CELEX: 51979PC0411
Language: en
Date: 1979-07-19
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 (1980)#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 TUNISIA (1980) (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (79) 411
Vol. 1979/0147
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(79)411 final
                                        Brussels . 19th July 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
               TARIFF AND ORIGINATING IN MOROCCO        ( 1980)
                PROPOSAL FOR A COUNCIL REGULATION ( EEC )
      OPENING, ALLOCATING AND- PROVIDING FOR THE ADMINISTRATION OF
       A COMMUNITY TARIFF QUOTA FOR APRICOT PULP, FALLING WITHIN
                                      V <.y -,
        SUBHEADING EX 20.06. B II c ) \> aa ) OF THE COMMON CUSTOMS
               TARIFF AND 'ORIGINATING'        TUNISIA (1980)
                                     s
             (presented by the Commission to the Council )
 COM (79) 411 final
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
        1.   The cooperation 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 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-member countries .
            Accordingly the tariff quota in question has to be opened for 1980 .
         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
             culating 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 were 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 . '
ANNEX : 2 proposals for Regulations ( EEC ) of the Council *
 ---pagebreak---                                                                                         ANNEX A
                                            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 ( 1980)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        imports into the Community from Morocco of the
                                                                products concerned:
                                                                                                                        <%)
                                                                          Member States                   197 X     197g
                                                                Bénélux                      11.6        13.9
Economic Community, and in particular Article 113               Denmark
thereof,
                                                                Germany                       0.9 I      30.3      17.9
                                                                France                       87.5        54.3      66.4
                                                                Ireland
Having regard to the proposal from the Commission,              Italy                                      0.9
                                                                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 fairly among all the Member States;
Common Customs Tariff and originating in Morocco;               whereas the approximate percentages of the 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
quota in question should therefore be opened for 1980 ;                Bénélux                                 8%
                                                                       Denmark                                  2%
                                                                       Germany                                34%
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
                                                                       Italy                                    1%
application of the rate laid down for that quota to all
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            Whereas, in order to take into account import trends
of the quotas can be respected by allocating the                for the products concerned in the various Member
Community tariff quota among the Member 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 Morocco            order to give importers in each Member State a certain
over 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 70% of the quota volume;
Whereas, during the last three years for which statistics       Whereas the Member States' initial shares may be used
arc 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
 ---pagebreak---                                                                                                     ANNEX A
Member State which has almost used up its initial share
should draw an additional share from the reserve;                    Bénélux                                470     t
whereas this must be done by each Member State as and                Denmark                                 110    t
when each of its additional shares is almost used up,                Germany                              2 000     t
and repeated as many times as the reserve allows;                    France                               2 220
whereas the initial and additional shares must be valid                                                             t
until the end of the quota period; whereas this method               Ireland                                  60    t
of administration requires close cooperation between                 Italy                                    60    t
the Member States and the Commission, and the latter                 United Kingdom                         880     t
must be in a position to monitor the extent to which the
quota volume has been used up and to inform the
Member States thereof;
                                                           2. The second instalment amounting to 2 450 tonnes
                                                           shall 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 return
a significant proportion to the corresponding reserve to
prevent a part of any tariff quota from remaining                                    Article 3
unused in one Member State when it could be used in
others;                                                    1 . If 90% or more of a Member State's initial share as
                                                           specified in Article 2 ( 1 ), or 90% of that share minus
                                                           the portion returned to the reserve where Article 5 has
Whereas, since the Kingdom of Belgium, the Kingdom         been applied, has been used up, then, to the extent
of the Netherlands and the Grand Duchy of                  permitted by the amount of the reserve, that Member
Luxembourg are united in and represented by the            State shall forthwith, by notifying the Commission,
Benelux Economic Union, any operation relating to the      draw a second share equal to 15% of its initial share,
administration of the quota shares allocated to that       rounded up where necessary to the next unit.
economic union may be carried out by any of its
members,
                                                           2; If, after its initial share has been used up, 90% or
                                                           more of the second share drawn by a Member State has
                                                           been used up, then that Member State shall, in
                                                           accordance with the conditions laid down in paragraph
HAS ADOPTED THIS REGULATION:
                                                            1 , draw a third share equal to 7-5% of its initial share.
                           Article 1                       3 . If, after its second share has been used up,' 90% or
                                                           more of the third share drawn by a Member State has
1 . From 1 January until 31 December 1980 a                been used up, that Member State shall, in accordance
Community tariff quota of 8 250 tonnes shall be            with the conditions laid down in paragraph 1 , draw a
opened in the Community for apricot pulp, falling          fourth share equal to the third.
within subheading ex 20.06 B II c) 1 aa) of the
Common Customs Tariff and originating in Morocco.
                                                           This process shall continue until the reserve is used up.
2. Within the limits of this tariff quota, the Common      4. By way of derogation from paragraphs 1 , 2 and 3 , a
Customs Tariff duty applicable to these products shall     Member State may draw shares smaller than those fixed
be suspended at a rate of 11*9%.                           in those paragraphs if there is reason to believe that
                                                           they might not be used up. It shall inform the
                                                           Commission of its reasons for applying this paragraph.
                           Article 2
 1 . A first instalment amounting to 5 800 tonnes of the
 Community tariff quota referred to in Article 1 shall be                            Article 4
 allocated among the Member States; the shares, which
 subject to Article 5 shall be valid until 31 December     Each of the additional shares drawn pursuant to Article
 1980 shall be as follows:                                 3 shall be valid until 31 December 1980 *
 ---pagebreak---                                                       - 3 -
                                                                                              ANNEX A
                         Article S                                                        Article 7
The Member States shall return to the reserve, not later          1 . The Member States shall take all measures necessary
 than 1 October 1980 such unused portion of their                 to ensure that additional shares drawn pursuant to
 initial shares as, on 15 September 1930 is in excess of          Article 3 are opened in such a way that imports may be
20% of the initial volume. They may return a larger               charged without interruption against their accumulated
quantity if there a grounds for believing that this               shares of the tariff quota.
quantity, may not be used.
                                                                  2. The Member States shall ensure that importers of
                                                                  the products in question established in their territory
                                                                  have free access to the shares allocated to them .
The Member States shall notify the Commission, not
 later than 1 October 19 80 of the total quantities of the
products in question imported up to 15 September 1980             3 . The Member States shall charge the imports of the
and charged against the tariff quota and of any quantity          products concerned against their shares as and when the
of the initial shares returned to the reserve.                    products are entered with customs authorities for home
                                                                  use.
                                                                 4. The extent to which a Member State has used up its
                                                                 share shall be determined on the basis of the imports
                         Article 6                               charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares                                         Article 8
opened by the Member States pursuant to Articles 2 and
3 and , as soon as it is notified , shall inform each State       At the Commission's request, the Member States shall
of the extent to which the reserve has been used up.              inform it of imports actually charged against their
                                                                  shares.
It shall inform the Member States , not later than 5                                       Article 9
October 19g0of the amount in the reserve after
quantities have been returned thereto pursuant to                 Trie Member States and the Commission shall cooperate
Article 5 .
                                                                  closeiy to ensure that this Regulation is complied with.
It shall ensure that the drawing which exhausts the                        ,           ■  Article 10
reserve does not exceed the balance available and, to
this end, shall notify the amount of that balance to the          This Regulation shall enter into force on 1 January
Member State making the last drawing.                              1980 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels ,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                                                Procesal ror a
                                      COUNCIL REGULATION ,"EEQ
               opening, allocating and provxlirtg for the administration of a CoTntrtHiiry tariff quota for
               apricot pulp, failing vnim subheading ex 20.0£ B!Ic - 1 aa > of the Common Customs
                                          Tariff and oneinatms in Tunisia ( 1933 )
THE COCNQL OF THE EUROPEAN COMMUNITIES,                         if ports into the Community trom Tunisia of the
                                                                products concerned:
                                                                   – – – ... –     ■  ■ -   - –■ - - \
                                                                             Mcjjfau fcwi i          !    «rG       "•7-
Having regard to the Treaty establishing the European                                                  i                   i
                                                                Bcnrun                                    ->  1
Economic Community, and in particular Article 113                                                      i   • •• i 22.8     ;   ■ 9.Ï
thereof,                                                         Dcnmark                                            -      !
                                                                 Gennarrr                                           2.6    ' 14,4
                                                                 France
                                                                                                       j 92.9      74.0        62.6
                                                                 Irrianri                             !
Havine retard to the proposal rrom me Commission,
                                                                 kalr                                     -
                                                                                                                    C,6          3.9
                                                                 United Kingdom
                                                                                                                 i          L
^Thereas the Cooperation Agreement between tr>e
Eurorean Economic Community and the Republic of
Tunisia, signed on 25 Apni 19"6 . provides for the              Tr.ereas both trese percentages and the estimats from
opening br the Community of an annual Community                 censin Member States should be taken into acccun.t a =
tariff quota of 4- 300 tonnes of apricot puip, failing          well as the need to ensure that, in the drcurnstances. the
within subheading ex 20 . Ih? B II c) 1 aa ! of the             obligations contracted under the Agreement corrcemed
Ccmm-rn Castorj Tariff anc ongraatins tc Tunisia:               are allocated fairly anotie ail the Mjrr.-e? Stares;
w'nereas the customs duces applicable to the quota are          whereas the approximate percentages or trs initial
                                                                eraota shares naT therefore be fixed as folic-'- 5 :
equal to "0% ci the castMas dues acraaiiy applied to
non-roember countries; whereas the Community tariff
quota in quesooo should therefore be opened for 19 SO }                   Benehix                                    2*
                                                                          Deomark                                      λ
                                                                                                                       Λ
                                                                                                                         '  --
                                                                          Germany                                     4 ; -o
                                                                          France                                     54?%
Thereas it is in particular necessary to ensure for all                   Ireland                                      1-S%
 Community importers equal and uninterrupted access                       Italy                                        1-8%
 to the abovementicwred quota and uninterrupted                           United Kingdom                              AS %
 application of the rare laid down for that quota to all
 reports of the products concerned into all Member
 Stares 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 treno?
 of the quota can be respected by allocating the                for the products concerned in the various Member
 Community tanff quota among the Member 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
 rrue trend of the market in the products in question,          States and the second constituting a reserve to cover at a
 sucn 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 tc cive importers in each Member State a crrtain
 a representative reference penod and also to the               degree xr security, the first installment of the
 economic outlook for the quota period in question;             Community quota should under the circumstances be
                                                                fixed ?-t 73% of the quota volume;
 ^ nereas. during the last three years tcr which statistics     Whereas the Member States* initial shares may be usee,
 are avaua-j.e, the corresponding imports of each               up at different times; whereas, in order to take this tact
 Member State represent the following percentages r :           into account and avoid anv break in conturuitv, anv
 ---pagebreak---                                                        - 2 -
                                                                                    • ANNEX B
   Member State which has almost used up its initial quota             Bénélux                                  900 t
   share should draw an additional share from the reserve;
                                                                       Denmark                                  110 t
   whereas this must be done by each Member State as and
   when each of its additional shares is almost used up,               Germany                                  150 t
   and repeated as many times as the reserve allows;                   France                                 1 725 t
   whereas the initial and additional shares must be valid             Ireland                                      t
                                                                                                                 55
   until the end of the quota period; whereas this method
   of administration requires close cooperation between                Italy                                .    55 t
   the Member States and the Commission, and the latter                United Kingdom                           140 t
   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 1 165 tonnes
   Member States thereof;                                      shall constitute the reserve.
   Whereas if, at a given date in the quota period, a
                                                                                         Article 3
   substantial quantity remains unused in any Member
  State; it is essential that that Member State should
                                                               1 . If 90% or more of a Member State's initial share as
   return a significant proportion to the reserve to prevent
  a part of any tariff quota from remaining unused in one     specified in Article 2 ( 1 ), or 90% of that share minus
  Member State when it could be used in others;               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
                                                              State shall forthwith, by notifying the Commission,
  Whereas, since the Kingdom of Belgium, the Kingdom          draw a second share equal to 15% of its initial share,
  of the Netherlands and the Grand Duchy of                   rounded up where necessary to the next unit.
  Luxembourg are united in and represented by the
  Benelux Economic Union, any operation relating to the       2. If,' after its initial share has been used up, 90% or
  administration of the quota shares allocated to that        more of the second share drawn by a Member State has
  economic union may be carried out by any of its             been used up, then that Member State shall, in
  members,                                                    accordance with the conditions laid down in paragraph
                                                              1 , draw a third share equal to 7-5% of its initial shar^.
                                                              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
  HAS ADOPTED THIS REGULATION :                               with the conditions laid down in paragraph 1 , draw a
                                                              fourth share equal to the third.
                                                             This process shall continue until the reserve is used up.
                            Article 1
                                                             4. By way of derogation from paragraphs 1 , 2 and 3 a
• 1 . From 1 January until 31 December 1980 a                Member State may draw shares smaller than those fixed
 Community tariff quota of 4 300 tonnes shall be             in those paragraphs if there is reason to believe that
  opened in the Community for apricot pulp, falling          they might not be used up. It shall inform the
  within subheading ex 20.06 B II c) 1 aa) of the            Commission of its reasons for applying this paragraph.
 Common Customs Tariff and originating in Tunisia.        1
  2. Within the limits of this tariff quota, the Common
  Customs Tariff duty applicable to these products shall                                 Article 4
  be suspended at a rate of 11-9% .
                                                             The additional shares drawn pursuant to Article 3 shall
                                                              be valid until 31 December 1980 .
                           Article 2
  1 . A first instalment amounting to 3 135 tonnes of the
 Community tariff quota referred to in Article 1 shall be                                Article S
 allocated among the Member States; the shares, which
 subject to Article 5 shall be valid until 31 December       The Member States shall return to the reserve, not later
  1980 shall be as follows:                                  than 1 October 1980 such unused portion of their
 ---pagebreak---                                                                    3
                                                                                                   ANVEX 9
initial <Jtare as. oo 15 Stpteii.ber IS-8G is in excess of    Arode 3 are opened in su«A a » that imports may be
20% of the initial rohime. Tbey mar reetra a larger           charged without irrtermptroo against their accumulated
quantity it there ire croantk foe briicnng dm this            shares of the tariff quota.
quantity mj» Dot be ased.
                                                              2. The Member States shall ensure that importers of
Tbe Member Ststs sfciQ ootrfT tbe Gcumsion, not               the ptodcccs in qoesdoo established in their ten itmy
hater dun I October 19 60 of die total quantities of the      hare tree access to the shares allocated to them.
products m question uupmtcd op to 15 September 19S9
and charged           the czntf quota and ot any quantity     3. The Member States shall charge the imports of die
of the tauuk shares irmrwed oo the mtnu.                      products concerned agarsst their shares as and when the
                                                              products are entered with customs authorities for home
                                                              use.
                         Article (
                                                              4. The extent to which a Member State has used up its
The Comrrussjott shall keep an acoooat of the snares
                                                              share shall be determined cn the basis of tbe imports
                                                              charged in accordance with paragraph 3.
opened by the Member States pursuant to Articles 2 and
3 and. as soon as it is nootied. shall inform each State
of the extent n> which: the ttstnt has bees nsed op.                                   Artide 8
It shall inform the Member State, not later than 5
                                                              At tbe Commission's request, the Member States shall
October tq 8Q of Ac amount m tke teserre after                inform it of imports actually charged apiwt their
quantities have been icimutd ihutBt ^ iisitanl fc>            shares.
ArDvJe X.
it shall ensure- (hat tbe drawing wfctch echaoss die                                   Artide 9
eeserwe does not exceed the balance available and. to
this end. notify the amrwinf of that balance to (he
                                                             Tk Member Scales aod the Coawasswo shaft cooperate
Member Scate making. the East drawing.
                                                              dosehr to easarc that dus RegoUtioa is comptied with.
                         Artidt 7                                                      Artide 10
t* The Member States sfcJI take afliueasuies aecessKT        This Regulation shaH eater into farce 'on 1 January
b (Bsnie ibt addftrosa! Ju«s duwa wmmi* »                     « 80 .
               TW tU'^ikooa shalt be bta£ae is fits cauittf aorf Jkeuh applicable in afi Member States.
               DbQeatBMk                                - ?
                                                                                      For tbe Comtdi
                                                                                    -  The Président