CELEX: 51982PC0535
Language: en
Date: 1982-09-15
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff and originating in Morocco (1983)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for apricot pulp, falling within subheading ex 20.06 B II c 1 aa) of the Common Customs Tariff and originating in Tunisia (1983) (submitted to the Council by the Commission)

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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(82)535 final
                                                       Brussels , 15 September 1982
                                  Proposal for a
                             COUNCIL REGULATION ( EEC )
     opening , allocating    and providing for the administration of a Community
     tariff quota for apricot pulp , falling within subheading ex 20.06 B II c )
     1 aa) of the Common Customs Tariff and or
     1 aa ) of the Common Customs-Tariff and originating in Morocco ( 1983 )
                               V           N.  t
                                            >
                                  Proposât for a     !
                        a»
                                   .    >        -
                           v
                             COUNCIL
                                .
                                      REGULATION    ( EEC )
     opening , allocating and providing \for the administration of a Community
     tariff quota for apricot pulp , falling within subheading ex 20.06 B II
     c 1 aa ) of the Common Customs Tariff and originating in Tunisia ( 1983 )
             ( submitted to the Council by the Commission )
C0M(82 ) 535 final
                                                   I
 ---pagebreak---                               EXPLANATORY MEMORANDUM
1.  The . ooperation Agreements concluded between the European Economic
    Community on the one hand i.nd the Kingdom of Morocco , and ciie Republic
    of Tunisia on the other 'hand provide.for the opening of annual Community
    tariff quotas for the Importation Into the Community of 8.250 or A. 300
    metric tons of apricot pulp, - originating 1n these countries / falling
    within subheading ex 20.06 B II c ) 1 aa ) of 1^-2 Common Customs Tariff ."
   The customs duties applicable within the limits of this quota are
   equal to 70 X of the duties actually applied to nci-member countries .
   Accordingly the tariff quota in question has to be opened for 1983 .
2. The proposals for regulations opening these tariff quotas provide - .
   as is customary - for the division of each of the quota - volumes into
   two instalments , the first being allocated among the Member      States
   as quota shares , the second being held as a reserve .
   The allocation of the volume of the first instalment of the quota
    should be based on the rules    generally applied . These involve cal­
   culating each Member State 's total imports oyer the last three years
   as a proportion of total Community imports during the same period
   and applying , for each Member State , the percentages thus obtained
   to the volume of the    f^rst instalment .                         •
   However , in this process account was taken on the fact that certain
   Member States effected no or only occasional imports during these
   years . In view of the necessity of allocating the quota volume in
   an equitable manner these Member States were granted small percen­
   tages representing commercially exploitable scares .
3. It is proposed that the proposals for Council regulations opening
   the Community tariff quotas described above be approved .
   annex : 2 proposals for Regulations ( EEC ) of th;-.CounciU.
 ---pagebreak---                                                                                                                  ANNEX A
                                                                 . PROPOSAL FOR_A
                                                    COUNCIL REGULATION (EEC)
                        opening, allocating and providing for the administration of a Community tariff quota for
                        apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff
                                                          and originating in Morocco ( 1983 )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES                                     Whereas, during the last three years for which statistics
                                                                                are available, the corresponding imports of each
                                                                                Member State represent the following percentages of
                                                                                imports into the Community from Morocco of the
   Having regard to the Treaty establishing the European                        products concerned :
   Economic Community, and in particular Article 1 13
   thereof.
                                                                                         Member States     1  1979       l'i 80    1 1981 ;
                                                                                                                                                  I
   Having regard to the proposal from the Commission,                           Benelux                        0-7           3
                                                                                                                                       6         I
                                                                                Denmark                        –          –
                                                                                                                                       _         ι
                                                                               Germany                        19-8        15         28        j
   Whereas the Cooperation Agreement between the                               Greece                          –
                                                                                                                          –                   I
   European Economic Community and the Kingdom of                              France                        79-5         82         66      '
  Morocco, signed on 27 April 1976 ( '), as supplemented
  by Council Regulation ( EEC) No 3511 /81 of                                  Ireland                         –
                                                                                                                          –
                                                                                                                                            ;
  3 December 1981 fixing the arrangements applicable                          Italy                                                   ~   !
  for trade between Greece and Morocco (2), pro­
                                                                                                               -
                                                                                                                          –
  vides for the opening by the Community of an annual                         United Kingdom                              –           -
  Community tariff quota of 8 250 tonnes of apricot pulp
  fniling within subheading ex 20.06 B II c) 1 aa) of the
  Common Customs Tariff and originating in Morocco;
  whereas the customs duties applicable to the quota are                      Whereas, both these percentages and the estimates from
  equal to 70 % of the customs duties actually applied to                     certain Member States should be taken into account as
  non-member countries; whereas the Community tariff                          well as the need to ensure that, in the circumstances, the
  quota in question should therefore be opened for 1 98 3 •                   obligations contracted under the Agreement concerned
                                                                              are allocated fairly among all the Member States;
                                                                             whereas the approximate percentages of the initial
                                                                             quota shares may therefore be fixed as follows-
 Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access                                   Benelux                                    8-5
 to the abovementioned quota and uninterrupted                                        Denmark
application of the rate laid down for that quota to all                                                                          1-8
imports of the products concerned into all Member                                     Germany                                  341
States until the quota has been used up; whereas, having                              Greece                                    0-2
regard to the above principles, the Community nature                                  France                                   38-1
of the quotr c„,i be respected by allocating the                                      Ireland                                   1-0
Community tariff quota among the Member States;                                       Italy
whereas, in order to reflect as accurately as possible the                                                                      1-0
true trend of f';c market in the products in question,                               United Kingdom                            15-3
such a-Vci y,: should be in proportion to the
rcqiiirer!?-.- nrs
require        nrs of  of ,, he
                             he Member Staves, calculated by
reference
roicrcncc to   to tir(    •• -<t
                             -ftisttcs    for imports from Morocco          Whereas, in order to take into account import trends
over aa rcprcse.itati
over        fcpresc.irati .,'c
                             t     ; eference period and also to the        for the products concerned in the various Member
" o ... ins ■• 11.1
"" C. .. - nn
                               r the quota period in question;              States, the quota amount should be divided into two
                                                                            instalments, the first being shared among the Member
                                                                            States and the second constituting a reserve to cover at a
                                                                           later date the requirements of the Member States which
                              '. ! 'V8 , ,
                              . 2 . 198'/                                  have used up their initial quota shares; whereas, in
                                                                           order to give importers in each Member State a certain
 ---pagebreak---                                                           - 2     -                            ANNEX   A
 degree of security, the first instalment of the                                        Article 1
 Community quota should under the circumstances be
 fixed at 70 % of the quota volume;                            1 . A first instalme: amounting to 5 860 tonnes of the
                                                              Community tariff quota referred to in Article I shall be
                                                              allocated among the Member States; the shares, which
 Whereas the Member States' initial shares may be used        subject to Article 5 shall be valid until 31 December
 up at different times; whereas, in order to take this fact    1983 ,shall be as follows:
into account and avoid any break in continuity, any
 Member State which has almost used up its initial share
should draw an additional share from the reserve ;                                                         (tonnes)
whereas this must be done by each Member State as and                   Benelux                               500
when each of its additional shares is almost used up,
                                                                        Denmark                               110
and repeated as many times as the reserve allows;
whereas the initial and additional shares must be valid                 Germany                            2 000
until the end of the quota period; whereas this method                  Greece                                  10
of administration requires close cooperation between                    France                             2 220
the Member States and the Commission , and the latter                   Ireland                                 60
must be in a position to monitor the extent to which the
quota volume has been used up and to inform the                         Italy                                   60
Member States thereof;                                                  United Kingdom                        900
Whereas if, at a given date in the quota period, a             2. The second instalment amounting to 2 390 tonnes
substantial quantity remains unused in any Member             shall constitute the reserve.
State it is essential that that Member State should return
a significant proportion to the corresponding reserve to
prevent a part of the Community quota from remaining
unused in one Member State when it could be used in
others ;                                                                                Article 3
                                                               1.   If 90 % or more of a Member State's initial share as
Whereas, since the Kingdom of Belgium, the Kingdom            specified in Article 2 ( 1 ), or 90 % of that share minus
of the      Netherlands     and    the  Grand   Duchy    of   the portion returned to the reserve where Article 5 has
Luxembourg are united in and represented by the               been applied, has been used up, then, to the extent
Benelux Economic Union , any operation relating to the        permitted by the amount of the reserve, that Member
administration of the quota shares allocated to that          State shall forthwith , by notifying the Commission,
economic union may be carried out by any of its               draw a second share equal to 15 % of its initial share,
members,                                                      rounded up where necessary to the next unit.
                                                              2. If, after its initial share has been used up, 90 % or
                                                               more of the second share drawn by a Member State
HAS ADOl'TKD THIS REGULATION :                                has been used up, then that Member State shall,
                                                              in accordance with        the conditions laid down in
                                                              paragraph 1 , draw a third share equal to 7-5 % of its
                                                              initial share.
                           Article 1
1 . From      1   January    to 31     December   1983 a      3 . If, after its second share has been used up, 90 % or
Community tariff quota of 8 250 tonnes shall be               more of the third share drawn by a Member State has
opened in the Community for apricot pulp, falling             been used up, that Member State shall, in accordance
within subheading ex 20.06 B II c) 1 aa) of the               with the conditions laid down in paragraph 1 , draw a
Common Customs Tariff, originating in Morocco.                fourth share equal to the third.
2 . Within the limits of this tariff quota the Common
Customs Tariff duty applicable to these products shall        This process shall o : ;inue until the reserve is used up.
be suspended at a rate of 1 1-9%
                                                              4. By way of derogation from paragraphs 1 , 2 and 3 , a
Within the limits of this tariff quota, Greece shall apply    Member State may uiaw shares smaller t'.ian those fixed
duties    calculated in    accordance with    the relevant    in those paragraphs if ihfre is reason to believe that
provisions in the 1 979 Act of Accession and in               they might not be usee up. It shall inform the
Regulation ( F.F.C) No 35 1 1 /8 1 .                          Commission of its reasons for applying this paragraph.
 ---pagebreak---                                                            - 3 -                                  ANNEX A
                          Article 4                                                       Article 7
 Hnch of tiic additional shares drawn pursuant to Article          1 . The Member States shall take all measures necessary
3 shall l»e valid until 31 December 198 3 .                       to ensure that additional shares drawn pursuant to
                                                                  Article 3 are opened in such a way that imports may be
                                                                  charged without interruption against their accumulated
                          Article 5                               shares of the tariff quota.
The Member States shall return to the reserve, not later          2. The Member States shall ensure that importers of
than 1 October 1983 , such unused portion of their                the products in question
initial shares as, on 15 September 1983,is in excess of           have free access to the shares allocated to them.
20 % ot the initial volume. They may return a larger
quantity if there are grounds for believing that this             3 . The Member States shall charge the imports of the
quantity may not be used .                                        products concerned against their shares as and when the
                                                                  products are entered with customs authorities under
The Member States shall notify the Commission, not                cover of declarations for free circulation.
later than 1 October 1983, of the total quantities of the
products in question imported up to 15 September 1983             4. The extent to which a Member State has used up its
and charged against the tariff quota and of any quantity          share shall be determined on the basis of the imports
of the initial shares returned to the reserve.                    charged in accordance with paragraph 3 .
                         Article 6                                                        Article 8
The Commission shall keep an account of the shares                At the Commission's request, the Member States shall
opened by the Member States pursuant to Articles 2                inform it of imports actually charged against their
and i and , as soon as it is notified, shall inform each          shares.
Member State of the extent to which the reserve has
been used up.
                                                                                          Article 9
It shall inform the Member States, not later than
5 October 198 3., of the amount in the reserve after              The Member States and the Commission shall cooperate
quantities have been returned thereto pursuant to                 closely to ensure that this Regulation is complied with.
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 1 January
Member State making the last drawing.                             1983 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels, »«.••• 1 982 .
                                                                                          For the Council
                                                                                           The President
 ---pagebreak---                                                                                                  ANNEX B
                                                      PROPOSAL F OR A
                                      COUNCIL REGULATION (EEC) ~
                opening, allocating and providing for the administration of a Community tariff quota for
               apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the O ■mmon Customs Tariff
                                             and originating in Tunisia ( 198 -ri
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         reference to the statistics for imports from Tunisia over
                                                                  a representative reference period and also to the
                                                                  economic oudook for the quota period in question;
 Having regard to the Treaty establishing the European           Whereas, during he last three years for which statistics
 Economic Community, and in particular Article 113               are available, ti e corresponding imports of each
thereof,                                                         Member State re re:,.r~ r the following percentages of
                                                                 imports into the C .. i . nity from Tunisia of the
                                                                 products concerned :
Having regard to the proposal from the Commission,
                                                                           Member States           1979       1980
                                                                                                                        1981
Whereas the Cooperation Agreement between the .                   Benelux                          28-3         4          3
European Economic Community and the Republic of
Tunisia ( J), signed on 25 April 1976, provides for the           Denmark                           –          –           -
opening by the Community of an annual Community                                                    15-5        – ~         1
                                                                  Germany
tariff quota of 4 300 tonnes of apricot pulp falling
within subheading ex 20.06 B II c) 1 aa) of the                   France                           54-1        96         95
Common Customs Tariff originating in Tunisia;                                                                              –
                                                                  Ireland
whereas the customs duties applicable to the quota are
                                                                                                    –          –
equal to 70 % of the customs duties actually applied to           Italy                             2-1        –
                                                                                                                           -
non-member countries ; whereas the Community tariff
quota in question should therefore be opened for 198 3 •          United Kingdom                    –          –
Whereas, since a Protocol as provided for in Article 118         Whereas both these percentages and the estimates from
of the 1979 Act of Accession does not exist, the                 certain Member States should be taken into account as
Community must adopt the measures referred to in                 well as the need to ensure that, in the circumstances , the
Article 1 1 9 of the Act; whereas the quota concerned            obligations contracts i under the Agreement concerned
will, therefore, apply to the Community of Nine;                 are allocated fairly among all the Member States;
                                                                 whereas the approximate percentages of the initial
                                                                 quota shares may therefore be fixed as follows:
Whereas it is in particular necessary to ensure for all                   Bénélux                                   28-7
Community importers equal and uninterrupted access                        Denmark                                    3-5
to the abovementioned quota and uninterrupted
application of the rate laid down for that quota to all                   Germany                                    4-8
imports of the products concerned into all Member                         France                                   54-9
States until the quota has been used up; whereas, having                  Ireland                                    1*8
regard to the above principles, the Community nature                      Italy                                      l -8
of the quota can be respected by allocating the                           United Kinrdom                             4-5
Community tariff quota among the Member States ;
whereas, in order to reflect as accurately as possible the
true trend of the market in the products in question,            Whereas, in ordei to take into account import trends
such allocation should be in proportion to the                   for the products          cerned in the various Member
requirements of the Member States, calculated by                 States, the quota amount should be divided into two
                                                                 instalments, the first being shared among the Member
                                                                 States and the second constituting ? re       ve to cover at a
(*) OJ No L 265 , 27. 9. 1978 , p. 2.                            later date the requi i      > j cf the Worr ! er States A'hich
 ---pagebreak---                                                            - 2 -                                 ANNEX B
 ri-', used w th ir initial quota shares ; whereas, in                                     Article 2
 Older to give importers in each Member State a certain
degree of security, the first instalment of the                  1 . A first instalment amounting to 3 190 tonnes of the
Comrr unity quota should under the circumstances be              Community tariff quota referred to in Article 1 , shall be
fixed ,?t 73 % of the quota volume;                              allocated among the Member States; the shares, which
                                                                 subject to Article 5 shall be . valid until 31 December
                                                                 198 3,>shall be as follows:
Whereas the Member States' initial shares may be used                                                        (tonnes)
up at different times ; whereas, in order to take this fact              Benelux                                 900
into account and avoid any break in continuity, any
                                                                         Denmark                                 110
Member State which has almost used up its initial quota
share should draw an additional share from the reserve;                  Germany                                 150
whereas this must be done by each Member State as and                    France                                1 780
when each of its additional shares is almost used up,                    Ireland                                  55
and repeated as many times as the reserve allows;                        Italy                                    55
whereas the initial and additional shares must be valid
until the end of the quota period; whereas this method                   United Kingdom                          140
of administration requires close cooperation between
the Member States and the Commission, and the latter             2. The second instalment amounting to 1 110 tonnes
must be in a position to monitor the extent to which the         shall constitute the reserve.
quota volume has been used up and to inform the
Member States thereof;
                                                                                           Article 3
Whereas if, at a given date in the quota period, a               1 . If 90 % or more of a Member State's initial share as
substantial quantity remains unused in any Member
State, it is essential that that Member State should             specified in Article 2 ( 1 ), or 90 % of that share minus
return a significant proportion to the reserve to prevent        the portion returned to the reserve where Article 5 has
                                                                 been applied, has been used up, then, to the extent
a part of any tariff quota from remaining unused in one
Member State when it could be used in others;
                                                                 permitted by the amount of the reserve, that Member
                                                                 State shall forthwith, by notifying the Commission,
                                                                 draw a second share equal to 15 % of its initial share,
                                                                 rounded up where necessary to the next unit.
Whereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of                        2. If, after its initial share has been used up, 90 % or
Luxembourg are united in and represented by the                  more of the second share drawn by a Member State
Benelux Economic Union, any operation relating to the            has been used up, then that Member State shall,
administration of the quota shares allocated to that             in   accordance     with  the   conditions laid  down   in
economic union may be carried out by any of its                  paragraph 1 , draw a third share equal to 7-5 % of its
members,                                                         initial share.
                                                                 3 . If, after its second share has been used up, 90 % or
                                                                 more of the third share drawn by a Member State has
                                                                 been used up, that Member State shall, in accordance
HAS ADOPTED THIS REGULATION :                                    with the conditions laid down in paragraph 1 , draw a
                                                                 fourth share equal to the third.
                                                                 This process shall continue until the reserve is used up.
                             Article 1
                                                                 4. By way of derogation from paragraphs 1 , 2 and 3 , a
1 . From 1 January to 31 December 1983 a                         Member State may draw shares smaller than those fixed
Community tariff quota of 4 300 tonnes shall be                  in those paragraphs if there is reason to believe that
open - J In the Community of Nine for apricot pulp,              they might not be used up. It shall inform the
falling within subi. ading ex 20.06 B II c) 1 aa) of the         Commission of its reasons for applying this paragraph.
Common Glooms Tariff, originating in Tunisia.
                                                                                           Article 4
2 . W:?Vn th : h>           cf this tariff quota the Common
C"        .>•; '".vtn      applicable to these products shall    The additional shares drawn pursuant to Article 3 shall
b < sv •.            r : are or 11-9 % .                         be valid until 31 December 1983 .
 ---pagebreak---                                                                                                  ANNEX B
                          Article S                               Article 3 are opened in such a way that imports may be
                                                                  charged without interruption against their accumulated
 The Member States shall return to the reserve, not later         shares of the tariff quota.
 than 1 October 198.3 , such unused portion of their
 initial share as, on 15 September 198'i >s in excess of
 20 % of the initial volume. They may return a larger             2. The Member States shall ensure that importers of
 quantity if there are grounds for believing that this            the products in question                           ~–
                                                                  have free access to the shares allocated to them.
 quantity may not be used.
 The Member States shall notify the Commission, not               3 . The Member States shall charge the imports of the
 later than 1 October 19&3,of the total quantities of the         products concerned against their shares as and when the
 products in question imported up to 15 September                 products are entered with customs authorities for free
 198 3. and charged against the tariff quota and of any           circulation.
 quantity of the initial shares returned to the reserves.
                                                                  4. The extent to w'lich a Member State has used up its
                          Article 6                               share shall be detenaincJ        the basis of the imports
                                                                  charged in accordance v         *ragraph 3 .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and
3 and, as soon as it is notified, shall inform each                                       Article 8
Member State of the extent to which the reserve has
been used up.
                                                                  At the Commission's request, the Member States shall
It shall inform the Member States, not later than                 inform it of imports actually charged against their
                                                                  shares.
5 October 1983 , of the amount in the reserve after
quantities have been returned thereto pursuant to
Article 5 .
                                                                                          Article 9
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and, to             The Member States and the Commission shall cooperate
this end, notify the amount of that balance to the                closely to ensure that this Regulation is complied with.
Member State making the last drawing.
                          Article 7                                                       Article 10
1 . The Member States shall take all measures necessary           This Regulation shall enter into force on 1 January
to ensure that additional shares drawn pursuant to                198 3 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels,     ....... 1 982 .
                                                                                          For the Council
                                                                                           The President