CELEX: 51978PC0461
Language: en
Date: 1978-09-22
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 No 07.01 S of the Common Customs Tariff, originating in Cyprus (1979)# Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading No 08.04 B I of the Common Customs Tariff, originating in Cyprus (1979) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 461
Vol. 1978/0171
 ---pagebreak--- Disclaimer
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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
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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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM ( 78 ) 461 final
                                                 Brussels . 22 September 1978
                           Proposal for a
                      COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration
     of a Community tariff quota for sweet peppers falling
     within subheading No 07.01 S of the Common Customs Tariff ,
                     originating in Cyprus ( 1979 )
                           Proposal for a
                       COUNCIL REGULATION ( EEC )
     opening , allocating and providing for the administration
     of a Community tariff quota for certain dried grapes fall­
     ing within subheading No 08.04 B I of the Common Customs
                                                              •
                Tariff , originating in Cyprus ( 1979 ) . .
                                         /s i          -n
                                       [ ,: <!        ; ,          ; .
          ( submitted to the Council by the Commission )
C0M(78 ) 461 final
 ---pagebreak---                  EXPLANATORY MEMORANDUM
Article 4 of the supplementary Protocol and Article 2 of the
Protocol laying down certain provisions relating to trade in
agricultural products between the EEC and Cyprus , to be
annexed to the Agreement EEC / Cyprus of 1973 , provide for
the opening of annual Community tariff quotas for the products
listed below originating in Cyprus :
a ) Sweet peppers , subheading 07.01 S of the CCT , 250 tonnes
    at a duty , rate of 5,5% ,
b ) Dried grapes , in immediate containers of a net capacity
    of 15 kg or less > subheading 08.04 B I of the CCT ,
    500 tonnes , duty free .
Consequently , the Community tariff quotas shown above should
be opened for the period from 1 January to 31 December 1979 .
These Regulations provide for the splitting up of the quota,
volumes 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 suffi­
ciently 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 basis of forecasts
made by some of them .
As the method of administration to be applied by -all Member
States , the Commission propose the "greyhound" system ;
This is the subject of the proposals annexed hereto .
 ---pagebreak---                                                                                                        ANNEX A
                                                 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,
                                                      originating in Cyprus ( 1979 )      >
      THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                       ,    ·         - I
      Having regard to the Treaty establishing the European
      Economic Community, and in particular Article 113
      thereof,                             ■ N      .
                           '                                                                   y
      Having regard to the proposal from the Commission,
                                                                   Λ
      Whereas Article 2 of the Protocol laying down certain provisions
      relating to trade in agricultural products between the European
      Economic Community and Cyprus ( 1 ) provide for the opening of an
      annual Community tariff quota of 250 tonnes of sweet peppers
      falling within subheading 07.01 S of the Common Customs Tariff ,
      originating in Cyprus , at a rate of customs duty equal to 50%
      of the customs duty in the Common Customs Tariff ; whereas this
      Community tariff quota should be opened for the year 1979 ;
      Whereas it is in particular necessary to ensure for all Community
      importers equal and uninterrupted access to the abovementioned
      quota and uninterrupted application of the rates laid down for
      that quota to all imports of the products concerned into all
      Member States until the quota has been used up ; whereas , having
      regard to the above principles , the Community nature of the quota
      can be respected by allocating the 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 , such allocation should be in proportion to the requi - .
      rements 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
       concerned ;                                                                             '         ^
( 1 ) 0J N° L 172 of 28.6.1978 , p. 10 .
 ---pagebreak---                                    2 -                        ANNEX A
Whereas , however^ neither Community nor national statistics showing the
breakdown for the products in question are available and no reliable
estimates of future i imports can be made ;- whereas
                                                  –'
                                                     , in these circums-
tances , the quota should be allocated in initial shares , on the likely
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 volume 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 Member States which have used up their initial
quota shares ; whereas , in order to give importers in each Member
State a certain degree of security , the first instalment of the
Community quota * should , under the present 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
                                                               I '
its initial 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 |
position to monitor the extent to which the quota volume has
been used up and to inform the Member States thereof ;
Whereas if , at a given date in the quota period , a substantial '
quantity of an initial share 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 any Community quota
from remaining unused in one Member State when it could be used in
others ;
 ---pagebreak---                                                                             ANNEX A
Whereas , since the Kingdom of Belgium , the Kingdom of Netherlands
and the Grand Duchy of Luxembourg are united in and 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 ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
From 1 January to 31 December 1979 , the Common Customs Tariff duty
for sweet peppers falling within subheading ex 07.01 S of the
Common Customs Tariff , originating in Cyprus , shall be partially
suspended at 4,5% within the limits of a Community tariff quota
of 250 tonnes .
                                         Artide 2
                1 . The Community tariff quota referred to in Article 1
                shall be divided into two    instalments*
                2. The first instalment , amounting to 250 tonnes, shall be
                shared among the Member States; the respective shares
                which, subject to Article 5, shall be valid until 31
                December 1970, shall be as follows:
                       Bénélux                            7 tonnes
                       Denmark                            7 tonnes
                       Germany                           14 tonnes
                       France                             1 tonne
                       Ireland                            7 tonnes
                       Italy                              1 tonne
                       United Kingdom                   150
                                                        1^0 tonnes
                                                            tonnes
                3. The second instalaent, aeounting to 63 tonnes shall
                constitute the reserve.
 ---pagebreak---                                                         ANNEX A
                         Article 3
                                                     y"
If 90% or , more of a Member States'initial share as specified
in Article 2(2 ) / or 90% of that share minus the portion returned
to the reserve where Article 5 is applied, has been used up , then ,
to the extent 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 .
If , after          its initial share has been used up , 90% or 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 para­
graph 1 , draw a third share equal to 7,5% of its initial share ,
rounded up where necessary to the next unit .
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 with the conditions laid down in para- %
graph 1 , draw a fourth share equal to the third .
This process shall continue until the reserve is used up .
                                   • •
By way of derogation from paragraph 1 to 3 , a Member State may
draw shares smaller than those fixed in those paragraphs if
there is reason to believe that those might not be used up .
It shall inform the Commission of its reasons for applying
this paragraph .
 ---pagebreak---                                - 5 -                           ANNEX A
                                                                              /
                             Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1979 .
                                        '1             > \
                             Arti cle 5
The Member States shall return to the reserve , not later * than
1 October 1979, such unused portion of their initial share ^ s ,
on 15 September 1979 , is in excess of 20% of the initial volume .
They may return a larger quantity if there are grounds for
believing that it may not be used .
The Member States shall , not later than 1 October 1979, notify '
the Commission of the total quantities of the products in question <r
up to 15 September 1979 and charged against the Community quota ,
and of any quantities of the initial shares returned to the reserve .
                   ι                                     *
                             Article 6              -
                                                                        <   «
The Commission shall keep an account of the shares opened by the
                                   \                       '              x
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each Member State of the extent to which
the reserve has been used up .
It shall inform the Member States , not later than 5 October 1979 ,
of the amount in the reserve after quantities have'been returned            ■
pursuant to Article 5 . '                                           .
                                                             «        >
The Commission shall ensure that any drawing which uses up the
 reserve is limited to the balance available , and to this end
 shall indicate the amount thereof to the Member State which
makes such last drawing .                  ,
 ---pagebreak---                                                                ANNEX A
                              Article 7
1.     The Member States shall take all measures necessary to ensure
       that additional shares drawn pursuant to Article 3 are opened
                                          ■                      i
       in such a way that imports may be charged without interruption
       against their accumulated shares of the Community quota .
                                                         \
2.     The Member States shall ensure that importers of the products
       in question established in their territory have free access ,
       to the shares allocated to them .
3.    The Member States shall charge imports of the products in
      question on their shares as arid when the products are entered
       with the customs authorities for home use .         .
4.    The extent to which a Member State has used up its share shall
      be determined on the basis of the imports charged in accordance
      with paragraph 3 .
                              Article 8
                                                   _   /
At the request of the Commission , the Member States shall inform it'
of imports of the products concerned actually charged against their
shares .
                               Article 9
The Member States and the Commission shall cooperate closely in
order to ensure compliance with this Regulation .
                               Article 10
This Regulation shall enter into force on 1 January 1979 ..
                             .                               •      /
     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 B
                                                    Proposal for a
                                            COUNCIL REGULATION (EEC) _ ~ _
                      opening, allocating and providing for the administration of a Community tariff quota for
                   .. certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff,
                                                           originating in Cyprus ( 1979 ) -
         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
         Having regard to the Treaty establishing the European
         Economic Community, and in particular Article 113
         thereof,                                        •
         Having regard to the proposal from the Commission,
        Whereas Article 4 of the Supplementary Protocol to the Agreement
        establishing an Association between the European Economic Community                                    "
                                                                       •<          -                {
        and the Republic of Cyprus ( 1 ) provides for* the opening of an annual
        duty-free Community tariff quota of 500 tonnes of certain dried grapes
         falling within subheading 08.04 B I of the Common Customs Tariff ,
        originating in Cyprus ; whereas this Community tariff quota should
        be opened for the year 1979 ;
        Whereas it is in particular necessary to ensure for all Community
         importers equal and uninterrupted access to the abovementioned qupta
        and uninterrupted application of the rates laid down for that quota
        to all imports of the products concerned into all Member States until
        the quota has been used up ; whereas , having regard to the above prin­
        ciples , the Community nature of the quota can be respected by : alloca­
        ting the 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 , such allocation should be in proportion
        to the requirements of the Member States , calculated by reference to
        the statistics for imports from                                   o'ver a representative reference
        period and also to the economic outlook for the quota period concerned
< 1 > 0J N°L 172 of 28.6.1978, p. 2
 ---pagebreak---                                 - 2 -                        ANNEX B
Whereas , however , neither Community nor national statistics showing
the breakdown for the products in question are available and no •
reliable estimates of future imports can be made ; whereas , in
these circumstances , the quota should be allocated in initial
shares , on the likely 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 .
volume should be divided into two instalments , the first
being shared among the Member States and the second constitu-.
ting a reserve to cover at a later date the requirements of'
Member States which have used up their initial quota shares ;
whereas , in order to give importers in each Member State a
certain degree of security , the first instalment of the
Community quota should , under the present 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 its initial 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 positipn
to monitor the extent to which the quota volume has been used up
and to inform the Member States thereof ;                 '
 Whereas if , at a given date in the quota period ,, a substantial
 quantity of an initial share remains unused in any Member State ,
  it is essential that that Member State should return a signifi­
 cant proportion to the reserve , to prevent a part of any Community
 quota from remaining unused in one Member . State when it could be
                                                Ν
 used in others ;          '
 ---pagebreak---                                                                                 ANNEX B
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by
the Benelux Economic Union , any operation relating to the administra­
tion of the quota shares allocated to that economic union may be
carried out by any of its members ,
HAS ADOPTED THIS REGULATION :
                                           Article 1
                  From 1 January to 31 December 1979, the Common
                  Customs Tariff duty for the following products
                  originating in Cyprus shall be totally suspended within
                  the limits of a Community tariff quota of 500 tonnes.
                        ccr
                       heading                      Description
                         No
                      08.04         Grapes, fresh or dried:
                                    B. Dried :
                                        I. In immediate containers of a net
                                           capacity of 15 kilograms or less
                                           Article 2
                  1 . The Community tariff quota referred to in Article 1
                  shall be divided into two instalments.                   ■
                  2. The first instalment , amounting to 375 tonnes, shall be
                  shared among the Member States; the respective shares
                  which, subject to Article 5, shall be valid until 31        ,
                  December 1979 shall be as follows:
                           Bénélux                              10 tonnes
                           Denmark                              10 tonnesi
                           Germany                              20 tonnes
                           France                               10 tonnes
                           Ireland                              10 tonnes
                           Italy                                 2. tonnes
                           United Kingdom                     313 tonnes
                  3 . The second tranche of 125 tonnes shall constitute th6
                  reserve.
 ---pagebreak---                           - L -                        ANNEX B
                         Article 3
If 90% or more of a Member States' initial share a,s specified
in Article 2 ( 2 ), or 90% of that share minus the portion
returned to the reserve where Article 5 is applied , has been
used up , then, to the extent 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 this next unit .
If , after         its initial share has been used up , 90V, <.?
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 third share
equal to 7,5% of its initial share , rounded up where
necessary to the next unit .
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 with the condi­
tions laid down in paragraph 1 , draw a fourth share equal
to the third .         x
This process shall continue until the reserve is used up .
By way of derogation from paragraphs 1 to 3 , a Member State
may draw shares smaller than those fixed in those paragraphs
if there is reason to believe that those might not be used up
It shall inform the Commission of its reasons for . applying
this paragraph .
 ---pagebreak--- -
                                 - 5 -                         ANNEX B
                              Article 4
  Additional shares drawn pursuant to Article 3 shall be valid until
  31 December 1979 .           ;
                              Article 5
  The Member States shall return to the reserve , not later than
  1 October 1979 , such unused portion of their initial share as ,
  on 15 September 1979 , is in excess of 20% of the initial volume .
  They may return a larger quantity if there are grounds for belie­
  ving that it may not be used .           v
  The Member States shall , not later than 1 October . 1979 , notify
                                         . ι
  the Commission of the total quantities of the products in
  question\up to 15 September 1979 and charged against the
  Community quota , and of any quantities of the initial shares
  returned to the reserve .
                                 Article 6
  The Commission shall keep an account of the shares opened by
  the Member States pursuant to Article 2 and 3 and shall , as
  soon as it is notified, inform each Member State of the extent
  to which the reserve has been used up .
  It shall inform the Member States , not later than 5 October 1979,
  of the amount in the reserve after quantities have been returned
  pursuant to Article 5 .
                                                            «       i
  The Commission shall ensure that any drawing which uses up the
  reserve is limited to the balance available , and to this end
  shall indicate the amount thereof to »the Member State which
  makes such last drawing .
 ---pagebreak---                               - 6 -                           ANNEX B
                            Article 7
1.     The Member States shall take all measures necessary 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 shares of the Community quota .
2.     The Member States shall' ensure that importers of the products
       in question established in their territory have free access
       to the shares allocated to them .
                                                                      /
3.    The Member States shall charge imports of the products -:i
      question on their shares as and when the products are entered
       with the customs authorities for home use .
4. „  The extent to which a Member State has used up its share shall
      be determined on the basis of the imports charged in accordance
      with paragraph 3 .
                            Article 8
At the request of the Commission ^ the Member States shall inform it
of imports of the products concerned actually charged against their
shares .
                            Article 9
The Member States and the Commission shall cooperate closely in
order to ensure compliance with this Regulation . '
                            Article 10                     '•
This Regulation shall enter into force on 1 January 1979 ..
     This Regulation shall be binding in its entirety and
     directly applicable in all Member States .
Done at Brussels .                              For the Council
                                                The President