2. . If, after its initial share has been used up, 90 %
                                                            or more of the second share drawn by a Member
                                                            State has been used up, then that Member State shall,
HAS ADOPTED THIS REGULATION :                               in accordance with the conditions laid down in
                                                            paragraph 1 , draw a third share equal to 7-5 % of its
                                                            initial share, rounded up where necessary to the next
                        Article 1                           unit.
From 1 January to 31 December 1982 the Common               3.     If, after its second share has been used up, 90 %
Customs Tariff duty in respect of dried grapes falling      or more of the third share drawn by a Member State
within subheading 08.04 B I and originating in Spain        has been used up, that Member State shall, in
                                                            accordance       with   the   conditions  laid      down in
and imported in immediate containers of a net
capacity not exceeding 15 kilograms shall be entirely       paragraph 1 , draw a fourth share equal to the third .
suspended within the limits of a Community tariff           This process shall continue until the reserve is used
quota of 1 900 tonnes.                                      up .
Within the limits of this ta -iff quota, Greece shail       4. By way of derogation from paragraphs 1 , 2 and
apply custoi is duties calculated in accordance with         3, a Member State may draw shares smaller than
the relevant provisions in the 1979 Act of Accession         those fixed in those paragraphs if there is reason to
and in the Protocol                                         believe that they might not be used up. It shall inform
                                                            the Commission of its reasons for applying this
                                                            paragraph.
                        Article 2
                                                                                       Article 4
 1 . A first instalment amounting to 1 520 tonnes of
the Community tariff quota referred to in Article 1         The additional shares drawn pursuant           to Article 3
shall be shared among the Member States ; the               shall be valid until 31 December 1982 .
 ---pagebreak---                                                             - 4 -                                    ANNEX B
                         Article 5                               pursuant to Article 3 are opened in such a way that
                                                                 imports may be charged without interruption against
The Member States" shall return to the reserve , not             their accumulated shares of the Community tariff
later than 1 October lvS2 , such unused portion of               quota.
their initial share as, on 15 September 1982, is in
excess of 20 % of the initial volume. They may return            2.    The Member States shall ensure that importers
a larger quantity if there ar~ grounds for believing             of the products in question established in their
that this quantity may not                                       territory have free access to the shares allocated to
                                                                 them.
The Member States shall noi.                i . mission, not
later than 1 October 1982 , °* tile toI;a' quantities of
the products in question imported up to 15 September             3.    The Member States shall charge the imports of
1982 and charged against the tariff quota and of any             the products concerned against their shares as and
quantity of the initial shares returned to the reserves.         when the products are entered with customs auth­
                                                                 orities for free circulation .
                         Article 6                               4.    The extent to which a Member State has used
                                                                 up its shares shall be determined on the basis of the
The Commission shall keep an account of the shares               imports charged in accordance with paragraph 3.
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 reserve has been used                                     Article 8
up .
                                                                 At the Commission's request, the Member States shall
It shall inform the Member States , not later than 5             inform it of imports actually charged against their
October 1982, of the amount in the reserve aft6r                 shares .
quantities have been returned thereto pursuant to
Article 5 .
                                                                                           Article 9
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and , to          The Member States and the Commission shall
this end, notify the amount of that balance to the               cooperate closely to ensure that this Regulation is
Member State making the last drawing.                            complied with.
                         Article 7                                                        Article 10
 1.   The Member States shall take all measures                 This Regulation shall enter into force on 1 January
necessary to ensure that additional shares drawn                 1982 .                           V'
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .     •              ^                  •
              Done at Brussels,
                                                                                        ,For the Council
                                                                                          The President