CELEX: 51994PC0594
Language: en
Date: 1994-12-12
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of a Community tariff quota for table cherries originating in Switzerland

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(94) 594 final
                                                      Brussels, 12.12.1994
                                                      94/0291 (ACC)
                                     Proposal for a
                                COUNCIL REGULATION (EC)
 opening and providing for the administration of a Community tariff quota for table ch.
                                 originating in Switzerland
                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             i : \ P l AN YTOKY MIMOUANDUM
 1. The agreement concluded between the Huropcan Economic Community on the on»v '
    and Switzerland on the other, approved by Council Decision No 86/559/I£IiC( 1 ) ..•.
    September 15, 1986, provide for the opening by the Community of an annual Commuia y
    tariff quota for a determined volume at zero rate for table cherries
2.  The purpose of the annexed proposal is to implement this tariff quota for an indefinite
    period. Accordingly and for reasons of cfilcicncy and simplifying the implementation >:^''u-?
    measures concerned it seems desirable that the regulation should be pluriannual.
3.  Furthermore, as the adaptations arising from the combined nomenclature of the TARIC <nd
    those concerning quotas volumes and quota rates laid down in Council or Commissic •>
    decisions involve no change of substance, it is proposed that the Council should em^ , .
    the Commission to implement these measures by adopting regulations following rece ,Vf ~r
    an opinion from the Customs Code Committee.
4.  As in the case of other Community tariff quotas, the proposal does not provide for the
    allocation among the Member States of the quota volumes but enables the Membe:
    to draw from the quota volumes the quantities required to cover the actual impor
    recorded.
(1) O.J.   No L 3 2 8 o f  22.11.1986,     p. 99
 ---pagebreak---                                                                                                                                                   ,3
                                                             Proposal for a
                                                  COUNCIL REGULATION ( E O
                                                                  of
                         opening and providing for the administration of a Community tariff quota
                                            for table cherries originating in Switzerland
THE COUNCIL Ol THE EUROPEAN UNION -
                                                                       Whereas all Community importers shoi-
Having regard to the Treaty establishing the Huropean
            C o m m u n i t y , and in particular Article 1 11
                                                                       ensured equal and continuous access to ihv.
thereof.                                                                said quota and the duty rate laid down for
                                                                       the quota should be applied consistently to
Having regard to the proposal from the Commission,                      all imports of the product in question into J '
                                                                       Member States until the quota is exhausu*',
                                                                        during the whole period of validity of the
Whereas, in agreements concluded between                                EEC-Switzerland Agreement.
the Community and Switzerland, and
approved by Decision 86/559/1 UlC,' the                                WÏ1M.M-. l!.'         • :.!• m 11 a (lie- o p r m n g , i l l t i l e exe« > ' n w> >:
Community undertook to open each year,                                 lis     MIU:M:I!>         >!>'u'.!tn>iis, ni t.uiff quotas sh. '<!
subject to certain conditions, a Community                             t a k e n !•)• : i . .• :,:v,• J• • •:iy , whcicas, to ensure th                 ::
                                                                       c m y )! .1 • o       >n administration of these quotas, there is
tariff quota at zero rate of duty for table
                                                                        nc> rc.iv.Hiabie obstacle to authorizing the Mernb-
cherries originating in this country; whereas                          to draw from the quota-volumes the necessary q>
this tariff quota should be opened, and,                               corresponding to actual imports ; whereas this n
where necessary, the conditions of eligibility                         administration requires close cooperation betw :k
laid down should be specified;                                         Member States and the Commission and the latter must
                                                                       in particular be able to monitor the rate at which the
                                                                       quotas are used up and inform the Member S' 1 ' ->c
Whereas, for reasons of simplification,                                dingly ;
 provision should be made to empower the
 Commission to give effect, following receipt
of the opinion of the Customs Code
Committee, to necessary amendments and                                   HAS ADOPTED THIS RIXilU.ATION
technical adaptations of tbi. regulation
arising from amendments of the combined
nomenclature and TARIC codes and to                                                                        Article    1
adaptations of volume, periods an quota
rates arising from decisions by the Council
or by the Commission;                                                    1. From the 1 January to 31 December of
                                                                        each year, the customs duties applicable
Whereas the tariff quota provided in the                                imports of the products listed below shall •
agreement in question relates an indefinite                             suspended at the levels indicatedd below uid
period and accordingly, for reasons of                                  within the limits of the Community tariff
efficiency and simplifying the                                          quotas as shown below:
implementation of the measures concerned,
it appears suitable to provide that the                                2. The Protocol on the definition of the
 application of this regulation should be                              concept of originating products and on
 placed on a pluriannual footing;                                      methods of administrative cooperation,
                                                                       annexed to the Agreement between the
                                                                       European Economic Community on the :
                                                                       hand and the Swiss Confederation on the
                                                                       other, is applicable.
  1
    O.J. Nr. L 328, of 22.11.1986, p 99
 ---pagebreak---                                         a
                                                                                                                           r
         Order number        CN code < )              Description                   Amount of quota         Quia duty
                                                                                     (in tonnes)              (in %)
         09.0901             ex 0809 20 19      Table cherries excluding            1000                    0
                             ex 0809 20 29      Morello cherries
                             ex 0809 20 39
                             ex 0809 20 49
                             ex 0809 20 59
                             ex 0809 20 69
                             ex 0809 20 79
                              Article 2
                                                                                                  Article 5
   The tariff quotas referred to in Article 1 shall be adminis-         1. The provisions necessary for the application of this
   tered by the Commission, which may take any appro-                  Regulation, in particular :
   priate administrative measures in order to ensure efficient         (a) the amendments and technical adaptations, insofar as
   administration.                                                          necessary, arising from amendments of the combined
                                                                            nomenclature and Taric codes and
                             Article 3                                    (b) The necessary adaptations of volume, periods
                                                                         and quota duty arising from decisions adopted by
   If an importer presents in a Member State a declaration of            the Council or the Commission
   entry into free circulation including a request for prefe-
   rential benefit for a product covered by this Regulation,
   and if this declaration is accepted by the customs authori-
   ties, the Member State concerned shall draw, from the               shall be adopted in accordance with the procedure laid
   quota volume by means of notification to the Commis-                down in Article 6 (2).
   sion, a quantity corresponding to those needs.
                                                                                                   Article 6
   The requests for drawing, with the indication of the date             1. The Commission shall be assisted by the Customs
   of acceptance of the said declarations, must be communi-              Code Committee set up by Article 247 of Regulation
   cated to the Commission without delay.                                (EEC) No 2913/92C).
   The drawings are granted by the Commission on the basis               2.    The representative of the Commission shall submit
   of the date of acceptance of the declaration of entry into            to the committee a draft of the measures to be taken. Tho
   free circulation by the customs authorities of the Member             committee shall deliver its opinion on the draft within a
   State concerned, to the extent that the available balance            time limit which the chairman may lay down according
   so permits.                                                          to the urgency of the matter. The opinion shall be del:
                                                                        vered by the majority laid down in Article 148 (2) of tf
   If a Member State does not use the quantities drawn, it              Treaty in the case of decisions which the Council is
   shall return them as soon as possible to the corresponding           required to adopt on a proposal from the Commission.
   quota volume.                                                        The votes of the representatives of the Member States
                                                                        within the committee shall be weighted in the manner set
   If the quantities requested are greater than the available           out in that Article. The chairman shall not vote.
   balance of the quota volume, allocation shall be made on
   a pro rata basis with respect to the requests. Member                The Commission shall adopt the measures, which apply
   States shall be informed thereof by the Commission.                  immediately. However, if these measures are not in
                                                                        accordance with the opinion of the committee, they shall
                                                                        be communicated by the Commission to the Council
                              Article 4                                 forthwith. In that event :
                                                                        — the Commission shall defer application of the
   Each Member State shall guarantee importers of the
                                                                             measures which it has decided for three months from
   products in question equal and continuous access to the
                                                                             the date of such communication ;
   quotas as long as the balance of the corresponding quota
   volume allows.                                                       — the Council, acting by qualified majority, may take a
                                                                             different decision within the period referred to in the
                                                                             previous paragraph.
                                                                        3.     The Committee may examine any question concer-
                                                                        ning the application of this Regulation which is raised by
                                                                        its chairman either on his own initiative or at the request
                                                                        of a Member State.
<*> see Taric code in annex
(') OJ No L 302. 19. 10. 1992. p. I.
 ---pagebreak---                      Article 7
                                                                                                      J)
Member States and the Commission shall cooperate
closely in order to ensure that this Regulation is complied
with.
                    Article 8
  This Regulation shall enter into force on the
  day following its publication in the Official
  Journal of the European Communities.
  It shall apply from 1 January 1995 for the
  whole period of validity of the Agreement..
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                        For the Council
                                                                         The President
 ---pagebreak---                             ANNEX
                          Taric Codes
    Order number       CNcodc               TARIC Code.
09.0901          ex 0809 20 19        0809 20 19*11
                                                   •81
                 ex 0809 20 29        0809 20 29*10
                 ex 0809 20 39        0809 20 39*11
                                                   *21
                                                   *31
                                                   •41
                                                   *51
                                                   *61
                 ex 0809 20 49        0809 20 49*11
                                                   *21
                                                   •31
                                                   •41
                                                   •51
                                                   *61
                 ex 0809 20 59        0809 20 59*11
                                                   *21
                                                   •31
                                                   *4I
                                                   •51
                                                   •61
                 ex 0809 20 69        0809 20 6 9 * 1 1
                                                   •21
                                                   •31
                                                   •41
                                                   •51
                                                   •61
                 ex 0809 20 79                     •11
                                                   •31
                                                   •51
 ---pagebreak--- FINANCIAL RECORD
1.   Budget line concerned : Chap. 12 Art. 120
2.   Legal basis : Art. 113 of the Treaty
3.   Title of the tariff measure concerned : Proposal for a Council Regulation opening and
     providing for the administration of Community tariff quotas for table cherries originating m
     Switzerland.
4.   Objective : Fulfilment of contractual obligations of the Community.
5.   Method of calculation :
     CCT heading:                                  ex 0809 20 40; ex 0809 20 80
     Volume of the quota:                          1 000 T
     Duty to be applied:                           0
     Normal CCT duty:                              15 %
6.   Duty-loss:
     Average price per tonne:                        869 ECU
     Total value:                                 869 000 ECU
     Duty-loss:                                   130 350 ECU
     The average annual loss of receipt is 130 350 ECU.
 ---pagebreak---  ---pagebreak---                                                                      1SMN UZS4-1473
                                                               COM(94) 594 final
                                                      DOCUMENTS
EN                                                                         i l 03
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                                                             ISBN 92-77-83493-5
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