CELEX: 51983PC0516
Language: en
Date: 1983-09-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and originating in Cyprus (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 516
Vol. 1983/0197
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- C O M M ISSIO N OF THE EUROPEAN C O M M U N ITIES
                                                                  COM(83) 516 f i n a l
                                                                  B r u s s e l s , 8 September 1983
                                           Pr oposal f o r a
                                    COUNCIL REGULATION (EEC)
     openi ng, a l l o c a t i n g and pr o v i d i n g f o r t h e a d m i n i s t r a t i o n of a
             Community t a r i f f quot a f o r sweet pepper s f a l l i n g
         w i t h i n subheadi ng 07.01 S of t he Common Customs T a r i f f
                            and o r i g i n a t i n g in Cyprus (1984)
                    ( s ubmi t t e d t o t he Council by t h e Commission)
   COM(83) 516 f i n a l
 ---pagebreak---                      EXPLANATORY MEMORANDUM
1. In Regulation (EEC) No       /fv32, /S3 the Community has established the
   arrangements-applicable to trade with Cyprus for 1983. Article 2 of this
   Regulation provides for the opening of an annual Community tariff quota
   for 300 tonnes sweet peppers, falling under subheading 07.01 S of the CCT,
   originating in Cyprus, at a duty rate of 4.5 %.
   Pending the definition of arrangements applicable beyond 31 December
    1983 it is necessary to extend provisionally for 1984 the arrangements
   which the Community applies currently to trade with Cyprus on the basis
   of the abovementioned Regulation.
   In consequence, it is advisable to open the Community tariff quota
   described above for the period from 1 January to 31 December 1984.
2. This Regulations provides for the splitting up of the quota volume into two
   parts, of which the first will be allocated among the Member States as
   quota share and the second will be kept as a reserve.
   In the absence      of  Community statistics,    for a period    sufficiently
   representative, the initial quota shares have been calculated on the basis of
   the possible demand on the markets of the various Member States and on
   the bais of the forecasts made by some of them.
3. As the method of administration to be applied by all Member States, the
   Commission proposes the "greyhound" system.
4. This is the subject of the proposal annexed hereto.
 ---pagebreak---                                          - 2 -
                                        NOTE
The tariff quota in question is still likely to be modified in the light of the
results of the negotiations.     Until these results are available, the Regulation
proposed will be the instrument which will make it possible to fulfil the
commitment entered into by the Community. The Commission thus reserves the
right to amend its proposal while it is still going through channels in order to
adapt it, if necessary, to the new arrangements.
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 ---pagebreak---                                 -2-
among the Member States; whereas, in order to reflect as
accurately as possible the true trend of the market in the
products in question, such allocation should be in
proportion to the requirements of the Member States,
calculated by reference to the statistics for imports from
Cyprus over a representative reference period and also to
the economic outlook for the quota period in question;
Whereas, however, neither Community nor national
staListics for the products in question are available and no
 reliable estimates of future imports can be made;
whereas, in these circumstances, the quota volume should
 be allocated in initial shares, to take into account demand
 for these products on the markets of the various Member
 States;
Whereas, in order to take into account import trends for
the products concerned in the various Member 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 have used up
their initial quota shares; whereas, in order to give
imports in each Member State a certain degree of security,
the first instalment of the ( Community quota should under
the circumstances be fixed at 75% of the quota
volume;
Whereas the Member States’ initial shares may be used up
at different times; whereas, in order to take this fact into
account and avoid any break in continuity, any Member
State which has almost used up is initial quota share
should draw an additional share from the reserve;
whereas this must be done by each Member State as and
when each of its additional shares is almost used up, and
repeated as many times as the reserve allows; whereas the
initial and additional shares must be valid until the end of
the quota period; whereas this method of administration
requires close cooperation between the Member States
 and the Commission, and the latter must be in a position
 to monitor the extent to which the quota volumes have
 been used up and to inform the Member States
 thereof;
 Whereas if, at a given date in the quota period, a
 substantial quantity remains unused in any Member
 State, it is essential that that Member State should return
 a significant proportion to the reserve to prevent a part of
 ---pagebreak---                                                            -3-
any tariff quota from remaining unused in one Member           portion returned to the corresponding reserve where
State when it could be used in others;                         Article 5 has been applied, has been used up, then, to the
                                                               extent permitted by the amount of the reserve, that
Whereas, since the Kingdom of Belgium, the Kingdom of          Member State shall forthwith, by notifying the
the Netherlands and the Grand Duchy of Luxembourg              Commission, draw a second share equal to 15% of its
are united within and jointly represented by the Benelux       initial share, rounded up where necessary to the next
Economic Union, any operation relating to the                  unit.
administration of the quota shares allocated to that
economic union may be carried out by any of its
                                                               2.     If, after its initial share has been used up, 90% or
members,
                                                               more of the second share drawn by a Member State has
                                                               been used up, then, to the extent permitted by the amount
                                                               of the reserve, that Member State shall, in accordance
                                                               with the conditions laid down in paragraph 1, draw a
HAS ADOPTED THIS REGULATION:                                   third share equal to 7-5% of its initial share, rounded up
                                                               where necessary to the next unit.
                           Article 1
                                                                3.     If, after its second share has been used up, 90 % or
From 1 January to 31 December 1984 the Common                   more of the third share drawn by a Member State has been
Customs Tariff duty for sweet peppers, falling within           used up, that Member State shall, in accordance with the
subheading 07.01 S of the Common Customs Tariff and             conditions laid down in paragraph 1, draw a fourth share
originating in Cyprus, shall be partially suspended at          equal to the third.
4-5 % within the limits of the Community tariff quota of
3 (JO tonnes.                                                   This process shall continue until the reserve is used up.
Within the limits of the tariff quota, Greece shall apply
customs duties calculated in accordance with the relevant       4.     By way of derogation from paragraphs 1,2 and 3, a
provisions in the 1979 Act of Accessior and the Protocol        Member State may draw shares smaller than those fixed
of Adaptation.                                                  in those paragraphs if there is reason to believe that they
                                                                might not be used up. It shall inform the Commission of
                                                                its reasons for applying this paragraph.
                           Article 2
 1.     The Community tariff quota referred to in Article 1                                  Article 4
 shall be divided into two instalments.
                                                                Each of the additional shares drawn pursuant to Article 3
 2.     A first instalment amounting to 225 tonnes shall be     shall be valid until 31 December 198 4 .
 allocated among the Member States; the respective
 shares, which subject to Article 5 shall be valid until
 31 December 198 4shall be as follows:
                                                                                             Article 5
                                               (tonnesj
                                                                The Member States shall return to the reserve, not later
         Benelux                                     7
                                                                than 1 October 198'4 such unused portion of their initial
         Denmark                                     7          share as, on 15 September 1984, is in excess of 20% of
         Germany                                    15          the initial volume. They may return a larger quantity if
         Greece                                       1         there are grounds for believing that this quantity may not
         France                                       1         be used.
         Ireland                                     7
         Italy                                        1         The Member States shall notify the Commission, not later
         United Kingdom                                         than 1 October 1984, of the total quantities of the
                                                   186
                                                                products in question imported up to 15 September 198 4
 3.     The second instalment, amounting to 75 tonnes,          and charged against the tariff quota and of any quantity
 shall constitute the reserve.                                  of the initial shares returned to the reserve.
                           Article 3                                                         Article 6
 1.     If 90 % or more of a Member State’s initial share as    The Commission shall keep an account of the shares
 specified in Article 2 (2), or 90 % of that share minus the    opened by the Member States pursuant to Articles 2 and 3
 ---pagebreak---                                                            -4 -
and, as soon as it is notified, shall inform each Member      3.     The Member States shall charge the imports of the
State of the extent to which the reserve has been used        products concerned against their shares as and when the
up.                                                           products are entered with customs authorities for free
                                                              circulation.
It shall inform the Member States, not later than
5 October 198^, of the amount in the reserve after            4.     The extent to which a Member State has used up its
quantities have been returned thereto pursuant to             share shall be determined on the basis of the imports
Article 5.                                                    charged in accordance with paragraph 3.
It shall ensure that the drawing which exhausts any
reserve does not exceed the balance available and, to this                             Article 8
end, notify the amount of that balance to the Member
State making the last drawing.                                 At the Commission’s request, the Member States shall
                                                               inform it of imports actually charged against their
                                                               shares.
                          Article 7
                                                                                        Article 9
 1.    The Member States shall take all measures
 necessary to ensure that additional shares drawn              The Member States and the Commission shall cooperate
 pursuant to Article 3 are opened in such a way that           closely to ensure that this Regulation is complied with.
 imports may be charged without interruption against
 their accumulated shares of the tariff quota.
                                                                                       Article 10
 2.     The Member States shall ensure that importers of
 the products in question                                       This Regulation shall enter into force on 1 January
 have free access to the shares allocated to them.              198 4 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels,
                                                                               For the Council
                                                                                The President