CELEX: 51993PC0491
Language: en
Date: 1993-10-12
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for fresh strawberries originating in the Occupied Territories and laying down the procedure applicable to certain agricultural products subject to reference quantities originating in the said territories (1993/1994)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C 0 M O 3 ) 491 final
                                                  Brussels, 12 October 1993
                                   Proposal for a
                             COUNCIL REGULATION (EEC)
       opening and providing for the administration of a Community tariff
      quota for fresh strawberries originating in the Occupied Territories
        and laying down the procedure applicable to certain agricultural
        products subject to reference quantities originating in the said
 •i                          territories (1993/1994)
                           (presented by the Commission)
mm.
 ---pagebreak---  ---pagebreak---                                                                    2
                        EXPLANATORY MEMORANDUM                     ^^
1. Council Regulation (EEC) No 1134/91 on the tariff arrangements
   applicable to imports into the Community of products originating in
   the Occupied Teritories and repealing Regulation (EEC) No 3363/86
   provides for duties on imports of fresh strawberries and the
   agricultural products set out in the Annex and originating in the
   Occupied Territories to be eliminated on 1 January 1993, within the
   per iods ind icated.
2. Duties on strawberries falling within CN code 0810 10 90 are to be
   eliminated within the limits of a Community tariff quota of 1 200
   tonnes.
   The agricultural products set out in the Annex are subject to
   Community surveillance within a framework of reference quantities
   and pre-established timetables.
3. As regards the administration of the tariff quota, it is proposed
   that the entire volume of the quota form a Community reserve to
   which all Member States would have access according to the
   procedure laid down in Article 3 of the proposed Regulation.
   With regard to the procedure applicable to the agricultural
   products, Article 3 (2) of Regulation 1134/91 provides that where
   imports of one of these products exceeds the reference quantity,
   the product in question may be made subject to a Community tariff
   quota which will apply to a quantity equivalent to the reference
   quantity, if the amounts imported appear likely to cause
   difficulties in the Community market.
4. The system of surveillance planned for these reference quantities
   does not entail the adoption of common rules other than those
   currently applied uniformly by all Member States in the matter of
   the Community's external trade statistics.  Given that reference
   quantities are generally opened for less than a calendar year, the
   Commission departments responsible for examining whether a product
   should be made subject to a tariff quota can obtain the requisite
   statistics from the Statistical Office of the European Communities.
 ---pagebreak---                                                                      P r o p o s a I for     a
                                                        C O U N C I L K ECU I. A H O N (EEC) No                   /93
                                                                                                                                             3
                                                                            of
                           opening and providing for the administration                          of a Community tariff quota for
                           fresh strawberries originating in tlie- Occupied                       Territories and laying down the
                           procedure applicable to certain agricultural                            products subject to reference
                                                quantities originating in the said                territories (1993/1994)
       THI; COUNCIL or- THE EUROPEAN COMMUNITIES,                                        Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                                          the Netherlands and the Grand Duchy of Luxembourg
                                                                                         are united within, and jointly represented by the Benelux
       Having regard to the Treaty establishing the European                              Economic Union, any operation concerning the adminis-
       Economic Community, and in particular Article 1 13                                tration of the quota may be carried out by any one of its
       thereof.                                                                           members ;
       Having, regard to Council Regulation (EEC) N o 1134/91                            Whereas, in carrying out its international obligations, the
       of 79 April IW ] on the taiiff arrangements applicable to                         Community must open reference quantities and establish
       imports into the Community of products originaiing in                             a statistical surveillance system regarding the products
       the Occupied Territories and repealing Regulation (EEC)                           listed in the Annex ;
       No 136 1/86 ('), and in paiticulat Articles 1 and \ thereof,
                                                                                         Whereas, in order to enable the competent authorities
       Having regard to the pioposal from the Commission,                                within the Commission to establish an annual trade
                                                                                         balance sheet for each of the products and if necessary, to
                                                                                         put into application the arrangement provided for in
       Whereas Article I of Regulation (EEC) No I 1 .Ï4/V1                               Article .3 (2) of Regulation (EEC) No 1134/91, these
       provides for the elimination of customs duties on imports                         products are subject to the statistical surveillance in accor-
       of the agricultural products set out in Annex II thereto
                                                                                         dance with Regulations (EEC) No 2658/87 (') and (EEC)
and o r i g i n a t i n g In the Occuplod T e r r i t o r i e s on
                                                                                         No 1736/75 0 ;
1 J a n u a r y 1993. and w i t h i n tho p e r i o d s I n d i c a t e d for
each p r o d u c t ; w h e r e a s , t h e r e f o r e . It Is a p p r o p r i a t e
t o opon on 1 Novembor 1993. t h o Community t a r i f f q u o t a s
                                                                                         Whereas, to ensure the efficiency of the surveillance
l a i d down for the s a i d p r o d u c t s , t h e volumes of which
a r o I n d i c a t o d In A r t i c l e 1 and t h e Annex t o t h i s                   system, the Member States must nevertheless charge
Rogulat i o n .                                                                          imports of the products in question against the reference
                                                                                         quantities as and when these products are presented to
                                                                                         the customs under cover of declarations for release for
                                                                                         free circulation ; whereas the reference quantities fcr the
       Whereas duties on the strawbenies falling within CN
                                                                                         products listed in the Annex should be opened
       code OHIO 10 90 are eliminated within the limits of a
                                                                                            for t h e p e r i o d 1993/1994;
       Community tariff quota of I 200 t o n n e s ,
       Wheieas equal and continuous access to the quota should
       be ensured foi all Community importers and the rate laid
       down for the quota should be applied consistently to all
       imports of the products in question into all the Memlx-i                          HAS ADOPTED THIS REGULATION
       States until the quota is exhausted ;
       Whereas the decision for the opening, in the execution of                                                      Article  1
       its international obligations, of a tariff quota should be-
       taken by the C o m m u n i t y ; whereas, to ensure the effici-
       ency of a common administration of this quota, there is,                           The customs duty applicable to imports into the C o m m u -
       however, no obstacle to authorizing the Member States to                          nity of fresh strawberries originating in the Occupied
       draw from the quota-volume the necessary quantities                                Territories shall be suspended at the level indicated below
       corresponding to actual imports ; whereas this method of                          and within the limit of the Community tariff quota as
       administration requires close cooperation between the                             shown below :
       Member States and the Commission and the- latter must
       in particular be able to monitor the rate at which the
                                                                                         (') OJ No I. 256, 7. 9. 1987, p. 1. Regulation as last amended by
       quota is used up and inform the Member States actor                                   Regulation (EEC) No 2913/92 (OJ No L 302. 19. 10. 1992, p.
       dingly ,                                                                               ")
                                                                                         (') OJ No I. 183. 14. 7. 1975. p. 3. Regulation as last amended by
                                                                                             Regulation (EEC) No 1629/88 (OJ No L 147, 14. 6. 1988, p.
      (') OJ No I. I i;. 4 S | 9 9 | , ,,. |                                                  I)
 ---pagebreak---                                                                                                                                                y
                                                                                                                                   Amounr           Quota
          Oidr                                   I ill II
                                                                                                                                   of quota          duty
                            CN (.Unie                                                    Drsc riplion
           No                                   < :<KIC
                                                                                                                                 (in tonnes)         (%)
  09.1 \H\                0810 10 90             '36         Fresh strawberries from             1 November 1993 t o                 1 200            0
                                                 •39          31 March 1994
                                                  •41
                                                  •49
                                       Arttdt     )                                                                        Art tele 4
  The tariff quota referred to in Article I shall be a d m i m s                              1.      Imports into the Community of certain products
  teied by the Commission, which may take any appro-                                          originating in the Occupied Territories shall be subject to
  priate measure with a view to ensuring the efficient admi-                                  reference quantities and to a statistical surveillance.
  nistration thereof.
                                                                                              The products referred to in the first subparagraph, their
                                                                                              CN codes, the periods of validity and the levels of the
                                       Art11 Iv 3                                             reference quantities are set out in the Annex.
                                                                                              2.      Quantities shall be charged against the reference
  If an importer presents, in a Member State, a declaration
                                                                                              quantities as and when products are entered with customs
  of entry into free circulation including a request for prefe-
p i o f o r o n t l a l b o n e f i t for a p r o d u c t c o v e r e d by                    authorities for free circulation and accompanied by a
A t t l c l o 1 of tho p r o s o n t R o g u l a t l o n , and if t h i s                     movement certificate. If the movement certificate is
d e c l a r a t i o n i s a c c e p t e d by t h o c u s t o m s a u t h o r i t i e s ,      submitted a posteriori, the goods shall be charged against
tho Mombor S t a t e c o n c e r n e d s h a l l d r a w , from t h e                         the corresponding reference quantity at the m o m e n t
t a r i f f q u o t a , by means of n o t i f i c a t i o n t o t h e                         when the goods are entered for free circulation.
Commission, a q u a n t i t y c o r r e s p o n d i n g t o t h e s e noodï
                                                                                              The extent to which the reference quantities are used up
  The requests for drawing, with the indication of the date                                   shall be determined at Community level on the basis of
  of acceptance of the said declaration, must be c o m m u n i -                              the imports charged against them in the manner defined
  cated to the Commission without delay.                                                      in the first subparagrpah, as communicated to the Statis-
                                                                                              tical Office of the European Communities in application
  The drawings are granted by the Commission on the basis                                     of Regulations (EEC) No 2658/87 and (EEC) N o 1736/75.
  of the date ol acceptance of the declaration of entry into
  free circulation by the customs authorities of the Member
  State concerned, to the extent that the available balance                                                                Article    5
  so permits.                                                                                 The Member States and the Commission shall cooperate
                                                                                              closely to ensure that this Regulation is complied with.
  If a Member State does not use the quantities drawn, it
  shall return them as soon as possible to the tariff quota.
                                                                                                                           Article    6
   if the quantities required are greater than the available
                                                                                               This Regulation shall enter into force on the day of its
  balance of the tariff quota, allocation shall be made on a
                                                                                              publication in the Official Journal            of the    European
   pro rata basis with respect to the recpiests. Member States
                                                                                               Communities.
  shall be informed by the Commission of the drawings
  made.                                                                                       It shall apply with effect form 1 November            1993..
                           This Regulation shall be binding in its entirety and directly applicable in all Member
                          States
                           Done at
                                                                                                            I'or the   Council
                                                                                                              The   President
 ---pagebreak---                                                       A NNl-X                                          S
 Ol.lri                    Ti.ll.                                                                    Reference
   Nu                      ».>dr                                                           Validity  quantity
                                                                                                      (tonnes)
ixo n o   •x 0/02 00 10           Tomatoes, fiesh or .lulled                          1 . 12.93-          000
                                                                                      31.3.94
                           '51
                           •59
                           '61
                           '69
18.0120  ex 0 / 0 9 30 00  •20    Aubergines, fresh or d u l l e d                   15.1.94 -
                                                                                                        3 000
                           "30                                                       30.4.94
18 0110  ex 0/09 60 10            Sweet peppeis                                                         1 000
                                                                                      1 . 1 .94 -
                                                                                     31.12/94
18.0 «40 ex 0709 90 70       70   Courgelles, fresh cu chilled                      1.12.93-              300
                                                                                    28.2.94
18 0 «SO     0805 10   I I        Oranges, fresh                                      1.1 . 9 4 -     25 000
             080 S 10  15                                                           31 . 1 2 . 9 4
             080 S 10  19
             080 S 10  21
             0805 10   25
             080 5 10  29
             0805 10   U
             080 5 10  15
             0805 10   39
             080 S 10  41
             080 S 10  45
             080 5 10  49
         ex 080 5 10   70
                              I\
                              14
                              18
         ex 080S 10 90        I I
                              19
18 0 160 rx 080 S /() 10      11  Maiidaims (intituling tangeiines and satsumas),     1.1.94       -      500
                              11  clémentines, wilktngs and similar cirrus hybrids,
                                                                                      31.12.94
                              »S  liesh
                            ' 18
                            ' IV
         ex 080 S 20 10       11
                              )\
                              3S
                            '39
         ex 080 5 20 50     '31
                            '31
                            ' IS
                              18
                              ll>
           x 080 S 20 / 0   ' Il
                            '1.1
                            ' 15
                              18
                            ' ll>
          ex 080S 20 90       1 I
                              IS
                              16
                            '17
                              18
                              SI
                              SI
                              SS
                              S8
 ---pagebreak---                                                                                       4
                                                                                       Reference
 Oidrl
           C N .odr
                      Tiiic                   Des. nption                    Validity  quantity
  No                  code
                                                                                        (tonnes)
                                                                           1 . 1 .94-
18.0370 ex 0805 30 10   10  Lemons (Citrus Union, Citrus  Itmonom), fresh                   800
                                                                          31.12.94
18.0380 ex 0807 10 90       Melons, fresh                                  1 .11.93      10 000
                       •13                                                 31.5.94
                       '14
                       '23
                      '33
                      *34
                      '43
 ---pagebreak--- FINANCIAL STATEMENT
                                                                       9
 1. Budget heading : Chapter 12, Article 120.
2.  Legal bag is : Article 113 of the Treaty.
3.  Title of the tariff measure : Proposal for a Council Regulation
    opening and providing for the administration of a Community tariff
    quota for fresh strawbetries originating in the Occupied
    Territories and laying down the procedure applicable to certain
    agricultural products subject to reference quantities originating
     in the sa id ter r itor tes ( 1993 1994)
4
  - Aim    Fulfilment of a commitment arising from a Council Regulation
5.  Calculation method :
    CN code:                                 ex 08010 10 90
    Volume of quota in tonnes-                1 200 T
    Duty to be applied:                      0%
    CN dut ies:                               14%
Average estimated price in £CU7t:            2 482
6   Loss .&Lxoy,ttnuft
    The total loss of revenue from fresh strawberries for the quota
    period 1993/1994, will be ECU 416 976.
    The application of the other provisions of this Regulation gives
    rise to no further     loss of revenue.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 491 final
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