CELEX: 51979PC0472
Language: en
Date: 1979-09-10
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II (c) (1) (aa) of the Common Customs Tarrif, originating in Israel (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 472
Vol. 1979/0164
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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(79)472 final
                                            Brussels , 10 September 1979
                                Proposal for a
                           COUNCIL REGULATION ( EEC ?
         opening / allocating and providing for the administration
           of a Community tariff quota for apricot pulp falling
            within subheading ex 20.06 B II ( c ) ( 1 ) < aa) of the
            Common Customs Tarrif , originating in Israel ( 1980)
                ( submitted to the Council by the Commission)
COM ( 79) 472 final
 ---pagebreak---                                    V. ,»LAMT.W ME^OPANDUM
           .. Th« Agreement between the European Economic Community and the St*te
              of Israel provides in Article 10 of Protocol N° 1 annexed thereto
               for the opening of an annual Community tariff quota for the impor­
              tation into the Community of 150 metric tons of apricot pulp , origi­
              nating in Israel , falling within subheading ex 20.06 8 II c ) 1 aa )
              of the Common Customs Tariff .
              The customs duties applicable within the limits of this quota are
                                                                   *
              equal to 70% of the duties actually applied to non^rnember countries .
              Accordingly the tariff quota in question has to be opened for 1980 .
          2.  The proposal for a Regulation opening this tariff quota provides ,
              ?s is. customary , for the division of the quota volume into two     •
              instalments , the first being allocated among the Member States as
              quofA chares , the second being held as a reserve .
              It does not seem possible , in this case , to base the allocation of
              th «» first tranche ori the rules generally applied , that is , to relate
              th® total imports by each Member State during the past three years to
              tb' Community imports over the same period and to apply for each Member
              Si -ile the resulting percentages to the volume of the first tranche .
              As over the course of the last ten years the Member States have
              imported the goods only occasionally if at all , an allocation scale
              based on estimates put forward by some Member States and on the need
              to allocate the quota volume fairly among the Member States appears
              suitable .                                 '
          3'. It is proposed that the proposal for a Council Regulation opening
              the Community tariff quota described in paragraph 1 above be approved .
                          I                                                      I
_ANN £X s 1 proposal for a Regulation ( EEC ) of the Council®
 ---pagebreak---                                                Proposal for a
                                        COUNCIL REGULATION ( EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs
                                           Tariff and originating in Israel ( 1980 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                 .       Whereas, during the last three years for which statistics
                                                                 are available, the corresponding imports by each of the
                                                                 Member States represent the following percentages of
                                                                 total imports of the product in question, originating in
                                                                 Israel :
Having regard to the Treaty establishing the European                       Member States      I            197?*     1 97*0
Economic Community, and in particular Article 113
thereof,                                                          Bénélux                           1.4    5.6      12.9
                                                                  Denmark
                                                                  Germany                          57.1    3.5
                                                                                                             β      77.3
Having regard to the proposal from the Commission,                France                           41.5
                                                                  Ireland
                                                                  Italy
                                                                  United Kingdom                         90.9         9.8
Whereas the Agreement between the European
Economic Community and the State of Israel (*), signed
on 11 May 1975 , provides, in Protocol 1 annexed
thereto, for the opening by the Community of an annual
Community tariff quota of 150 tonnes of apricot pulp,             Whereas      these      data   cannot be   considered      as
falling within subheading ex 20.06 B II c) 1 aa) of the           representative to serve as a basis for allocation of the
Common Customs Tariff and originating in Israel;                  quota volume among the Member States; whereas it is
whereas the customs duties applicable to the quota are            difficult to estimate imports by Member States for 1979
equal to 70% of the customs dudes actually applied to             because of the absence of any pattern in previous years;
non-member countries ; whereas the Community tariff               whereas to allocate the quota volume on a fair basis, the
quota in question should therefore be opened for 1980 /           initial quota shares may be fixed approximately as
                                                                  follows :
                                                                          Bénélux                                12%
Whereas it is in particular necessary to ensure for all                   Denmark                                 5%
Community importers equal and uninterrupted access                        Germany                                25%
to the abovementioned quota and uninterrupted                             France                                  7%
 application of the rates laid down for that quota to all                 Ireland                                 6%
 imports of the products concerned into all Member                                                                6%
States until the quota has been used up; whereas, having                  Italy
                                                                          United Kingdom                         40 %
 regard to the above principles, the Community nature
 of the quota can be respected by allocating the
 Community tariff quota among the Member States;
whereas, in order to reflect as accurately as possible the        Whereas, in order to take into account import trends
 true trend of the market in the products in question,            for the products concerned in the various Member
 such allocation should be in proportion to the                   States, the quota amount should be divided into two
 requirements of the Member States, calculated by                 instalments, the first being shared among the Member
 reference to the statistics for imports from Israel over a       States and the second constituting a reserve to cover at a
 representative reference period and also to the economic         later date the requirements of the Member States which
 outlook for the quota period in question;                        have used up their initial quota shares; whereas, in
                                                                  order to give importers in each Member State a certain
                                                                  degree of security, the first instalment of the
                                                                  Community quota should under the circumstances be
  ( ') OJ No L 136, 28 . 5. 1975, p. 3.                           fixed at 80% of the quota volume;
 ---pagebreak---                                                                - 2 -
Whereas the Member States' initial shares may be used       subject to Article 5 shall be valid until 31 December
up at different times ; whereas, in order to take this fact 1960 shall be as follows :
into account and avoid any break in continuity, any
                                                                                                            (tonnes)
Member State which has almost used up its initial quota              Bénélux                                  14
share should draw an additional share from the reserve;
whereas this must be done by each Member State as and                Denmark                                     (,
when each of its additional shares is almost used up,                Germany                                   30
and repeated as many times as the reserve allows;                    France                                     8
whereas the initial and additional share must be valid               Ireland                                    $
until the end of the quota period; whereas this method               Italy                                       6
of administration requires close cooperation between
the Member States and the Commission, and the latter                 United Kingdom                            50
must be in a position to monitor the extent to which the
quota volume has been used up and to inform the             2. The second instalment amounting to 30 tonnes shall
Member States thereof;                                      constitute the reserve.
 Whereas if, at a given date in the quota period, a
 substantial quantity remains unused in any Member
 State, it is essential that that Member State should                                 Article 3
 return a significant proportion to the reserve to prevent
                                                             1 . If 90% or more of a Member State's initial share as
 a part of any tariff quota from remaining unused in one
 Member State when it could be used in others;              specified in Article 2 ( 1 ), or 90% of that share minus
                                                            the portion returned to the reserve where Article 5 has
                                                            been applied, has been used up, then, to the extent
                                                            permitted by the amount of the reserve, that Member
WTiereas, since the Kingdom of Belgium, the Kingdom         State shall forthwith, by notifying the Commission,
of the Netherlands and the Grand Duchy of                   draw a second share equal to 15% of its initial share,
Luxembourg are united in and represented by the              rounded up where necessary to the next unit.
Benelux Economic Union, any operation relating to the
administration of the quota shares allocated to that        2. If, after one of its initial shares has been used up,
economic union may be carried out by any of its              90% or more of the second share drawn by a Member
members,                                                    State has been used up, then, to the extent permitted by
                                                            the amount of the reserve, that Member State shall , in
                                                             accordance with the conditions laid down in paragraph
                                                             1 , draw a third share equal to 7-5% of its initial share,
                                                             rounded up where necessary to the next unit. ,
HAS ADOPTED THIS REGULATION:
                                                             3. If, after one of its second shares has been used up,
                                                             90% or more of the third share drawn by a Member
                                                             State has been used up, that Member State shall, in
                                                             accordance with the conditions laid down in paragraph
                           Article 1                         1 , draw a fourth share equal to the third.
 1 . From 1 January until 31 December 19 80 a               This process shall continue until the reserve is used up.
Community tariff quota of 150 tonnes shall be opened
 in the Community for apricot pulp, falling within
subheading ex 20.06 B II c) 1 aa) of the Common              4. By way of derogation from paragraphs 1 , 2 and 3, a
Customs Tariff and originating in Israel.                    Member State may draw shares smaller than those fixed
                                                             in those paragraphs if there is reason to believe that they
 2. Within the limits of this tariff quota, the Common       might not be used up. It shall inform the Commission of
 Customs Tariff duty applicable to these products shall      its reasons for applying this paragraph.
 be suspended at a rate of 11-9%
                          Article 2                                                   Article 4
  1 . A first instalment of 120 tonnes of the Community      Each of the additional shares drawain pursuant to
 tariff quota referred to in Article 1 shall be allocated    Article 3 shall be valid until 31 December 1980
 among the Member States; the respective shares, which
 ---pagebreak---                           Article 5                               Article 3 are opened in such a way that imports may be
                                                                  charged without interruption against their accumulated
The Member States shall return to the reserve , not later         shares of the tariff quota.
than 1 October 19 80 such unused portions of their
initial share as, on 15 September 19 80 is in excess of           2 . The Member States shall ensure that importers of
20% of the initial volume. They may return a larger               the products in question established in their territory
quantity if there are grounds for believing that this             have free access to the shares allocated to them .
quantity may not be used .
                                                                  3 . The Member States shall charge the imports of the
The Member States shall notify the Commission , not               products concerned against their shares as and when the
later than 1 October 1980 of the total quantities of the          products are entered with customs authorities for home
products in question imported up to 15 September 19 80            use .
and charged against the tariff quota and of any quantity
of the inital shares returned to the reserve.                     4 . The extent to which a Member State has used up its
                                                                  share shall be determined on the basis of the imports
                                                                  charged in accordance with paragraph 3 .
                          Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and                                     Article 8
3 and , as soon as it is notified , shall inform each State
of the extent to which the reserve has been used up.              At the Commission's request, the Member States shall
                                                                  inform it of imports actually charged against their
It shall inform the Member States , not later than 5              shares.
October 1980 °f the amount in the reserve after
quantities have been returned thereto pursuant to
Article 5 .
                                                                                           Article 9
It shall ensure that the drawing which uses up the
reserve does not exceed the balance available and, to             The Member States and the Commission shall cooperate
this end, notify the amount of that balance to the                closely to ensure that this Regulation is complied with.
Member State making the last drawing.
                          Article 7                                                        Article 10
1 . The Member States shall take all measures necessary           This .Regulation shall enter into force on 1 January
to ensure that additional shares drawn pursuant to                1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
                                                                                                                      I
               Done at Brussels,              _           *
                                                                                         For the Council
                                                                ,                         The President