CELEX: 51983PC0609
Language: en
Date: 1983-10-17
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet cherries, marinated in alcohol and intended for the manufacture of chocolate products, falling within subheading ex 20.06 B I e) 2 bb) of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 609
Vol. 1983/0226
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                         C O M ( 83 ) 6 0 9 f i n a l
                                                                         B r u s s e l s , 17 O c t o b e r 1983
                                                                  Draft
                                                      COUNCIL REGULATION              (EEC)
                 o p e n i n g , a l l o c a t i n g an d p r o v i d i n g for the a d m i n i s t r a t i o n of a
           C o m m u n i t y t a r i f f q u o t a f o r s w e e t c h e r r i e s , m a r i n a t e d in a l c o h o l a n d
            i n t e n d e d for the m a n u f a c t u r e of c h o c o l a t e p r o d u c t s , f a l l i n g w i t h i n
                 s u b h e a d i n g ex 2 0 . 0 6 B I e) 2 bb ) o f t h e C o m m o n C u s t o m s T a r i f f
                                   ( s u b m i t t e d to the C o u n c i l by the C o m m i s s i o n )
   C O M ( 83 ) 6 0 9 f i n a l
 ---pagebreak---                                              EXPLANATO RY         M EM ORANDUM
1. F o l l o w i n g a r e q u e s t b y t h e G e r m a n F e d e r a l R e p u b l i c , t h e C o m m i s s i o n h a s
   e x a m i n e d the q u e s t i o n of op en ing , on an a u t o n o m o u s basis and for the
   p e r i o d 1 J u l y 1982 to 30 Ju ne 1983, a C o m m u n i t y tari ff quota for cherries
   o f s m a l l d i a m e t e r m a r i n a t e d in a l c o h o l , i n t e n d e d f o r t h e m a n u f a c t u r e
   of c h o c ola te s.          T h i s q u e s t i o n has b e e n r a i s e d in t h e E c o n o m i c Q u e s t i o n s
   Gr ou p, on several occasions.
   During these discussions,                       it b e c a m e a p p a r e n t t h a t   :
   a) t h e r e e x i s t s a c e r t a i n l e v e l o f p r o d u c t i o n o f s u c h c h e r r i e s i n t h e
         C o m m uni ty , the vo lu me of wh ic h cannot c u r r e n t l y be a s c e r t a i n e d ,
         h o w e v e r , on a c c o u n t of the s e a s o n a l n a t u r e of t h e h a r v e s t , t h e u n ­
         c e r t a i n t y o f c l i m a t i c c o n d i t i o n s at t h e t i m e t h e f r u i t is f o r m i n g ,
         and the special characteristics relating to cherries within the
         requirements             laid d o wn (small diameter,                   small stone,      clear flesh,
         sweet, hard and not c o m p l e t e l y ripe);
   b) t h e c o n t a c t s m a d e b e t w e e n p r o d u c e r s a n d c o n s u m e r s d u r i n g t h e f i r s t
         m o n t h s h a v e c o v e r e d o n l y p a r t of t h e u s e r i n d u s t r i e s w h o s e r e g u l a r
         s u p p l i e s still de pe n d , to a s i g n i f i c a n t de gr e e , on i m p o r t a t i o n s from
         t h i r d c o u n t r i e s , a n d in p a r t i c u l a r f r o m Y u g o s l a v i a ;
   c) e v e n t h o u g h t h e c h e r r i e s a r e i n t e n d e d f o r u s e i n w h a t a r e c a l l e d
         " l u x u r y " p r o d u c t s t h e f i r m f o r w h o m t h e s u s p e n s i o n o f d u t i e s is
         requested,          is e s t a b l i s h e d in a p o o r e c o n o m y a r e a , w h e r e t h e r e a r e
         ma j o r p r ob lem s on the ma i n t e n a n c e and crea tio n of employment;
   d) u n c e r t a i n t y c o n c e r n i n g t h e p o s s i b i l i t y o f s u p p l i e s b y C o m m u n i t y
         p r o d u c e r s a n d c o n c e r n i n g th e a c t u a l r e q u i r e m e n t s of t h e u s e r
         industr ie s, toge the r with the econ omi c j u s t i f i c a t i o n s put forward,
         led the C o u n c i l to o p e n t a r i f f q u o t a s            limited each time to a period
         o f s i x m o n t h s , w i t h a r e d u c e d r a t e o f d u t y (1 0 %) a n d f o r a m o d e s t
         q u a n t i t y (1500 t o nn es) , capable of e n s u r i n g the p a r a l l e l d e v e l o p m e n t
         of C o m m u n i t y o u t p u t a n d th e s u p p l y i n g of u s e r i n d u s t r i e s u n d e r
         favourable conditions.
2. T h e p r o b l e m o f o p e n i n g s u c h a q u o t a f o r t h e f i r s t h a l f o f 1 9 8 4 w a s
   e x a m i n e d d u r i n g a m e e t i n g of the E c o n o m i c T a r i f f Q u e s t i o n s G r o u p on
   13 S e p t e m b e r 1 9 8 3 .       The co nclusion re ached was that, t a k i n g into account
   th e sm al l a m o u n t of e x p e r i e n c e a c q u i r e d s i n c e t h e o p e n i n g of t h i s q u o t a
   o n 1 J u l y 1 9 8 2 , it w a s i m p o s s i b l e t o d e c i p h e r t h e t r e n d o f d e v e l o p m e n t s
   or to p r o v i d e m o r e p r e c i s e e c o n o m i c data.
 ---pagebreak---                                                     -2 -
It w a s t h e r e f o r e a g r e e d t o r e n e w t h e t a r i f f m e a s u r e f o r t h e f i r s t h a l f
of 1984 under the same co nd i t i o n s , and to r e - e x a m i n e the q u e s t i o n in the
spring with a view to a new tariff measure which would enter into force
on 1 J u l y 1984.
 ---pagebreak---                                                      Draft of a
                                        COUNCIL REGULATION (EEC) No
                                                        of
                     opening, allocating and providing for the administration of a Community tariff
                     quota for sweet                 cherries, marinated in alcohol and intended for the
                     manufacture of chocolate products, falling within subheading ex 20.06 B I e) 2
                                             bb) of the Common Customs Tariff
     THE COUNCIL OF THE EUROPEAN                                    based on an allocation among Member States would
      COMMUNITIES,                                                  seem to be consistent with the Community nature of
                                                                    the quota ; whereas, to correspond as closely as
                                                                    possible to the actual trend in the market on the
      Having regard to the Treaty establishing the European         product in question, allocation of the quota should be
      Economic Community, and in particular Article 28              in proportion to the requirements of the Member
                                                                    States as calculated by reference to statistics of imports
      thereof,
                                                                    from third countries during a representative reference
                                                                    period and to the economic outlook for the quota
                                                                     period in question ;
      Having regard to the draft Regulation submitted by
      the Commission,
                                                                     Whereas, however, since the quota is an autonomous
      Whereas the production of sweet                                Community tariff quota intended to cover import
      cherries, marinated in alcohol and intended for the            needs arising in the Community, the quota volume
       manufacture of chocolate products, is currently insuffi­      may be allocated on the basis of the estimated tempo­
       cient in the Community to meet the requirements of            rary import needs from third countries of each of the
       the user industries in the Community ; whereas, conse­        Member States ; whereas these arrangements for alloca­
       quently, Community supplies of products of this type          tion will also ensure the uniform application of the
       depend to a considerable extent on imports from third       ' Common Customs Tariff ;
       countries ; whereas it is in the Community s interest to
       partially suspend the Common Customs Tariff duty
       for the products in question, within a Community              Whereas, to take account of possible import trends for
       tariff quota of an appropriate volume; whereas, in            the product concerned, the quota volume should be
       order not to bring into question the development              divided into two tranches, the first being allocated
       prospects of this production in the Community while            between certain Member States and the second held as
       ensuring an adequate supply to satisfy user industries,        a reserve to meet subsequent requirements of Member
        it is advisable to limit the benefits of tariff quotas        States which have used up their initial shares ; whereas,
        solely to products which meet certain criteria as to          to give importers of the Member States some degree of
        presentation and use, to open the quota for the period        certainty, the first tranche of the tariff quota should be
1 J a n u a r y t o 31 Ju n e 198A^nd to fix the volume of            fixed at a relatively high level, which in this case could
        this quota at a level of 1 500 tonnes, corresponding to       be 1 350 tonnes ;
        the needs for imports from third countries during that
        period, and to fix the quota duty at 10 % ;
                                                                      Whereas the initial shares of the Member States may
        Whereas equal and continuous access to the quota              be used up at different rates ; whereas, to avoid disrup­
        should be ensured for all Community importers and              tion of supplies on this account, any Member State
        the rate of duty for the tariff quota should be applied       which has almost entirely used up its initial share
         consistently to all imports until the quota is                should draw an additional share from the reserve ;
         exhausted; whereas, in the light of these principles,         whereas, each time its additional share is almost en­
         arrangements for the utilization of the tariff quota          tirely used up, a Member State should draw a further
 ---pagebreak---                                                           - 2 -
  share, and so on as many times as the reserve allows ;                                                    (tonnes)
  whereas the initial and additional shares should be                     Benelux                                 5
  valid until the end of the quota period ; whereas this                  Denmark                                 5
  form of administration requires close collaboration                     Germany                            1 080
  between the Member States and the Commission,                           Greece                                 80
  which latter must be in a position to keep account of                   France                                  1
  the extent to which the quota has been used up and to                   Ireland                                 5
  inform the Member States accordingly ;                                  Italy                                169
                                                                          United Kingdom                          5
  Whereas, if at a given date in the quota period a consi­
  derable quantity of a Member State’s initial share
  remains unused, it is essential that that Member State         2.     The second tranche of 150 tonnes shall consti­
  should return a significant proportion to the reserve, in      tute the reserve.
  order to prevent a part of the Community quota
  remaining unused in one Member State while it could
  be used in others ;                                                                     Article 3
                                                                 1.     If a Member State has used 90 % or more of its
 Whereas, since the Kingdom of Belgium, the                      initial share as fixed in Article 2(1), or of that share
  Kingdom of the Netherlands and the Grand Duchy of              minus any portion returned to the reserve pursuant to
  Luxembourg are united within and jointly represented           Article 5, it shall forthwith, by notifying the Commis­
  by the Benelux Economic Union, any measure concer­             sion, draw a second share, to the extent that the
 ning the administration of the shares allocated to that         reserve so permits, equal to 10 % of its initial share
 economic union may be carried out by any one of its             rounded up as necessary to the next whole number.
 members,
                                                                 2.    If a Member State, after exhausting its initial
                                                                 share, has used 90 % or more of the second share
                                                                 drawn by it, that Member State shall forthwith, in the
                                                                 manner and to the extent provided in paragraph 1,
 HAS ADOPTED THIS REGULATION :                                   draw a third share equal to 5 % of its initial share
                                                                 rounded up as necessary to the next whole number.
                                                                3.     If a Member State, after exhausting its second
                           Article 1                            share, has used 90 % or more of the third share drawn
                                                                by it, that Member State shall forthwith, in the manner
                                                                and to the extent provided in paragraph 1, draw a
 1.    From 1 January to 30 Junel98 ^the Common                 fourth share equal to the third.
 Customs Tariff duty on sweet                     cherries,
 marinated in alcohol, of a diameter not exceeding 18,9         This process shall apply until the reserve is used up.
 mm, stoned, intended for the manufacture of choco­
 late products ('), falling within subheading ex 20.06 B I      4.     By way of derogation from paragraphs 1, 2 and 3,
 e) 2 bb), shall be suspended at a level of 10 % within         a Member State may draw shares lower than those
 the framework of a Community tariff quota of 1 500             specified in those paragraphs if there are grounds for
 tonnes.                                                        believing that those specified may not be used in full.
                                                                Any Member State applying this paragraph shall
2. Within the limits of the tariff quota, Greece shall          inform the Commission of its grounds for so doing.
 apply customs duties calculated in accordance with the
 relevant provisions in the 1979 Act of Accession.
                                                                                          Article 4
                                                                Additional shares drawn pursuant to Article 3 shall be
                           Article 2                            valid until 30 June 19S4.
 1.    A first tranche of 1 350 tonnes of this Commu­                                     Article 5
nity tariff quota shall be allocated among certain
Member States; the shares which, subject to Article 5,          Member States shall, not later than 15 May
shall be valid until 30 June            198 4 shall be as       1984 return to the reserve the unused portion of their
follows :                                                       initial share which, on 1 May 1984,            is in excess
                                                                of 20 % of the initial volume. They may return a
(') Checks on their prescribed end-use shall be carried out     greater portion if there are grounds for believing that it
    pursuant to the relevant Community provisions.              may not be used in full.
 ---pagebreak---                                                           -3 -
Member States shall, not later than 15 May 1984                2. Member States shall take all appropriate measures
     ., notify the Commission of the total quantities of       to ensure that the products listed in paragraph 1 of
the products in question imported up to 1 fJJay 1984           Article 1 benefiting from the tariff quota in question
        and charged against the Community quota and            are put to the prescribed end-use.
of any portion of their initial shares returned to the
                                                               3.    Member States shall ensure that importers of the
reserve.
                                                               product in question have free access to the shares
                                                               allotted to them.
                         Article 6
                                                               4.    Member States shall charge imports of the
The Commission shall keep an account of the shares             product in question against their shares as the product
opened by the Member States pursuant to Articles 2             is entered with the customs authorities for free circula­
and 3 and shall, as soon as the notifications reach it,        tion.
inform each Member State of the extent to which the            5. The extent to which Member States have used up
reserve has been used up.                                      their shares shall be determined on the basis - of
It shall, not later than 20 May 1984           inform the      imports charged against them under the conditions set
Member States of the amounts still in the reserve              out in paragraph 4.
following any return of shares pursuant to Article 5.
                                                                                        Article 8
 It shall ensure that the drawing which exhausts the
 reserve does not exceed the balance available, and to         At the Commission’s request, the Member States shall
 this end shall notify the amount of that balance to the        inform it of imports actually charged against their
 Member State making the last drawing.                          shares.
                                                                                        Article 9
                         Article 7
                                                                Member States and the Commission shall cooperate
 1.     Member States shall take all appropriate measures       closely to ensure that this Regulation is complied with.
 to ensure that additional shares drawn pursuant to
 Article 3 are opened in such a way that imports may                                   Article 10
 be charged without interruption against their aggregate
 shares of the Community tariff quota.                          This Regulation shall enter into force on 1 January 1984.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                D one at Brussels,
                                                                            For the Council
                                                                             The President