CELEX: 51975PC0230
Language: en
Date: 1975-05-29
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 1976) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 230
Vol. 1975/0083
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(75)230 final .
                                             Brussels . 29 May 1975
                            Proposai for a
                   REGULATION ( EEC ) OP 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 ) l ) aa ) of the Common
        Customs Tariff , originating in Israel .
                             (year 1976 )
            ( submitted to the Council "by the Commission )
/ 23° final .
 ---pagebreak---                         Explanatory mcmorc.nd.um
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
   puln , 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 aro
   equal to 7Q?o of the duties actually applied to non-member coun­
   tries .                          ■            ...
    Accordingly the tariff quota in question has to be opened for 1976 .
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 vhich is allocated by shares to
   the K-mbcr States , while the second constitutes a reserve .
   It docs 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 percentage ?       to the
   volume of the first tranche .   As only one Member State has regularly
   in:^ortc.d the products concerned and the other Member States have
              them only occasionally if at all , an allocation scale
   based on estimates put forward by some Member States and on the
                                                         • * •/• •
 ---pagebreak---       noed 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".
 b . The Member States' experts who participated in the consultative
     meeting of the "Economic Tariff problems " Group ( l4/l8 April
     1975 ) expressed agreement in principle to the scheme for allo­
     cation 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 .
•ANFiiX :
 1 proposal for a Regulation (EEC ) of tho Couxioil
 ---pagebreak---                             Proposai for a
             , Regulation ( EEC ; Ho ;             75 of "the Council
                          of ................
           opening , allocating and providing for the administration'
           of a Community tariff Quota for apricot pulp falling
           within subheading cx 20 . OC E II c ) l ) aa) of the Common
           Customs Tariff , originating in Israel . ;                 ■-
THE COUîTCIL OP THE EUROPEM COIMUNITIES ,
Having regard to the Treaty establishing the European iCconomic          •
 Community , and in particular Articles 43 and 113 thereof ;
                                                    /
Having regard to the proposal from tho Commission ;
Having regard to the opnion of the European Parliament ;
Whereas the Agreement between tho European Economic Community
and tho State of Israel , signed on 1                 • 1975C provides
in Article 10 of the Protocol ITo . 1 annexed thereto for the
opening by tho Community of a 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
ICffc of the duties actually applied to non-member countries ; >
whereas the Community tariff quota in question should therefore
be opened for 1976 ;
 ---pagebreak---                                       -21
Whereas equal and continuous access to the quota should bo ensured
for all Community importers and. the rate of levy for the tariff quota
should "be applied consistently to all imports of the product - in ques­
tion until the quota is used up ; whereas a Community tariff arrange­
ment based on an allocation between the Member States would seem to .
preserve the Community nature of the quota , having regard to the
principles mentioned above } whereas , to represent as closely as
possible the actual development of the market in the product in ques­
tion , the allocation should follow proportionately the requirements
of tho Member States calculated from both statistics of imports from
Israel during a representative reference period and the economic
outlook for the quota period in quostion ;.
Ilhereas , during the last three years for which statistics are avail­
able , the corresponding imports by each of the Member States represent
tho following percentages of the imports into tho Community from
Israel of the products concerned :                                      v
                                          1972 .           1973                   1972* .
                                    I
            Bénélux                                        58.6(=58 t )        100(=25t )
            Denmark
                                  h
            Germany                       43.3(=13.t )
            France
            Ireland                                          ~            ■
                                                                             t
            Italy
            United Kingdom                56 .T(-17 "t )   41.4(=41 t)' j!
                                                                             1  "         '
                                                         i
                            »
                                                               . • » •/• • •
 ---pagebreak---                                         - 3'
 Whereas those data cannot he considered as representative to1 serve as
a basis for allocation of the quota volume pmong' the Meraher States }
whereas it is' difficult to estimate imports by Member States for-'
 1976 because of the absence of any pattern in previous years ; '
whereas to allocate the quota volume fairly , the initial quota >
 shares may bo fixed approximately as follows :
                       • ' Bénélux                       155'a                    :       •
                             Der-uark . '     •           5$
                             Germany         ' ' '       25$     •      ' '      * .
                     1 -     France '               ' ' 10$         -1
                             Ireland                      5$
                          •" Italy '               " - 5$
                             United Kin<*do'm            35%           '     '          >
Whereas , to take account of future import trends in the various
Member States for the products concerned , the                quota volume should
bo divided into two tranches , the first being allocated amongst the
Komber States raid the second held as a reserve to cover at a1 later ■
dato the requirements of Member           States which have usad up their
initial share ; whereas , to give importers some certainty , the first
tranche of the Community tariff quota could be fixed at 66$                         7.. •
of, the quota volumes ;         "
Nlioreas the initial shares may be used up more or less quickly ;
whereas , therefore , to avoid disruption of supplies , any Member
State which has almost used up its initial share must draw a
                                      *          '                       «     .
supplementary share from the reserve ; whereas this must be done *.-.
                                                       W                   v
by each Ilembcr State as each one 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
 ---pagebreak--- the end of the quota poriodj 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 j •
VJhercas if , at a . given date in the quota period , a considerable
quantity of the initial share is left over in a Member State , it is
essential that that State should return a significant proportion to
the reserve to prevent a part of the Community quota from remaining
unused in one Member State when it could be used in others ;
Wiereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are jointly represented by the
Benolux Economic Union , any measure concerning the administration
of the shares allocated to that Economic Union may be carried out by
any ono of its members .      ,■  1           •           .■
HAS ADCPT3D THIS EEGULATIOïî :
                                    Article 1
1 , Prom 1 January' to 31 December 1976 , a Community tariff quota
  >                               ....
v:   of 150 metric tons shall be opened in the Community ior apricot
    pulp , falling within subheading ex 20.06 B II c ) 1 : aa) of the
    Common Customs tariff , originating in Israeli
2»  I'ithin the limits of this tariff quota the Common Customs Tariff
    duty applicable to these products shall be partially suspended
    at a rate of Il.9$»
3*  Within the limits of this tariff quota the new Member StateB
    shall apply duties calculated in accordance with the provisions
    of Protocol No . 1 annexed to the Agreement between the Community
    and the State of Israel and of the Act of Accession .
 ---pagebreak---                                          ■5"
                                    .Article 2
l , r A first tranche of lOOjnetric tons of the Community tariff
      quota referred to in Article 1 shall bo allocated among the
      Number States ; the shares which , subject to Article 5» shall
      be valid until 31 December 1975 shall bo as follows :
                 . Bénélux                   15  cotric tons
                   Denmark                     5 metric tons
                   Germany                   2.5 metric tons
                   Franco                    10  metric tons
               .   Ireland                    5  metric tons
                   Italy                      5  metric tons  * "
                   United Kingdom •          35  metric tons
2 • A second tranche of 50 ..metric tons shall constitute a reserve.'
            ,                       Article 3
1.    If SQffo or more of a Member State 's initial share as specified in
      Article 2 ( l ), or of that share minus the portion returned to the
      reserve where Article 5 is applied , has been used up , that Member
      State shall without - delay , by notifying the Commission , draw a
      second share equal to 15$ of its initial share , rounded up where
      necessary to the next unit , to the extent permitted by the amount
      of the reserve .
                                                                     /
                                                               « O «/  • • •
 ---pagebreak---                             \
                                    -6-
2,  If , after its initial share has "been used, up ,       or more of
    the second share drawn by a Member State .has been used up , that
    Member State shall , in accordance with the conditions imposed
    by paragraph 1 , draw a third share , equal to 7*5$ of its initial
    share , roimded up vrtiere necessary to the next unit .
                                    o                              •
                        \
3.  If , after its second share has been used up , $Cffc or more of the
    third share drawn by a Member State has been used up ; that
    Member State shall , in accordance with tho same conditions ,
    draw a fourth share equal to the third .
    This process shall continue to - apply until the reserve is used
    up ,                      .v  '
4.  Ey way of derogation from paragraph 1 to 3 , a Homber State
    may draw shares lower than those fixed "in those paragraphs
                                                «
    if there are grounds for believing that they may not be used
    up .   It shall inform the Commission of its reasons for applying
    this paragraph .
                                 Article 4
Supplementary shares drawn pursuant to Article 3 shall be valid
until 31 December 197 ^*
                                 Article 5
    The Member States shall return to the reserve , not later than
    1    October 1976     the unused portion of their initial share
    which , on 15 September           in excess of 2 C$> of the initial
    amount .   It may return a greater portion if there aro grounds
    for believing that it may not be used up .
 ---pagebreak--- Member States shall , not later than 1 October 19?6 , . notify the
Commission of the total quantities of the said goods imported
up to and including 15 September 1976 and charged against the
Community tariff quota and any quantities of tho initial share
returned to the reserve .
                                              /
                             Article 6
The Commission shall keop an account of the shares opened by the
Member State pursuant to Articles 2 and 3 and shall , as soon as
it has been 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 1976 ,
of the amount still in reserve after amounts have been returned
thereto pursuant to Article 5 *
                       , t
It "shall ensure that the drawing which uses up the reserve is
limited to the balance available and to this end shall specify , '
the amount thereof to the Member State making the last drawing.
                   . .       Article 7
Member States shall take all measures necessary to ensure that ■
supplementary shares drawn pursuant to Article 3 are opened in such
a way that imports may be charged -without interruption against their
accumulated shares in the Community quota .
Member States shall '-ensure that importers of the said goods .
established in their territory have free access to tho shares
allocated to them .
 ---pagebreak---                                      -8-
3.  Member States shall charge imports , of the said god.ds against their
    shares as and when such goods are entered for home use .
4»  The extent to which a Member State has used up its share shall
    be determined on the basis of' imports charged in accordance
    with paragraph 3 . . .
                                 Article 8                        *
         ■ i                                                         '
    Member States shall inform the Commission at regular intervals
    of imports actually charged against their shares#
                              Art ici© 9 •
                        "      •      •                         i
    The Member State and the Commission shal co-operate closely in
    order to ensure that this Regulation is observed *
                      i       Article 10
     This Regulation shall enter into force on 1 January 1976 .
        This Regulation shall be binding in its entirety and directly
        applicable in all Member States .
Donç. at Brussels ,         ,     ,,                For the Covpicil
                    -     '                         The Président