CELEX: 51982PC0084
Language: en
Date: 1982-03-03
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 Turkey (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (82) 84
Vol. 1982/0031
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82)84 final.
                                                       Brussels . 3 March 1982
                                           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 origina­
                ting in Turkey
                   ( submitted to the Council by the Commission )
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                            EXPLANATORY MEMORANDUM
 1 . Council Regulation ( EEC) No 3825 / 81 amending Regulation ( EEC )
       No 562 / 81 of 20 January 1981 on the reduction of customs duties
       on imports into the Community of certain agricultural products
       originating in Turkey ( 1)(2 ) provides for the opening of an
       annual Community tariff quota of 90 tonnes at a rate of 8.3% ,
       for apricot pulp falling within subheading ex 20.06 B II C ) 1
       aa ) of the Common Customs Tariff , originating in Turkey .
       Such a quota was opened for the period from 1 July 1981 to
       30 June 1982 by Regulation ( EEC ) No 2059 / 81 of 13 July 1981 ( 3 ).
2. The aim of this proposal is to open the quota concerned for the period
      from 1 July 1982 to 30 June 1983.
                  arrangements ,                                  •-
3. The tariff /          concerned may be modified in the light of current
      negotiations with the contracting country for the conclusion of an
      Adaptation Protocol to the abovementioned Agreement. Pending the
      outcome, the proposed Regulation enables the engagements contracted
      by the Community to be respected.                        .*    - •
      The Commission therefore reserves the right to modify the proposal in
                                                                  \
      the course of the proceedings in order to adapt it, as necessary, to the ■
      Adaptation Protocol.                            •  v                     i
k. In accordance with the principles normally followed, the allocation of
      the quota volume among the Member States should be based on previous
      and foreseeable imports by the' Member States, specifically those origi­
      nating in or coming from Turkey. Imports of these products from Turkey
      have been negligible or non-existent in recent years. Furthermore, the
      Member States cannot make forecasts for the quota period under
      consideration.
  ( 1 ) 0J No L 388 , 31.12.1981 , p
  ( 2 ) 0J No L 65 , 11.03.1981 , p. 1
  ( 3 ) 0J No L 202 , 22.7.1981 , p. 44 .
 ---pagebreak---                                    - 2 -
■ Consequently, pending a more Community-based administration of this
 - quota, based on the experience acquired, the Commission considers that
   it can propose the extension of the system adopted by the Council for
   the current quota period, namely the allocation of a large portion of the
   quota volume to the Community reserve and "the allocation of equal
   initial quota-shares, corresponding to one-seventh of the remainder of
   the quota, to the Member States.
 ---pagebreak---                                                           Proposa l for a
                                        COUNCIL REGÜLATION (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 Turkey
THE COUNCIL OF THE EUROPEAN                                         Whereas it is in particular necessary to guarantee all
COMMUNITIES,                                                        importers of the Community equal and uninterrupted
                                                                    access to the quota and uninterrupted application of
                                                                    the rates laid down for that quota to all imports of
                                                                    the product in question into the Member States until
Having regard to the Treaty establishing the                        the quota has been used up ; whereas having regard to
European Economic Community, and in particular                      the above principles the Community nature of the
Article 1 1 3 thereof,
                                                                    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
Having regard to the proposal from the Commission,                  proportion to the requirements of the Member States,
                                                                    assessed by reference both to the statistics relating to
                                                                    imports from Turkey over a representative reference
Whereas the Annex to Council Regulation (EEC)                       period and to the economic outlook for the quota
No 562/ 81 of 20 January 1981 on the reduction of                   period concerned ;
customs duties on imports into the Community of
certain agricultural products originating in Turkey ('),
as amended by Regulation (EEC) No 3825-/8 1 (2),
provides for the opening by the Community,                          Whereas, during the last three years for which
                                    of an annual Community          statistics are available, the corresponding imports of
tariff quota of 90 tonnes at a rate of 8-3 % for                    each Member State from Turkey have been negligible
apricot pulp falling within subheading ex 20.06 B II c)             or non-existent ; whereas those data cannot therefore
 1 aa) of the Common Customs Tariff, originating in                 be considered as representative to serve as a basis for
Turkey ; whereas such a quota has been opened for                   allocation of the quota volume among the Member
the period up to 30 June 1982 by Regulation (EEC)                   States ; whereas it is difficult 'o estimate imports by
No2059 / 81 ('),                                                    Member States because of the absence of truly
                   whereas the tariff quota in question             representative figures for previous years ; whereas,
should therefore be opened for the abovementioned                   consequently, the only solution seems to be to
volume for the period . 1 July 198 2 to 30 June 1983;               allocate part of the quota volume to the Community
                                                                    reserve and to allocate one seventh of the balance to
                                                                    the Benelux, countries, Denmark, Germany, France,
                                                                    Ireland, Italy and the United Kingdom ;
Whereas, since a Protocol as provided for in Article
118 ( 1 ) of the 1979 Act of Accession does not exist,
the Community adopted the measures envisaged in
Article 119 of that Act in Regulation (EEC)                         Whereas the initial shares may be used up fairly
No 3555 / 80 (4) determining the arrangements to be                 quickly; whereas , therefore, to avoid disruption of
applied to imports into Greece originating, in                      supplies, any Member State which has almost used up
particular, in Turkey; whereas the tariff measure                   its initial share shall draw a supplementary share from
concerned will, therefore, apply to the Community of                the Community reserve ; whereas this must be done by
Nine :                                                              each Member State as each one of its supplementary
                                                                    shares is almost used up, and as many times as the
                                                                    reserve allows ; whereas the initial and supplementary
                                                                    shares must be valid until the end of the quota
                                                                    period ; whereas this form of administration requires
I' ) OT No L 65 , 11.3 . 1981 , p. 1 .                              close collaboration between the Member States and
(') 0J No L 388 , 31 . 12.1981 , p                                  the Commission, and the Commission must be in a
O OjNoL 202 , 22.7.1981 , p . 44                                    position to follow the extent to which the tariff quota
OOjNoL 382 , 31.12.1980 , p . 1 .                                   has been used up and inform the Member States
                                                                    thereof;
 ---pagebreak---  Whereas if, at a given date in the quota period, a        its initial share, rounded up where necessary to the
 ronsiderable quantity of a share remains in any           next unit, to the extent permitted by the amount of
 Member State, it is essential that that State should      the reserve .
 return a significant proportion to the reserve in order
 to avoid part of the Community quota remaining            2 . If, after its initial share has been used up , 90 %
 unused in one Member State when it could be used in       or more of the second share drawn by a Member
 others ;                                                  State has Ueen used up, that Member State shall, in
 Whereas, since the Kingdom of Belgium, the                accordance with the conditions imposed by para­
 Kingdom the Netherlands and the Grand Duchy of            graph 1 , draw a third share equal to 7-5% of its
 Luxembourg are united within and jointly represented      initial share, rounded up where necessary to the next
                                                           unit.
 by the Benelux Economic Union, any measure
 concerning the administration of the shares allocated
 to that economic union may be carried out by any          3 . If, after its second share has been used up, 90 %
 one of its members,                                       or more of the third share drawn by a Member State
                                                           has been used up, that Member State shall, in
                                                           accordance with the same conditions, draw a fourth
 HAS ADOPTED THIS REGULATION :                             share equal to the third.
                                                           This process shall continue to apply until the reserve
                          Article 1                        is used up.
  1 . From I July 1982 to 30 June 1983 a Community         4. By way of derogation from paragraphs 1 to 3, a
 tariff quota of 90 tonnes shall be opened in the          Member State may draw shares smaller than those
 Community of Nine for apricot pulp falling within         fixed in those paragraphs if there are grounds for
 subheading ex 20.06 B II c) 1 aa) of the Common           believing that those fixed may not be used up. It shall
 Customs Tariff and originating in Turkey.                 inform the Commission of its reasons for applying
                                                           this paragraph.
 2.     Within the limits of this tariff quota the
 Common Customs Tariff duty applicable to these                                     Article 4
 products shall be partially suspended at a rate of
 8-3% .
                                           i  ■
                                                            Supplementary shares drawn pursuant to Article 3
                          Article 2                        shall be valid until 30 June 19&;
 1.     A first instalment of 70 tonnes shall be allocated
 among the Member States ; the respective shares of
 the Member States, which subject to Article 5 shall be                             Article 5
 valid from 1 July 198 2 to 30 June 1983. shall be as
 follows :
                                                           The Member States shall return to the reserve, not
      Bénélux :             10 tonnes                      later than 1 April 1983, the unused portion of their
      Denmark :             10 tonnes                      initial share which on 15 March 198 3 is in excess of
      Germany :             10 tonnes                      20 °/o of the initial amount. They may return a larger
                                                           quantity if there are reasons to believe that such
      France :            . 10 tonnes
                                                           quantity might not be used .
      Ireland :             10 tonnes
      Italy :               10 tonnes                      Member States shall, not later than 1 April 1983 ,
 –1 United Kingdom :        10 tonnes                      notify the Commission of the total quantities of the
                                                           said goods imported up to and including 15 March
 2.     The second instalment of 20 tonnes shall be held   198 3and charged against the Community tariff quota
 as the Community reserve.
                                                           and any quantities of the initial share returned to the
                                                           reserve .
                          Article 3
                                                                                    Article 6
 I.     If 90 °/o or more of a Member State's initial
 share as specified in Article 2 ( 1), or of that share    The Commission shall keep an account of the shares
 minus the portion returned to the reserve where           opened by the Member States pursuant to Articles 2
.Article 5 is applied, has been used up, that Member       and 3 and shall, as soon as it has been notified,
 State shall without delay, by notifying the               inform each State of the extent to which the reserve
 Commission, draw a second share equal to 15 % of          has been used up.
 ---pagebreak---                                                       - 3 -
 It shall inform the Member State*, not later than            4.   The extent to which a Member State ha* uacd
 5 April 198 3 , of the amount still in reserve after         up its share shall be determined on the basis of
amounts have been returned thereto pursuant to                imports charged in accordance with paragraph 3 .
Article 5 .
It shall ensure that the drawing which uses up the                                  Article 8
reserve is limited to the balance available and to this
end shall specify the amount thereof to the Member           At the request of the Commission, Member States
State making the last drawing.                               shall inform it of imports of the products concerned
                                                             actually charged against their shares.
                        Article 7
                                                                                    Article 9
1 . Member States shall take all measures necessary
to ensure that supplementary shares drawn pursuant           Member States and the Commission shall cooperate
to Article 3 are opened in such a way that imports           closely in order to ensure that this Regulation is
may be charged without interruption against their            observed .
accumulated shares in the Community tariff quota.
2 . Member States shall ensure that importers of the                               Article 10
said goods established in their territory have free
access to the shares allocated to them .                     This Regulation shall enter into force on 1 July 1982 «
3.    Member States shall charge imports of the said
goods against their shares as and when such goods
are entered for free circulation.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels,                          ,
                                                                                  For the Council
                                                     /                             The President
 ---pagebreak--- FICHE FINANCIERE
1 . Ligne budgétaire concernée : Chap . 12 art . 120
2 . Base juridique : Art . 113
3 . Intitulé de la mesure tarifaire :
           Proposition ce règlement du Conseil portant ouverture ,
           répartition et mode de gestion d' un contingent tarifaire
           de pulpes d' abricots , originaires de Turquie .
4 . Objectif :
           Assurer le respect des engagements contractés par la
           Communauté .
5 . Mode de calcul :
    - N° du T.D.C.                           ex 20.06 B II C ) 1 aa )
    - Volume du / des contingent(s )         90 tonnes
    - Droits à appliquer­                    8,3 %
    - Droits du T.D.C.                       17 %
6 . Perte de recettes :
           Valeur des marchandises : 490 Ecus x 90 = 44.100 Ecus
           Perte de recettes         : 44.100 Ecus x 8,7 % = 3.837 Ecus
           Par rapport à la période précédente ( 1.7.1981 au 30.6.1982 ),
           augmentation des pertes de 308 Ecus .