CELEX: 51977PC0539
Language: en
Date: 1977-10-27
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for dried figs falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Spain (1978)#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B I of the Common Customs Tariff, originating in Spain (1978) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 539
Vol. 1977/0172
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(77)539 Final
                                                 Brussels , 27th October 1977
                          Proposal for a
                    COUNCIL REGULATION (EEC )
       on the opening , allocation and administration of
    a Community tariff quota for dried figs falling within
      subheading ex 08.03 B of the Common Customs Tariff ,
                   originating in Spain ( 1978 )
                          Proposal for a
                    COUNCIL REGULATION (EEC )
       on the opening , allocation and administration of
   a Community tariff quota for dried grapes falling within
     subheading ex 08 . 04 B I of the Common Customs Tariff ,
                   originating in Spain ( 1978 )
         ( submitted to the Council by the Commission)
 ---pagebreak---                                                                               "F!aP T.»ATTATOT? X MB?--OP
   !• Article k. of the Agreement                                                                                  "between tho j&u-opean
• Community ' p.nd Spain, road with Art-ides 2 and 9                                                                Annex I thereto ,
   provides for tho optmiiv; of Community tariff quotas for the importation
   into the Community of tho following products , originating in Spain, afc
   tho quota duties speoifi ed "bolow s
  T .   i i-   i il, . 11 ■ i|i,|,in m_*uu^>in        i>ni 11 ii i - 'i ■ m m " r * -■ * ■   ' ■ ■■ ■       " w"– * –          '1 1 ^ '
   CGT Koadinr No                                   Froduot                                  Annual Volumo                   Quota Duty
  «W*pww ■■ ■<                                       "«»w                    "" ^                       u
   &x 00.03 B                         •        • Certain dried                                .         200                30$ of the OCT duty
                                                 fifca
        OfloOA B I                               Certain dried                                        1 700 t              Exempt
                                                 /trapos»
    2.          However , this regime has been provided only for the importation of these
     products into the six original Member States , whereas the three new Member
      States have applied different regimes .
                In this situation , a uniform regime of importation should be established .
      Hence the forementioned quota volumes should be increased in such a manner as
      to take account of the traditional quantities imported in the new Member States .
      This leads to an increase to 1 900 tonnes in the quota for dried grapes and for
      dried figs to keep at the level of the initial quota .
 ---pagebreak---       This in the object of the proposals annexed hereto .
 3 . The RryvlaticnA provide , in the uoual way, for tho eplittin/r up of
 the tariff voliu'ieo into two parts , the first of which will bo allocated
 amon.r the Member Statee as <juota shares oxrn the second will be lcr:pt as
 n rcaorve#
 4 .  The allocation of the first parts of the rpiotas
               hns boen undertaken according to the rulon generally apnliod
 hitherto .  The total imports of each Member State for 197W to 1976 have
 been expressed as a proportion of total Community imports over the n-u/.o
 period . The resulting percentages have been applied State by St?te to the
 volume of the first part , theriast digit of the number of metric tons beiiv; #
 rounded off.'
5.    The ouota dntieft tire already fixed in tho KlSc/Spain A^reeMent. itsolf .
6 . The nroooned Reflations provide for a single method of administration
  to be armliod by all Member Stateo . namoly the "as and when" method .
   Annexes :
        2 proposals for regulations of the Counoil •
 ---pagebreak---                                                                                          ANNEX 1
                                                Proposal for a
                                       COUNCIL REGULATION ( EEC) No ...
                                             of
             on the opening , allocation and adainistraUoo of a Coaaunity tariff quota
          for drSsd figs falling »1 Wn subhead* :>o ex 03.03 B of the Coaison Custoas Tariff,
                                    originating In Spain (1978)
M COUNCIL OF THE EUROPEAN COKMUNITIES ,
Having regard to the Treaty establishing the
European Econoaic Coaaunity , and in particular
Articles 43 and 113 thereof.
Having regard to the proposal froa the Coaatssion ,
Having regard to the opinion of the European
Parliaaent (1 ),
Whereas the Agreeaent between the European
Econoaic Coaaunity and Spain (2) provides for the
opening by the Coaaunity of an annual Coaaunity
tariff quota of 200 tonnes of dried figs falling
within subheading ex 08.03 B of the Coaaon Custoas
Tariff, originating in Spain and iaported in
inaediate packings of a net capacity of 15 kilo-
grans or less; whereas the duty to be applied
under the quota has been fixed at 30£ of the
Coanon Custoas Tariff duty ; whereas these prefer­
ential tariff arrangeaents were laid down only for
inports of these products into the Meaber States
of the Coaaunity as originally constituted; whereas,
under the Act of Accession ( 3), iaports of these
products into the three new Meaber States are
subject to Conaon Custoas Tariff duties with effect
froa 1 January 1978; whereas the iaport arrangeaents
for these products should be unifora throughout the
Coaaunity; whereas this Coaaunity tariff quota should
be opened for the year 1978;
 (1 ) 0J No C
 ( 2) 0J No L 182, 16.8.1970, p. 2
 ( 3) 0J No L 73, 27.3.1972, p. 14.                                                           • • •/• • •
 ---pagebreak---                                                           - 2 -
  Whereas it is in particular necessary to ensure for
   all Community importers equal and uninterrupted
   access to the abovementioned quota and uninter­
   rupted application of the rate laid down for chat
   quota to all imports of the product concerned into
   all Member States until the quota has been used
   up ; whereas, having regard to the principles
   mentioned above, the Community nature of the
   quota can be respected by allocating the Community '
 ' tariff quota among the Member States; whereas, to
   represent as closely as possible the actual develop­
• ment of the market in the products in question, the
   allocation should follow proportionately the
   requirement of the Member States calculated from ,
   both statistics of imports from Spain during a
   representative period and the economic outlook for
   the tariff period in question ;
                                                            I
   Whereas, during the last three years for whioh
   statistics are available, the correspon<iing imports by
   each of the Member States represent the following
   percentages of the imports into the Community from
   Spain of the products concerned :
   Member States                   1974      1975   1976
   Bénélux                              -24
    Denmark                             -        -        -
   Germany                              -      82      96
    France                              -      16
    Ireland
    Italy                               -        -        -
   United Kingdom                       - – -
     Whereas, in view of these factors and of the
     estimates submitted by certain Member States as well
     as the practical need to ensure chat the obligations
     contracted under the Agreement concerned are *
     allocated fairly among the Member States, initial
     quota shares may be fixed approximately at the
     following percentages:             '.             ••• *•
   Bénélux                      6
    Denmark                     6
    Germany                    38
    France                     19
    Ireland                     6
    Italy                       6
    United Kingdom             19
    Whereas, in order to take into account import trends
    for the products concerned in the different Member
    States, the quota amount should be divided into two
    instalments, the first instalment being allocated
    among the Member States and the second forming
    a reserve intended ■ultimately to cover the require­
    ments of t)he Member States which have used up
    their initial shares; whereas, in order to ensure a
    certain degree of security to . importers in each
     Member State, the first instalment of die Community
 ---pagebreak---                                                           - 3 -
 quota should be determined at a level which, under
 present circumstances, may be 80% of the quota
 amount ;
Whereas, the initial shates of the Member States may
 be used up at different times ; whereas, in order to
take this fact into account and avoid any break in
continuity, it is important that any Member State
having used up almost the whole of its initial share
should draw an additional share from the reserve ;
whereas, this must be done by each Member State               2. The second instalment of 40 ionnes             * shall
as and when each of ks additional shares is almost            constitute the reserve.
entirely used up, and repeated as many times as the
reserve allows; whereas the initial and additional
shares must be available for use until the end of
rhe quota period ; whereas . this method of                                             Article 3
administration calls for close cooperation between
 Member States and the Commission, which must, in              1 . If 90% or more of the initial share of a Member
particular, be able to observe the extent to which
the quota amount is used and inform Member                    State, as lard down in Artide 2 ( 1 ), or 90 % of that
States thereof;                                               share less the amount returned into the reserve, where
                                                              the provisions of Article 5 have been applied, has
                                                              been exhausted, that Member State shall proceed
Whereas if, at a given date in the quota period, a            without, delay, by notifying the Commission, to draw
considerable quantity of the initial share is left over       a second share equal to 15% of its initial share,
in a Member State, it is essential that each State            rounded up to the next unit where appropriate, to
should return a significant proportion to the reserve         the extent that the amount in the reserve allows.
to prevent a part of the Community quota from
remaining unused in one Member State while it could
be used in others;                                             2. If, after its initial share has been exhausted, 90%
                                                               or more of the second share drawn by a Member
Whereas, since the Kingdom of Belgium, the King­               State has been used, that Member State shall proceed
dom of the Netherlands and the Grafld Duchy of                without delay, in accordance with the conditions laid
Luxembourg are united in and represented by the                down in paragraph 1 , to draw a third share equal
Benelux Economic Union, any measure concerning                 to 7-5% of its initial share, rounded up to the next
the administration o»f the quota shares allocated to           unit where appropriate, to the extent that the amount
                                                               in the reserve aJlows.
that economic union may be carried out by , any of
its members,
                                                               3 . If, after its second share 'has been exhausted, 90%
 HAS ADOPTED THIS REGULATION :                                 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 .
                        Article 1
                                                               This process shall be applied until the reserve is
 From 1 January until 31 December 197c , the                   exhausted.
 Common Customs Tariff duties in respect of dried
 figs falling within subheading ex 08.03 B, originating
 in Spain and imported in immediate packings of a net          4. Notwithstanding the provisions of paragraphs 1 ,
 capacity not exceeding 15 kilograms          shall be         2 and 3, the Member States may proceed to draw
 partially suspended at 3% within the limits of a              shares smaller than those fixed in those paragraphs,
 Community tariff quota of 200 "tonnes .                     ; if there is reason to believe that those shares might
                                                                not be used up. They shall inform rhe Commission of
                                                                the reasons which led them to apply this paragraph.
                         Article 2
                                                                                         Article 4
 1 . A first instalment, amounting to 160 tonnes
 of the Community tariff quota referred to in Article 1 ,      Each of the additional shares drawn pursuant to
 shall be allocated among rhe Member States ; the              Article 3 shall be valid until 31 December 1978.
 respective shares, which subjeot to Article 5 shall be
 valid until 31 December 197 xhail be as follows :                                                              ■O•/••I
 ---pagebreak---                                                                     - 4 -
                         Article S                          drawn pursuant to Article 3, it is possible for charges
                                                            to 'be made wichomt interruption against their
The Member States shall return to the reserve, not          accumulated shares of the Community quota.
later than 1 Octo>ber 197 $ the unused portion of their
initial share which, on 15 September 197 & is in excess     2. The Member States shall ensure that importers of
of 20% of tfhe initial amount. They may return a            the said goods established in their territory have free
greater portion if there are grounds for believing that     access to the shares allocated to them.
such portion may not ibe used in fu'il.
                                                            3. The Member States shall charge imports of the
The Member States shall, not later than 1 October           product concerned against their shares as and when
197 § notify the Commission of the total quantities         the goods are entered for home use.
of the said goods imported up to and including
15 September 197 § and charged against the                  4. The extent to which a Member State has used up
appropriate Community tariff quota and any                  its share shall be determined on the basis of the
quantities of the initial share returned to the reserve.     imports charged in accordance with paragraph 3.
                         Article 6
                                                   \
                                                                                    Article 8
The Commission shall keep account of the shares
opened by Member States in accordance with Articles
2 and 3 and shall inform cich of them of the extent          Member States shaK inform the Commission at
to which ehe reserve has been used as soon as it             regular intervals of imports actually charged against
receives the notifications.                                  their shares.
The Commission shall, not later than 5 Ootolber 1978,
notify Member States of the amount in the reserve
after the return of shares pursuant to Article 5.                                    Article 9
The Commission shall ensure t3>at any drawing which          The    Member States     and the    Commission shall
uses up the reserve is limited to the balance available      cooperate closely in order to ensure that this
and, for this purpose, shall specify the amount there­       Regulation is observed.
of to the Member State which makes the final
drawing.
                                                                                    Article 10
                          Article 7
 1. The Member Stapes sfhall take all appropriate            This Regulation shall enter into force on 1 January
measures to ensure that, when additional shares are           197 a
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.                        . '
               Done at Brussels,
                                                                             • For the Council
                                                                                The President
 ---pagebreak---                                                                                       ANNEX TL
                                          Proposal for a
                                COUNCIL REGULATION ( EEC) No ...
                                       of
           on the opening , allocation and administration of a Community tariff quota
       for dried grapes falling within subheading 08.0* B I of the Coaaon Customs Tariff,
                                   originating in Spain (1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Econonic Community, and in particular Articles 43
and 113 thereof,
Having regard to the proposal from the Coaalssion ,
Having regard to the opinion of the European
Parliament ( 1 ),
Whereas the Agreement between the European Economic
Community and Spain ( 2) provides for the
by the Community of an annual duty-free Conaunlty
tariff quota of 1700 tonnes of dried grapes falling
within subheading 08.04 B I of the Common Customs
Tariff, originating in Spain and iaported in
immediate containers of a net capacity of 15 kilo-
grans or less; whereas these preferential tariff
arrangements were laid down only for imports of
these products into the Member States of the Community
as originally constituted; whereas , under the Act of
Accession ( 3), Imports of these products into the
three new Member States are subject to Common Customs
Tariff duties with effect from 1 January 1978; whereas
the import arrangements for these products should be
uniform throughout the Community ; whereas the afore­
mentioned annual quota should be increased to 1,900
tonnes ; whereas this Community tariff quota should be
opened for the year 1978;
( 1 ) OJ No C
( 2) OJ No L 182, 16.8.1970, p. 2
( 3) OJ No L 73, 27.3.1972, p. 14.                                                             * • •/• • •
 ---pagebreak---   Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access
 to rhe abovementioned quota and uninterrupted
 application of che rate laid -down for that quota to all
 imports of the product concerned into all Member
 States until the quota has been used up; whereas,
 'having regard to the principles mentioned above, the
 Community nature of rhe quota can be respected by
 allocating the Community tariff quota among the
  Member States ; whereas, to represent as closely as
 possible the actual development of she market in the
  products in question, the allocation should follow
  proportionately the requirement of the Member States
  calculated from both statistics of imports from Spain ,
  during a representative period and the economic
  outlook for the tariff period in question;
  Whereas, during the last three years cor which
  statistics are available, the corresponding imports by
  each of the Member States represent the following
  percentages of the imports into the Community from
  Spain of the products concerned:
"Whereas, in view of these factors and of the estimates
submitted by certain Member States, initial quota
 shares may be fixed approximately at the following
 percentages :
  Bénélux                            9,9
  Denmark                            1,0
  Germany                            3,6
  France                           42,7
  Ireland                            0,6
  Italy                              8,0
  United Kingdom                   34,2
 ---pagebreak---                                                                                                  tonnes
Whereas, in order to take into acoount import trends                Bénélux                         150
for the product concerned in the different Member                    Denmark                         15
States, the quota amount should be divided into two ,               Germany                          55
instalments, the first instalment 'being allocated                   France                         650
among the Member States and the second forming                       Ireland                         10
a reserve intended ultimately to cover the require­
ments of the Member States whidh have used up their                  Italy                          120
initial quota shares ; whereas, in order to ensure a                United Kingdom                  520
certain degree of security to importers in each
Member State, the first instalment of the Community                2. The second instalment of             380 tonnes shall
quota should 'be determined at a level which, under                constitute the reserve.
present circumstances, may be 80% of the quota
amount ;
                                                                                             Article 3
Whereas the initial quota shares of the Member States
 may be used up at different times ; whereas, in order              1 . If 90% or more of the initial share of a Member
 to take this fact into account and avoid any break                State, as laid down in Article 2 ( 1 ), or 90% of that
 in continuity, it is important that       any Member State        share less the amount returned into the reserve, where
 having used up 'almost the whole          of its initial quota    the provisions of Article 5 have been applied, has
 share should "draw an additional           quota share from       been exhausted, that Member State shall proceed
 the reserve; whereas, this must            be done by each        without delay, "by notifying the Commission, to draw
 Member State as and when each of its additional                   a second share equal to 15% of its initial share,
 quota shares is almost entirely used up, and repeated             rounded up to the next unit where appropriate, to
  as many times as the reserve allows; whereas the                 the extent that the amount in the reserve allows.
  initial and additional quota shares must ibe available
  for use until the end of the quota period ; whereas
  this        method    of  administration    calls  for   dose    2. I'f, after its initial share has taeen exhausted , 90%
  cooperation between Member States and the Com­                    or more of the second share drawn by a Member
  mission, which must, in particular, be able to observe           State has been used, that Member State shall proceed
  the extent to which the quota amount is used and                 without delay, in accordance with the conditions laid
  inform Member States thereof;                                    down in paragraph 1 , to draw a third share equal
                                                                   to 7-5% of its initial share, rounded up to the next
  Whereas if, at a given date in the quota period,                  unit where appropriate, to the extent that the amount
  a considerable quantity of the initial share is left              in the reserve allows .
  over in a Member State, it is essential that each State
  should return a sigrrificaht proportion to the reserve
  to prevent a part of the Community quota from                  ' 3. If, after its second share has been exhausted, 90%
  remaining unused in one Member State while it could               or more of the third share drawn by a Member State
  be used in others ;                                               has been used, that Member State shall, in accordance
                                                                 ■ with the same conditions, draw a fourth share equal
                                                                    to the third.
  Whereas, since the Kingdom of Belgium, the Kingdom
  of the Netherlands and tlhe Grand Duchy of Luxem­
   bourg are united in and represented by the Benelux               This process shall be applied until the reserve is
                                                                    exhausted.
   Economic Union, any measure concerning the
   administration of the quota shares allocated to that
   economic union may fee carried out by any of its                 4. Notwithstanding the provisions of - paragraphs 1 ,
   members,                                                         2 and 3, 'the Member States may proceed to draw
                                                                ; shares smaller than those fixed in those paragraphs,
                                                                    if there is reason to believe that they might not be
   HAS ADOPTED THIS REGULATION:                                     used up. They shall inform the Commission of the
                                                                    reasons whidi led them to apply this paragraph.
                              Article 1
                                                                                             Article 4
   From 1 January until 31 December 1978, the
   Common Customs Tariff duties in respect of dried
   grapes falling within subheading 08.04 B I, originating        Each of the additional shares -drawn pursuant to
                                                                  Article 3 shall be valid until 31 December 1978.
   in Spain and imported in immediate containers of
   a net capacity not exceeding 15 kilograms _ shall
   be entirely suspended within the limits of a Com­
   munity tariff quota o(f 19 00 tonnes                                                      Article 5
                              Article 2
                                                                  The Member States shall return to the reserve, not
    1 . A first instalment, amounting to 1 520 tonnes             later than 1 October 1978, the unused portion of their
    of the Community tariff quota referred to in Article 1,       initial share which, on 15 September 1978, js in excess
    shall be shared among the Member States; the                  of 20% of the initial amount. They may return a
    respective shares, which subject to Article 5 shall be        greater portion if there are grounds for believing that
    w j '.i .i .It December 197a, shall be as follows:             such portion may not be used in full.
 ---pagebreak---                                                         - 4 -
The Member States shall, not later than 1 October            to be made without interruption against their
1978, notify the Commission of the total quantities          accumulated shares of rhe Community quota.
of the said goods imported up to and including
15 September 197 & and charged against the appro­            2. The Member States shall ensure that importers of
priate Community tariff quota and any quantities of          the said goods established in their territory have free
the initial share returned to the reserve.                    access to the shares allocated to them.
                                                             3. The Member States shall charge imports of the
                         Article 6                           product concerned against their shares as and when
                                                              the goods are entered for home use.
The Commission shall keep account of the shares              4. The extent to which a Member State has used up
opened by Member States in accordance with Artides            its share shall be determined on rhe 'basis of the
2 and 3 and shall inform each of them of the extent           imports charged in accordance with paragraph 3.
to which the reserve has been used as soon as it
receives rhe notifications.
                                                                                      Article 8
The Commission shall, not later than 5 October 19^5 ,
notify Member States of the amount in the reserve             Member States shall inform the Commission at
after the return of shares pursuant to Article 5.             regular intervals of imports actually charged against
                                                              their quota shares.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available
                                                                                      Article 9
and, for this purpose, shall specify the amount there­
of to the Member State which makes the final
drawing.                                                      The Member States and           the Commission shall
                                                              cooperate dosely in order to ensure that this
                                                               Regulation is observed.
                         Article 7
                                                                                      Article 10
 1. The Member States shall take all appropriate
measures to ensure that, when additional shares are            This Regulation shall enter into force on 1 January
 drawn pursuant to Article 3, it is possible for charges       1978.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                For the Council
                                                                                 The President
 ---pagebreak--- FINANCIAL              STATEMENT
1 . Budget line concerned ; Ch » 12 Art » 120
2 . Legal basis i   Art . 43 and 113
3 . Title of the tariff measure :
     Proposals for regulations ( EEC ) of the Council opening , allocating and
     providing for the administration of Community tariff quotas for dried
     figs and dried grapes , originating in Spain ( 1978 )
4 . Objectives ï
     Fulfilment of a contractual obligation ( Agreement EE / Spain )
5 . Method of calculation :
       No of CCT               ex 08.03 B            08.04 B. I
       Quota volumes               200 t              1 700 t
       Quota duty rate              3%                     0%
       Duty rate CCT               10%                     4%
6 . Loss of receipts :     115,000 EUR
                              /
                                                              l .
                                                              1 1