CELEX: 51991PC0324
Language: en
Date: 1991-09-06
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FROZEN PEAS ORIGINATING IN SWEDEN ( 1992 )

COMMISSION OF THE EUROPEAN CQMV1UNITIES
                                                       COM(91)324 final
                                                       Brussels, 6 September 1991
                                     Proposal for a
                                COUNCIL REGULATION (EEC)
         opening and providing for t h e a d m i n i s t r a t i o n ^ Community t a r i f f
                 quota for frozen peas o r i g i n a t i n g in Sweden (1992)
                              (presented by the Commission)
i *' J,i
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
1. The Agreement in form of an exchange of letters between the European Economic
   Community and Sweden concerning agriculture and fisheries, approved by the
   Council Decision of 15 September 1986 (1), provides for the opening of an
   annual Community tariff quota of 6 000 tonnes for frozen peas falling
   within subheading ex 07.02B of the Common Customs Tariff and originating
   in Sweden, of which 4 500 tonnes are reserved for Spain. The rate of duty
   to be applied under this tariff quota is reduced to 4.5X in Spain and 6X
   in the other Member States.
2. The purpose of this proposal is to implement the tariff quota for the period
   1 January to 31 December 1992. Account is taken of the entry into force on
   1 January 1988 of the Combined Nomenclature in place of the Common Customs
   Tariff.
3. The existence of a clause, in the Agreement reserving a large quantity of
   the tariff quota for Spain justifies a derogation from the Community
   management imposed by the Court of Justice in its judgment of 27.9.1980
   in case 51/87.
   The Commission's proposal therefore provides that the quota will be divided
   into two parts, the first of which will be allocated to Spain, and the
   second of which will constitute a Community reserve to be used by the other
   Member States for drawing quantities as and when they actually need to do
   so.
     (1) PB nr L 328 van 22.11.1986, biz. 89
 ---pagebreak---                                                       Proposal for a
                                        C O U N C I L REGULATION (EEC) N o                  791
                                                      of
                    opening                and providing for the administration of a Community tariff
                                    quota for frozen peas originating in Sweden (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 tonnes to constitute a reserve from which the other
                                                                         Member States and where appropriate, the Kingdom of
                                                                         Spain could, for quantities that may exist on a given date
Having regard to the Treaty establishing the European                    after the Member State has returned to the first part
Economic Community, and in particular Article 113                        unused quantities on that date, draw the necessary
thereof,                                                                 quantities to cover their actual needs ; whereas this
                                                                         method of management requires close cooperation
                                                                         between the Member States and the Commission, and
Having regard to the Act of Accession of Spain and                       requires the Commission in particular to be able to
Portugal,                                                                monitor the extent to which the quota volume has been
                                                                         Used up and inform the Member States accordingly ;
Having regard to the proposal from the Commission,                       Whereas if at a given date in the quota period a
                                                                         considerable quantity of Spain's initial share remains
                                                                         unused, it is essential that the Member State concerned
Whereas an Agreement between the European Economic                       should return any unused quantities in order to prevent
Community and the Kingdom of Sweden was concluded                        part of the the Community tariff quota from remaining
on 22 July 1972; whereas following the accession of                      unused in one Member State when it could be used in
Spain and Portugal to the Community, an Agreement in                     others ;
the form of an Exchange of Letters has been concluded
and approved by Council Decision 86/558/EEC (') ;
                                                                         Whereas since the Kingdom of Belgium, the Kingdom of
                                                                         the Netherlands and the Grand Duchy of Luxembourg
Whereas the said Agreement provides for the opening of                   are united within and jointly represented by the Benelux
a 6 000-tonne Community tariff quota at a reduced rate of                 Economic Union, any operation concerning the adminis-
duty for frozen peas originating in Sweden, 4 500 tonnes                 tration of this quota may be carried out by any one of its
of which are reserved for Spain ; whereas, therefore, the                 members,
 tariff quota in question should be opened for the period 1
January to 31 December 1992;
Whereas equal and continuous access to the quota should                   HAS ADOPTED THIS REGULATION
 be ensured for all Community importers and the rate laid
 down for the quota should be applied consistently to all
 imports until the quota is exhausted ; whereas, during the
 period of application of this Regulation, it seems
                                                                                                  Article    1
 necessary to keep a certain allocation of the quota in
 question among the Member States on account of the
 requirement in the Agreement to reserve the major part                   1.    From 1 January to 31 December 1992 the customs
 of the quota amount for Spain ; whereas it is therefore                  duty applicable to imports of the following products
 appropriate to subdivide the quota amount into two parts,                originating in Sweden, shall be suspended at the level
  the first one amounting to 4 500 tonnes allocated from                  indicated and within the limits of a Community tariff
  the outset to Spain, the second one amounting to 1 500                  quota as shown below :
                                                                                                          Amount        Quota duty
      Order No        CN code                                 Description                                 of quota         (%)
                                                                                                        (in tonnes)
  09.0613            0710 21 00     Frozen peas originating in Sweden                                      6 000      4,5 in Spain
                  ex 0710 29 00 (*)                                                                                   6 in the other
                                                                                                                      Member States
  f) Taric code 0710 29 00 * 10.
  (') OJ No L 328, 22. 11. 1986, p. 89.
                                                                                                                                    >*>
 ---pagebreak---                                                              -2-
2. The Protocol on the definition of the concept of              If a Member State does, not use the quantities drawn, it
originating products and on methods of administrative            shall return them as soon as possible to the quota
cooperation, annexed to the Agreement between the                amount.
European Economic Community and the Kingdom of
Sweden shall be applicable.                                      If the quantities requested are greater than the available
                                                                 balance of the quota amount, allocation shall be made on
                                                                 a pro rata basis with respect to the request. Member States
                          Article 2                              shall be informed by the Commission thereof.
1. The tariff quota referred to in Article 1 (1) shall be                                  Article 4
divided into two parts.
                                                                 The Kingdom of Spain shall, as quickly as possible,
2. The first part of the tariff quota, amounting to 4 500        return to the second part of the quota the total quantities
tonnes, shall be allocated to Spain until the date fixed in      which, on 15 September 1992, have not been used in the
Article 4.                                                       first part which was allocated to the Member State.
3. The second part, amounting to 1 500 tonnes, shall             It shall, at the same time, inform the Commission what
be reserved for the Member States other than Spain, and          was the total of imports of the product in question up to
shall be managed by the Commission, who can take any             and including 15 September 1992, charged against the
administrative measure serving to ensure efficient               tariff quota and if appropriate the quantity being returned
management. The provisions of Article 3 shall apply for          to the second part of the quota.
the management of this quantity.
                                                                 With effect from 16 September 1992, imports of the
                                                                 product in question in Spain shall only benefit from the
                           Article 3                             tariff quota within the limits of the balance available, and
                                                                 in accordance with the procedures laid down in Article 3.
If an importer presents, in a Member State, a declaration
for release for free circulation, including a request for                                  Article 5
preferential benefit for a product covered by this
Regulation and if this declaration is accepted by the             Each Member State shall ensure that importers of the
customs authorities, the Member State concerned shall             products concerned have equal and continuous access to
inform the Commission and draw an amount corre-                   the quota for such time as the residual balance of the
sponding to its requirements from the quota amount.               quota volume so permits.
The drawing requests, with indication of the date of                                       Article 6
acceptance of the said declarations, must be transmitted
 to the Commission without delay.                                 Member States and the Commission shall collaborate
                                                                  closely in order to ensure that this Regulation is complied
The drawings shall be granted by the Commission by                with.
 reference to the date of acceptance of the declarations for
 release for free circulation by the customs authorities of                                Article 7
 the Member State concerned to the extent that the
 available balance so permits.                                    This Regulation shall enter into force on 1 January 1992-
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                              For the Council
                                                                                The President
                                                                                                                              H
 ---pagebreak---      FICHE FINANCIERE
     1.       Ligne budgétaire concernée : Cnap. 12 art. 120
     2.       Base juridique : art. 113 du traité
     3.       Intitulé de la mesure tarifaire : Proposition de règlement
              du Conseil portant ouverture et mode de gestion d'un
              contingent tarifaire communautaire pour des pois congelés
              originaires de Suède.
     4.       Obleotlf       : Respeoter les engagements contractés par la
                                Communauté vis-à-vis de la Suède.
     5.       Mode de calcul :
                 codes de la N.C.:                            0710 21 00 et ex 0710 29 00
                 volume du contingent :                       6 000 tonnes
                 droit à appliquer :                            6 %             et 4,5 %
                 droit normal :                               18 %
     6.       Perte de r e c e t t e s :
              - valeur d'une tonne :              818
              - valeur t o t a l e :              4 908 000 écus
  Perte de recette : « à 4,5% (13,5%) : 3 681 000 écus x 13,5% - 496 935 écus
                     CU à 6% (12% ) : 1 227 000 écus X 12% - 147 240 écus
                                                                 644 175 écus
Par rapport à 1991, diminution des pertes de 691 425 - 644 175 écus- 47 250 écus
(voir procédure écrite OCM (90) 417 ou 13.9.90)
(Calcul effectué sur base EUROSTAT 1969).
                                                                                         5
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              C0M(91) 324 final
                                                      DOCUMENTS
EN                                                                              02
                                 Catalogue number : CB-C0-91-376-EN-C
                                                             ISBN 92-77-75434^6
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