CELEX: 31978R0781
Language: en
Date: 1978-04-17 00:00:00
Title: Council Regulation (EEC) No 781/78 of 17 April 1978 concerning the arrangements applicable to trade in the agricultural sector between the European Economic Community and Cyprus

20 . 4. 78                          Official Journal of the European Communities                            No L 106/ 1
                                                            I
                                         (Acts whose publication is obligatory)
                                   COUNCIL REGULATION ( EEC) No 781 /78
                                                   of 17 April 1978
              concerning the arrangements applicable to trade in the agricultural sector
                           between the European Economic Community and Cyprus
THE COUNCIL OF THE EUROPEAN                                    Whereas from 1 April 1978 onwards certain agricul­
COMMUNITIES,                                                   tural products are no longer covered by preferential
                                                               arrangements in trade with the Community ; whereas
                                                               provision should therefore be made for certain addi­
Having regard to the Treaty establishing the European          tional autonomous measures , of a short-term nature ,
Economic Community, and in particular Article 113              in order to avoid disturbance in trade in the products
thereof,                                                       in question pending the entry into force of a
                                                               Supplementary Protocol on agricultural products ;
Having regard to the proposal from the Commission ,
                                                               Whereas equal and uninterrupted access to the
Whereas the Additional Protocol to the Agreement               Community tariff quotas provided for in this Regula­
establishing an association between the European               tion and uninterrupted application of the rates laid
Etonomic Community and the Republic of Cyprus                  down for those quotas to all imports of the products
signed on 15 September 1977 extends, until 31                  concerned into all Member States until each quota has
December 1979, with certain supplementary                      been used up should in particular be ensured for all
measures, the first stage of the abovementioned Agree­         Community importers ; whereas, having regard to the
ment ;                                                         abovementioned principles, the Community nature of
                                                               the quotas can^e respected by allocating them among
                                                               the Member States ; whereas , in order to reflect more
Whereas in a declaration annexed to the Final Act of           accurately the actual development of the market in
the Agreement the Community stated that it was                 the products concerned, such allocation should be in
prepared to re-examine with the Republic of Cyprus             proportion to the needs of the Member States,
the provisions of the Agreement relating to agricul­           assessed by reference to both the statistics of each
tural products, in the light of the result of work under­      State's imports of the said goods from Cyprus over a
taken with a view to a global approach to the Commu­           representative reference period and the economic
nity's relations with the Mediterranean countries, in          outlook for the quota period concerned ;
the course of which work the interests of Cyprus
should be taken into consideration ;
                                                               Whereas, however, neither Community nor national
Whereas as a result of the negotiations for the conclu­        statistics showing the breakdown for each of the types
sion of the abovementioned Additional Protocol an              of wines in question are available ; whereas, however,
exchange of letters took place concerning agricultural         it is to be anticipated that the greater part thereof will
products, whereby the Community undertakes to use              be imported into two Member States ; whereas in
its best endeavours to see that negotiations on agricul­       these circumstances the quota volumes should be allo­
ture take place in good time to put into effect the            cated in initial shares by reference to the probable
                                                               demand for these wines on the market of the various
conclusions of these negotiations on 1 January 1978 ;
                                                               Member States ;
whereas, by Regulation (EEC) No 301 8/77 ('), the
Community has laid down autonomous preferential
arrangements for certain agricultural products origi­
nating in Cyprus, which were applicable until 31               Whereas, in order to take into account import trends
March 1978 :                                                   for the products concerned in the different Member
                                                               States, the quota amount should be divided into two
(') OJ No L 355, 31 . 12. 1977, p. 42.                         instalments, the first instalment being allocated
 ---pagebreak--- No L 106/2                                Official Journal of the European Communities                                         20 . 4. 78
among the Member States and the second instalment                           Whereas if, at a specified date in the quota period, a
forming a reserve intended to cover the subsequent                          considerable balance remains in one or other Member
requirements of the Member States which have used                           State, it is essential that that Member State pays a large
up their initial quota shares ; whereas, in order to                        amount of it back into the reserve, in order to avoid a
ensure a certain degree of security to importers in                         part of the tariff quota remaining unused in one
each    Member State,         the   first    instalment    of the           Member State when it could be used in others ;
Community quota should be determined at a level
which , under present circumstances, may be 90 % of                         Whereas, since the Kingdom of Belgium, the
the quota amount ;                                                          Kingdom of the Netherlands and the Grand Duchy of
                                                                             Luxembourg are united in and represented by the
Whereas the initial shares of the Member States may                          Benelux Economic Union, all transactions concerning
be used up at different times ; whereas, in order to                        the    administration     of   shares    allocated  to    that
take this fact into account and avoid any break in                          economic union may be carried out by any of its
continuity, it is important that any Member State                            members,
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 as
and when each of its additional shares is almost                             HAS ADOPTED THIS REGULATION :
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 the                                                 Article 1
quota period ; whereas this method of administration
calls for close cooperation between Member States and                        From 1 April 1978, customs duties on imports into
the Commission , which must, in particular, be able to                      the Community of the products originating in Cyprus
observe the extent to which the quota amount is used,                       which are listed below shall be reduced by the percen­
and inform Member States thereof ;                                          tage rates indicated for each of them :
                    CCT                                                                                          Rate of
                  IlL'iulillg                                    Description                                    reduction
                     No                                                                                            (%>
                      07.01       Vegetables, fresh or chilled :
                                      F. Leguminous vegetables, shelled or unshelled :
                                          II . Beans (of the species Phaseolus) :
                                               ex a) From 1 October to 30 June :
                                                     — From 1 to 30 April                                           60
                                 ex H. Onions, shallots and garlic :
                                          — Onions, from 1 April to 15 May                                          60
                                     M. Tomatoes :
                                          ex I. From 1 November to 14 May :
                                                  — From 1 to 15 April                                             60
                                     S. Sweet peppers                                                              40
                                 ex T. Other :
                                          — Aubergines, from 1 to 30 April                                         60
                                          — Stick celery, from 1 to 30 April                                       50
                     08.02       Citrus fruit, fresh or dried :
                                 ex A. Oranges :
                                          — Fresh                                                                  60
                                 ex B. Mandarins (including tangerines and satsumas) ; Clementines,
                                          wilkings and other similar citrus hybrids :
                                          — Fresh                                                                  60
                                     D. Grapefruit                                                                 80
 ---pagebreak--- 20 . 4. 78                                  Official Journal of the European Communities                                                   No L 106/3
                    CCT                                                                                                          Rate of
                  heading                                               Description                                             reduction
                     No                                                                                                            (%)
                ex 08.09          Other fruit , fresh :
                                  — Melons, from 1 April to 31 May                                                                  50
                                  — Water melons , from 1 April to 15 June                                                          50
                     1 2.03       Seeds, fruit and spores, of a kind used for sowing :
                                  E. Other (a)                                                                                     60
                     1 2.08       Chicory roots, fresh or dried , whole or cut, unroasted ; locust beans,
                                  fresh or dried, whether or not kibbled or ground, but not further
                                  prepared ; fruit kernels and other vegetable products of a kind used
                                  primarily for human food, not falling within any other heading :
                                  C. Locust bean seeds                                                                             100
                     20.06        Fruit otherwise prepared or preserved, whether or not containing
                                  added sugar or spirit :
                                  B. Other :
                                       II . Not containing added spirit :
                                            a) Containing added sugar, in immediate packings of a net
                                                capacity of more than 1 kg :
                                                     2 . Grapefruit segments                                                        80
                                                ex 8 . Other fruits :
                                                         — Grapefruit                                                               80
                                            b) Containing added sugar, in immediate packings of a net
                                                capacity of 1 kg or less :
                                                     2 . Grapefruit segments                                                        80
                                                ex 8 . Other fruits :
                                                         — Grapefruit                                                               80
                                            c) Not containing added sugar, in immediate packings of a
                                                net capacity :
                                                1 . Of 4.5 kg or more :
                                                    ex dd ) Other fruits :
                                                             — Grapefruit segments                                                 80
                                                             — Grapefruit                                                          80
                                                2. Of less than 4.5 kg :
                                                    ex bb) Other fruits and mixtures of fruit :
                                                            — Grapefruit segments                                                   80
                                   '                        — Grapefruit                                                           80
           (a ) This concession is solely for seeds complying with the provisions of the Directives on the marketing of seeds and plants .
 ---pagebreak--- No L 106/4                              Official Journal of the European Communities                                    20 . 4 . 78
                   CCT                                                                                       Rate of
                  heading                                       Description                                 reduction
                    No                                                                                         <%>
                    20.07      Fruit juices (including grape must) and vegetable juices , whether or
                               not containing added sugar, but unfermented and not containing
                               spirit :
                               A. Of a specific gravity exceeding 1.33 at 15 °C :
                                   III . Other :
                                         ex a) Of a value exceeding 30 u.a . per 100 kg net weight :
                                                — Orange juice                                                  70
                                                — Grapefruit juice                                              70
                                         ex b) Of a value not exceeding 30 u.a . per 100 kg net
                                                weight :
                                                — Orange juice                                                  70
                                                — Grapefruit juice                                              70
                              B. Of a specific gravity of 133 or less at 15 °C :
                                   II . Other :
                                        a) Of a value exceeding 30 u.a . per 100 kg net weight :
                                           1 . Orange juice                                                     70
                                           2 . Grapefruit juice                                                 70
                                        b) Of a value of 30 u.a . or less per 100 kg net weight :
                                           1 . Orange juice                                                     70
                                           2 . Grapefruit juice                                                 70
                          Article 2                                       5. The shares drawn pursuant to paragraph 4 shall
                                                                          be valid until 15 May and 30 June 1978 respectively.
1.    From 1 April to 15 May 1978 , the Common
Customs Tariff duty on new potatoes, falling within
subheading ex 07.01 A II a) and originating in Cyprus                                             Article 3
shall be suspended at 5.2 % within the limit of a
Community tariff quota of 25 000 tonnes .
                                                                           1.   From 1 April to 15 May 1978 , the Common
                                                                          Customs Tariff duty on carrots, falling within
2.    From 16 May to 30 June 1978 , the Common                            subheading ex 07.01 G II and originating in Cyprus,
Customs Tariff duty on new potatoes, falling within                       shall be suspended at 6.8 % within the limit of a
subheading 07.01 A II b) and originating in Cyprus,                       Community tariff quota of 2 200 tonnes.
shall be suspended at 7.3 % within the limit of a
Community tariff quota of 75 000 tonnes.
                                                                          2 . The tariff quota referred to in paragraph 1 shall
                                                                          constitute the Community reserve.
3.    The tariff quota referred to in paragraphs 1 shall
constitute the Community reserves.                                        3.    If a need for such products arises in a Member
                                                                          State that State shall draw an adequate share from the
                                                                          reserve to the extent that the reserves so permit.
4.    If a need for such products arises in a Member
State that State shall draw an adequate share from the
corresponding reserve to the extent that the reserves                     4.    The shares drawn pursuant to paragraph 3 shall
so permit.                                                                be valid until 15 May 1978 .
 ---pagebreak--- 20 . 4. 78                             Official Journal of the European Communities                                    No L 106/ 5
                           Article 4                                              Italy                                    3
                                                                                  United Kingdom                          46
1 . From 8 to 30 June 1978 , the Common Customs
Tariff duty on table grapes, falling within subheading                   The second tranche of the quota, i.e. eight tonnes,
ex 08.04 Ala) and originating in Cyprus, shall be                        shall constitute the corresponding reserve .
suspended at 7.2 % within the limit of a Community
tariff quota of 500 tonnes.                                                                       Article 6
2. The tariff quota referred to in paragraph 1 shall                      1.    From 1 April 1978 , the Common Customs Tariff
constitute the Community reserve.                                        duty on dried grapes, in immediate containers of a net
                                                                         capacity of 1 5 kilograms or less, falling within
3. If a need for such products arises in a Member                        subheading 08.04 B I and originating in Cyprus, shall
State that State shall draw an adequate share from the                   be totally suspended within the limit of a Community
reserve to the extent that the reserve so permits.                       tariff quota of 125 tonnes.
                                                                         2.     The tariff quota referred to in paragraph 1 shall
4. The shares drawn pursuant to paragraph 3 shall                        be divided into two tranches .
be valid until 30 June 1978 .
                                                                         A first tranche of 1 10 tonnes of the quota shall be allo­
                           Article 5                                     cated among the Member States ; the shares which ,
                                                                         subject to Article 10, shall be valid until 30 June
1 . From 1 April 1978, the Common Customs Tariff                          1978 , shall be as follows :
duty on sweet peppers, falling within subheading                                                                        (tonnes)
07.01 S and originating in Cyprus, shall be suspended                             Benelux                                  5
at 4.5 % within the limit of a Community tariff quota                             Denmark                                  5
of 75 tonnes .
                                                                                  Germany                                 10
                                                                                  France                                   5
2.     The tariff quota referred to in paragraph 1 shall                          Ireland                                  5
de divided into two tranches .
                                                                                  Italy                                    5
A first tranche of 67 tonnes of the quota shall be allo­                          United Kingdom                          75
cated among the Member States ; the shares which,                        The second tranche of the quota, i.e. 15 tonnes, shall
subject to Article 10, shall be valid until 30 June                      constitute the corresponding reserve .
1978 , shall be as follows :
                                                   (tonnes)                                       Article 7
        Benelux                                       3                   1.    From 1 April 1978 , the Common Customs Tariff
        Denmark                                       3                  duties on the products originating in Cyprus which
        Germany                                       6                  are listed below shall be suspended at the rates indi­
        France                                        3                  cated for each j) f them , within the limit of a Commu­
         Ireland                                      3                  nity tariff quota of 2 500 hectolitres.
                     CCT
                                                                                                               Rate
                   heading                                     Description
                      No
                                                                                                             of duty
               22.05            Wine of fresh grapes ; grape must with fermentation arrested by the
                                addition of alcohol :
                                C. Other :
                                    I. Of an actual alcoholic strength not exceeding 13 °C, in
                                        containers holding :
                                       ex a) Two litres or less :
                                              — Wine of fresh grapes                                       3 u.a./ hl
                                   II. Of an actual alcoholic strength exceeding 13 °C but not
                                        exceeding 15 °C, in containers holding :
                                        ex a) Two litres or less :
                                              — Wine of fresh grapes other than liqueur wines of
                                                  an actual alcoholic strength of 15 °C                   3.5 u.a./ hl
 ---pagebreak--- No L 106/ 6                         Official Journal of the European Communities                                 20 . 4 . 78
2.     The tariff quota referred to in paragraph 1 shall                               Article 9
be divided into two tranches .
                                                               Each of the additional shares drawn pursuant to
A first tranche of 2 250 hectolitres of the quota shall        Article 8 shall be valid until 30 June 1978 .
be allocated among the Member States ; the shares
which , subject to Article 10 , shall be valid until 30
June 1978 , shall be as follows :                                                      Article 10
                                             (hectolitres)     Member States shall return to the reserve not later
     Benelux                                     50            than 1 June 1978 the unused portions of their initial
     Denmark                                     50
                                                               shares which on 15 May 1978 are in excess of 20 % of
                                                               the initial amounts. They may return a greater portion
     Germany                                     50
     France                                      50            if there are grounds for believing that such portion
     Ireland                                    100            may not be fully used up.
     Italy                                       50
                                                               Member States shall notify the Commission, not later
     United Kingdom                           1 900
                                                               than 1 June 1978 , of the total quantities of the
The second tranche of the quota, i.e. 250 hectolitres,
                                                               product in question imported up to and including 15
shall constitute the corresponding reserve.                    May 1978 and charged against the tariff quotas and of
                                                               any portion of their initial shares returned to each of
                                                               the reserves .
3 . The wines in question shall benefit from this
tariff quota on condition that the prices on import
into the Community are not at any time less than the                                   Article 11
free-at-frontier reference prices referred to in Regula­
tion ( EEC) No 2506/75 which apply to such prices.            The Commission shall keep an account of the
                                                               amounts of the shares opened by the Member States
                          Article 8                            pursuant to Articles 5 to 8 and, as soon as it has been
                                                               notified, shall inform each State of the extent to
1.     If 90 % or more of a Member State 's initial            which the reserves have been used up.
share, as determined in Articles 5 to 7, or of that share
                                                               It shall inform the Member States, not later than 5
minus any portion returned to the corresponding               June 1978 , of the state of each of the reserves after
reserve, where Article 10 has been applied, has been
                                                               amounts have been returned thereto pursuant to
used up, that Member State shall forthwith , by noti­          Article 10 .
fying the Commission, draw a second share, to the
extent that the corresponding reserve so permits,              It shall ensure that the drawing which exhausts any of
equal to 15 % of its initial share, rounded up to the          the reserves does not exceed the balance available and,
next whole number, if necessary.                               to this end, shall notify the amount of the balance to
                                                               the Member State making the last drawing.
2.     If, after any of the initial shares has been used
up, 90 % or more of the second share drawn by a
Member State has been used up, that Member State                                       Article 12
shall , under the conditions laid down in paragraph 1
and to the extent that the corresponding reserve so            1.    Member     States   shall   take    all    appropriate
permits, draw a third share equal to 7-5 % of its initial      measures     to ensure   that   additional    shares   drawn
share, rounded up to the next whole number, if neces­          pursuant to Article 8 are opened in such a way that
sary.                                                          imports may be charged without a break in continuity
                                                               against their aggregate shares of the tariff quota.
3.     If, after any of the second shares has been used
up, 90 % or       more of the third share drawn by a           2. Member States shall ensure that importers of the
Member State      has been used up, that Member State          product in question established in their territory have
shall, on the     conditions laid down in paragraph 1 ,        free access to the shares allocated to them .
draw a fourth     share equal to the third.
                                                               3.    The extent to which a Member State has used up
This procedure shall apply until the corresponding             its share shall be determined on the basis of the
reserve is used up.                                            imports entered at customs for home use.
4.     By way of derogation from paragraphs 1 , 2 and
3, Member States may draw shares less than those                                       Article 13
specified therein if there are grounds for believing
that those specified may not be fully used up. They            At the Commission's request, Member States shall
shall inform the Commission of their reasons for               inform it of imports actually charged against their
applying this paragraph .                                      shares .
 ---pagebreak--- 20 . 4 . 78                      Official Journal of the European Communities                          No L 106/7
                      Article 14                                                  Article 16
Member States and the Commission shall cooperate
closely to ensure that Articles 2 to 13 are complied        This Regulation shall enter into force on the day of its
with .                                                      publication in the Official Journal of the European
                                                            Communities.
                      Article 15
The Protocol on the definition of the concept of 'origi­    It shall apply from 1 April 1978 and until the entry
nating products' and on methods of administrative           into force of a Supplementary Protocol on agricultural
cooperation annexed to the Agreement between the            products between the European Economic Commu­
European Economic Community and Cyprus shall be             nity and the Republic of Cyprus or until 30 June
applicable .                                                1978 , whichever shall be the earlier.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 17 April 1978 .
                                                                        For the Council
                                                                         The President
                                                                         K. HEINESEN