CELEX: 51986PC0174
Language: en
Date: 1986-04-15
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for frozen peas, falling within subheading 07.02 B of the Common Customs Tariff, originating in Sweden (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 174
Vol. 1986/0065
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             C0M(86) 174 f i n a l
                                                             B ru ss e ls , 15 April 1986
                                       Proposal for a
                               COUNCIL REGULATION (EEC)
   opening, a l l o c a t i n g and providing for the administration of a
        Community t a r i f f quota fo r frozen pe as , f a l l i n g within
           subheading 07.02 B of the Common Customs T a r i f f ,
                                o r ig in a t in g in Sweden
C0MÎ86) 174 f i n a l
 ---pagebreak---                                Explanatory memorandum
1.    Council Regulation     (EEC) No  ........ /86  laying down the trade
      arrangements in particular with Sweden for certain agricultural
      products as a result of Spain's and Portugal's admission to the
      Community    (1) provides for the opening of a Community tariff quota
      starting 1st March     1986 for frozen peas falling within subheading ex
      07.02 B of the Common Customs tariff and originating in Sweden,
      4 500 tonnes of which are reserved for Spain.          The rate of duty to
      be applied under this tariff quota is reduced to 4.5 ?o in Spain and
      to 6   % in the other Member States.
2.    The present proposal aims at      implementing this tariff quota for the
      period 1st March to 31 December 1986.         As there does not exist a
      "prorata temporis" clause,      the annual quota-volume is to be opened
      for the aforesaid period.
3.    The Commission's proposal for this product         is mainly based on those
      u s ually put forward in the field of tariff quotas insofar as :
            the quota volume is divided into two parts,       the first consisting
            of a fairly large quantity,     allocated among certain Member
            States, who are regular importers,      and the second being a
            reserve intended to cover any additional needs of these Member
            States,  as well as the needs that could arise in the other
            Member States   ;
            the allocating of initial shares to the Member States is based
            on the provisions of the aforementioned Regulation in the case
            of the reserved Spanish quota-share,      and in the case of the
            other Member States shares it is based on the available
            statistics of past    imports from Sweden over the last 2 years and
            on the anticipated needs of these Member States over the quota
            period.
 (1) 03 No L ··.·<·«,    .......   1986, p.
 ---pagebreak---                                 - 2 -
Community   imports of peas, includinq chick peas,    frcm Sweden have, over the
last 2 years,   evolved as follows       :
                                   1983                  1984
Member State
                                           0              138
Benelux
                                       121                25 4
Denmark
                                  1 365                1 432
Germany
                                       231                   0
Greece
                                           0                 0
F ranee
                                           0                 0
 Ireland
                                  2764                  7 568
 Italy
                                        223                   0
 Portugal
                                           0               647
 United Kingdom
 ““ — —
                                  4 704               i n 039
 On the basis of this   information and the a n t icipated needs of these Member
  States,  one can make the following initial allocation of percentages to
 Member States   :
  Member State
  Benelux
  Denmark                             ^
  Germany
  Greece
   Italy                             7° · ^
  Portugal·
   United Kingdom                     4 *^
 ---pagebreak---                                        Proposal for a
                        COUNCIL REGULATION (EEC) No               /8 6
                                             of
opening, allocating and providing for the administration of a Community tariff guta
for frozen peas, falling within subheading 07.02 B of the Common Customs tariff,
o r iginating in Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,       and in
p articular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an agreement between the European Economic Community and the Kingdom of
Sweden was concluded on 22 July 1972, whereas following Spain's and Portugal's
accession to the Community, a supplementary protocol shall be signed in the near
future; whereas until the entry into force of this protocol, Council's Regulation
(EEC) No ........ /86 of .......... 1986 (1 ) laid down the trade arrangements for
agricultural products with Sweden in particular, on account of these accessions ;
Whereas the aforesaid Regulation (EEC) No       ....... /86 provides for the opening, to
run from 1st March 1986, of a 6 000 tons Community tariff guota at a reduced rate
of duty for frozen peas, originating in Sweden, 4 500 tonnes of which are reserved
for Spain, whereas therefore the tariff guota in guestion should be opened for the
period 1st March to 31 December 1986 ; whereas in the absence of a "prorata
temporis" clause, the proposed annual guota volume should be opened for the period
under consideration ;
(1) 00 No L ...... , ......   1986, p.
 ---pagebreak---                                                                   -  2   -
Whe r e as equal and continuous access to the quota should be ensured for all
Community importers and the rate of levy for the tariff quota should be applied
c o n s i s t e n t l y to all imports until the quota is used up ; whereas, in the light of
the principles outlined above, a Community tariff arrangement based on an
allocation between the Member States would seem to p reserve the Community nature of
the quota ; whereas, to represent as closely as possible the allocation should
f o llow proportionately the requirements of the Member States c alculated both from
statistics of imports from Sweden during a representative reference period and
according to the economic outlook for the tariff year in question ;
Whereas during the last two years for which s tatistics are available, imports of
frozen peas, including chick peas, ori ginating in Sweden, into each of the Member
States were as follows :
               M ember State                                      1983        1984
               Benelux                                                 0       138
               Denmark                                              121        254
               Germany                                          1 365        1 432
                Greece                                              231          0
               France                                                 0          0
                Ireland                                                0         0
               Italy                                            2764         7 568
                Portugal                                            223          0
               United Kingdom                                         0        647
                                                                4 704       10 039
         Whereas, during the last two years tnder consideration, the products in question
         were imported only by certain Member States and not at
         all by the other Member States; whereas, under these
         circumstances, initial shares should be allocated to the
         importing Member States and the other Member States
         should be guaranteed access to the benefit of the tariff quota
         upon imports into those States of the products concerned
         being notified; whereas these arrangements for allocation
         will equally ensure the uniform application of the Common
         Customs Tariff;
  Whereas in taking into account these f a c t o r s , the Member S t a t e s '
  i n i t i a l percentage shares in the quota volume can be s e t as
  fo ll o w s :
     Member State
     Benelux                                 0.94
     Denmark                                 2.54
     Germany                                18.97
     Greece                                  1.57
     Italy                                  70.08
     Portugal                                1.51
     United Kingdom                          4.39
 ---pagebreak---                                                            -3-
         Whereas, in order to take into account import trends for the
         products concerned in the various Member States,               ctu.ot.iX v o £ n -
         rr)£ should be divided into two instalments, the first being
         shared among certain Member States and the second
         constituting a reserve to cover the subsequent requirements
         of these Member States where they have used up their initial
         share and any additional requirements which might arise in
         the other Member States; whereas, in order to give importers
         in each Member State a certain degree of security, it is
         appropriate to fix the first instalment of the Community
         quota at a level which, in the circumstances, could be
        ^ S 0/°                      of the quota volume;
 Whereas i n i t i a l shares may be used up at d i f f e r e n t rates; whereas to avoid
 di sr upt ion o f su pp lie s on t h i s account, i t should be provided that any
 ad d iH n St? V hlC haS aLm° St US6d UP i t s in i ti a L share should draw an
 ad di tio na l share from the reserve ; whereas each time i t s additional share
 as manyStime!                     Member Staf? Sh° uLd draw a further share and so on
 as many times as the reserve allows ; whereas the i n i t i a l and additional
 shares should be v a li d u n t i l the end of the quota period ; w h e r e a ^ M s
 Sta tes andmJheSinrr - ° n - reqUi; e \ Ct° Se « ‘" • ' » r a t i o n between the Member
 Sta tes and the Commission and the Commission must be in a p o s i t i o n to keeo
m         : ;                                             qu° t a s ha-      b ee- -*«' -   - *·
«hM^hfr J V i a . 9i v?n, date in                          quota period a considerable quantity of
St ate ^ho ulH            t i n i t 1 3 ^ share remains unused i t i s e s s e n t i a l that such
n r n lr f                        a S ig n i f l c a n t proportion thereof to the reserve, in
    d           Prevent a part of the Community t a r i f f quota from remaining unused
in one Member State while i t could be used in others ;
             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 Economic
             Union, any operation relating to the administration of the
             quota shares allocated to that economic union may be carried
             out -by any of its members,
 ---pagebreak---                                        -4-
HA5 ADOPTED THIS REGULATION   :
                                       Art i c l e  1
1.      Until 31 December 1986, a Community tariff quota of 6 000 tonnes shall be
        opened in the Community for frozen peas, falling within subhe a d i n g ex
        07.02 B of the Common Customs Tariff, o r i ginating in Sweden.
2.      Within the limit of this tariff quota the applicable duty shall be 6 %.
        However, when these products are imported into Spain the duty applicable
        shall be 4 . 5 % within the limit of the quo t a - s h a r e s allocated to this
        Member State.
3.      The protocol on the definition of the concept of o r i ginating products and
        on methods of administrative cooperation, annexed to the Agreement between
        the European Economic Community and Sweden shall be applicable.
                                       Article 2
1.      The tariff quota   laid down in Art i c l e   1 (1) shall be devided into two
        instalments.
2.      A first instalment of this quota shall be shared among certain Member
        States ; the respective shares, which, subject to Article 5, shall be valid
        until 31 December 1986, shall be as follows :
 ---pagebreak---                                                            -5-
           Member State
           Benelux                        13
           Denmark                        36
           Germany                      266
           Spain                     4 300
           Greece                         22
           Italy                        981
           Portugal                       21
           United Kingdom                 61
           The second instalment of the guota being 100 tons shall constitute the
           reserve.
4.    If an importer notifies the imminent import of the                  ......................... . (
products in question into a Member State that does not participate in the initial allocation and
requests the benefit of the quota, the Member State
concerned shall inform the Commission and draw an amount
corresponding to these requirements to the extent that the
available balance of the reserve so permits.
                                     Article 3
          1.     If a Member State has used 90 % or more of its
          initial share as fixed in Article 2 (2), or of that share
          minus any portion returned to the reserve pursuant to
          Article 5, it shall forthwith, by notifying, the Commission,
          draw a second share, to the extent that the reserve so
          permits, equal to 10 % of its initial share, rounded up as
          necessary to the next whole number.
          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, draw a third share
          equal to 5 % of its initial share, rounded up as necessary    ,
          to the whole number.
          3.     If a Member State, after exhausting its second share,
          has used 90 % or more of the third share drawn by it,
          that Member State shall, in the manner and to the extent
          provided in paragraph 1, draw a fourth share equal to the
          third.
          This process shall apply until the reserve is used up.
          4.     By way of derogation from paragraph 1, 2 and 3, a
          Member State may draw shares lower than those specified
           in those paragraphs if there are grounds for believing that
           those specified may not be used in full. Any Member
           State applying this paragraph shall inform the Commis­
           sion of its grounds for so doing.
 ---pagebreak---                          A rtide 4
                                                                                          A rtide 7
Additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1986.                                   1. The Member States shall take all appropriate
                                                                measures to ensure that additional shares drawn pursuant
                                                                to Article 3 are opened in such a way that importations
                         A rtidc 1                              may be charged without interruption against their accu­
                                                                mulated shares of the Community quota.
Member States shall, not later than 1 November 1986,
return to the reserve the unused portion of their initial       2.     The Member States shall ensure that importers of
share which, on 15 October 1986, is in excess of 20 % of        the product in question have free access to the shares
the initial volume. They may return a greater portion if        allocated to them.
there are grounds for believing that it may not be used in
full.                                                           3.     The Member States shall charge imports of the
                                                                product in question against their shares as and when the
Member States shall, not later than 1 November 1986,            product is entered with the customs authorities for free
notify the Commission of the total quantities of the            circulation.
product in question imported up to and including 15
October 1986 and charged against the Community quota               4.    The extent to which a Member State has used up its
and of any portion of their initial shares returned to the         share shall be determined on the basis of the imports
 reserve.                                                          charged in accordance with paragraph 3.
                                                                                             A rtidc 8
                         Article 6
                                                                  At the request of the Commission, the Member States
 The Commission shall keep an account of the shares               shall inform it of imports actually charged against their
 opened by the Member States pursuant to Articles 2 and 3          shares.
 and shall, as soon as the information reaches it, inform
 each State of the extent to which the reserve has been
 used up.                                                                                   Article 9
 It shall, not later than 5 November 1986, inform the            The Member States and the Commission shall cooperate
 M'ember States of the amount still in reserve, following        closely to ensure that this Regulation is complied with.
 any return of shares pursuant to Article 5.
  It shall ensure that the drawing which exhausts the                                      Article 10
  reserve does not exceed the balance available, and to this
  end shall notify the amount of that balance to the             This Regulation shall enter into force on the day following
                                                                 its publication in the Official Journal of the
  Member State making the last drawing.                          European Communities.
                                                                 This Regulation is applicable from 1st March 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                                For the Council
                                                                                 The President