CELEX: 51977PC0256
Language: en
Date: 1977-06-14
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Tunisia (1978)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Morocco (1978) (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (77) 256
Vol. 1977/0089
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
r
    I                       ,             y i
                                                        COM(77 ) 256 final
                v                       *             s
              '                                         Brussels . 14 June 1977
                                         Proposal for a                      >   ,
                                  COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a
        Community tariff quota for apricot pulp falling within subheading
        ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff , originating
                               'in Tunisia ( 1978 )
          , ;                      ■ *
                                         Proposal for a          ■
                                                                      ,   J
                                 COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a
        Community tariff quota for apricot pulp falling within subheading
        ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff , originating
                        J              in Morocco (1978)
                                                    V                          ,     ■
                                                                                   . " *
                   ( submitted to the Council by the Commission )
  • '      ι ; . ,            ■ ,               ■ ■       . :■■■ ■ ■■.■■■· .
      ■ '   '                                 ■            Γ    / ■ . '
   COM ( 77 ) 256 final
 ---pagebreak---                                   Explanatory memorandum
                             Agreements
 1.     The Co-operation t concluded "between the European Economic Community on 'the
        one hand and the Kingdom of Morocco and the Republic of Tunisia on the other hand
        provide                      _ for the opening of annual Community tariff
        quotas for the importation into the Community of { 8,250 or
        4,300 metric tons of apricot pulp , originating in these countries ,
        falling within subheading ex 20.06 B II c) 1 aa ) of the Common Customs
        Tariff .
        The customs duties applicable within the limits of this quota are equal
        to 70% of the duties actually applied to non-member countries .
       Accordingly the tariff quota in question has to be opened for 197 8.
2.     The proposals for Regulations opening these tariff quotas make provision ,
       as is usual , for the division of each of the quota volumes into two tranches ,
       the first of which is allocated by share to the Member States , while the
       second constitutes a reserve .
      The allocation of the first tranche should be based on the rules generally
      applied , chat is , it should be related to the total imports by each Member
      State during the past three years to the Community imports over the same
     period and for each Member State the resulting percentages should be applied
     to the volume of the first tranche .
     However, in this process account was taken on the fact that certain Member
    States effected no or only occasional imports during these years . In view
    of the necessity of allocating the quota volume in an equitable manner these
    Member States were granted small percentages 'representing commercially
    exploitable shares .
 ---pagebreak--- 3.   The form of administration to be applied by all the Member States is the
     " greyhound-system".
4.   It is proposed that the proposals for Council Regulations opening the
     Community tariff quotas described above be approved .
ANNEX :
2 proposals for Regulations (EEC ) 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 apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common
                                     Customs Tariff, originating in Tunisia ( 197 8 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                      plication of the rate lard down for that quota to all
                                                              imports of the product in question into all Member ■
                                                              States until the said quota has been used up ; whereas,
                                                               having regard to the above principles, the Com­
Having regard to the Treaty establishing the Euro­             munity nature of rhe quota can be respected by
pean Economic Community, and in particular                     allocating the tariff quota among the Member States ;
Articles 43 and 113 thereof,                                   whereas, to reflect most accurately the actual
                                                               development of the market in the products in
                                                               question, such allocation should be in proportion
                                                               to the requirements of the Member States, assessed
Having regard to the proposal from the Commission,             by reference both to the statistics relating to imports
                                                               of the said product from Tunisia over a representa­
                                                               tive reference period and to the economic outlook for
Having regard to rhe opinion of the European                   the quota period concerned ;
Parliament (' ),
Whereas the Co-operation Agreement
between the European Economic
                                                                Whereas, during the last three years for which stati­
Community and the Republic of                                  stics are available, the corresponding imports of each
Tunisia , signed on 25 April 1976 ,                             Member State represent the following percentages of
provides for ^ opening by the Community of an                  imports into the Community from Tunisia of the
   annual Community tariff quota of 4 300 tonnes                products concerned :
   of apricot pulp falling within subheading ex 20.06 B
   II c) 1 aa) of the Common Customs Tariff,
   originating in Tunisia ; whereas the customs duties                                     1974     1975       1976
   applicable to the quota are equal to 70% of the
   customs duties actually applied to non-member
   countries ; whereas the Community tariff quota in            Bénélux                     3-4      3-8        7.1
   question should therefore be opened for                      Denmark
  1978 ;
                                                                Germany                     2-5
                                                                France                    94 - 1    95-2      92.9
Whereas it is in particular necessary to ensure equal           Ireland
and uninterrupted access for all importers in the               Italy                                10
Member States to the quota and uninterrupted ap-
                                                                United Kingdom
                       1
 (M OJ No C
                                                                Whereas both these percentages and the estimates
                                                                from certain Member States should be taken into
                                                                account as well as the need to ensure that, in the
                                                                circumstances, the obligations contracted under the
                                                                Agreement concerned are allocated fairly among all
                                                                the Member States; whereas the approximate
 ---pagebreak---                                                                     - 2 -
 percentages of the initial quota shares may therefore    economic union may be carried out by any of its
 be fixed as follows :                                    members,
          Bénélux                              10
          Denmark                               5         HAS ADOPTED THIS REGULATION:
          Germany                              10
         France                                62
                                                                                   Article 1
          Ireland                               3
         Italy                                  5         1 . From 1 January until 31 December 197o, a Com­
         United Kingdom                         5         munity tariff quota of 4 300 tonnes               shaH be
                                                          opened in the Community for apricot pulp falling
                                                          within subheading ex 20.06 B II c) 1 aa) of the
                                                          Common Customs Tariff, originating in Tunica.
Whereas, in order to take account of future trends in
imports into the various Member States of the
product concerned, the quota should be divided into       2. Within the limits of this tariff quota the Common
two instalments, the first instalment being allocated     Customs Tariff duty applicable to these products
among all the Member States and the second forming        shall be suspended at a rate of 11-9% .
a reserve intended to cover any subsequent require­
ments of Member States which 'have used up their
initial shares ; whereas, > in order to ensure a certain
degree of security for importers in each Member
State, the first instalment of the Community tariff
quota should 'be set at 66% of the quota:
Whereas Member States may use up their initial                                     Article 2
shares at different rates ; whereas, to provide for this
eventuality and to avoid disruption of supplies, any      1. A first instalment, amounting to 2 840 tonnes
Member State which has almost used up its initial         of the Community tariff quota referred to in Article 1 ,
share should draw an         additional share from the    shall be allocated among the Member States; the
reserve; whereas this should be done by each              shares, which subject to Article 5 shall be valid until
Member State when each of its additional shares           31 December 1978 , shall be as follows :
has been almost used up, and so on as many times
as the reserve allows ; whereas the initial and ad­               Bénélux                   280    tonnes ,
ditional shares should be valid until the end of the
quota period ; whereas this form of administration                Denmark                   140    tonnes ,
requires close collaboration 'between Member States               Germany                   280    tonnes ,
and the Commission, and the Commission must be
                                                                  France                  1 760    tonnes ,
in a position to keep a record of the extent to which
 the quota has been used up and to inform the                     Ireland                   100    tonnes ,
 Member States accordingly ;                                      Italy                     140    tonnes ,
                                                                  United Kingdom             140 . tonnes.
 Whereas if, at a given date in the quota period, a con-,
 siderable quantity of a Member State's initial share      2. The second instalment of 1 460 tonnes             shall
 remains unused, it is essential that that Member          constitute the reserve.
 State should return a significant proportion to the
 reserve so as to prevent a part of the quota from
 remaining unused in one Member State when it could
  be used in others ;                                                               Article 3
                                                           1. If 90% or more of any Member State's initial
  Whereas, since the Kingdom of Belgium, the Kingdom       share as fixed in Article 2 ( 1 ), or 90% of that share
  of the Netherlands and the Grand Duchy of Luxem­         less any portion returned to the reserve, where
  bourg are united in and represented by the Benelux       Article 5 has been applied, has been used up that
  Economic Union, any measure concerning the admin­         Member State shall forthwith, by notifying the Com­
  istration of the quota shares allocated to that           mission, draw a second share equal to 15% of its
 ---pagebreak---                                                     - 3 -
initial share, rounded up where necessary to the next        and 3 and, as soon as it has been notified, shall
whole mifiibef, to the extent that the reserve so            inform each Member State of the extent to which the
permits.                                                     reserve has been used up.
                                                              It shall inform the Member States, not later than
 2. If after its initial share has been used up, 90% or       5 October 1978;, of the state of the reserve after
 more of the second share drawn by a Member State             amounts have been returned thereto pursuant to
 has been used up, that Member State shall, in                Article 5 .
 accordance with the conditions laid down in para­
 graph 1, draw a third share equal to 7-5% of its
 initial share.                                                It shall ensure that the drawing which exhausts the
                                                               reserve does not exceed the balance available and to
 3. If after its second share has been used up, 90%            this end shall specify the amount thereof to the
  or more of the third share drawn by a Member State            Member State making the final drawing.
  has been used up, that Member State shall, in accord­
  ance with the same conditions, draw a fourth share
  equal to the third.                                                                     Article 7
   This procedure shall apply until the reserve is used          1 . Member States shall take all appropriate measures
   up .
                                                                 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
        Notwithstanding paragraphs 1 , 2 and 3 , Member           aggregate shares of the Community quota.
   Sr.ites may draw smaller shares that* those specified
   therein if there are grounds for believing that ffhose
    spee ded may not be used in full. They shall inform           2. Member States shall ensure that importers of the
   the Commission of their reasons for applying this              products in question established in their territory-
    paragraph.                                                     have free access to the shares allocated to them .
                             Article 4                             3. Member States shall charge imports of the said
                                                                    products agaiinst their shares as and when the product
     Each of the additional shares drawn pursuant to                in question is entered for home use.
     Article 3 shall be valid until 31 December 1978 -
                                                                    4. The extent to which a Member State has used up
                                                                    its share shall be determined on the basis of the
                              Article S                             imports charged in accordance with paragraph 3.
     Member States shall return to the reserve, not later
     than 1 October 1978 , the unused portions of their                                     Article 8
     initial shares which, on 15 September 1978, are in
     excess of 20% of the initial amounts. They may
     return a greater portion if there are grounds for              At the Commission's request, Member States shall
      believing that such portions may not 'be used in full.         inform it of the imports actually charged against their
                                                                     shares.
     Member States shall notify the Commission, not later
     than 1 October 1978, of the total quantity of the                                      Article 9
     product in question imported up to and including
      15 September 1978, and charged against tlx: Com­              The Member States and the Commission shall
      munity quota and of any portion of 'tfheir initial            cooperate closely to ensure that this Regulation is
      shares returned to the reserve.
                                                                    complied with.
                              Article 6                                                    Article 1 C
                                                                     The Member States shall forward to the
     The Commission shall keep an account of <rhe shares
     opened by the Member States pursuant to Articles 2              Commission , within the 45 days
                                                                     following the publication of this
                                                                    Regulation in the Official Journal
                                                                    of the European Communities , a copy
                                                                    or a photocopy of the provisions they
                                                                    have made in order to apply this
                                                                    Regulation .
 ---pagebreak---                                    Article 11
                  This Regulation shall enter into force on 1 January
                  197?.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
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 apricot pulp falling within subheading sx 20.06 B H c) 1 aa) of the Common Customs
                                         Tariff, originating in Morocco (1978 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       imports of the product in question into all Member
                                                                Staites until the sard quota has been used up ; whereas
                                                                having regard to the above principles the Community
                                                                nature of the quota can be respected by allocating
 Having regard to the Treaty establishing the Euro­             the tariff quota among the Member States ; whereas,
 pean Economic Community, and hi particular                     to reflect most accurately the actual development
 Articles 43 and 113 thereof,                                   of the market in the products in question, such
                                                                allocation should be in proportion to the require­
                                                                ments of the Member States, assessed by reference
 Having regard to the proposal from the Commission,             both to the statistics relating to imports of the said
                                                                product from Morocco over a representative refer­
                                                                ence period and to the economic outlook for the
 Having regard to the opinion of the European                   quota period concerned ;
 Parliament { ' ),
 Whereas the Co-operation Agreement                             Whereas, during the last three years for which stat­
 between the European Economic                                  istics are available, the corresponding imports of each
 Community and the Kingdom of Morocco ,                         Member Saate represent rhe following percentages of
 signed on 27 April 1976 provides                               imports into the Community from Morocco of the
             for the opening by the Community of an              products concern!od :
annua! Community tariff quota of 8 250 tonnes
of apricot pulp falling within subheading ex 20.06 B
II c) 1 aa) of rhe Common Customs Tariff, originating                                                  197S      1976
in Morocco; whereas the customs duties applicable
to the quota are equal to 70% of the customs duties             Bénélux                       0-8       0-6      11.6
actually applied to non-member countries; whereas
the Community tariff quota in question should there­             DenmsrU                   !  0-3   !   _
fore be opened for 1978 ;                                        Germany                     45-5                  0.9
                                                                                          iI
                                                                 France                      51-3  !   91-3      87.5
                                                                 Ireland                  !
                                                                 Italy                         0-5      21
 Whereas it is, in particular, necessary to ensure equal
 and uninterrupted access for all importers an the               United Kingdom                1-6      60
 Member States to the quota and uninterrupted ap­
 plication of the rate 'laid down for that quota to all
                                                                 Whereas, both these percentages and the estimates
 (') OJ No C       .=                      ,                     from certain Member States should be taken into
                                                                 account as well as the need to ensure chat, in the
                                                                 circumstances, the obligations contracted under the
                                                                 Agreement concerned arc allocated fairly among all
                                                                 the Member States; whereas die approximate
                                                                 percentages of the initial quota shares may therefore
                                                                 be fixed as fellows :
 ---pagebreak---                                                                 - 2 -
         Bénélux                              10         HAS ADOPTED THIS REGULATION :
         Denmark                                3
         Germany                              29
                                                                                 Artide 1
         France                                41
         Ireland                                2        1 . From 1 January until 31 December 19^, a Com­
                                                         munity tariff quota of 8 250 tonnes             shall be
         Italy                                  5
                                                        opened in the Community for apricot pulp falling
         United Kingdom                        10        within subheading ex 20.06 B II c) 1 aa) of the
                                                         Common Customs Tariff, originating in Morocco.
                                                        2. Within the limits of this tariff quota the Common
 Whereas, in order to take account of future trends     Customs Tariff duty applicable to these products
 in imports into the various Member States of the       sbail be suspended at a rate of 11-9% .
product concerned, the quota should be divided into
•two instalments, the first instalment being allocated
among all the Member States and the second forming
a reserve intended to cover any subsequent require­
ments of Member States which 'have used up their
initial shares ; whereas, in order to ensure a certain
degree of security for importers in each Member
State, the first instalment of fhe Community tariff
quota should be set at 66 % of the quota ;                                       Article 2
                                                        1 . A first instalment, amounting to 5 440 tonnes
Whereas Member States may use up their initial                 of the Community tariff quota referred to in
shares at different rates; whereas, to provide for phis Article 1 , shall be allocated among the Member
eventuality and to avoid disruption of supplies, any    States; the shares, which subject to Article 5 shall be
Member State which has almost used up its initial       valid until 31 December 197&, shall be as follows:
share should draw an additional share         from the
reserve ; whereas this should be done by each                    Bénélux                560 tonnes ,
Member State when each of its additional shares has              Denmark                 160 tonnes ,
been almost used up, and so on as many times as the              Germany             1 560 tonnes ,
reserve allows; whereas the initial and additional               France                2 200  tonnas,
shares should be valid until the end of the quota
period ; whereas this form of administration requires            Ireland                 120  tonnes ,
close collaboration between Member States and the                Italy                   280  tonnes ,
Commission , and the Commission must be in a posi­               United Kingdom          560  tonnes.
tion to keep a record of the extent to which the
quota has been used up and to inform the Member
States accordingly ;                                    2. The second instalment of 2 810         tonnes     shall
                                                        constitute the reserve.
Whereas if, at a given date in tihe quota period,                                Article 3
a considerable quantity of a Member State's initial
share remains unused, it ds essential that that Member
State should return a significant proportion to the     1 . If 90% or more of any Member State's initial
reserve so as to prevent a part of the quota from       share as fixed in Article 2 ( 1 ), or 90% of that share
remaining unused in one Member State when it could      less any ■ portion returned to the reserve, where
be used in others;                                      Article 5 has been applied, Jhas been used up that
                                                        Member State shall forthwith, by notifying the Com­
                                                        mission, draw a second share equal to 15% of its
                                                        initial share, rounded up where necessary to the next
Whereas, since the Kingdom of Belgium, the Kingdom      whole number, to the extent that the reserve so
of rhc Netherlands and the Grand Duchy of Luxem­        permits.
bourg are united in and represented by the Benelux
Economic Union, any measure concerning the admin­       2. !f after its initial share has been -used up, 90% or
istration of the QUO ::- shares allocated to that econ­ more of the second share .drawn by a Metr -ber State
omic union n>ay be earned out by any of its members,    has been used :tp, thss MetcVr State shall, in accord­
 ---pagebreak---                                                   - 3 -
ance wish the conditions laid down in paragraph 1 ,      It shall inform the Member States, riot later than
draw a third share equal to 7-5 % of its initial share.  5 October 1978, of the slate of the reserve after
                                                         amounts have been returned thereto pursuant to
                                                         Article 5 .
3. If after its second share nas been used up, 90% or
more of the third share drawn foy a Mern'ber State       It shall ensure that the drawing which exhausts the
has 'been used up, 'that Member State shall, in ac­      reserve does not exceed the balance available and
cordance with the same conditions, draw a fourth         to this end shall specify the amount thereof to the
share equal to the third.                                 Member State making the final drawing.
This procedure shall apply until the reserve is used
up .
                                                                                  Article 7
4. Notwithstanding paragraphs 1 , 2 and 3, Member
States may draw smaller shares than those specified       1 . Member States shall take all appropriate measures
therein if there are grounds for believing that those     to ensure that additional shares drawn pursuant to
specified may not be used in full . They shall inform     Article 3 are opened in such a way that imports may
the Commission of their reasons for applying this         be charged without interruption against their aggre­
paragraph.                                                gate shares of the Community quota.
                                                          2. Member States shall ensure that importers of the
                         Article 4                        products in question established in their territory
                                                          have free access to the shares allocated to them .
Each of the additional shares drawn pursuant to
 Article 3 shall be valid -unci! 31 December 1978.        3 . Member States shall charge imports of the said
                                                          products against their shares as and when the prod­
                                                          uct in question is entered for home use.
                          Article S                       4. The extent to which a Member State has used
                                                          up its share shall be determined on the basis of the
                                                        , imports charged in accordance with paragraph 3.
Member States shall return to the reserve, not later
than 1 October 1978, the unused portions of their
initial shares which, on 15 September 1978, are in
excess of 20% of the initial amounts. They may                                    Article 8
 return a greater portion if there are grounds for
believing that such portions may not be used in full.
                                                          At the Commission's request, Member States shall
Member States shall notify the Commission, not later      inform it of the imports actually charged against
                                                          their shares.
than 1 October 1978 , of the total quantity of the
product in question imported up to and including
15 September 197 8 and charged against the Com­
munity quota and of any portion of their initial                                  Article 9
shares returned to the reserve.
                                                          The Member Stares and the Commission shall co­
                                                          operate closely to ensure that tihis Regulation is
                                                          complied with.
                         Article 6
The Commission shall keep account of the shares                                  Article 10
opened by uhc Member States pursuant to Articles
2 and 3 and, as soon as it has been notified, shall      The Member States shall forward to the
inform each Member Soate of die extent to which          Commission , within the 45 days
the reserve has been used up.                            following the publication of this
                                                         Regulation in the Official Journal
                                                        of the European Communities /, a copy
                                                        or a photocopy of the provisions
                                                        they have made in order to apply
                                                        this Regulation ,,
 ---pagebreak---                                       Article 11
                    This Regulation shall enter into force on 1 January
                     197$
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
                                                               For the Council
                                                                The President
 ---pagebreak--- FINANCIAL      STATEMENT
 1 . Budget Line concerned ; Cru 12 Art * 120
 2 . Legal basis : Art . 43 and 113
 3 . Title of the tariff measure :
      Proposal for a Regulation ( EEC ) of the Council opening , allocating
      and providing for the administration for a Community tariff quota
      for apricot pulp falling within subheading ex 20.06 B II c ) 1 ) aa )
      for the Common Customs Tariff , originating in Morocco and Tunisia
      ( year 1978 )
 4 . Objectives :   fulfilment of contractual obligations
                    - Agreements EEC-Morocco/ Tunisia -
5 . Method of calculation :
     - No of CCT         :  ex 20.06 B II c ) 1 ) aa )
     - Quota volume      :  8,250 mt + 4.300 mt
     - Quota duty rate :    11.9%
     - Duty rate CCT    :   17%
6 . Loss of receipts :
        - Morocco Regulation : 71,000 UA to 129,000 UA
                                according to the use of the quota
        - Tunisia Regulation : 67,000 UA ( estimate )