CELEX: 51991PC0472
Language: en
Date: 1991-11-27
Title: Proposal for a COUNCIL REGULATION ( EEC ) opening and providing for the administration of a Community tariff quota for fresh strawberries originating in the occupied territories and laying down the procedure applicable to certain agricultural products subject to reference quantities originating in the said territories ( 1992 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    C0M(91) 472 final
                                                    Brussels, 27 November 1991
1SI§K885
                                        Proposal for a
                                   COUNCIL RFEHLAT10N (EEC!
                        opening and providing for the administration
                     of a Community tariff quota for fresh strawberries     .
                originating in the occupied territories and laying down the
                   procedure applicable to certain agricultural P ' f £ £ | t o r I a t
            subject to reference quantities originating in the said territories
               J
                                            (1992)
                                 (presented by the Commission)
 ---pagebreak---                                     m  *\ —.
                            EXPLANATORY MEMORANDUM
1.  Council   Regulation    (EEC) No 1134/91         on   the   tariff    arrangements
applicable to imports into the Community of products originating in the
occupied territories and repealing Regulation (EEC) No 3363/86 provides
for  duties   on   imports   of   fresh     strawberries     and   the    agricultural
products   set   out   in   the   Annex     and   originating      in   the    occupied
territories     to   be    eliminated        in   two     equal     instalments,      on
1 January 1992 and 1 January 1993, and within the periods indicated.
2.  Duties on strawberries falling within CN code 0810 10 90 are to be
eliminated    within    the    limits     of    a   Community     tariff     quota    of
1 200 tonnes.
The agricultural products set out in the Annex are subject to Community
surveillance    within   a   framework      of   reference    quantities      and  pre-
established timetables.
3.  As regards the administration of the tariff quota, it is proposed
that the entire volume of the quota form a Community reserve to which
all Member States would have access according to the procedure                      laid
down in Article 3 of the proposed Regulation.
With regard to the procedure applicable to the agricultural products,
Article 3(2) of Regulation 1134/91 provides that where                 imports of one
of  these   products    exceeds    the    reference     quantity,     the   product    in
question may be made subject         to a Community        tariff quota which will
apply  to a quantity       equivalent      to   the   reference    quantity,     if the
amounts imported appear      likely to cause difficulties            in the Community
market.
 ---pagebreak---                                  _ 2 -
4.  The system of surveillance planned for these reference quantities
does not entail the adoption of common rules other than those currently
applied uniformly by all Member States in the matter of the Community's
external   trade  statistics.  Given   that   reference  quantities   are
generally  opened  for   less than   a  calendar   year, the   Commission
departments responsible for examining whether a product should be made
subject to a tariff quota can obtain the requisite statistics from the
Statistical Office of the European Communities.
 ---pagebreak---                                       Proposal for a
                               COUNCIL REGULATION (EEC)
                    opening and providing for the administration
                of a Community tariff quota for fresh strawberries
          originating in the Occupied Territories and laying down the
               procedure applicable to certain agricultural products
      subject to reference quantities originating in the said territories
                                           (1992)
   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 Council Regulation (EEC) No 1134/91 of 29 ApriI 1991
   on the tariff arrangements applicable to imports into the Community of
   products     originating      in   the   occupied  territories   and   repealing
   Regulation      (EEC) No 3363/86,1      and  in particular   Articles  2  and  3
   thereof,
   Having regard to the proposal from the Commission,
   Whereas     Article 2 of     Regulation    (EEC) No 1134/91   provides  for  the
   elimination of customs duties on imports of the agricultural products
   set out in Annex If thereto and originating in the occupied territories
    in two equal      instalments, on     1 January 1992 and   1 January 1993, and
   within the periods indicated for each product; whereas therefore it is
   appropriate to open on 1 January 1992 the Community tariff quotas laid
   down    for   the said   products    as,      per       the pro   rata  temporis
caLcuLation, volumes have reached the levels indicated in Article 1 and the
   Annex to this Regulation;
    1    OJ No L 112, 4.5.1991, p.1
 ---pagebreak---                                      -M -
Whereas duties on strawberries falling within CN code 0810 10 90 are
eliminated    within     the    limits    of   a   Community    tariff    quota    of
1 200 tonnes;
Whereas equal and continuous access to the quota should be ensured for
all Community    importers and the rate laid down for the quota should be
applied consistently to all         imports of the products      in question     into
all  the Member     States until     the quota     is exhausted; whereas       it is
appropriate    to    take   the    necessary    measures   to   ensure    effective
Community administration of this tariff quota while offering the Member
States the opportunity       to draw     from   the quota volume     the necessary
quantities   corresponding      to actual     imports; whereas     this method     of
administration requires close cooperation between the Member States and
the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands
and  the Grand     Duchy   of   Luxembourg     are  united   within,   and   Jointly
represented by, the Benelux Economic Union, any operation concerning
the administration of the quota may be carried out by any one of its
members;
Whereas  the products set out         in the Annex are subject        to Community
surveillance    within    a   framework    of   reference   quantities     and   pre-
established timetables;
Whereas,   in order     to   enable    the   competent   authorities    within    the
Commission to establish an annual trade balance sheet for each of the
products and,     if necessary, to put        into application    the arrangement
provided  for   in Article 3(2) of the above-mentioned Regulation               (EEC)
No 1134/91, these products are subject to a statistical surveillance in
accordance    with    Council     Regulation     (EEC)   No 2658/871     and    (EEC)
No 1736/75;2
Whereas  imports of the products          in question are charged against         the
reference quantities at Community          level as and when the products are
entered with the customs authorities for free circulation,
1   0J No L 256, 7.9.1987, p.1.
2   0J No L 183, 14.7.1975, p.3
 ---pagebreak---                                    - <r~
HAS ADOPTED THIS REGULATION:
                                  Article 1
The customs duty applicable to        imports   into the Community of fresh
strawberries originating in the occupied territories shall be suspended
at the levels indicated below and within the limits of the Community
tariff quota as shown below:
  Order No    CN code            Descr ipt ion          Amount of       Quota
                                                           quota      duty (%)
09.1381     0810 10 90 Fresh strawberries from             720
                         1 January to 31 March 1992
                                   Article 2
The tariff quota referred to in Article 1 shall be administered by the
Commission, which may      take any    appropriate measure with      a view    to
 ensuring the efficient administration thereof.
                                   Art icle 3
 If an importer presents, in a Member State, a declaration of entry into
 free circulation    including a request     for preferential   benefit    for a
 product   covered   by   Article 1    of  this    Regulation,   and    if   this
 declaration   is accepted by the customs authorities, the Member State
 concerned shall draw, from the tariff quota, by means of notification
 to the Commission, a quantity corresponding to these needs.
 The requests for drawing, with the indication of the date of acceptance
 of the said declaration, must be communicated to the Commission without
 delay.
 The drawings are granted by the Commission on the basis of the date of
 acceptance of the declaration of entry         into free circulation by the
 customs authorities of the Member State concerned, to the extent that
 the available balance so permits.
 ---pagebreak---                                       - G.
If a Member State does not use the quantities drawn, it shall return
them as soon as possible to the tariff quota.
If the quantities required are greater than the available balance of
the tariff quota, allocation shall be made on a pro rata basis with
respect   to   the   requests.   Member    States   shall   be   informed   by   the
Commission of the drawings made.
                                     Article 4
1.   Imports into the Community of certain products originating               in the
occupied territories shall be subject to reference quantities and to a
statistical surveillance.
The products referred to in the first subparagraph, their CN codes, the
periods of validity and the levels of the reference quantities are set
out in the Annex.
2.  Quantities shall      be charged against      the   reference quantities as
and   when   products    are  entered    with   customs    authorities    for   free
circulation and accompanied by a movement certificate.             If the movement
certificate     is submitted    a posteriori,     the goods     shall   be  charged
against   the corresponding reference quantity at the moment when the
goods are entered for free circulation.
The extent     to which    the reference quantities are used          up shall    be
determined    at Community     level  on   the basis of      the  imports   charged
against    them   in  the manner    defined    in  the   first   subparagraph,    as
communicated    to the Statistical Office of the European Communities in
application of Regulations (EEC) No 2658/87 and (EEC) No 1736/75.
                                     Art icle 5
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with.
                                     Article 6
This Regulation shall enter force on 1 January 1992.
This   Regulation     shall   be   binding    in   its   entirety    and   directly
 ---pagebreak---                                  - '4
applicable in all Member States.
Done at Brussels, ...
                                      For the CounciI
                                      The President
 ---pagebreak---                                         - € - ANNEX
Order         CN code             Tarie        Descri p t i o n Va 11d11 y    Reference
                                  code                                        quantity
 No                                                                           (tonnes)
  U>               UJ             13;                tk)             0')         U)
18.0310 ex07020010 *                31    Tomatoes* fresh         1 . 1-31.3        7 50
                                  * 39    or c h i l l e d
                                  * 41
                                  * 49
                                  * 51
                                  * 59
                                  * 61
                                  * 69
                                        Aubergines,
1 8 . 0 3 2 0 e x 0 7 0 9 3 0 0 0 * 20 fresh or                   15.1-30.4      3 000
                                  * 30 c h i l l e d
1 8 . 0 330 e x 0 7 0 9 6 0 1 0 *   11    Sweet peppers           1 . 1-31.12    1 000
                                  * 19
                                  * 20
                                  * 30
1 8 . 0 3 4 0 e x 0 7 0 9 9 0 7 0 * 10   Courgettes,              1. 1-29.2         200
                                  * 20   fresh or
                                         chilled
18.0350 ex08051011 *                10   Oranges, fresh
                                  * 90                            1.1-31.12     25 000
               ex08051015 *         10
                                  * 90
               ex08051019 *         10
                                  * 90
                  08051021
                  08051025
                  08051029
               ex08051031 *         10
                                  * 80
               ex08051035 *         10
                                  * 80
               ex08051039 *         10
                                  * 80
               ex08051041 *         12
                                  *  13
                                  *  18
                                  * 91
                                  * 98
               ex08051045 *         12
                                  * 13
                                  * 18
                                  * 91
                                  * 98
 ---pagebreak---                              -g-
  Ï)        O)       (3)        (4/          (S)     (€>)
         ex08051049l   12
                       13
                       18
                       91
                       98
         ex08051070    11
                       13
                       14
                       18
         ex08051090    11
                       19
18.036CH ex08052010 *  31                  1.2-31.12   500
                     * 33  Mandar ins
                            (including
                     * 35
                            tangerines and
                     * 37
                            satsumas);
         ex08052030 *  31
                            clement ines,
                     * 33  wi I Icings and
                     * 35   similar citrus
                     * 37   hybrids, fresh
         ex08052050 *  31
                     * 33
                     * 35
                     *  37
         ex08052070| * 31
                     * 33
                       35
                       37
         ex08052090    11
                       12
                       13
                       14
                       51
                       53
                       55
                       57
                           Lemons (Citrus               800
18.0370 ex08053010 * 10    Iimon, Citrus
                                           1.1-31.12
                           Iimonom), fresh
 18.0380  ex08071090    12  Melons, fresh  1.1-31.5  6  000
                        13
                        14
                        23
                        24
                        31
                        33
                        34
                        43
                        44
 ---pagebreak---                               FINANCIAL STATEMENT
1. Budget heading: Chapter 12, Article 120
2. Legal basis: Article 113 of the Treaty
3. Title of the tariff measure:       Proposal for a Council Regulation
   opening and providing for the administration of a Community tariff
   quota    for    fresh    strawberries   originating    in  the   occupied
   territories and      laying down the procedure applicable      to certain
   agr i cuIturaI products subject to reference quant i t i es or i g inat i ng
   in the said territories (1992)
4. Aim: Fulfilment of a commitment arising from a Council Regulation
5. Ca1cu1 a t i on me t hod :
   CN code:                                ex 08010 10 90
   Volume of quota in tonnes:              720
   Duty to be applied:                     7%
   CN duties:                              14%
   Average estimated price in ECU/t:       2 252
6. Loss of revenue:
   The total loss of revenue from fresh strawberries for 1992 will be
   ECU 113 500.
   The application of the other provisions of this Regulation gives
   rise to no further loss of revenue.
 ---pagebreak---  ---pagebreak---                                           •^                         ISSN 0254-1475
                                                              COM(91) 472 final
                                                      DOCUMENTS
EN                                                                         03 02
                                 Catalogue number : CB-CO-91-530-EN-C
                                                             ISBN 92-77-77880-6
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