CELEX: 51989PC0279
Language: en
Date: 1989-06-13
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR CHINESE CABBAGES AND " ICEBERG " LETTUCE, ORIGINATING IN MOROCCO AND CYPRUS ( 1989 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0M(89) 279 final
                                                  Brussels,   13 June 1989
                          Proposal for a
   opening and providing for the administration of Community tariff
    quotas for Chinese cabbages and "iceberg" lettuce/ originating
                     in Morocco and Cyprus (1989)
                    (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1. Th e             protocols to the             Agreements between the EEC,
    on the one hand, and Morocco and Cyprus on the other, provide for the
    opening of annual Conniunity tariff quotas for imports into the
    Conrounity from each of these countries of respectively 100 tonnes of
    "iceberg lettuce" and 100 tonnes Chinese cabbages, originating in
    those countries.
    Whereas, pursuant to Article 18 of the Protocol in question/ these
    quantities are subject to an annual increase of 5% from the entry
    into force of the Protocol, and the quotas in 1989 will accordingly
    be 110 tonnes/ respectively.
 2.  The purpose of this proposal is to open the quotas in question for the
     period 1 November to 31 December 1989.
 3. In the context of the tariff quotas opened for Morocco, customs duties •
     are to be abolished progressively over the same periods and in
     accordance with the same timetables as laid down in Articles 75 and 268
     of the Act of Accession.
     In the context of the tariff quotas opened for Cyprus, customs duties
     are to be abolished progressively according to tne same timetables and
     under the same conditions as laid down in Articles 5 and 16 of the
     Protocol relative thereto.
     Hbwever, Council Regulation {EEC) No     3189 /88 laying down trade
     arrangements between Spain and Portugal on the one hand and Morocco on
     the other as well as the Protocol to the Cooperation Agreement between
     the EEC and Cyprus consequent on the accession of Spain and Portugal,
     provide that those Member States are to postpone the application of the
     preferential arrangements for the products in question until
                    and 31 December 1990 respectively.  The above tariff
     quotas therefore apply only to the Community as constituted on 31
     December 1985.
                                                                             z
 ---pagebreak---                                       - 2 -
      These Conraunity tariff quotas should therefore be opened for the period
      1 November to 31 December 1989.
A:                                                       In this case,  it
   is proposed that the whole of the quota volumes be held as Conraunity
   reserves to which all Member States will have access in accordance with
   the procedure provided for in Article 3     of tfce proposal for a
   Regulation.
   This is the purpose of the attached proposal
 ---pagebreak---                                                   Proposal for a
                                    COUNCIL REGULATION (EEC) No                   /
                                                   of
                  opening and providing for the administrtion of Community tariff quotas for
                  Chinese cabbages and 'iceberg' lettuce originating in Morocco and Cyprus (1 989)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                              Community (*) provide that those two Member States are
                                                              to postpone implementation of the preferential
                                                              arrangements for the products in question until 31
 Having regard to the Treaty establishing the European        December 1989 and 31 December 1990 respectively;
 Community, and in particular Article 113 thereof,            whereas, consequently, the above tariff quotas apply only
                                                              to the Community as constituted on 31 December 1985 ;
 Having regard to the proposal from the Commission,
                                                              Whereas these Community tariff quotas should therefore
                                                              be opened for the period 1 November to 31 December
                                                              1969;
 Whereas the relevant articles of the Protocols to the
 Agreements between the European Community, on the
 one hand, and Morocco (') and Cyprus (a) on the other,       Whereas it is in particular necessary to ensure that all
 provide for the opening of Community tariff quotas for       Community importers enjoy equal and uninterrupted
 imports into the Community of the following products         access to the abovementioned quotas and uninterrupted
 originating in each of those countries :                     application of the rates laid down for those quotas to all
                                                              imports of the products concerned into all Member States
                                                              until the quotas have been used up; whereas, in the
 — 100 tonnes Chinese cabbages, falling within CN code        present case, it would appear advisable not to allocate the
     ex 0704 90 90,                                           quotas among the Member States, without prejudice to
                                                              the drawing against the quota volumes of such quantities
 — 100 tonnes of 'iceberg* lettuce falling within CN codes    as they may need, under the conditions and according to
     c* 0705 11 10 and ex 0705 11 90,                         the procedures specified in Article 3       ; whereas this
                                                              method of administration requires close* cooperation
                                                              between the Member States and the Commission and the
 for the period 1 November to 31 December 1989;               latter must, in particular, be able to monitor the raté at
                                                              which the quotas are used up and inform the Member
                                                              States accordingly ;
Whereas, pursuant to Article 18 of the Protocol
                                                              Whereas, since the Kingdom of Belgium, the Kingdom of
in question, these quantities are subject to an
                                                               the Netherlands and the Grand-Duchy of Luxembourg
annual increase of 5X from the entry into force                are united within and jointly represented by the Benelux
of the Protocol, and the quotas in 1969 will                   Economic Union, all transactions1 concerning the
accordingly be 110 tomes respectively;                         administration of drawings made by          that economic
                                                               union may be carried out by any of its members,
 Whereas, within the limits of Community tariff quotas
 opened for Morocco, the customs duties are to be
  abolished progressively over the same periods and in
  accordance with the same timetables as laid down in
  Articles 75 and 268 of the Act of Accession of Spain and
  Portugal ; whereas for the period 1 November to 31
  December 1969 the quota duties are to be equal to
63,6 % and 60 */• respectively of the basic duties ;
 whereas, within the limits of the Community tariff quotas
  opened for Cyprus, the customs duties are to be abolished
  progressively according to the same timetables and under
  the same conditions as laid down in Articles 5 and 16 of     HAS ADOPTED THIS REGULATION
  the Protocol relative thereto;
 Whereas, however Council Regulation (EEC) No 3189/88                                   Article 1
  of 14 October 1988 laying down the arrangements to be
  applied by Spain and Portugal to trade with Morocco and
  Syria (*), and the Protocol to the Association Agreement     1. From 1 November to 31 December 1969 , the
  between the European Economic Community and the              customs duties applicable to imports into the Community
 Republic of Cyprus consequent on the accession of the         as constituted on 31 December 1985 of the following
 Kingdom of Spain and the Portuguese Republic to the           products originating in Morocco and Cyprus shall be
                                                               suspended at the levels indicated and within the limits of
                                                               the Community tariff quotas as shown below :
 (<) OJ No L 224, 13. 8. 1988, p. 18.
 f) OJ No L 393, 31. 12. 1987, p. 2.
 O OJ No L 287, 20. 10. 1988, p. 1.                            (*) OJ No L 393, 31. 12. 1987, p. 37.
                                                                                                                      <1
 ---pagebreak---                                                        -2 -
                                                                       Volume of             Rate of duty
Order No    CN code                     Description             Origin tariff quota              (%)
                                                                       (in tonnes)
         ex 0704 90 90 Chinese cabbages
09.1109                                                        Morocco       100        9,5
 09.1425                                                       Cyprus      110        12,3-
         ex 0705 11 10 Crisp head cabbage lettuce (Lactuca
         ex 0705 11 90 sativa L. var. capitata (Iceberg))
 09.1111                                                       Morocco       100     from 1 to 30 November
                                                                                        9 % MIN l £ BCU/100
                                                                                     kg/net
                                                                                     from 1 tc 31 December
                                                                                    7 , 8 % MIN 0 , 9 BCU/100
                                                                                     kg/net                   ,
 09.1427                                                       Cyprus     110        from 1 to 30 November
                                                                                    1 2 , 3 % MIN 2JD ECU/100
                                                                                     kg/net
                                                                                     Rom 1 to 31 Decanbef
                                                                                    10,6 % MIN 1.3 BCU/100
                                                                                     kg/net
                                                     Article 2
            The tariff quotas referred to in Article 1 shall be managed by the
            Commission, which may take all appropriate administrative measures
            in order to ensure effective administration thereof.
                                                    Article "3
           If an importer presents in a Member State a declaration of entry
           into free circulation, including a request for preferential benefit
           for a prockjet covered by this Regulation and if this declaration is
           accepted by the customs authorities, the Member States concerned
           shall inform the Comission and draw an amount corresponding to its
           requirements from corresponding quota amount.
                                   r
                                    the
           The drawing requests, with indication of the date of acceptance of
           the said declarations, must be transmitted to the Commission without
           delay.
           The drawings are granted by the Commission by reference to the date
           of acceptance of the declarations of entry into free circulation
           by the customs authorities of the Member States concerned to tfie
           extent that the available balance so permits.
           If a Member State does not use the quantities drawn, it shall return
           them as soon as possible to the corresponding quota amount.
           If the quantities requested are greater than the available balance
           of the quota amount, allocation shall be made on a pro rata basis
           with respect to the requests. Member States shall be informed by
           the Commission of the drawings made.
 ---pagebreak---                                          - 3-
                                 Article 4
1.     Member States shall take all appropriate measures to ensure that
       their drawings pursuant to Article 3 enable imports to be charged
       without interruption against the
       Community quotas.
2.     Each Member State shall ensure that importers of the products •
       concerned have free access to the quotas for such time as the
       residual balance of the quota volumes so permits.
3.     Member States shall charge imports of the said goods against their
       drawings as and when the goods are entered with the customs
       authorities for free circulation.
4.     The extent to which the quotas have been used up shall be de-
        termined on the basis cf the imports charged in accordance with
       paragraph 3.
                                  Article S
 The Member States and the Commission shall cooperate closely to ensure
 that this Regulation is complied with.
                                  Article 6
 This Regulation shall enter into force on 1tovember   1989.
 This Regulation shall be binding in i t s entirety and directly
 applicable in a l l Member States.
 Done at Brussels,
                                                For the Council
                                                 The President
                                                                          e
 ---pagebreak---    I.    Ligna budge»»*™ "r&mèm J Chap. 12 « t . 120
   2
    *    Baa» toidigue t art. 113 ds trait*
   3.    Intitulé da la naaura tarlfaira t Prcpoeition da règlement du
         Coneeil portant ouverture atoned* da gestion de contingents tarifaires
         oooiDunautaice da choux de Chine et dee salades "iceberg", originaires
         du Maroc et de Chypre (1.11-31.12.1989).
   4.         :*..£ • ^^-"Mtlxxi d'une obligation contractualle (Jtooorda
   5.    Hode de calcul :                                     HtfPC    CTMPRB
                de Chine 1
                                  t ex 0704 90 90
         felune du
         csRtineent               1                             100       110
          croit à appliquer       t                              o,5 %    12,3%
          Droit du T.D.C.         1                             15 i     15 %
         Prix 0                   t 525 BCO/t                 •
                                                        - 2.688 ECU     1.559 ECU
      b) ffa1*4tf "iceberg" t
          Codée tf! "             : ex 0705 11 10 et ex 0705 11 90
                                                              MAROC      CHV»RE
         Volume du c o n t i n g e n t :                        100          110
         droits 4 appliquer:
         - du 1.11 au 30.11.1                                    9*         12,3X
                                                     MIN 1,5 ECU/        MIN 2,0 ECU/
                                                       100 kg/br            100 kg/br
         - du 1.12. au 3 1 . 1 2 . :                             7,8%       10,6X
                                                     MIN 0,9ECU/         MXN 1,3 ECU/
                                                       100 kg/br            100 kg/br
         Droits du T.D.C.:
         - du 1 . 1 1 . au 30.11.8                            15X
                                                     MIN 2 , 5 ECU/100 kg/br
         - du 1.12. au 3 1 . 1 2 . ;                                         13X
                                                                         MIN 1,6 ECU/100 kg/br
         M x ^ i                         920 ECU/t
                                                        5.152 ECU          2.580 ECU
on
                                                                                       1-
 ---pagebreak---    6. Perte de reoettee t
      tour 1989, una perte de reoetta. da 4 447 aTU pour lee choux de Chine
      et de 7 732 ECU pour lee salade, "iceberg11 est * inscrive.
                 •• .-. :-r*--:t -s recette    respîctives s'élevaient respectivement
       5"c?43 «t 4 839 ECU.
       Chu* da Chin»         0701 t*27 -        ?4J6}flf°     «    525 ECT/t
                                                               98 051 000 +101 671 000
       Salades "1eak»arg" 0701 ex31 (1.4.-31.11.)          -       il» 723 + 37 8 »
                                     ex3** <1.12.«»31.5.)
                                                                199 722 000 _ 920
                                                                                0 - n ECU/t
                                                                                       - cu/t
                                                                  y y 6B9    "
00
 ---pagebreak---                                        LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec des engagements contractuels de
La Communauté. L'impact découlant de cette concession a été pris en considération
Lors de La prise de décision d'adoption de ces contingents et il n'aura pas un
caractère sérieux sur la compétitivité et l'emploi dans la Communauté.
                                                                                  3
 ---pagebreak--- Commission of the European Communities
COM(89) 279 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of Community tariff quotas
for Chinese cabbage and 'iceberg' lettuce, originating in Morocco and
Cyprus (1989)
(submitted to the Council by the Commission)
 13.6.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 9 pp. — Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-50974-0
Catalogue number: CB-CO-89-251-EN-C
 ---pagebreak---                                              ISSN 0254-1475
 COM(89) 279 final
 DOCUMENTS
 Proposal for a
 COUNCIL REGULATION (EEC)
opening and providing for the administration of
 Community tariff quotas for Chinese cabbage
and 'iceberg' lettuce, originating in Morocco and
Cyprus (1989)
(submitted to the Council by the Commission)
 11     02                                 13.6.1989
Catalogue number: CB-CO-89-251-EN-C
ISBN 92-77-50974-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES