CELEX: 51982PC0683
Language: en
Date: 1982-10-26
Title: Draft of a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet cherries, marinated in alcohol and intended for the manufacture of chocolate products, falling within subheading ex 20.06 B I e) 2 bb) of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 683
Vol. 1982/0213
 ---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
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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(82)683 final
                                                     Brussels - 26 October 1982
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                                      Draft of a
                                 COUNCIL REGULATION ( EEC )
              opening , allocating and providing for the administration of a
              Community tariff quota for sweet cherries , marinated in alcohol
              and intended for the manufacture of chocolate products , falling
              within subheading ex 20.06 B I e ) 2 bb ) of the Common Customs
                                        Tariff
                           ( submitted to the Council by the Commission )
  COM ( 82 ) 683 final
)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1 . Following a request by the German Federal Republic , the Commission has
    examined the question of opening , on an autonomous basis and for the
    period 1 July 1982 to 30 June 1983 , a Community tariff quota for cher­
    ries of small diameter marinated in alcohol , intended for the manufacture
    of chocolates . This question has been raised in the Economic Questions
    Group , on several occasions .
    During these discussions , it became apparent that :
    a ) there exists a certain level of production of such cherries in the
        Community , the volume of which cannot currently be ascertained ,
        however , on account of the seasonal nature of the harvest , the un­
        certainty of climatic conditions at the time the fruit is forming ,
        and the special characteristics relating to cherries within the
        requirements laid down ( small diameter , small stone , clear flesh ,
        sweet , hard and not completely ripe ) ;
    b ) the contacts made between producers and consumers during the first
        months have covered only part of the user industries whose regular
        supplies still depend , to a significant degree , on importations from
        third countries , and in particular from Yugoslavia ;
    e ) even though the cherries are intended for use in what are called
        " luxury " products the firm for whom the suspension of duties is
        requested , is established in a poor economy area , where there are
        major problems on the maintenance and creation of employment ;
    d ) Community import requirements from third countries could reach
        3,700 tonnes for the period covering 1 July 1982 to 30 June 1983 ,
        according to the estimates given by the Member States ;
    e ) uncertainty concerning the possibility of supplies by Community
        producers and concerning the actual requirements of the user
        industries , together with the economic justifications put forward ,
         led the Council in its regulation ( EEC ) n° 1644 / 82 of 21 June 1982 ( 1 ),
        to open a tariff quota limited to the period 1 July to 31 December 1982 ,
        with a reduced rate of duty ( 10 % ) and for a modest quantity
 ---pagebreak---    ( 1500 tonnes ), capable of ensuring the parallel development of
   Community output and the supplying of user industries under
   favourable conditions .
The problem of opening such a quota for the first half of 1983 was
examined during a meeting of the Economic Tariff Questions Group
on 10 September 1982 . The conclusion reached was that , taking into
account the small amount of experience acquired since the opening
of this quota on 1 July 1982 , it was impossible to decipher the trend
of developments or to provide more precise economic data . It was
therefore agreed to renew the tariff measure for the first half of
1983 under the same conditions , and to re-examine the question in the
spring with a view to a new tariff measure which would enter into
force on 1 July 1983 .
 ---pagebreak---                                                   Draft of a
                                 COUNCIL REGULATION (EEC)
              opening, allocating and providing for the administration of a Community tariff
              quota for sweet cherries, marinated in alcohol and intended for the manufacture
              of chocolate products, falling within subheading ex 20.06 B I e) 2 bb) of the
                                              Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                               the quota ; whereas, to correspond as closely as
COMMUNITIES,                                              possible to the actual trend in the market in the
                                                          product in question, allocation of the quota should be
                                                          in proportion to the requirements of the Member
                                                          States as calculated by reference to statistics of imports
Having regard to the Treaty establishing the European     from third countries during a representative reference
Economic Community, and in particular Article 28          period and to the economic outlook for the quota
thereof,                                                  period in question ;
Whereas the production of sweet cherries, marinated       Whereas, however, since the quota is an autonomous
in alcohol and intended for the manufacture of choco­     Community tariff quota intended to cover import
late products, is currently insufficient in the Commu­    needs arising in the Community, the quota volume
nity to meet the requirements of the user industries in   may, for experimental purposes, be allocated on the
the Community ; whereas, consequently, Community          basis of the estimated temporary import needs from
supplies of products of this type depend to a conside­    third countries of each of the Member States ; whereas
rable extent on imports from third countries ; whereas    these arrangements for allocation will also ensure the
it is in the Community's interest to partially suspend    uniform application of the Common Customs Tariff ;
the Common Customs Tariff duty for the products in
question, within a Community tariff quota of an
appropriate volume ; whereas in order not to bring
into question the development prospects of this           Whereas, to take account of possible import trends for
production in the Community while ensuring an             the product concerned, the quota volume should be
adequate supply to satisfy user industries, it is advi­   divided into two tranches, the first being allocated
sable to limit the benefits of tariff quotas solely to    between certain Member States and the second held as
products which meet certain criteria as to presentation   a reserve to meet subsequent requirements of Member
and use, to open the quota for the period 1 J anuary      States which have used up their initial shares ; whereas,
30 J une 1983 and to fix the volume of this quota at      to give importers of the Member States some degree of
a level of 1 500 tonnes, corresponding to the needs for   certainty, the first tranche of the tariff quota should be
imports from third countries during that period, and      fixed at a relatively high level, which in this case could
to fix the quota duty at 10 % ;                           be 1 446 tonnes ;
Whereas equal and continuous access to the quota          Whereas the initial shares of the Member States may
should be ensured for all Community importers and         be used up at different rates ; whereas, to avoid disrup­
the rate of duty for the tariff quota should be applied   tion of supplies on this account, any Member State
consistently to all imports until the quota is            which has almost entirely used up its initial share
exhausted ; whereas, in the light of these principles,    should draw an additional share from the reserve ;
arrangements for the utilization of the tariff quota      whereas, each time its additional share is almost
based on an allocation among Member States would          entirely used up, a Member State should draw a further
seem to be consistent with the Community nature of        share, and so on as many times as the reserve allows ;
 ---pagebreak---  whereas the initial and additional shares should be                                 Article 3
 valid until the end of the quota period ; whereas this
 form of administration requires close collaboration
 between the Member States and the Commission ,              1.     If a Member State has used 90 % or more of its
 which latter must be in a position to keep account of       initial share as fixed in Article 2 ( 1 ), or of that share
 the extent to which the quota has been used up and to       minus any portion returned to the reserve pursuant to
 inform the Member States accordingly ;                     Article 5, it shall forthwith , by notifying the Commis­
                                                             sion, draw a second share, to the extent that the
 Whereas, if at a given date in the quota period a consi­    reserve so permits, equal to 10 % of its initial share
 derable quantity of a Member State's initial share          rounded up as necessary to the next whole number.
 remains unused, it is essential that that Member State
 should return a significant proportion to the reserve, in
 order to prevent a part of the Community quota              2.     If a Member State, after exhausting its initial
 remaining unused in one Member State while it could         share, has used 90 % or more of the second share
 be used in others ;                                        drawn by it, that Member State shall forthwith, in the
                                                             manner and to the extent provided in paragraph 1 ,
 Whereas, since the Kingdom of Belgium, the                 draw a third share equal to 5 % of its initial share
 Kingdom of the Netherlands and the Grand Duchy of           rounded up as necessary to the next whole number.
 Luxembourg are united within and jointly represented
 by the Benelux Economic Union, any measure concer­
 ning the administration of the shares allocated to that    3.      If a Member State, after exhausting its second
 economic union may be carried out by any one of its        share, has used 90 % or more of the third share drawn
 members,                                                   by it, that Member State shall forthwith, in the manner
                                                            and to the extent provided in paragraph 1 , draw a
 HAS ADOPTED THIS REGULATION :
                                                            fourth share equal to the third.
                          Artide 1 /June 1983               This process shall apply until the reserve is used up.
 1.    From 1 January to 30 /""              the Common
 Customs Tariff duty on sweet cherries, marinated in        4. By way of derogation from paragraphs 1 to 3, a
alcohol, of a diameter not exceeding 18-9 mm, stoned,       Member State may draw shares lower than those speci­
intended for the manufacture of chocolate products ('),     fied in those paragraphs if there are grounds for
falling within subheading ex 20.06 B I e) 2 bb), shall      believing that those specified may not be used in full.
be suspended at a level of 10 % within the framework        Any Member State applying this paragraph shall
of a Community tariff quota of 1 500 tonnes.                inform the Commission of its grounds for so doing.
 2. Within the limits of the tariff quota, Greece shall
 apply customs duties calculated in accordance with the
 relevant provisions in the 1979 Act of Accession.
                                                                                     Article 4
                          Article 2
 1.    A first tranche of 1 446 tonnes of this Commu­       Additional shares drawn pursuant to Article 3 shall be
 nity tariff quota shall be allocated among certain         valid until 30 June 1983 .
Member States ; the shares which, subject to Article 5,
shall be valid until 30       June     1983, shall be as
 follows :
                                        (tonnes)                                     Article 5
        Benelux                               5
        Denmark                               5
                                                            Member States shall, not later than 15 |V| a y
        Germany                          1 155               1 983, return to the reserve the unused portion of their
        Greece                               90             initial share which, on 1 |V| a y         1983, is in excess
        France                                1             of 20 % of the initial volume. They may return a
        Ireland                               5             greater portion if there are grounds for believing that it
                                                            may not be used in full.
        Italy                               180  '
        United Kingdom                         5
                                                            Member States shall, not later than 15             May
       The second tranche of 54 tonnes shall constitute     198J notify the Commission of the total quantities of
the reserve.
                                                            the products in question imported up to 1 May
                                                            1983 and charged against the Community quota and
(l) Checks cn their prescribed end-use shall be carried out of any portion of their initial shares returned to the
    pursuant to the relevant Community provisions.          reserve .
 ---pagebreak---                          Article 6                           3. Member States shall ensure that importers of the
                                                             product in question                                 have
The Commission shall keep an account of the shares           free access to the shares allotted to them .
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as the notifications reach it,      4. Member States shall charge imports of the
inform each State of the extent to which the reserve         product in question against their shares as the product
has been used up.                                            is entered with the customs authorities for free circula­
                                                             tion .
It shall, not later than 20 May       1983, inform the
Member States of the amounts still in the reserve            5.     The extent to which Member States have used up
following any return of shares pursuant to Article 5. '      their shares shall be determined on the basis of
                                                             imports charged against them under the conditions set
It shall ensure that the drawing which exhausts the          out in paragraph 4.
reserve does not exceed the balance available, and to
this end shall notify the amount of that balance to the
Member State making the last drawing.                                                Article 8
                                                             At the Commission s request, the Member States shall
                         Article 7
                                                             inform it of imports actually charged against their
                                                             shares.
1 . Member States shall take all appropriate measures
to ensure that additional shares drawn pursuant to
Article 3 are opened in such a way that imports may                                  Article 9
be charged without interruption against their aggregate
shares of the Community tariff quota.                        Member States and the Commission shall cooperate
                                                             closely to ensure that this Regulation is complied with.
2. Member States shall take all appropriate measures
to ensure that the products listed in paragraph 1 of                                 A ri ic c 10
Article 1 benefiting from the tariff quota in question
are put to the prescribed end-use.                           This Regulation shall enter into force on 1 January 1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at
                                                                         For the Council
                                                                           The President