CELEX: 51981PC0474
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 apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff and originating in Israel (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 474
Vol. 1981/0143
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)474 final
                                                 Brussels . 14 September 1981
                                    >3·
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                                    Proposal for a
                            COUNCIL REGULATION ( EEC )
      opening , allocating and providing for the administration of a
      Community tariff quota for apricot pulp , falling within subheading
      •x 20.06 B II c ) 1 aa ) of the Common Customs Tariff and originating
                                      in Israel         r"
              ( submitted to the Council by the Commission )
«MM1 ) 474 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
1 . The Agreement between the European Economic Community and the State of
    Israel completed by the Protocol to the Agreement between the EEC and
    Israel / provides in Article 10 of Protocol No 1 annexed thereto for
    the opening of an annual Community tariff quota for the importation
    into the Community of 150 metric tons of apricot pulp , originating
    in Israel , 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 1982 .
2 . The proposal for a Regulation opening this tariff quota provides / as
    is customary / for the division of the quota volume into two instalments /
    the first being allocated among the Member States as quota . shares / the
    second being held as a reserve .
    It does not seem possible / in this case , to base the allocation of
    the first tranche on the rules generally applied / that is / to relate
    the total imports by each Member State during the past     three years
    to the Community imports over the same period and to apply for each
    Member    State the resulting percentages to the volume of the first
    tranche .   As over the course of the last ten years the Member States
    have imported the goods only, occasionally if at all / an allocation
    scale based on estimates put forward by some Member States and on the
    need to allocate the quota volume fairly among the Member States appears
    suitable .                   -
3 . It is proposed that the proposal for a Council Regulation opening the
    Community tariff quota described in paragraph 1 above be approved .
ANNEX : 1 proposal for a Regulation ( EEC ) . of the Council .
 ---pagebreak---                                                          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 and originating in Israel (198 2 )
THE COUNCIL OF THE EUROPEAN                                      a representative reference period and also to the
COMMUNITIES                                                      economic outlook for the quota period in question ;
Having regard to the Treaty establishing the                     Whereas, during the' last three years for which
European Economic Community, and in particular                   statistics are available, the corresponding imports by
Article ! 1 3 thereof,                                           each of the Member States represent the following
                                                                 percentages of total imports of the product in
                                                                 question, originating in Israel :
Having regard to the proposal from the Commission,
Whereas the Agreement between the European                                 Member Sutes                    1978     1979   1980
Economic Community and the State of Israel ('),
as supplemented by the Protocol ^ thereto                        Benelux                      ¿              13
hereinafter referred to as the " Protocol 1
provides in Article 10 of Protocol 1 an- '                       Denmark                                    ■–       –
                                                                                                                             -
nexed to the said                               -   - -          Germany                                     77         /    –
Agreement ,         for                 tjje opening by the       Greece
                                                                 France                 .
                                                                                          ,
                                                                                            1      -
Community of an annual Community tariff quota of
                                                                 Ireland                                             10
150 tonnes of apricot pulp falling within subheading                                                        –
ex 20.06 B II c) 1 aa) of the Common Customs Tariff              Italy                                      –        –
                                                                                                                             -
and originating in Israel ; whereas the customs duties           United Kingdom                              10      90    100(=4t )
applicable to the quota are equal to 70 % of the
customs duties actually applied to non-member
countries ; whereas the Community tariff quota in
question should therefore be opened for 198£ ;
                                                                 Whereas these data cannot be considered as repre­
                                                                 sentative to serve as a basis for allocation of the quota
 Whereas it is in particular necessary to ensure for all         volume among the Member States ; whereas it is
 Community importers equal and uninterrupted access              difficult to estimate imports by Member States for
 to the abovementioned quota and uninterrupted                   1982 because of the absence of any pattern in
 application of the rates laid down for that quota to all        previous years ; whereas to allocate the quota volume
 imports of the products concerned into all Member               on a fair basis, the approximate percentage^ of initial
 States until the quota has been used up ; whereas,              quota shares may be fixed as follows :
 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 ;                        Benelux                                 12
 whereas, in order to reflect as accurately as possible                  Denmark                                  5
  the true trend of the market in the products in
  question, such allocation should be in proportion to                   Germany                     .          25
                                                                         Greece                                   I
  the requirements of the Member States, calculated by                   France                                   7
  reference to the statistics for imports from Israel over               Ireland                                  6
                                                                          Italy                                   6
                                                                         United Kingdom                         36
  (') OJ No L 136, 28 . 5. 1975, p. 3.
  ( 2 ) 0J No .....
                                                                 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
 ---pagebreak---                                                          - 2 -
 instalments, the first being ihared Among the Member                                    Article 2
Stntei and the lecond constituting a reserve to cover
at' a later date the requirements of the Member States'        1.    A first instalment of         75   tonnes of the
which have used up their initial quota shares ;               Community tariff quota referred to in Article 1 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 198 2 shall be as follows :
stances be fixed at 50% of the quota volume ;
                                                                                                            (tonnes)
                                                                         Bénélux                                9
Whereas the Member States' initial shares may be
                                                                         Denmark                                3
used up at different times ; whereas, in order to take
this fact into account and avoid any break in                            Germany                               19
                                                                                                                3
continuity, any Member State which has almost used                      teeCe                                   5
up its initial quota share should draw an additional
                                                                         Ireland                                4
share from the reserve ; whereas this must he done by
each Member State as and when each of its additional                     Italy                                  4 .
shares is almost used up, and repeated as many times                    United Kingdom                         28
as the reserve allows ; whereas the initial and
additional share must be valid until the end of the
quota period ; whereas this method of administration           2.     A second instalment of 75tonnes shall constitute
requires close cooperation between the Member                  the reserve.
States and the Commission, and the latter must be in
a position to monitor the extent to which the quota
volume has been used up and to inform the Member
States thereof;                             *                                            Article 3
                                                               1.     If 90 % or more of a Member State's initial
Whereas if, at a given date in the quota period* a             share as specified in Article 2 ( 1 ), or 90 % of that
substantial quantity remains unused in any Member              share minus the portion returned to the reserve where
State, it is essential that that Member State should
return a significant proportion to the reserve to              Article 5 has been applied, has been used up, then, to
prevent a part of any tariff quota from remaining              the extent permitted by the . amount of the reserve,
unused in one Member State when it could be used in            that Member State shall forthwith, by notifying the
others ;                        '                              Commission, draw a second share equal to 15 % of
                                                               its initial share, rounded up where necessary to the
                                                               next unit.
                                                                            V                             .
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy                 2.     If, after one of its initial shares has been used
of Luxembourg are united within and jointly                    up, 90 % or more of the second share drawn by a
represented by the Benelux Economic Union, any                 Member State has been used up, then, to the extent
operation relating to the administration of the quota          permitted by the amount of the reserve, that Member
shares allocated to that economic union may be                 State shall, in accordance with the conditions laid
carried out by any of its members,                   V         down in paragraph 1 , draw a third share equal to
                                                               7 • 5 % of its initial share, rounded up where
                                                               necessary to the next unit.
HAS ADOPTED THIS REGULATION :                                  3.     If, after one of its second shares has been used
                                                               up, 90 % or more of the third share d^awn by a
                                                               Member State has been used up, that Member State
                          Article 1                            shall, in accordance with the conditions laid down in
                                                               paragraph 1 , draw a fourth share eqCial to the third.
 1 . From 1 January to 31 December 198 2 a
Community tariff quota of 150 tonnes shall be                  This , process shall continue until the reserve is used
opened in the Community                for apricot pulp        up.
falling within subheading ex 20.06 B II c) 1 aa) of the
Common Customs Tariff anjJ originating in Israel.              4. By way of derogation from paragraphs 1 , 2 and
                                                               3, a Member State may draw shares smaller than
                                                             . those fixed in those paragraphs if there is reason to
2. Within the limits of this tariff quota tHe                  believe that they might not be used up. It shall inform
Common Customs Tariff duty applicable to these                 the Commission of its reasons for applying this
products shall be suspended at a rate of 11-9 u/o .            paragraph.                    ' .
Within the limits of this tariff quota ,
Greece shall applyduties calculated in
accordance with the relevant provisions
 TfY^979 Act of Accession and in the
Protocol .
 ---pagebreak---                                                         - 3 -
                         Article 4                                                     Article 7
Each of the additional shares drawn pursuant to               1.     The Member States shall iai»e all measures
Article 3 shall be valid until 3 ! December 198 2 *           necessary to ensure that additional shares drawn
                                                              pursuant to Article 3 are opened in such a way that
                                                              imports may be charged withovt interruption against
                         Article 5
                                                              their accumulated shares of the tariff quota.
                              ù>
The Member States shall return to the reserve, not            2.     The Member States shall ensure that importers
later than 1 October 198 2 such unused portion of             of the products in question established in their
their initial share as , on 15 September 1982, is in          territory have free access to the shares allocated to
excess of 20 % of the initial volume. They may return         them .
a larger quantity if there are grounds for believing
that this quantity may not be used .                          3 . The Member Slates shall charge the imports of
                                                              the products concerned against their shares as and
The Member States shall notify the Commission, not            when the products are entered with customs auth-
                                                              orises 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
quantity of the inital shares returned to the reserve .       up its share shall be determined on the basis of the
                                                              imports charged in accordance with paragraph 3 .
                         Article 6
                                                                                       Article 8
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2            At the Commission's request the Member States shall
and 3 and , as soon as it is notified , shall inform each     inform it of imports actually charged against their
State of the extent to which the reserve has been used        shares .
                                                                             1
up .
                                                                                       Article 9
It shall inform the Member States, not later than 5
October 198 2 or the amount in the reserve after              The     Member States     and the     Commission shall
quantities have been returned thereto pursuant to             cooperate closely to ensure that this Regulation is
Article 5 .                                  (                <£>mpiied with.
It shall ensure that the drawing which uses up the~                                   Article 10
reserve does not exceed the balance available and, to
this end, notify the amount of that balance to the            This Regulation 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.
                                                                   /
              Done at Brussels,
                                                                                     For the Council
                                                                                       The President