CELEX: 51981PC0481
Language: en
Date: 1981-09-14
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading No 07.01 S of the Common Customs Tariff, originating in Cyprus (1982) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 481
Vol. 1981/0145
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)481 final
                                                Brussels , 14 September 1981
                                          Proposal for a
                                      COUNCIL REGULAIION ( EEC )
             opening , allocating and providing for the administration
                     of a Community tariff quota for sweet peppers
                      falling within subheading No 07.01 S of the
                            Common Customs Tariff , originating in
                                           Cyprus ( 1982 )
                      ( submitted to the Council by the Commission )
                                  - ]
                          ,  /      y
               . , ,   ■ .*
C0M ( 81 ) 481  final
 ---pagebreak---                                                             (krw\ H 1H
                            EXPLANATORY MEMORANDUM
                              I
1 . Article 2 of the Protocol concerning the arrangements to be applied
during -1981 in the framework of the Decision adopted by the Association
Council on 24 November 1980 establishing the process into the second
stage of the Association Agreement between , the European Economic
Community and the Republic of Cyprus , as supplemented by the Protocol of
Adaptation to that Agreement to take account of the accession of the
Hellenic Republic , provides for 1982 for the , opening of an annual Community
tariff quota for . 250 tonnes sweet peppers , falling under subheading
07.01 S of the CCT , originating in Cyprus , at a duty rate of 4.5% „
This Protocol also lays down that the contracting parties shall enter into
negotiations early in 1981 for the purpose of establishing the trade
arrangements to be applied in 1982 and 1983 .
Pending the conclusion of these negotiations and the entry in*o force of       »
the trade arrangements to be applied in 1982 , it is important to extend the
validity of the arrangements laid down in the abovementioned Protocol .
In consequence , it is advisable to open the, Community tariff quota
described above for the period from 1 January to 31 December 1982 .
2 ., This Regulation provides for the splitting up of the quota volume into
two parts , of which the first will be allocated among the Member States
as quota share and the second will be kept as a reserve .
In the absence of Community statistics , for a period sufficiently
representative, the initial quota sharesv have been calculated on the
basis of the possible demand, on the markets of the various Member States
and on the basis of forecasts made by some of them .
3 . As the method of administration to be applied by all Member States ,
the Commission proposes the " greyhound " system .
4 . This is the subject of the proposal annexed hereto .
5 . The tariff quota in question is still likely to be modified in the
                                                    %  •. l
 light of the results of the current negotiations . Until these results are
available , the Regulation proposed will be th# instrument w^ch will make
it possible to fulfil the commitment entered into by the Community .
The Commission thus reserves the right to amend its proposal while it i°s
still going through channels in order to adapt it , if necessary, to the
new arrangements . •
 ---pagebreak---                                             Proposal for a
                                       COUNCIL REGULATION (EEC)
                         *
                 opening, allocating and providing for the administration of a Community tariff quote for
                 sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and
                                              . originating in Cyprus ( 1982 )
  THE COUNCIL OF THE EUROPEAN                                 Whereas , pending the establishment
  COMMUNITIES,                                                of such arrangements it is
                                                              advisable to extend provisionally
  Having regard to the Treaty establishing/ the for 1982 the period of va I idi ty of the
  European Economic Community, and in particular arranQ^rocntS applicable in 1981 ,
  Article 1 1 3 thereof,                                                          '
                                                              Whereas the abovementioned
                                   , .    .  „                Community tartff quota should be
  Having regard to the proposal from the Comm.ss.on, opened fof the period from
                          ^                                   1 January to 31 December 1982 ;
 Whereas Article 2 of the Protocol
 concerning the arrangements to be
 applied during 1981 in the framework
 of the Decision adopted by the Associ -                                                                  '
 ation Council on 24 November 1980
 establishing the process into the                          ,
 second stage of the Association Agree­
 ment between the European Economic
 Community and the Republic of Cyprus(1 )>
 as supplemented by the Protocol ( 2 )                          j
adapting that Agreement to take                                      ^
 account of the accession of the
 Hellenic Republic                  provides for
 1981 for the opening of an annual
 Community tariff quota of 250 tonnes
 of sweet peppers , falling within sub­
 heading 07.01 S of the Common Customs
 Tariff and originating in Cyprus ,
 at a rate of customs duty equal to
 50% of the customs duty in the Common
 Customs Tariff ; whereas this Protocol
 also lays down that the contracting
 parties shall enter into negotiations
 early in 1981 for the purpose of
 establishing the trade arrangements
 to be applied in 1982 and 1983 ;
 ( 1 ) 0J No . L
 ( 2 ) 0J No . L
 ---pagebreak---                                                      -2
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access         Whereas, in order to take into account import trends
to the abovementioned quota and uninterrupted              for the products concerned in the various Member
application of the rate laid down for that quota to all  I States, the quota amo-int should be divided into two
imports of the products concerned into all Member        I instalments, the first being shared among the Member
States until the quota has been used up ; whereas,         States and the second constituting a reserve to cover
having regard to the above principles, the Community       at a later date the requirements ot the Member States
nature of the quota can be respected by allocating the     which    have used up their initial quota shares ;,
Community tariff quota among the Member States;            whereas,   in order to give importers in e?xh Member
whereas, in order to reflect as accurately as possible     State a certain degree of security, the first instalment
the true trend of the market in the products in            of the Community quota should under the circum­
question, such allocation shouid be- in proportion to '• stances be fixed at 75 % of the quota volume ;
                                                           Whereas the Member States' initial shares may bt
 the requirements of the Member States, calculated by       uSed up at different times ; whereas, in order to take
 reference to the statistics for imports from Cyprus        this fact into account and p.void any break in
 over a representative reference period and also to the     continuity, any Member State which has almost usci
 economic outlook for the quota period in question ;        up its initial quota share should draw an additional
                                                            share from the reserve ; whereas this must be done by
                                                            each Member State as and when each of Its addition -1
                                                        r shares is almost used up, and repeated as many tirrtes
 Whereas, however, neither Community nor national           as -the reserve allows ; whe-eas the        initial and
 statistics for the products in question are available      additional shares must be valid unti ! the end of the
 and no reliable estimates of future imports can be         quota period ; whereas this method of administration
 made ; whereas, in these circumstances, the quota          requires close cooperation between the Member
 volume should be allocated in initial shares, to take      States and the Commission, and the latter must be in
 into account demand for these products on the              a position to monitor the extent to which the quota
 markets of the various Member States :
                                                            volumes have been used up and to inform the
                                                        r Member States thereof;
                                                             Whereas if, at a given date in the quota period, a
                                                           'Substantial quantity remains unused in any Member
 ---pagebreak---                                                       -3 -
 State , it is essential that thai Member State should                                  Articlé 3
 return a significant proportion to the reserve to
prevent a part of any tariff quota from remaining            1.     If 90 % or more of a Member Stale 's initial
 unused in one Member State when it could be used in         share as specified in Article 2 (2 ), or 90 % of that
others ;                                                     share minus the portion returned to the
                                                             corresponding reserve where Article 5 has been
Whereas, since the Kingdom of Belgium, the                   applied , has been used up, then , to the extent
Kingdom of the Netherlands and the Grand Duchy               permitted by the amount of the reserve , that Member
of Luxembourg are united within and jointly                  State shall forthwith , by notifying the Commission ,
represented by the Benelux Economic Union, any               draw a second share equal to 15 % of its initial share,
operation relating to the administration of the quota        rounded up where necessary to the next unit.
shares allocated - to that economic union may be
carried out by any of its members,
                                                             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
HAS ADOPTED THIS REGULATION :                                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.
                          Article 1
From ! January to 31 December 1982 the Common                3.     If, after its second share has been used up, 90 °/o
Customs Tariff duty for sweet peppers, falling within        or more of the third share drawn by a Member State
subheading 07.01 S of the Common Customs Tariff              has been used up, that Member State shalL> in
and originating in Cyprus; shall be partially                accordance       with   the   conditions  laid dov/n    in
suspended at 4-5% within the limits of the               j paragraph 1 , draw a fourth share equal to the third.
Community tariff quota of 250 tonnes.
                                                             This process shall continue until the reserve is used
Within the limits of the tariff quota,', Greece shall •      up .
apply customs duties calculated in accordance with
the relevant provisions in the 1979 Act of Accession         4. By way of derogation from paragraphs 1 , 2 and
and the Protocol of Adaptation.                            ■ 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
                              Article 2                      the Commission of its reasons for applying this
                                                             paragraph.                                               •
 1.    The Community tariff quota referred to in
Article 1 shall be divided into two instalments .
                            \
                                                                                        Article 4
 2. A first instalment amounting to 185 tonnes shall
be allocated among the Member States ; the respective        Each of the additional shares drawn pursuant to
shares, which subject to Article 5 shall be' valid until     Article 3 shall be valid until 31 December 1982 .
 31 December 1982 shall be as follows :
                                           . (tonnes)
         Bénélux      - '                      #7                                       Article 5
         Denmark                                7
         Germany                               15            The Member States shall return to the reserve , not
         Greece               «                   1          later than 1 October 1982 such unused portion of
         France                          '       1           their initial share as, on 15 Septemberl 982 's 'n
                                                             excess of 20 % of the initial volume. They may return
         Ireland                                 7           £ larger quantity if there are grounds for believing
         Italy .                                  1          that this quantity may not be used .
         United Kingdom                       146
                                                             The Member States shall notify the Commission, not
 3.    The second instalment, amounting to 65 tonnes,        later than 1 October 1982 of the total quantities of
shall constitute the reserve .
                                   V   '
                                                             the products in question imported up to 1 5 September
 ---pagebreak---                                                    \
1982and charged against the tariff quota and of any         territory have free access to the shares allocated to
quantity of the initial shares returned to the reserve.     them .            r
                         Article 6                          3.     The Member States shall charge the imports of
                                                            the products concerned against their shares as and
                                                            when the products are entered with customs
The Commission shall keep an account of the shares          authorities for free circulation .
opened by the Member States pursuant to Articles 2
and 3 and , as soon as it is notified, shall inform each    4. The extent to which a Member State has used
State of the extent to which the reserve has been used
                                                            up it? share shall be determined on the basis of tho
up.
                                                            imports charged in accordance with paragraph 3.
It shall inform the Member States, not later than
5 October 1982 of the amouCit in the reserve after
quantities have been returned thereto pursuant to                                     Article 8
Article 5 .                                 '•                   • i                 •
                                                            At the Commission's request, the Member States shall
It shall ensure that the drawing which exhausts any         inform it of imports actually charged against their
reserve does not exceed the balance available and, to       shares.
this end, notify the amount of that balance to the
Member State making the last drawing.
                                                                            ,        Article 9
                         Article 7
                                                            The Member States and the Commission shall
1.    The Member States shall take all measures             cooperate closely to ensure; that this Regulation is
necessary to ensure that additional ' shares drawn          complied with.
pursuant to Article 3 are opened in such a way that                                         ,
imports may be charged without interruption against ■ ■                                                           .
their accumulated shares of the tariff quota.                         J         '    Article 10
                                                                j [:'
2.    The Member States snail ensure that importers         This Regulation shall enter into force on 1 January
of the products in question established in their              1982
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels.
                                    r                                             V
                                                                                    For the Council
                                            jy.-y           "      y ,-.;            The President