CELEX: 51978PC0439
Language: en
Date: 1978-09-12
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 Israel (year 1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 439
Vol. 1978/0166
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(78)439 final.
                                               Brussels . 12 September 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 Israel (year 1979)
               ( submitted to the Council by the Commission)
                                               :;^ '
COM178) 439 final .                  1  .
 ---pagebreak---                                EXPLANATORY MEMORANDUM
        1.  The Agreement between the European Economic Community and the State
            of Israel provides in Article 10 of Protocol N° 1 annexed thereto r
            for the opening of an annual Community tariff quota for the impor­
            tation into the Community of 150 metric tons of apricot pulp , origi­
            nating 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 1979 .
        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, originating in Israel < 1979 ) .
                                                                               • :• .. ' •                .
         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                          •                                 ■   •             »
         Having regard to the Treaty establishing the Euro­
         pean Economic Community, and in particular
         Article 113 thereof .
         Having regard to the proposal from the Commission,
         Whereas the Agreement between the European Eco­
         nomic Community and the State of Israel (1) signed
         on 11 May 1975 provides, in Protocol 1 annexed
         thereto, for the opening by the Community of an an­
         nual Community tariff quota of 150 tonnes 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
         arc equal to 70 % of the customs duties actually ap­
         plied to non-member countries; whereas the Com­
         munity tariff quota in question should therefore be
         opened for ,1979 1
         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 Israel over a
( 1 ) 0J N° L 136, 28 . 5 . 1975 , P. 3 .
 ---pagebreak---                                                       - 2 -
representative reference period and also to the economic outlook
for the quota period concerned ;
                                            \
Whereas , during the last three years for which statistics are
available , the corresponding imports by each of the Member States
represent the following percentages of imports into the Community
from Israel of the products concerned :
                        Member States'             : 1975           1976       1977
               Bénélux                                 49                      5.6
               Denmark                                 m   :          m:
               Germany                           F     ***       ' 57.! . I    3.5'
               France            ,   ....              ^     I     41.5
               Ireland
               Italy '                                                m
               United Kingdom                                         -        90,9
                   ■     ■                ■     I              I           I (■ *9 i )
               Whereas these data cannot be considered as repre­
               sentative 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
               1979 because of the absence of any pattern in pre-
             , vious years; whereas to allocate the quota volume on
               a fair basis, the initial quota shares may be fixed ap­
               proximately as follows:
                           Bénélux            ^                    10 %
                           Denmark                                  5 %                ,
                           Germany                                 25
                  , .      France                                   B    «
                           Ireland                                  5 %
                       . Italy                                      6, %      \
                           United Kingdom                >         40 %f
 ---pagebreak--- Whereas , in order to take into account import trends for the products
concerned in the various Member States , the quota amount should be
dj#ivided 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 should , under the present circumstances , 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 this fact into account and avoid
any break in continuity , any Member State which has almost used up       ■ ,
its initial share , should draw an additional share from the reserve ;
whereas this must be done by each Member State as ancf when each of its
additional shares is almost used up,' and repeated as many times as the
reserve allows ; whereas the initial and additional shares must be valid
until the end of the quota ! period ; whereas this method of administration
requires close cooperation between Member 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 ;
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 return a significant proportion to the reserve , to prevent
a part of any Community quota from 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 operation relating to the administration
of the quota shares allocated to that Economic Union may be carried out
by any of its members ,
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                          Article 1
                  1 . From 1 January to 31 December 1979 , a Com­
                  munity tariff quota of 150 tonnes shall be opened in
                  the Community for apricot pulp, falling within sub­
                  heading ex 20.06 B li e) 1 aa) of the Common
                  Customs Tariff, originating in Israel. -
                  2.    Within the limits of this tariff quota the Com­
                  mon Customs Tariff duty applicable to these
                  products shall be suspended at a rate of 11-9 % .
                                       Article 2
                                            y
               i . A first instalment amounting to 120 tonnes of the COB-'
              munity tariff quota referred to in Article 1 shall be a!-'
              located amone the Member States; the respective shares
             which, subject to Article 5 shall be valid until 31 December •
             1979, shall be as folloas S 1
                       Bénélux                       12 tonnes,
                      Denmark                         6 tonnes,
                      Germany                   •* 30 tonnes, 1          r.
                      France                   1 ^ tonnes,
                    , Ireland                         " tonnes, 1
                      Italy                           6 tonnes, :     ;
                      United Kingdom                .50 tonnes.
            2.      The second instalaost of 30 tomnis shall constitute
            tho reserve.
 ---pagebreak---                               Article 3
          i                 \
If 90% or more of a Member State 's initial share as specified in
Article 2 ( 1 ), or of that share minus the portion returned to the
reserve where Article 5 is applied , has been used up , then , to
the extent permitted by the amount of the reserve / that Member
State shall forthwith , by notifying the Commission , draw a second
share equal to 15% of its initial share , rounded up where necessary
to the next unit .
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 , in accordance with the conditions laid down
in paragraph 1 , draw a third share equal to 7,5% of its initial
share .
If, after its second share has been used up , 90% or more of the
third share drawn by a Member State has been used up , that Member
State shall , in accordance with the same conditions , draw a fourth
share equal to the third .                ■
  _•                     _
This process shall continue until the reserve is used up .
By way of derogation from paragraphs 1 to 3, a Member State may
draw shares smaller than those fixed in those paragraphs if there
is reason to believe that these might not be used up . It shall
infor* the Commission of its reasons for applying this paragraph .
 ---pagebreak---                                   - 6 -
                                Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1979 .
                                Article 5
The Member States shall return to the reserve , not later than
1 October 1979 , such unused portion of their initial share as ,
on 15 September 1979 , is in excess of 20% of the initial volume .
They may return a larger quantity if there are grounds for
believing that it might not be used .
The Member States shaU , not later than 1 October 1979 , notify
the Commission of the total quantities of the products in question
imported up to 15 September 1979 and charged against the Community
quota , and of any quantities of the initial shares returned to the
reserve .
                                Article 6              '
The Commission shall keep an account of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each State of the extent to which the
reserve has been used up .
It shall inform the Member States , not later than 5 October 1979,
of the amount in the reserve after quantities have been returned
pursuant to Article 5 .
The Commission shall ensure that the drawing which uses up the
reserve is limited to the balance available , and to this end shall
indicate the amount of that balance to the Member State which
makes such last drawing .
 ---pagebreak---                                 Article 7                '
                                                           <
1.  The Member States shall take all measures 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 Community quota .
2.  The Member States shall ensure that importers of the products in
    question established in their territory have free access to the
    shares allocated to them .
                                                             »
3.  The Member States shall charge imports of the said products
    against their shares as and when the products are entered with
    customs authorities for home use .
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 paragraphs 3 .
                                Article 8
At the request of the Commission , the Member States shall inform it
of imports actually charged against their shares .
                                                                     s
                                Article 9
The Member States and the Commission shall cooperate closely in order
to ensure compliance with this Regulation .
                                Article 10
This Regulation shall enter into force on ,1 January 1979 .
           This Regulation shall be binding in its entirety and
           directly applicable in all Member States . -
Done at Brussels ,                                   For the Council
                                                     The President