CELEX: 51980PC0008
Language: en
Date: 1980-01-23
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for fresh or chilled tomatoes falling within subheading ex 07.01 M I of the Common Customs Tariff, originating in the African, Caribbean and Pacific States (1980)#Proposal for a COUNCIL REGULATION (EEC) establishing ceilings and Community surveillance for imports of carrots and onions falling within subheading ex 07.01 of the Common Customs Tariff, originating in the ACP-States (1980) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 8
Vol. 1980/0002
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)8                 final
                                                       Brussels ,                     January 1980
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
 tariff quota for fresh or chilled tomatoes falling within subheading ex
 07.01 M I of the Common Customs Tariff , originating                in the
                                                         originating in   the African
                                                                                  African,,
                        Caribbean and Pacific States (1980)
                                                          1980)
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                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
 establishing ceilings and Community surveillance for imports of carrots
 and onions falling within subheading ex 07.01 of the Common Customs
                   Tariff , originating in the ACP-States ( 1980 )
                   ( submitted to the Council by the Commission )
C0M ( 80 ) 8 final
 ---pagebreak---                  EXPLANATORY MEMORANDUM
                            A
1 . Article 14 of the Regulation ( EEC ) N°         /        on the
     arrangements applicable to agricultural products and certain
     goods resulting from the processing of agricultural products
     originating in the African, Caribbean and Pacific States
     provides for the opening of a Community tariff quota of
     2 000 tonnes for tomatoes originating in the above States ,
     at duties equal to AO % of the CCT duties , with a minimum
     charge of 0.8 EUA / 100 kg , for the period from 15 November
     to 30 April . This Regulation will enter into force'on
     1 March 1980 . Consequently for the volume of the quota to be
     fixed for the period 1 March to 30 April 1980 , the prorata
     temporis clause is applicable .
     It is therefore necessary to open a tariff quota for the period
     concerned *
     This is the subject of the annexed proposal .
2 . As regards the administration of this quota , the proposed text
    provides that the volume of the tariff quota shall constitute
     a reserve from which Member States in which needs arise may
    draw shares . The " gre>ohound system " is proposed as the form
    of administration .
                            Β
1 . The said artikel 14 also provides for a reduction in the CCT
      duties for onions and carrots originating in the above States
    during certain periods of the year . However , this reduction is
    limited to ceilings of 500 tonnes for each product . As soon as
    imports have reached thes(e levels , the customs duties actually
    applicable to third countries may be reimposed .
                                                             ••■/■m a
 ---pagebreak---                              - 2  -
    •As this Regulation is to enter into force on 1 March 1980 , the
    pro rata tempori s clause will apply during the periods covered by
     these tariff measures .
    It is therefore necessary to fix ceilings for the periods concerned .
2 . Implementation of the ceiling system and the possibility of
     reintroducing customs duties imply the adoption of precise common
     rules to be applied uniformly by all Member States . These requirements
    may be met by the establishment of a Community system of surveillance
    of actual imports from each of the partner countries .
3 . As far as application of the rule on ceilings and reintroduction
    of duties is concerned , the attached proposal makes provision
     for conferring certain of the Council 's powers on the Commission .
    ANNEXES   :
    Two proposals for Council Regulations .
 ---pagebreak---                                                                                                             *
                                                                                                       Annex A
                                                  Proposal for a
                                    COUNCIL REGULATION ( EEC )
                      opening, allocating and providing for the administration of a Community tariff
                      quota for fresh or chilled tomatoes falling within subheading ex 07.01 M I of the
                      Common Customs Tariff, originating in the African. Caribbean and Pacific
                                 States    ( 1980 )
     THF. COUNCIL OF THE EUROPEAN                                  tively low volume and the period of application is very
      COMMUNITIES,                                                 short, it seems possible to allocate the whole quota
                                                                   voiume to the Community reserve and to provide for
                                                                   the possibility of those Member States in which needs
      Having regard to the Treaty establishing the European        might arise drawing appropriate quantities from that
      Economic Community, and in particular Article                 reserve ; whereas the shares thus drawn from the
            1 1 3 thereof,                                          reserve 'must be valid until the end of the quota
                                                                    period ; whereas this method of management requires
      Having regard to the proposal from the Commission,            close cooperation between the Member States and the
                                                                    Commission and the latter must in particular be able
                                                                    to monitor the rate at which the quota is used up and
                                                                    inform the Member States thereof ;
      Whereas Article "^ of Council Regulation (EEC) No             Whereas, since the Kingdom of Belgium , the
               ( T ) provides for the opening bv the Commu­          Kingdom of the Netherlands and the Grand Duchy of
      nity ot a Community tariff quota of 2 000 tonnes of            Luxembourg are united in and represented by the
       fresh or chilled tomatoes tailing within subheading ex        Benelux Economic Union, any operation relating to
       07.01 M I of the Common Customs Tariff, originating           the administration of the shares allocated to that
       in the African , Caribbean and Pacific States *               economic union may be carried out by any one of its
                                             whereas the quota       members,
       period runs from 15 November to 30 April ; whereas .
       the customs duty applicable to the quota is set at
       4-4% , with a minimum charge ofQ.g European Umts           Ul         of
       Account per 100 kilograms net weight ; whereas this
       Regulation only enters into force on 1 March                        HAS ADOPTED THIS REGULATION '
1 " oO^/hereas, therefore, the pro rata temporis clause is
       applicable to the quota for the                     _
        period 1 March to 30 April 1980 ;                                                    Artieie 1
       whereas a Community tariff quota of 727 tonnes
        should therefore be opened for the period in ques­
        tion ;                                                        1.    For the period       1 March              to 30
                                                                         April 1980 , a Community tariff quota of 727
        Whereas it is necessary in particular to ensure to all        tonnes shall be opened in the Community for fresh or
        Community importers equal and uninterrupted access            chilled tomatoes falling within subheading ex 07.01 M
        to the abovementioncd quota, and uninterrupted appli­         I of the Common Customs Tariff, originating in the
        cation of the rates laid down for that quota to all           African, Caribbean and Pacific States and in the over­
         imports of the products concerned into all Member            seas countries and territories .
        States until the quota has been used up ; whereas,
         however, since the tariff quota involved is of a rela-       Within this tariff quota the Common Customs Tariff
                                                                      duty applicable to the products shall be suspended at •
        (')                                                            4-4% with a minimum charge of 0.8 F.uropean
                                                         Unit s 0 fAccount per 100 kilograms net weight.
 ---pagebreak---                                                - 2 -                                                    Annex A
2.     The volume of the tariff quota referred to in para­                               Article 3
graph 1 shall constitute a reserve.                           At the request of ' the Commission , Member States
3.     Jf the need should arise for the products in ques­     shall inform it of imports actually charged against
tion in a Member State, the latter shall draw an appro­       their shares .
priate share from the reserve, providing that the size
of the reserve so permits .                                                              Article 4
4 . i <T|ie shares drawn pursuant to paragraph 3 shall        The Member States and the Commission shall coop­
be valid until 30 April 1980.                                 erate closely in order to ensure that this Regulation is
                                                              complied with .
                            Article 2
 1.    The Member States shall take all measures neces­
sary to ensure that shares drawn pursuant to Article 1
 are opened in such a way that changes may be made
 without interruption against their accumulated shares                                   Article 5
 of the Community quota.                                      Th : s Regulation
                                                              This   Reg          shall enter into force on 1 March 1980 .
 }      M. iulvf Si.iU's ^ ivVii k-n-smv ihji imp.wts e>t the
 smd              v Mnbli'-lu <1 in then tcmtoiy have tree
 access to the shares allocated to them .
 3.     The Member States shall charge imports of the
 said goods against their shares as and when the goods
 are entered with customs authorities for free circulation .
 4.     The extent to which a Member State has used up
  its share shall be determined on the basis of the
  imports charged in accordance with paragraph 3.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Luxembourg,
                                                                             Iiir l />c Council
 ---pagebreak---                                                           ANNEX B
                               Proposal for a
                      COUNCIL REGULATION   ( EEC )
           establishing ceilings and Community surveillance for imports
           of carrots and onions falling within subheading ex 07.01 of
           the Common Customs Tariff - originating in the ACP-States ( 1980 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article           113 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 14 of Council Regulation ( EEC ) No ...  provides that ,
for the period 1 January to 31 March , carrots falling within subheading
ex 07.01 G II of the Common Customs Tariff and , for the period 15 February
to 15 May , onions falling within subheading ex 07.01 H of the Common
Customs Tariff , originating in the African , Caribbean and Pacific States ,
are subject on importation into the Community to the reduced rates of
duty of 10.2% and 4.8% respectively ;   whereas such reduction of duties
applies to imports only up to ceilings above which the customs duties
actually applicable to third countries may be reintroduced ; . whereas
this Regulation is to enter into force on 1 March 1980 ;   whereas the
pro rata temporis clause is therefore applicable for the purpose of
determining of the ceilings concerned ;
 ---pagebreak---                              - 2 -                         ANNEX B
Whereas the application of ceilings- requires the
Community to be regularly informed of the trend of
imports of the relevant products originating in these
countries ; whereas imports should therefore be made
subject to a system of surveill ance ;
Whereas this objective may be achieved by means of an
administrative procedure based on setting off imports of
the products in question against the ceilings at
Community level as and when t;hcse products are
entered with customs authorities for free
circulation ; whereas this administrative
procedure must make provision for the
possibility of customs tariff duties being
 reintroduced as soon as the ceilings are
 reached at Community level ;
 Whereas this administrative procedure requires close
 and particularly rapid cooperation between the Member
 States and the Commission and the latter must in
 particular be able to follow the progress of quantities
 charged against the ceilings and keep the Member States
 informed ; whereas this cooperation has to be
 particularly close since the Commission must be able to
 take the appropriate measures to reintroduce customs
 tariff duties if one of the ceilings is reached,
  HAS ADOPTED THIS REGULATION :
                           Article 1
1 . Imports of the products originating in the African ,
Caribbean and Pacific States which are listed in the
Annex to this Regulation shall be subject to ceilings
and to Community surveillance .
     The products referred to in the first subparagraph ,
their Tariff headings , the customs duties applicable ,
the periods of validity and the levels of the ceilings
arc set out in the said Annex .
                                                         • ••/■■■
 ---pagebreak---                                                                                                 ANNEX B
                                                    - 3 -
         2. Quantities shall be charged against the ceilings as
         and when products are entered with customs authorities
          for free circulation accomoanied by a
          movement certificate .
         Products may be charged against                      a    ceiling
         only if the movement certificate is submitted
         before the date on which customs duties are
         reintroduced .
          The extent to which a ceiling is used up shall be
          determined at Community level on the basis of the
          imports charged against it as defined in the preceding
          subparagraphs.
          Member States shall inform the Commission at the
          intervals and within the time limits specified in
          paragraph 4 of imports effected in accordance with the
          above procedures .
          3 . As soon as a ceiling has. been reached , -
          the Commission may adopt a–Regulat ion
          reintroducing ., until the end of its period
          of validity , the customs duties applicable -
          to third countries .
          4 . Member States shall send the Commission
          statements of the quantities charged for
          periods of ten days , to be forwarded
          within five clear days of the end of
          each ten-day period .
                                   Article 2
           The Commission shall take all appropriate measures, in
           close cooperation with the Member States, for the
           purposes of applying this Regulation.
                                   Article 3
           This Regulation shall enter into force on 1 March 1980 .
iiiis Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                      For the Council
                                                                       The President
 ---pagebreak---                                                                               ANNEX B
                                          ANNEX
                   CCT                                         Customs duties      Lcvel of
 Order No                                    Description                            ccilinp
                hcadine No
                                                                applicable         (tonne»)
    1                2
                                                 3                       4      I      s
          I
               07.01       Vegetables , fresh or chilled :
             I
                           6 . Carrots , turnips , salad
                               beetroot , salsify , celeriac ,
                               radishes and similar edible
            I                  roots  :
                               ex II . Carrots and turnips :
ACP 1                                   - Carrots , from            10.1 7 ρ       /ù u
                                          1 March to 31
                                          March
                               ex H. Onions , shallots and
                                      garlic :
ACP 2                               - Onions , from 1 March
                                      to 15 May