CELEX: 51976PC0464
Language: en
Date: 1976-09-08
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL 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 Israel (year 1977) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 464
Vol. 1976/0140
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(76)464 final.
                                                   Brussels , 8 September 1976
                          Proposal for a
                 EMULATION. ( EEC ) OF THE COUNCIL
                     ^  .        'i
  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 Israel ( year 1977 )
              ( submitted to the Council by the Commission )
                                                             \
  C0M(76 ) 464 final .
 ---pagebreak---                                Explanatory memorandum
1.   The Agreement between the European Economic Community and the State of
     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 1977 .
2.   The proposal for a Regulation opening this tariff quota makes
     provision , as is usual , for the division of the quota volume into two
     tranches , the first of which is allocated by shares to the Member
     State , while the second constitutes 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.   The form of administration to be applied by all the Member States is
     the "grey-hound-system".
4.   The Member States' experts who participated in the consultative
     meeting of the "Economic Tariff problems " Group ( 27 / 28 April 1976 )
     expressed agreement in principle to the scheme for allocation of
     shares proposed by the Commission in the framework of the regulation
     annexed .
5.   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
                       REGULATION ( EEC ) No .../76 OF THE COUNCIL
            opening , allocation 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 Israel ( 1977 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and 113 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ,
Whereas the Agreement ( 1 ) between the European Economic Community and the
State of Israel , signed on 11 May 1975 , provides in Protocol 1 annexed
thereto for the opening by the Community of an annual Community tariff
quota of 150 metric tons of apricot pulp , falling within subheading ex
20.06 B II c ) 1 aa ) of the Common Customs Tariff , originating in Israel ;
whereas the customs duties 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 1977 ;
Whereas it is in particular necessary to ensure to all importers of the
Member States equal and uninterrupted access to the quota and uninterrupted
application of the rate laid down for that quota to all imports of the
product in question 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 tariff quota among the Member
States ; 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 by reference both to the
( 1 ) 0J No L 136 , of 28,5.1975 , p. 3                               • • •/• • ♦
 ---pagebreak--- statistics relating to imports from Israel over a representative reference
period and to the economic outlook for the quota period concerned ;
Whereas during the last three years for which statistics are available , the
corresponding imports of each Member State represent the following
percentages as against the imports into the Community from Israel of the
products concerned :
                               1973            1974            1975
      Bénélux                  58.6            100
                               (=58 )          (=25 )
      Denmark                  -              -
      Germany                  -              -
      France                   -              -
      Ireland                  -              -
      Italy                    -              -
      United Kingdom           41.4           -
                               (=41 )
+
  metric  tons .
Whereas these data cannot be considered as representative to serve as a
basis for allocation of the quota volume among the Member States ;   whereas
it is difficult to estimate imports by Member States for 1977 because of
the absence of any pattern in previous years ; whereas , to allocate the
quota volume on a fair basis , the initial quota shares may be fixed
approximately at the following percentages :
      Bénélux        15
      Denmark         5
      Germany        10
      France         10
      Ireland         5
      Italy           5
      United
      Kingdom        50
 ---pagebreak---                                            ■ 3 -•
  whereas , to take account of future import trends in the various Member
  States for the products concerned , the quota volume should be divided into
  two instalments , the first being allocated among the Member States and the
  second held as a reserve intended to cover at a later date the requirements
 of Member States which have used up their initial share ; whereas , in order
  to ensure a certain degree of security to importers of each Member State ,
 the first instalment of the Community tariff quota could be fixed at 66% of
 the quota volumes ;
 Whereas the initial shares may be used up sooner or later ; whereas , in
 order to take this fact into account and to avoid any break in continuity ,
 it is important that any Member State which has used up almost all of its
 initial share should draw a supplementary share from the reserve ; whereas
 this must be done by each Member State if each of its supplementary shares
 is almost used up , and as many times as the reserve allows ; whereas each
 initial and supplementary share must be valid until the end of the quota
 period ; whereas this form of administration requires close collaboration
between Member States and the Commission , and the Commission must be in a
position to follow the extent to which the tariff quotas have been used up
and inform the Member States thereof ;
Whereas if , at a given date in the quota period , a considerable quantity of
the initial share remains in any Member State , it is essential that that
State should return a significant proportion to the reserve in order to
avoid part of the Community quota remaining unused in one Member State when
it could be used in others ;
Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united in and represented by the Benelux
Economic Union, any measure concerning the administration of the quota
shares allocated to that, economic union may carried out by any of its
members ,
 ---pagebreak---                                      - 4 -
HAS ADOPTED THIS REGULATION :
                                      Article 1
1.   From 1 January to 31 December 1977 a Community tariff quota of 150
     metric tons shall 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 Israel .
2.   Within the limits of this tariff quota the Common Customs Tariff duty
     applicable to these products shall be suspended at a rate of 11.9% .
3.   Within the limits of this tariff quota the new Member States shall
     apply duties calculated in accordance with the provisions of Protocol
     1 annexed to the Agreement between the Community and the State of
     Israel and those of the Act of Accession .
                                      Article 2
1.   A first instalment , amounting to 100 metric tons of the Community
     tariff quota referred to in Article 1 , shall be allocated among the
     Member States ; the shares , which subject to Article 5 shall be valid
     until 31 December 1977 , shall be as follows :
          Bénélux               15 metric tons ,
          Denmark                5 metric tons ,
          Germany               10 metric tons ,
          France                10 metric tons ,
          Ireland                5 metric tons ,
          Italy                  5 metric tons ,
          United Kingdom       50 metric tons .
2.   The second instalment of 50 metric tons shall constitute the reserve .
                                                              • • •/• • •
 ---pagebreak---                                      - 5 -
                                      Article 3
1.   If 90% or more of any Member State s initial share as laid down in
     Article 2 ( 1 ), or 90% of that share less the amount returned into the
     reserve , where Article 5 has been applied , has been exhausted , that
     Member State shall without delay , by notifying the Commission, draw a
     second share in the quota equal to 15% of its initial share , rounded
     up to the next unit , where appropriate , to the extent that the amount
     in the reserve allows .
2.   If after its initial share has been exhausted , 90% or more of the
     second share drawn by a Member State has been used , that Member State
     shall , in accordance with the conditions laid down in paragraph 1 ,
     draw a third share , equal to 7.5% of its initial share .
3.   If after its second share has been exhausted , 90% or more of the third
     share drawn by a Member State has been used , that Member State shall ,
     in accordance with the same conditions , draw a fourth share equal to
     the third .
     This process shall be applied until the reserve is exhausted .
4.   Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member
     States may draw smaller shares than those fixed in those paragraphs if
     there is reason to believe that these shares might not be used up .
     They shall inform the Commission of their reasons for applying this
     paragraph .
                                      Article 4
Additional shares drawn pursuant to Article 3 shall be valid until 31
December 1977 .
                                      Article 5
The Member States shall , not later than 1 October 1977 , return to the
reserve the unused portion of their initial share which , on 15 September 1977 ,
is in excess of 20% of the initial amount .   They may return a greater
portion if there are grounds for believing that such portion may not be
used in full .
 ---pagebreak--- The Member States shall , not later than 1 October 1977 , notify the
Commission of the total imports of the products concerned effected under
the Community quota up to and including 15 September 1977 , and where
appropriate , the proportion of their initial shares that they are returning
to the reserve .
                                     Article 6
The Commission shall keep account of the shares opened by the timber States
in accordance with Articles 2 and 3 and shall inform each of then of the extent
to which the reserve has been used as soon as it receives the notifications .
The Commission shall , not later than 5 October 1977 , notify the Member
States of the state of the reserve after the return of shares pursuant to
Article 5 .
The Commission shall ensure that any drawing which uses up the reserve is
limited to the balance available and for this purpose shall specify the
amount thereof to the Member State which makes the last drawing .
                                     Article 7
1.   The Member States shall take all measures necessary to ensure that
     supplementary shares drawn pursuant to Article 3 are opened in such a
     way that changes may be made without interruption against their
     accumulative shares of the Community quota .
2.   The Member States shall ensure that importers of the said products
     established in their territory have free access to the shares
     allocated to them .
3.   The Member States shall charge imports of the said goods against their
     shares as and when such goods are entered for home use under cover of
     a declaration that they have been made available for consumption .
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 .
 ---pagebreak---                                     Article 8
On receipt of a request from the Commission , Member States shall inform it
of imports actually charged against their shares .
                                    Article 9
The Member States and the Commission shall cooperate closely in order to
ensure that this Regulation is observed .
                                   Article 10
This Regulation shall enter into force on 1 January 1977 .
     This Regulation shall be binding in its entirety and
     directly applicable in all Member States .
Done at Brussels ,                                           For the Council
                                                              The President
                                       o