CELEX: 51978PC0341
Language: en
Date: 1978-07-20
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh or chilled tomatoes falling within subheading ex 07.01 M of the Common Customs Tariff, originating in the African, Caribbean and Pacific-States and in the overseas countries and territories (1978/79) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 341
Vol. 1978/0128
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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 European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(78)341 final.
                                                  Brussels . 20 July 1978
                              Proposal for a
                         COUNCIL REGULATION (EEC )
   opening , allocating and providing for the administration of a
   Community tariff quota for fresh or chilled tomatoes falling
   within subheading ex 07.01 M of the Common Customs Tariff ,
   originating in the African , Caribbean and Pacific-States and
   in the overseas countries and territories ( 1978/79 )
              ( submitted to the Council "by the Commission)
 COM(78) 341 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
  On 28 February 1978, the . Counci I defined in Regulation ( EEC ) N° 430/ 78
  ( OJ N° L 59 of . 1.3.1978 , p. 48 ) the tariff treatment applicable to
  fresh or chi lied tomatoes falling within subheading ex G7.01 M of
  the CCT, originating in the ACP States antf the OCT .
  Article 1 of that Regulation provides for the opening of a Community
  tariff quota of 1.000 tonnes of the product in question at duties equal
  to 40% of the CCT duties , with a minimum charge of 2 u . a / 100 kg , for
  the period from 15 November 1978 to 15 " April 1979 .
  It is therefore necessary to open the tariff quota in question , by
  means of the proposal in annex .               •
  The Regulation provides " for the quota volume to be devided into two ,
  instalments , the first being allocated among the Member States and
  the second held as a Community reserve .
  In the absence of Community statistics covering a sufficiently represen
  tative period , the - initial shares have been fixed on the basis of each
  Member State 1 ? capacity to absorb the product in . question , and the
  forecasts supplied by a number of them .                       *
• The Commission proposes the " grey hound system" as form of administra­
  tion .
 ---pagebreak---                                          Proposa I for a
                               COUNCIL REGULATION ( EEC )
                             *
                   opening , allocating and providing for the- administration,
                   of a Community tariff quota for fresh or chilled tomatoes
                   falling within subheading ex 07.01 M " of the Common Customs
                   Tariff , originating in the African , Caribbean and Pacific-
                     States and in the overseas countries and territories
                                             ( 1978/ 79 )
     THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
     Having regard to the Treaty establishing the European Economic Community , and
     in part+cular Articles A3 and 113 thereof /
     Having regard to the proposal from the Commission , .
     Having regard to the opinion of the European Parliament ,
                                                                 (1)
     Whereas Article 1 of Council Regulation ( EEC ) N° 430/ 78      provides for the
     opening by the Community of a Community tariff quota of 1.000 tonnes of fresh
     or chiLled tomatoes falling Within subheading ex 07.01 M I of the Commbn Customs
     Tariff , originating in the African , Caribbean and Pacific States or in the overseas
     countries and territories ; whereas the quota period runs from 15 November 1978 to
     15 April 1979 ; whereas the customs duty applicable ta the quota is set at 4,4% ,
     with a minimum charge of two units of account per 100 kilograms net weight ;
     whereas it is therefore necessary to open the Community tariff quota in question ;
     Whereas it is in particular necessary to ensure to all importers of the Member
     States equal and uninterrupted access to the quota and uninterrupted application
     of the rate laid down for that quota to all imports Of the product' in question
     into all Member States unti I . the quota has been used up ; whereas having regard
     to the above principles the Community nature of the quota can be respected by
      allocating the tariff quota among the Member States ; whereas , to reflect most
      accurately the actual development of the market in the products in question ,
      such allocation should be in proportion to the requirements of the Member States ,
( 1 ) 0J N° L 59 of 1.3.1978, p. 48.
 ---pagebreak---                                          - 2 -
assessed by reference both to the statistics relating to imports from the
countries in question over a representative reference period and to the economic
outlook for the quota period concerned ;
Whereas in this -case , however , neither Community nor national statistics for
the goods in question are available and no reliable estimates of future imports
can be made ; whereas , in these ci rcumstances , the quota volume should be
allocated in initial shares , taking into account demand for these goods on
the markets of the various Member States ;
                                                                                \
 ---pagebreak---    Whereas, to take into account import trends for the
   products concerned in the various Member States,
   each of the quota amounts should be divided into two
   instalments, the first being allocated among the
   Member States and the Second held as . a reserve
   intended to cover at a later date the requirements of
   Member States who have used up their initial share ;
   whereas, in order to guarantee some degree of security
   to importers in each Member State, the first -instal­
  ment of the Community quotas should be fixed at a
  level which could, in the present circumstances, be
    60£ of the quota volume ;
  Whereas the initial shares of the Member States may
   not be used up at the same rate ; whereas, in order to
 •take this into account and to avoid disruption , any
   Member State which has used up almost the shole .
   its initial share should draw a supplementary share
   from the relevant reserve ; whereas this should be
   done by each Member State each time' one of its
^ supplementary shares is almost used up, and so on as
   many times as the reserve allows ; whereas the initial ,
   and supplementary shares should be valid until the
   end of the quota period ; whereas this form of adminis­
  tration requires close collaboration between the
 • Member States and the Commission , and the Commis­
   sion must be in a position to follow the extent to
   which , the quota volume        has been used up and
   inform the Member States thereof ;
   Whereas, if at a given date in the quota period a
   Member State has a considerable quantity of Ms
    initial share: left over, it is essential that it should
    return a significant proportion thereof to the ""levant
    reserve, to prevent a part " of . the
    Community quota remaining unused in one Member
   State when it could be used in others ;
   Whereas, since the Kingdom of Belgium, the
    Kingdom of the Netherlands and the Grand Duchy of'
    Luxembourg are united in and represented- by the
    Benelux Economic Union, all transactions concerning
    the administration of shares allocated           to that
   economic union may be carried out by any one of its
    members,                             -
    HAS ADOPTED THIS REGULATION :
 ---pagebreak---                           Article 1
  1 . From 15 November 1978 to 15 April 1S79, a Community
  tariff quota of 1.000 tonnes shall be opened in the
  Cosaunity for fresh or chilled tomatoes falling
  within subheading ex 07.01 M I of the Common Customs
  Tariff , originating in the African , Caribbean and
  Pacific States or in the overseas countries and
  territories.
  2. Within this tariff quota the Conoon Custoos
    Tariff duty applicable to the products shall be
    suspended at 4,$ with a limnm charge of two
    units of account per 100 kilograns net veight.
                          Article 2
 1.     A first instalment of "00 tonnes of the Com­
 munity tariff quota referred to. in Article 1 shall be al­
located among the Member States ; the shares which,
subject to Article 5 shall be valid until 15 April
  1S7S, shall be as follows:
          Bénélux                     50
                                           tonnes,
          Denmark                     30 tonnes,
          Germany                     50 tonnes,
          France                     380 tonnes,
          Ireland                     30 " tonnes,
          Italy                       30' tonnes,
          United Kingdom               30  tonnes .
2.      A second instalment of 400 tonnes shall consti­
 tute the reserve.
                         Article 3
 1 . If 90 % or more of any Member State's initial
share as laid down in Article 2 ( 1 ), or 90% of that
share less the amount returned into the reserve,
where Article 5 has been applied, has been exhausted,
that Member State shall without delay, by notifying
the Commission, draw a second share in the quota
equal to 15 % of its initial share, rounded up to the
next unit, where appropriate, to the extent that the
amount in the reserve allows .
2. If, after its initial share has been exhausted,
90 % or more of the second share drawn by a Mem­
ber State has been used, that Member State shall, in
accordance with the conditions laid down in para­
graph 1 , draw a third share, equal to 7-5 % of its
initial share.,
 ---pagebreak---                               • 5•
 3.      If after its second share has been exhausted,
 90 % or more of the third share drawn by a Member
 State has been used, that Member State shall, in ac­
 cordance with the same conditions, draw a fourth
 share equal to the third.
 This process shall be applied until -the reserve is ex­
 hausted .
 4.     Notwithstanding the provisions o'f paragraphs 1
 to 3, Member States may draw smaller shares than
 those fixed in those paragraphs if there is reason to
 belitve that these shares might not be used up. They
 shall inform the Commission of their reasons for ap­
 plying this paragraph.
    '                     Article 4
Additional shares drawn pursuant to Article 3 shall
be valid until 1$ April 1S79. ■
                                     - *
                          Article 5
The Member States shall not later than 1 March
1979, return to the reserve the unused portions of
their initial shares which, on 15 February 1979        is in
excess of 20 % of the initial amount. They may
 return a greater portion if there are grounds for
believing that .such portion may not be used in full .
 The Member States shall, not later than 1 March
   1S79 notify the Commission of the total imports of
the " products concerned effected under the Com­
 munity quota up to 15 February 1S79 inclusive, and
 where appropriate, the proportion of their initial
 shares that they arc returning to the reserve.             -_
                           Article 6
 The Commission shall keep account of the shares i
 opened by the Member States in accordance with
 Articles 2 and 3, and shall inform each of them of the
 extent to which the reserve has been used as soon as
  it receives the notifications^
  The Commisson shall, not later than 5 March- 1979, ^
  notify the Member States of the state of the reserve
   after the return of shares pursuant to Article 5. ,
  The Commission shall ensure that any drawing
   which uses up the reserve is limited to the balance
   available and, for this purpose, shall specify the
   amount thereof to the Member State which rryikes
   the final drawing.
 ---pagebreak---                                                 -6-
                                           Article 7
                 1.       The Member States shall take all measures nec-         '       .
                 essary to ensure that supplementary shares drawn
                 pursuant to Article 3 are opened in such a way that
                 changes may be made without interruption against
                 their accumulative shares of the Community quota .
                 2. Member States shall ensure that importers of
                 the said products established in their territory have
                  free access to the shares allocated to them.
                  3.      The Member States shall charge imports of the
                  said goods against their shares as and when the
                  goods are entered with customs authorities for home
                  use .
                  4.      The extent to which a Member State has used
                  up its shnre shall be determined on the basis of the
                  imports charged in accordance with paragraph 3."
                                            Article 8           .
                   On receipt of a request from the Commission, Mem­
                   ber States shall inform it of imports actually charged
                   against their shares.
                                            Article 9
                                                                                   4 '
                   The Member States and the Commission - shall
                   cooperate closely in order to ensure that this Regula- .
                   tion is observed.                                            «-
                                            Article 'Û
                                                                              i
                   The rules of origin applicable to the products
                   imported under this Regulation shall be, respectively, •
                    those of Protocol 1 annexed to the ACP-EEC Conven­
                    tion of Lome concerning the definition of the concept
                   of 'originating products' and the methods of adminis­
                    trative cooperation , and those of Annex II to Council
                    Decision 76/568/EEC of 29 June 1976 on the associa­
                    tion of the overseas countries and territories with the .
                    European Economic Community (*),
                                            Article 11 .
                        i
                      This Regulation shall enter into force on the third
                      day following its publication in the Official Journal
                      of the European Cowiunities.       '    .
This Regulation shall be binding in its entirety and directly applicable in all Beober
States.
Dor, e at Brussels,
                                                                              For the Council
                                                           •1
                                                                              The President