CELEX: 51987PC0624
Language: en
Date: 1987-11-30
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen peas, falling within No 0701 21 00 or ex 0710 29 00 of the Combined Nomenclature and originating in Sweden (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 624
Vol. 1987/0298
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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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
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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, S. 1), zuletzt geändert durch die
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(87 ) 624 final
                                              Brussels , 30 November 1987
                                 Proposal for a
                           COUNCIL REGULATION ( EEC )
  opening , allocating and providing for the administration of a Community
        tariff quota for frozen peas , falling within No 0701 21 00 or
         ex 0710 29 00 of the Combined Nomenclature and originating
                                in Sweden ( 1988 )
                        ( submitted by the Commission )
                                       r.- J    / / •         .  *s
                                               / _    -• .  '   'S
C0M(87 ) 624 final
 ---pagebreak---                                                                   & /1
                                        <sL
                             EXPLANATORY MEMORANDUM
1.    The Agreement in the form of an exchange of letters between the
      European Economic Community and Sweden concerning agriculture and
      fisheries , approved by the Council Decision of 15 September 1986
      ( 1 ), provides for the opening of an annual Community tariff quota of
      6 000 tonnes for frozen peas falling within subheading ex 07.02 B of
      the Common Customs Tariff and originating in Sweden , of which 4 500
      tonnes are reserved for Spain . The rate of duty to be applied under
      this tariff quota is reduced to 4 . 5 % in Spain and 6 % in the other
      Member States .
2.    The purpose of this proposal is to implement the tariff quota for
      the period 1 January to 31 December 1988 . Account is taken of the
      entry into force on 1 January 1988 of the Combined Nomenclature in
      place of the Coirrron Customs Tariff .
3.    The Commission 's proposal for this product is based mainly on those
      usually put forward in the field of tariff quotas , namely :
      - the quota volume is divided into two parts , the first consisting
         of a fairly large quantity allocated among certain Member States
         vjhich are regular importers of the product in question , and the
          second being held in reserve to cover any supplementary needs of
         those Member States and any needs which might arise in the other
         Member States .
      - the allocation of the initial shares to the Member States is based
         on the Decision referred to above in the case of the share
         reserved for Spain , on past imports into the other Member States
          frcm Sweden over the last three years for which statistics are
         available and on the estimated needs of the Member States over the
         quota period .
( 1 ) OJ No L 328, 22.11.1986 , p. 89 .
 ---pagebreak--- Figures for imports from Sweden into the Member States of the Community
other than Spain over the last three years are as follows :
                                                  ( tonnes )
Member State                1984          1985         1986
Benelux                        0            20             0
Denmark                      254            42          273
Germany                    1 432         2 567        3 475
Greece                         0           272           91
France                         0             0             0
Ireland                        0             0             0
Italy                     14 527        14 879        14 643
Portugal                     282           431           262
United Kingdom               647         1 160         1 499
                          17 142        19 371       20 243
On the basis of this information and the estimaed needs of those Member
States , the following initial percentages of that part of the quota not set
aside for Spain of for the Comnunity reserve can be allocated :
Member State
Benelux                          0.04
Denmark                          1 . 00
Germany                        13.17
Greece                           0.64
Italy                          77.61
Portugal                         1.72
United Kingdom                   5 . 82
 ---pagebreak---                                                        M
                                      Proposai for
                                    COUNCIL REGULATION (EEC) No
                                                  of
                opening, allocating and providing for the administration of a Community tariff
                quota for frozen peas, falling within No 0701 21 00 or ex 0710 29 00 of the
                 Combined Nomenclature and             originating in Sweden (1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
Having regard to the Act of Accession of Spain and
Portugal,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic
 Community and the Kingdom of Sweden was concluded
 on 22 July 1972 ; whereas following the accession of
 Spain and Portugal to the Community, an Agreement in
 the form of an Exchange of Letters has been concluded
 and approved by the Council Decision of 15 September
 1986 ;
 Whereas the aforesaid Agreement provides for the
 opening of a 6 000-tonne Community tariff quota at a
 reduced rate of duty for frozen peas originating in
 Sweden, 4 500 tonnes of which are reserved for Spain ;
 whereas, therefore, the tariff quota in question should be
  opened for the period froml January to 31 December
  1987 ;
 Whereas the Community has adopted , with effect from 1 January 1988 , a
 Combined Nomenclature for goods which meets the requirements of the
 Common Customs Tariff and the Nomenclature of Goods for the External
 Trade Statistics of the Community and Statistics of Trade between Member
 States ; whereas in order to accommodate specific Community measures this
 Nomenclature has been expanded into an integrated tariff of the European
 Communities ( TARIC ); whereas , from the date given above , the Combined
 Nomenclature and , where appropriate , the TARIC code numbers should be
 used for the description of the products covered by this Regulation ;
  ( 1 ) 0J No L 328 , 22.11.1986 , p. 89 .
 ---pagebreak---  Whereas equal and continuous access to the quota should
 be ensured for all Community importers and the rate Laid down
       for the        quota should be applied consistently to
 all imports until the quota is **             ; whereas, in the         **exhausted
 light of ** principles c allocation of the tariff quota                               **these
                                       a.nonq        the Member
 States would seem to preserve the Community nature of
 the quota ; whereas in order **as closely as possible to             **to correspond
the real trend           of the market for the product in question the
 allocation should reflect                      the requirements
 of the Member States based on                         statistics of
 imports/from Sweden during a representative reference                  /of" the said products
 period and on                 the economic outlook for the            ~
quota year in question ;
 Whereas during the last three years for which statistics are
 available, imports of             peas, including chick peas,
      from        Sweden into each of the Member States,
 other than Spain, were as follows :
                                                          (in tonnes)
            Member State              1984       1985        1986
 Benelux
                                          0        20             0
 Denmark                               254         42           273
 Germany                            1 432     2 567         3 475
 Greece                                   0       272            91
 France                                   0         0             0
 Ireland                                  0         0             0
 Italy                            14 527      14 879       14 643
 Portugal                              282           0         262
 United Kingdom                        647      1 160       1 499
                                  17 142      19 371       20 243
 Whereas, during the            years under consideration, the
 products in question were imported only by certain
 Member States and not at all by the other Member States ;
 whereas, under these circumstances, initial shares should
 be allocated to the importing Member States and the
 other Member States should be guaranteed access to
              the tariff quota **      imports into those States         **when notification is given of
 of the products concerned;                         whereas these
 arrangements for allocation will            also      ensure the
 uniform application of the Common Customs Tariff ;
Whereas in view of these factors, the initial percentage shares of the quota volune
of the Member States other than Spain can be expressed approximately as follows :
    Benelux                          0.04
    Denmark                          1.00
    Germany                        13.17
    Greece                           0.64
    Italy                          77.61
    Portugal                         1.72
    United Kingdom                   5.S2
 ---pagebreak--- Whereas to allow for the trend of imports of the product             concerned , the
quota volume should be divided into two parts , the frist           being allocated
among the Member States and the second held as a reserve            to cover any
subsequent requirements of Member States which have used            up their initial
share ; whereas , to afford importers in each Member State some degree                                       \
of certainty, the first part of the tariff quota should be set at a                                           i
high level , which in this case could be 98 % of the quota volume                                             j
                                                                                                              \
Whereas the initial shares may be used up at different rates ; whereas , in                                    ;
order    to avoid any break in the continuity of supplies on this account ,
it should be provided that any Member State which has almost used up
                                                                                                              j
its initial share should draw an additional share from the reserve ;                                           j
whereas each time its additional share is almost used up a Member State                                         \
should draw a further share and so on 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 form of administration requires
close cooperation between the Member States and the Commission and the                                          ;
latter must be able to monitor the extent to which the quota volume has been                                    j
used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused , it is essential that the                                       j
Member State concerned should return a significant proportion thereof
to the reserve in order to prevent part of the Community tariff quota
from remaining unused in one Member State when it could be used in                                              j
others ;                                                                                                        j
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented by                                        |
the Benelux Economic Union , any operation concerning the administration
of the quota shares allocated to that economic union may be carried out
by any one of its members ,                                                                                       >
                                                                                                               ■}
HAS ADOPTED THIS REGULATION :
                                                                                                               i
                                              Article 1                                                        ij
1.      From 1 January to 31 December 1988 the customs duty applicable to
        imports of the following products shall be suspended at the level                                         ,!
        indicated and within the limits of a Community tariff quota as                                          j
        shown below :                                                                                             ;
                                                                                                               ■3
Order No         Combined                    Description           Amount of         Rate of
                 Nomenclature                                      tariff quota        duty                       I
                 code                                              ( tonnes )                                     ■j
09.0613               0710 21 00         Frozen peas , originating   6 000         4,5 in Spain                     !
                  ex 0710 29 00          in Sweden                                 6 in the other Member States
                                                                                                                    i
   2- The Protocol on the definition of the concept of                                                             !
   originating products and on methods of administrative                                                            !
   cooperation, annexed to the Agreement between the                                                               ]
   European Economic Community and Sweden shall be                                                                  I
   applicable.                                                                                                      )
 ---pagebreak---                                Article 2
      1.    The tariff quota referred to in Article 1 ( 1 ) shall be
            divided into two parts .
      , Tne first. . par.tof a
                                      this quota shall be shares
                                  r ._. _ _
                                                             allocated
      among main Member           Sate.; the racn^rtlVC
                                                le.pecnvo shares..
      wh2 subject to Article 5 shall be val.d unttl 31
      December 1987, shall be as follows :
                                                 (in tonnes)
              Benelux
              Denmark
                                                       184
              Germany
              Greece                                      9
              Spain                                 4 500
              Italy                                 1 087
              Portugal                                  24
               United Kingdom                           «1
         3. The second part               of the quote amounting to 100
         tonnes shall constitute the reserve.
4. If an importer gives notification of imminent imports of the products
   in question into a Member State not covered by the initial allocation
   and applies to take advantage of the quota , the Member State concerned
   shall inform the Commission and draw an amount corresponding to its
   requirements to the extent that the available balance of the reserve
   so permits .
                                               Article 3
1. If a Member State has used 90 % or more of its initial share , as
   specified in Article 2 ( 2 ), or of that share less any portion
   returned to the reserve pursuant to Article 5 , it shall forthwith ,
   by notifying the Commission and to the extent that the reserve so
   permits , draw a second share equal to 10 % of its initial share ,
   rounded up where necessary to the next whole number .
2. If after its initial quota share has been used up , a Member State has
   used 90 % or more of its second share as well , it shall forthwith
   using the procedure provided for in paragraph 1 , draw a third share
   equal to 5 % of the initial share , rounded up where necessary to
   the next whole number .
3. If , after its second share has been used up , a Member State has used
   90 % or more of its third share , it shall , using the procedure
   provided for in paragraph 1 , draw a fourth share equal to the third .
   This process shall continue until the reserve is used up .
 ---pagebreak--- 4. By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw
   smaller shares than those specified in the said paragraphs if there
   is reason to believe that they might not be used in full .    Member
   States 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 1988 .
                               Article 5
   By 1 October 1988 at the latest Member States must return to the
   reserve the unused portion of their initial share which , on 15
   September 1988 is in excess of 20 % of the initial volume . They may
   return a greater portion if there is reason to believe that it might
   not be used .
   By 1 October 1988 at the latest Member States must notify the Commission
   of the total quantities of the product concerned imported on or
   before 15 September 1988 and charged against the Community quota and
   of any portion of their initial share that they are returning to
   the reserve .
                               Article 6
   The Commission shall keep account of the shares drawn by Member States
   pursuant to Articles 2 and 3 and shall inform each Member State of the
   extent to which the reserve has been used up as soon as it has been
   notified .
   It shall inform the Member States not later than 5 October 1988 of the
   state of the reserve following any return of quota shares pursuant to
   Article 5 .
   It shall ensure that the drawing which exhausts the reserve does not
   exceed the balance available , and to this end notify the amount of
   that balance to the Member State making the final drawing .
                               Article 7
1. Member States shall take all appropriate measures to ensure that
   additional drawings of shares pursuant to Article 3 enable imports
   to be charged without interruption against their accumulated share
   of the Community tariff quota .
2. Member States shall ensure that importers of the product concerned
   have free access to the quota shares allocated to them .
3. Member States shall charge imports of the product concerned against
   their shares as and when the goods are entered with the customs
   authorities for free circulation .
4. The extent to which a Member State has used up its shares shall be
   determined on the basis of the imports charged in accordance with
   paragraph 3 .
 ---pagebreak---                                    Artide 8
At thre request of the Commission , Member States shall inform it of imports
actually charged against their quota shares .
                                   Artide 9
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                                   Article 10
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done  at Brussels ,
                                                 For the Counc i l
                                                 The President
 ---pagebreak---                FICHE D ' IMPACT SUR IA COMPETITIVITE ET L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et 1' emploi dans la
Communauté .