CELEX: 51980PC0605
Language: en
Date: 1980-10-24
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 TARIFF AND ORIGINATING IN MOROCCO (1981)#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) aa) OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN TUNISIA (1981) (presented by the Commission to the Council)

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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(80)605 final
                                                        Brussels - 24th October 1980
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                  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 MOROCCO ( 1981 >
                  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 ) aa ) OF THE COMMON
             CUSTOMS TARIFF AND ORIGINATING IN TUNISIA ( 1981 )
                (presented by the Commission to the Council )
C0M(80 ) 605 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 1.    The .ooperation Agreements concluded between the European Economic
       Community on the one hand and the Kingdom of Morocco . and the Republic
       of Tunisia on the other hand provide for the opening of annual Community
       tariff quotas for the importation Into the Community of 8.250 or 4.300
       metric tons of apricot pulp, originating in these countries, falling
       within subheading ex 20.06 B lie ) 1 aa ) of the Common Customs Tariff .
       The customs duties applicable within the limits of this quota are
       equal to 70 X of the duties actually applied to non-member countries .
       Accordingly the tariff quota in question has to be opervd for 1981 .    *•"/'
  2.   The proposals for regulations opening these tariff quotas provide -
       as is customary - for the division of each of the quota volumes into
       two instalments , the first being allocated among the Member    States
       as quota shares, the second being held as a reserve.
       The allocation of the volume of the first instalment of the quota
       should be based on the rules    generally applied . These involve cal-.
       cul-ating each Member State 's total imports over the last three years
       as a proportion of total Community imports during the same period
       and applying , for each Member State, the percentages thus obtained
.    . to the volume of the first instalment .                 .        -
       However , in this process account was taken on the fact that certain
       Member States effected no or only occasional imports during these        .
       years . In view of the necessity of allocating the quota volume in
  -    an equitable manner these Member States toere granted small percen­
       tages representing commercially exploitable shares . .
  3.    It is proposed that the proposals for Council Regulations opening
        the Community tariff quotas described above be . approved. \
2 proposals for Regulations ( EEC ) of the Council .      ;
 ---pagebreak--- The tariff quotas concerned might be modified in the context of the
present negotiations with the contracting country in view of the
conclusion of an Adaptation Protocol to the abovementioned Agreement .
Awaiting ttre results , the proposed Regulations permit the respect of
the engagements contracted by the Community .
Th« Commission reserves the possibility of modifying the proposal
during the procedure, if necessary, to adapt it to the Adaptation
Protocol .
 ---pagebreak---                                                                                                            ANNEX A
                                                     Proposal fop a
                                      COUNCIL REGULATION (EEC) .
               opening, allocating and providing for the administration of a Community tariff quota for
               apiicot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs
                                        Tariff and originating in Morocco ( 1981 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                            Member States                   1977       1978     1979
                                                                                                                              I
                                                                                            '! i 4'
                                                                  Bénélux              -                    13-9-                0,7
                                                               ■ Denmark
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113:                Germany                   ■) W–? I      ' 30-3
                                                                                                                  '
                                                                                                                    ■ 17-9
                                                                                                                       _
                                                                                                                                19,8
                                                                                                                                 ■ "
thereof,
                                                                   Greece
                                                                  France                                I . 54-3' I         .   79,5 I
                                                     \
                                                             i
                                                                  Ireland
Having regard to the proposal from the Commission,           f    Italy                                      0?               !      I
                                                                  United Kingdom '                           0-6       15-7
Whereas the Cooperation Agreement between • the
European Economic Community and the Kingdom of                    Whereas, both these percentages and the estimates from
 Morocco, signed on 27 April 1976, provides for the               certain Member States should be taken into account as.
opening by the Community of an annual Community                   well as the need to ensure that, in the circumstances, the
 tariff quota of 8 250 tonnes of apricot pulp falling-            obligations contracted, under the Agreement concerned
within subheading ex 20.06 B II c) 1 aa) of the                   are allocated fairiy among all the. Member States;
 Common Customs Tariff originating in Morocco;                    whereas the approximate percentages of thev initial
whereas the customs duties applicable to the quota are            quota shares may therefore be fixed as follows:
equal to 70 % of the customs duties actually applied to
 non-member countries; whereas the Community tariff                     Benelux                                         8
 quota in question should therefore be opened for 1981 ;
                                                                         Denmark                                        2
                                                                         Germany                                      33
                                                                         Greece                                         1
 Whereas it is in particular necessary to ensure for all                France                                        39
 Community importers equal and uninterrupted access
                                                                        Ireland                                         1
 to the abovementioned quota and uninterrupted
 application of the rate laid down for that quota to all                Italy                                           1
 imports of the products concerned into all Member                      United Kingdom                                15
 States until 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                 Whereas, in order to take into account import trends
 Community tariff quota among the Member States;                  for the products concerned in the various Member
 whereas, in order to reflect as accurately as possible the       States, the quota amount should be divided into two
 true trend of the market in the products in question,            instalments, the first being shared among the Member
 such allocation should be in • proportion to the               ' States and the second constituting a reserve to cover at a
 requirements of the Member States, calculated by                 later date the requirements of the Member States which
 reference to the statistics for imports from Morocco             have used up their initial quota shares; whereas, in
 over a representative reference period and also to the           order to give importers in each Member State a certain
 economic outlook for the quota period in question;               degree of security, the first instalment of the
                                                                  Community quota should under the circumstances be .
                                                                  fixed at 70 % of the quota volume;
Whereas, during the last three years for which statistics
 are available, the corresponding imports of each                 Whereas the Member States' initial shares may be used
 Member State represent the following percentages of              up' at different times; whereas, in order to take this fact
 imports into the Community from Morocco of the                   into account and avoid any break in continuity, any
products concerned:                                               Member State which has almost used up 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 used up,
 ---pagebreak---                                                           - 2 -                                             ANNEX A
  and repeafe4 as many time* a« the reeepve allewsi              2. The leeend instalment amounting to 2 410 tonnes
. whereas the initial and additional shares must be valid        shall constitute the reserve.
  until the end of the quota period ; whereas this method
  of administration requires close cooperation between
  the Member States and the Commission , and the latter
  muit be in a position to monitor the excent to which the                                  Article 3
  quota volume has "been used up and to inform the
  Member States thereof;                                         1.    If 90 % or more of a Member State's initial share •
                                                                 as specified in Article 2 ( 1 ), or 90 % of that share minus
 Whereas if, at a given date in the quota period, a              the portion returned to the reserve where Article 5 has
  substantial quantity remains unused in any Member              been applied, has been used up, then, to the extent
  State it is essential that that Member State should return     permitted by the amount of the reserve, that Member
  a significant proportion to the corresponding reserve to       State shall forthwith, by notifying the Commission,
  prevent a part of the Community quota from remaining           draw a second share equal to 15 % of its initial share,
  unused in one Member State when it could be used in            rounded up where necessary to the next unit.
  others;
  Whereas,'1 since the Kingdom of Belgium, the Kingdom            2. If, after its initial share has been used up, 90 % or
  of the Netherlands and the Grand Duchy of                       more of the second share drawn by a Member State has
  Luxembourg are united in and represented by the                 been used up, then that Member State shall, in
  Benelux Economic Union, any operation relating to the           accordance with the conditions laid down in paragraph
  administration of the quota shares allocated to that            1 , draw a third share equal to 7-5 % of its initial share.
  economic union may be carried out by any of its
  members,                                                       3 . If, after its second share 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 1 , draw a
                                                                 fourth share equal to the third.
  HAS ADOPTED THIS REGULATION :
                                                                  This process shall continue until the reserve is used up.
                              Article 1
                                                                 4. By way of derogation from paragraphs 1 , 2 and 3, a
               From       i January to 31 December 1981 a         Member State may draw shares smaller than those fixed
  Community tariff quota of 8 250 tonnes shall be opened ,        in those paragraphs if there is reason to believe that
  in the Community for apricot pulp, falling within               they might not be used up. It shall inform the
  subheading ex 20.06 B II c) 1 aa) of the Common                 Commission of its reasons for applying this paragraph.
  Customs Tariff, originating in Morocco.
  2. Within the limits of this tariff quota the Common
                                                                                            Article 4
  Customs Tariff duty applicable to these products shall
  be suspended at a rate of 11-9 % .
                                                                  Each of the additional shares drawn pursuant to Article
  Within the Limits of this tariff quo­                           3 shall be valid until 31 December 1981 .
  ta , Greece shall apply duties calcul£
  ted in accordance with the relevant
  provisions in the Act of Accession
and Protocal of Adaptation .                                                                Article S
                                                                  The Member States shall return to die reserve, not later
                                                                  than 1 October 1981 , such unused portion of their
                            . Article 2                           initial shares as, on 15 September 1981 , is in excess of
                                                                  20 % of the initial volume. They may return a larger
  1. A first instalment amounting to 5 800 tonnes of the          quantity if there are grounds for believing that this
  Community tariff quotajreferred to in Article 1 shall be        quantity may not be used.
  allocated among the Member States; the shares, which
 subject to Article 5 shall be valid until 31 December
  1981 shall be as' follows:                                      The Member States shall notify the Commission, not
                                                                  later than 1 October 198^ rof the total quantities of the
                                                 . tonnes         products in question imported up to 15 September 198 1
                                                                ' and charged against the tariff quota and of any quantity
       Bénélux                                       470          of die initial shares returned to the reserve.
       Denmark                                       110
       Germany                                    1 940
        Greece         .                              60
       France                                     2 220
       Ireland                                        60
       Italy                                          60
       United Kingdom                                880
 ---pagebreak---                                                                                                                   ANNEX A
                                                   - 3 -
                         Article 6                                3 . The Member States shall charge the imports of the
                                                               . products- concerned against their shares as and when the
The Commission shall keep an account of the shares                products are entered with customs authorities for free
opened by the Member States pursuant to Articles 2 and            circulation.
3 and, as soon as it is notified, shall inform each State
of the extent to which the reserve has been used up.              4. The extent to which a Member State has used up its
                                                                  share shall be determined on the basis of the imports
It shall inform the Member States , not later than 5            . charged in accordance with paragraph 3.       ,•• ■ .
October 198 1 r of the amount in the reserve after
quantities have been returned • thereto pursuant to
Article 5 .
                                                                                          Article 8
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and, to             At the Commission's request, the Member States shall *
this end, shall notify the amount of that balance to the          inform it of imports actually charged against their
                                                                  shares.
Member State making the last drawing.
    > .                  Article 7                                                        Article 9
                                                                            \
1 . The Member States shall take all measures necessary .         The Member States and the Commission shall cooperate
to ensure .that additional shares drawn pursuant to               closely to ensure that this Regulation is complied with.
Article 3 are opened in such a way that imports may be
charged without interruption against their accumulated
shares of the tariff quota.
                                                                                  s '•    Article 10                    •
2. The Member States shall ensure that impprters of
the products in question established in their territory           This Regulation shall enter into force on 1 January
have free access to the shares allocated to them.                 198 1 '
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels,              1980       ^                      *
                                                                                      For the Council
                                                                                       The President
 ---pagebreak---                                                                                                                   ANNEX B
                                                       Proposa L for a
                                     COUNCIL REGULATION (EEC) "
              opeiv'ng, 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 Tunisia ( 198 -| )
THE COUNCIL Of THE EUROPEAN COMMUNITIES,
                                                                          Member States           1977       1978       1979
                                                                Bénélux                           22-8       19-1 1     28,3
Having regard to the Treaty establishing the European           Denmark                     ;j                -
                                                                                                                           "
Economic Community, and in particular Article 113               Germany                 . . | - 2-6 | 14-4               15,5
thereof,
                                                                Greece                                                     -
                                                                France                        !I -74'° ' I   62-6        54,1
                                                                Ireland                            -
                                                                                                                     j
Having regard to the proposal from the Commission,                                                 0-6     '  3-9
                                                                Italy
                                                                United Kingdom 1
                                                                                                                      I ** J
Whereas the Cooperation Agreement between the
European Economic Community and the Republic of
Tunisia, signed on 25 April 1976, provides for the              Whereas both these percentages and the estimates from
                                                                certain Member States should be taken into account as
opening by the Community of an annual Community
tariff quota of 4 300 tonnes of apricot pulp falling            well as the need to ensure that, in the circumstances, the
within subheading ex 20.06 B II c) 1 aa) of the                 obligations contracted under the Agreement concerned
Common Customs v Tariff originating in Tunisia;                 are allocated fairly among all the Member States;
whereas the customs duties applicable to the quota are          whereas the approximate percentages of the initial
equal to 70 % of the customs duties actually applied to         quota shares may therefore be fixed as follows:
non-member countries; whereas the Community tariff
quota in question should therefore be opened for 198 1 ;              Bénélux                                        26,9
                                                                      Denmark                                          3-5
                                                                      Germany - Greecé
                                                                      France
                                                                                                           1,8-     iK '
Whereas it is in particular necessary to ensure for all               Ireland                                          1-8
Community importers equal and uninterrupted access                                                                     1-8
to the abovementioned quota and uninterrupted                         Italy
application of the rate laid down for that quota to all               United Kingdom                                   4-5
imports of the products concerned into all Member
States until the quota has been used up ; whereas, having
regard to the above principles, the Community nature            Whereas, in order to take into account import trends
of the quota can be respected by allocating the                 for the products concerned in the various Member
Community tariff quota - among the Merrber States;              States, the quota amount should be divided into two
whereas, in order to reflect as accurately as possible the      instalments, the first being shared among the Member
true trend of the market in the products in question,           States and the second constituting a reserve to cover at a
such allocation should be in . proportion to the                later date the requirements of the Member States which
requirements of the Member States, calculated by                have used up their initial quota shares; whereas, in
reference to the statistics for imports from Tunisia over,       order to give importers in each Member State a certain
 a representative reference period and also to the               degree of security, the first instalment of the
economic outlook for the quota period in question;               Community quota should under the circumstances be
                                                                 fixed at 73 % of the quota volume;
Whereas, during the last three years for which statistics       Whereas the Member States' initial shares may be used
are available, the corresponding imports of each                 up at different times; whereas, in order to take this fact
 Member State represent the following percentages of             into account and avoid any break in continuity, any
imports into the Community from Tunisia of the                   Member State which has almost used up its initial quota
products concerned;                                              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 used up,
 ---pagebreak---                                                            <• 2 **                                        ANNEX B
and repeated as many rimes as the reserve allows;                                            Article 3
whereas the initial and additional shares must be valid
 until the end of the quota period ; whereas this method           1.   If 90 % or more of a Member State's initial share as
of administration requires close cooperation between               specified in Article 2 ( 1 ), or 90 % of that share minus
the Member States and the Commission, and the latter               the portion returned to the reserve where Article 5 has
must be in a position to monitor the extent to which the           been applied, has. been used up, then, to the extent
quota volume has -been used up and to inform the                   permitted by the amount of the reserve, that Member
 Member States thereof;                                            State shall forthwith, by notifying the Commission,
                                                                   draw a second share equal to J.5 %. of its initial share,
Whereas if, at a given date in the quota period, a                 rounded up where necessary to the next unit.
substantial quantity remains unused in any Member
State, it is essential that that Member State should               2. If, after its initial share has been used up, 90 % or
 return a significant proportion to the reserve to prevent         more of the second share drawn by a Member State has
 a part of any tariff quota from remaining unused in one           been used up, then that Member State shall, in
 Member State when it could be used in others; .                   accordance with the conditions laid down in paragraph
                                                                   1 , draw'a third share equal to 7-5 % of its initial share.
Whereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of                       ' 3 . If, after its second share has been used up, 90 % or
Luxembourg are united in and represented by the                    more of the third share drawn by a Member State has
Benelux Economic Union, any operation relating to the              been used up, that Member State shall, in accordance
administration of the quota shares allocated to that               with the conditions laid down in paragraph 1, draw a
economic union may be carried out by any of its                    fourth share equal to the third.
members,
                                                                   This process shall continue until the reserve is used up.
                                                                   4. By way of derogation from paragraphs 1 , 2 and 3 , a
HAS ADOPTED THIS REGULATION :                                       Member State may draw shares smaller than those fixed
                                                                   in those paragraphs if there is reason to believe that
                                                                   they might not be used up. It shall inform the
                          Article 1
                                                                   Commission of its reasons for applying this paragraph.
 1.           From     1 January to 31 December 1981 a
Community tariff quota of 4 300 tonnes shall be
opened in the Community for apricot pulp, falling
within subheading ex 20.06 B II c) 1 aa) of the                                              Article 4                  * '
 Common Customs Tariff, originating in Tunisia.'.
                                                                   The additional shares drawn pursuant to Article 3 shall
 2. Within the limits of this tariff quota the Common              be valid until 31 December 198 -J
 Customs Tariff duty applicable to these products shall
 be suspended at a rate of 11-9 % .
 Within the limits of this tariff
                                                                                             Article S
quota , Greece shall apply duties caj^
 culated in accordance with the rele­                              The Member States shall return to the reserve, not later
vant provisions in the Act of Acces­                               than 1 October 198 1 such unused portion of their
sion
                                                                   initial share as, on 15 September 198 *] is in excess of
                                                                   20 % of the initial volume. They may return a larger
                                                                 . quantity if there are grounds for believing that this
                           Article 2
                                                                   quantity may not be used.
  1 . A first instalment amounting to 3 135 tonnes of the          The Member States shall notify the Commission, not
  Community tariff quota referred to in Article 1 , shall be       later than 1 October 198 1 />f the total quantities of the
. allocated among the Member States; the shares, which             products in question imported up to 15 September
  subject to Article 5 shall be valid until 31 December             198 l^and charged against the tariff quota and of any
  198 1 shall be as follows:                                       quantity of the initial shares returned to the reserves.
                                                 tonnes
        Bénélux                                   845
        Denmark                                    110                                       Article 6
        Germany                                     150
        Greece                                      55             The Commission shall keep an account of the shares
                                                 1 725
                                                                   opened by the Member States pursuant to Articles 2 and
       France
        Ireland                                      55
        Italy                                        55
        United Kingdom                              140
   2. Th.e second instalment amounting to 1 165 tonnes
   shall constitute the reserve.                         ;
 ---pagebreak---                                                            m 3    **                                          ANNI * I
   3 and, as soon as it is notified, shall inform each State         3 . The Member States shall charge the imports of the
   of the extent to which the reserve has been used up.              products concerned against their shares as and when the
                                                                     products are entered with customs authorities for free
                                                                     circulation.
   It shall inform the Member States, not later than
   5 October 198 1 ,of the amount in the reserve after
   quantities have been returned thereto pursuant to                 4. The extent to which a Member State has used up its
  Article 5 .                                                        share shall be determined on the basis of the imports
                                                                     charged in accordance with paragraph 3 .
   It shall ensure that the drawing which exhausts the
   reserve does not exceed the balance available and, to                                     Article 8
  this end, notify the amount of that balance to the
   Member State making the last drawing.                             At the Commission's request, the Member States shall
                                                                     inform it of imports actually charged against their
                                                                     shares.
                           Article 7
                                                                                             Article 9
   1. The Member States shall take all measures necessary
   to ensure that additional shares drawn pursuant to                The Member States and the Commission shall cooperate
   Article 3 are opened in such a way that imports may be            closely to ensure that this Regulation is complied with.
   charged without interruption against their accumulated
' shares of the tariff quota.
                                                                                             Article 10
   2. The Member States shall ensure that importers -of
   the products in question established in their territory           This Regulation shall enter into force on 1 January
 i have free access to the shares allocated to them.                  198 1 .    -
                 This Regulation shall be binding in its entirety and directly applicable in all Member States.
                 Done at Brussels.    .....••... 1980 .
                                                                                        For the Council
                                                                                         The President