CELEX: 51979PC0091
Language: en
Date: 1979-03-05
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I of the Common Customs Tariff, originating in Cyprus (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 91
Vol. 1979/0029
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(79)91 final
                                                     Brussels - 5 March 1979
                         4
                                  Proposal for a
                              COUNCIL REGULATION ( EEC )
            opening , allocating and providing for the administration of a
            Community tariff quota for fresh table grapes falling within
            subheading    ex 08.04 A I           of the Common Customs Tariff ,
                               originating in Cyprus
                    ( submitted to the Council by the Commission )
                                       /
                                         \Λ
COM ( 79 ) 91 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Article 2 of the Protocol laying down certain provisions relating
to trade in agricultural products between the European Economic
Community and the Republic of Cyprus , to be annexed to the Agreement
EEC / Cyprus of 1973 provides for a certain period of 1979 for the
opening of an Community tariff quota for the importation into
the Community of 7 000 tonnes of fresh table grapes , originating
in Cyprus , falling within subheadings ex 08.04 Ala ) and b ) of
the Common Customs Tariff .
The customs duties applicable within the limits of this quota are
equal to 40% of the duties actually applied to third countries .
Accordingly the tariff quota in question has to be opened .
As the method of administration to be applied by all Member States ,
the Commission proposes the " greyhound" system . -
This is the subject of the proposal annexed hereto .
 Annex : 1 proposal for a Regulation ( EEC ) of the Council .
 ---pagebreak---                                                                   Proposal for a
                                                      COUNCIL REGULATION (EEC)
                                opening, allocating and providing for the administration of a Community tariff quota for fresh
                             table grapes falling within subheading                 ~-flf the Common Customs Tariff and
                                                              originating in Cyprus ( 197             08.04 A I
                   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       circumstances, the quota volumes should be allocated HI
                                                                                  initial shares, to take into account dem.uiJ to; tixv
                                                                                  products on the markets of the various Mi mher SI.IK-.- ;
                  Having regard to the Treaty establishing the European
                  Economic Community, and in particular Articles 43
                  and 113 thereof .
                                                                                  Whereas, in order to take into account import' .         ,k
                                                                                 for the products concerned in the various Meuib.T
                                                                                 States, the quota amount should be divided into two
                  Having regard to the proposal from the Commission,             instalments, the first being shared among tin- Memi rr
                 Having regard to the opinion of the                             States and the second constituting a reser\e to cover .11 ,i
                 European Parliament .                                           later date the requirements of the Member States w in , i ,
                                                                                have used up their initial quota shares; whereas. m
                 Whereas Article 2 of the Protocol laying down certain          order to give importers in each Member State :i certaii
                                                                                                                                    certain
                 provisions relating to trade in agricultural products          degree of security, the first instalment ol        >.l rl\.
                 between the European Economic Community and the Community quota should under the circumsr.inces !•><
Republ ic ^ Cyprus (') provides for the opening of an annual                    fixed at 93% of the quota volume;
  gI r an
       ap e s Community tariff
                             tanH quota of 7 000 tonnes of ;:; ffresh   rush
     table) falling within subheadings ex 08.04 A I
     a ) and b ) of the Common Customs Tariff , ori~ .
    ginating in Cyprus , at rates of customs duty Whereas the Member States' initial shares mav be u .. . !
    equal to 40% of the customs duty in the                                    up at different times; whereas, in order to take ibis f ur
    Common Customs Tariff , for the period 8 June                              into account and avoid any break in tontinuirv, any
    to 31 July 1979 ; whereas the Community                                    Member State which has almost used up its iniii.il
                                                                               quota share, should draw an additional sh.ire from the
    tariff quota should be opened for the                                     reserve; whereas this must be done by eaih Member
   period in question ;                                                       State as and when each of its additional shares is almost
                                                                              used up, and repeated as many times as tin- r
                                                                              allows; whereas the initial and addition^tgr^i^ ^
                                                                              be valid until the end of the qun:--;-;^       whereas
                                                                              method of administration , rt^uircs close co< ijK'ranu::
                                                                              between the Mrrni.ci States and the Commission , in . I
          Whereas it is in particular necessary to ensure for a!'
                                                                              the latter must be in a position to monitor the extent i <>
          Community importers equal and uninterrupted access
          to the abovementioned quota and uninterrupted                       which the quota volumes have been used up and to
                                                                              inform the Member States thereof;
          application of the rate laid down for that quota to all
          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 '
          of the quota can be respected by allocating the                     Whereas if, at a given date in the quot > period. :•
          Community tariff quota among the Member States;                     substantial quantity remains unused in any Mcttilvi
          whereas, in order to reflect as accurately as possible the          State, it is essential that that Member State shuu 'ui
          true trend of the market in the products in question,                return a significant proportion to the reserve to prevent
          such allocation should be in proportion to the                      a part of any tariff quota from remaining unused in one
          requirements of the Member States, calculated by                    Member State when it could be used in others :
          reference to the statistics for imports from Cyprus over
          a representative reference period and also to the
          economic outlook for the quota period in question ;
                                                                              Whereas, since the Kingdom of Belgium, the kingdom
                                                                              of     the   Netherlands   and   the  Grand     Duchv     of
           Whereas, however, neither Community nor national                   Luxembourg are united in and represented by the
           statistics showing the breakdown for the products in               Benelux Economic Union, any operation relating to tin-
           question are available and no reliable estimates of               administration of the quota shares allocated to th.it
           future imports can be made; whereas, in these                     economic union may be carried out by any of us
                                                                             members.
          ( ' ) OJ No L 172, 28. 6. 1978 , p. 10.
 ---pagebreak---    HAS A DOFFED THIS REGULATION :
                            Article t
   From 8 Jure to 31 Jutyl97 9 the Common Customs
   Tariff duties for the products listed below, originating
   in Cyprus, shall be partially suspended at the levels
   shown below, within the limits of a Community tariff
   quota of 7 000 tonnes:
                  CCT                                                      Rate
                 heading                                    Description
                   No
                                                                          of datjr
                 08.04         Grapes, fresh or dried :
                        1      A. fresh:
                                   I. Table grapes :
                     0
                                       ex a) From 1 November to 14 July:
                                               – From 8 Jlid? to 14 July 7-2 %
                                       ex b) From 15 July to 31 October:
                                               – From 15 July to 31 July 8 8 %
                          Article 2
1 . The Community tariff quota referred to in Article 1
shall be divided into two tranches.
2. The first tranche, amounting to 6 504 tonnes, shall
be shared among the Member States; the proportions
which, subject to Article 5, shall be valid until
       I, y 1979, shall be as follows:
         Bénélux                          200 tonnes
         Dcnmark                          200 tonnes
        Germany                           200 tonnes
         France                              2 tonnes
         Ireland                          200   tonnes
         Italy                               2  tonnes
         United Kingdom                 5 700   tonnes
3 . The second tranche, amounting to 4 96 tonnes, shall
constitute the reserve*
 ---pagebreak---                                                  - 3 -
                          Article .?
1 . If 907o or more of a Member State's initial share as
specified in Article 2 (2), or 90% of that share minus
the portion returned to the corresponding 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, draw a second share equal to 1.5% of its
initial share, rounded up where necessary to the next
unit.
                                      t
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, to the extent permitted by the
amount of the reserve, that Member State shall, in
accordance with the conditions laid down in paragraph * "
1 , draw a third share equal to 7-5% of its initial share,
rounded up where necessary to the next unit.
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 L, draw a
fourth share equal to the third.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1 , 2 and 3 , a
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
 Commission of its reasons for applying this paragraph.
                          Article 4
 Each of the additional shares drawn pursuant to Article
 3 shall be valid until 31 July        1979.
                          Article 5
The Member States shall return to the reserve, not later
 than 1 5 July 1979, such unused portion of their
 initial share as, on 10 July         1979, is in excess of
 20% of the initial volume. They may return a larger
 quantity if there are grounds for believing that this
 quantity may not be used.
The Member States shall notify the Commission, not
 later than 1 5 July 1979, of the total quantities of the
 products in question imported up to 1 0 July         1979
 and charged against the tariff quota and of. any quantity
 of the initial shares returned to the reserve.
 ---pagebreak---                           Article 6
  The Commission shall keep an account of the shares
  opened by the Member States pursuant to Articles 2 and
  3 and, as soon as it is notified , shall inform each State
  of the extent to which the reserve has been used up.
  It shall inform the Member States, not later than 20
   July       1979, of the amount in the reserve after
  quantities have been returned thereto pursuant to
  Article 5 .
  It shall ensure that the drawing which exhausts any
  reserve does not exceed the balance available and , to
  this end, notify the amount of that balance to the
  Member State making the last drawing.
                        Article 7                                                           Article 8
1 . The Member States shall take all measures necessary            At the Commission's request, the Member States shall
to ensure that additional shares drawn pursuant to                 inform it of imports actually charged against their
Article 3 arc opened in such a way that imports may be            shares.
charged without interruption against their accumulated
shares of the tariff quota.
2. The Member States shall ensure that importers of                                        Article 9
the products in question established in their territory
have free access to the shares allocated to them .
                                                                  The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with.
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with customs authorities for home
use.
                                                                                           Article 10
4. The extent to which a Member State has used up its
share shall be determined on the basis of the imports             This Regulation shall enter into force on 8 June
charged in accordance with paragraph 3 .                           1979.
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels,
                                                                                         For the Council
                                                                                           The President