CELEX: 51980PC0119
Language: en
Date: 1980-03-19
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, ORIGINATING IN TURKEY (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 119
Vol. 1980/0038
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                       .
                                                            COM(80)119 final             ,
                                                            Brussels - 19th March 1980
                                                     I
                     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 /                ORIGINATING IN TURKEY
                  (presented by the Commission to the Council )
                                       I. ^   y-,, /    ^
                                •         %,t > "■ ■ -J
                                v •* *     ^           ^
                                             %- ' ^
COM ( 80 ) 119 final
 ---pagebreak---                           Explanatory memorandum
  "I .    Article 13 of' Council Reputation ( EEC ) No 1180/ 77 of 17 May' 1977
 on imports into the Community of certain agricultural products origina-
                * 1
 ting in Turkey provides for the opening , with effect from 1 July 1977 ,
 of      annual Community tariff quota of 90 tonnes , for apricot pulp
 tailing within subheading ex 20.06 8 II c ). 1 aa ) of the Common Customs
 Tariff , 'originating in Turkey , at a duty corresponding to 70% of the
 customs duties actually applied in respect of non-member countries , -v
          Such a quota was opened for the period from 1 July 1979 to 30 June
 1980 by Regulation ( EEC ) No 1 1 84/79 of 12 June 197 92.
"2 .      The aim of this proposal is to open the quota concerned for the
 period from 1 July 1980 to 30 June 198%
 3.       In accordance with the principles normally followed , the allocation
 of the quota volume among the Member States should be based on previous
 and foreseeable imports by the Member States , specifically those origina­
 ting in or coming from Turkey . Imports of these products from Turkey
 have been negligible or non-existent fin recent years . Furthermore ,
 the Member States cannot make forecasts for the quota period under
 consideration .                                        -
                                           '      »
          Consequently , pending a more Community-based administration of .
 this quota , based on the experience acquired , the
 Commission considers that it can propose the extension of the system
 adopted by the Council for the current quota period , namely the allo­
 cation of a large portion of the quota volume to the Community reserve
 and the allocation of equal initial quota-shares , corresponding to
 one - seventh of the remainder of the q^ota , to the Member States .
                       •'   -  -  . •   .                   y      •            i ' '
 m                                                                        •
    0J No L 142 , 9 June 1977, p. 10 .                                        .
 20J No L 148, 16 June 1979, p. 9.
                            ·■        ι      '
 ---pagebreak---                                             Proposal for a
                                   COUNCIL REGULATION ( EEC)
               opening, allocating and providing for the administration ot 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 Turkey
THE COUNCIL OF THE EUROPEAN                          <     sentative figures for previous years ; whereas,
COMMUNITIES,                                               consequently, the only solution seems to be to allo­
                                                           cate part of the quota volume to the Community
                                                           reserve and to allocate one seventh of the balance to'
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113          the Benelux countries, Denmark, Germany, France,
thereof,                                           '       Ireland, Italy and the United Kingdom ;
Having regard to the proposal from the Commission,         Whereas the initial shares may be used up fairly
                                                           quickly ; whereas, therefore , to avoid disruption of
                                                           supplies, any Member Slate which has almost used up
Whereas Article 13 of Council Regulation (EEC) No          its initial share shall draw a supplementary share from
1 180/77 of 17 May 1977 on imports into the Commu­         the Community reserve ; whereas this must be done
nity of certain agricultural products originating' in      by each Member State as each one of its supplemen­
Turkey ( ' ) provides for the opening by the Commu­        tary shares is almost used up, and as many times as
nity, with effect from 1 July 1977, of an annual           the reserve allows ; whereas the initial and supplem^h-
Community tariff quota of 90 tonnes for apricot pulp,      tary shares must be valid until the end of the quota
falling within subheading ex 20.06 B II c) I aa) of the     period ; whereas this form of administration requires
Common Customs Tariff and originating in Turkey ;          close collaboration between the Member States and
whereas the customs duties applicable within the           the Commission , and the Commission must be in a
limits of that tariff quota correspond to 70 % of the      position to follow the extent to which the tariff quota
customs duties actually applied in respect of non-          has been used up and inform the/' Member States
member countries ; whereas the tariff quota in ques­       thereof ;
tion should therefore be opened for the abovemen-
tioned volume for the period 1 July ! 9&0to 30 June
 19 81;                             ~                      Whereas, if at a given date in the quota period a
                                                            considerable quantity of a share remains in any
                                                            Member State, it is essential that that State should
Whereas it is in particular necessary to guarantee all      return a significant proportion to the reserve in order,
importers of the Community equal and uninterrupted          to avoid part of the Community quota remaining
access to the quota and uninterrupted application of        unused in one Member State when it could be used in
the rates laid down for that quota to ail imports of the    others ;
product in question into the Member States until the
quota has been used up ; whereas having regard to the
above principles the Community nature of the quota          Whereas since the Kingdom of Belgium, , the
can be respected by allocating the tariff quota among       Kingdom of the Netherlands and the Grand Duchy of
the Member States ; whereas, to reflect most accurately     Luxembourg are united in and represented by the
the actual development of the market in the products        Benelux Economic Union , all transactions concerning
                                                            the   administration     of  shares  allocated to   that
in question , such allocation should be in proportion
to the requirements of the Member States, assessed by       economic union may be carried out by any one of its
reference both to the statistics relating to imports        members,
from Turkey over a representative reference period
and to the economic outlook for the quota period
concerned ;                                     <
                                                            HAS ADOPTED THIS REGULATION :
Whereas, during the last three years for which .statis­
tics are available, the corresponding imports of each
Member State from Turkey have been negligible or                                     Article 1
 non-existent ; whereas those data cannot therefore be
considered as representative to serve as a basis for allo­
cation of the quota volume among the Member                  I. From 1 July i9 80until 30 June 1981 a Commu­
States ; whereas it is difficult to estimate imports by     nity tariff quota of 90 tonnes shall be opened in the
Member States because of the absence of truly repre-        Community for apricot pu|p, falling within
                                                            subheading ex 20.06 B II c) 1 aa) of the Common
( ' ) OJ No L 142, 9. 6. 1977, p. 10.                       Customs Tariff and originating in Turkey.
 ---pagebreak---                                                        - 2 -
2. Within the limits of this tariff quota, the                                        Article 4
Common Customs Tariff duty applicable to these
products shall be partially suspended it * rate of           Supplementary shares dfawn pursuant to Article 3
11-9% .                                                      shall be valid until 30 June 1981 .
                            Article 2                                                  Article 5
1.     A first instalment of 70 tonnes shall be allocated    The Member States shall return to the reserve; not
among the Member States ; the shares, which subject           later than 1 April 1981 , the unused portion of their
to Article 5 shall be valid from 1 July 19 80to-30            initial share which, on 15 March 1981 , is in excess of
June 1981, shall be as follows :.                             20 % of the initial amount. They may return a larger
                                              (tonnes)        quantity if there are reasons to believe that such quan­
         Bénélux                                 10           tity might not be used.
         Denmark                                 10
         Germany                                 10           Member States shall, not later than 1 April 1 98 -j
         France                                  10
         Ireland                                 10
                                                              notify the Commission of the total quantities of the
                                                              said goods imported up to and including 15 March
         Italy                                   10      .     1981 and charged against the Community tariff quota
         United Kingdom                          10            and any quantities of the initial shares returned to the
                                                               reserve .
2.     The second instalment of 20 tonnes shall consti­
tute the Community reserve.
                                                                                       Artide 6
                             Article 3        i                The Commission shall keep an account of the shares
                                                               opened by the Member States pursuant to Articles 2
 1.     If 90 % or more of a Member State s initial share      and 3 and shall , as soon as it ha;' been notified, inform
 as specified in Article 2 ( 1 ), 01 of that share minus the ^ each State of the extent to which the reserve has been
 portion returned to the reserve where Article 5 is            used up.
 applied, has been used up, that Member State shall
 without delay, by notifying the Commission, draw a             It shall inform the Member States not later than 5
 second share equal to 15% of its initial share,               April 1981 of the amount still in reserve after
 rounded up where necessary to the next unit, to the           amounts have been returned thereto pursuant to
 extent permitted by the amount of the reserve.                Article 5.
 2.     If, after its initial share has been used up, 90 %      It shall ensure that the drawing which uses up the
 or more of the second share drawn by a Member State            reserve is limited to the balance available and to this
 has been used up, that Member State shall , in accor­          end shall specify the amount ihereof to the Member
 dance with the conditions imposed by paragraph I ,             State making the last drawing.
 draw a third share equal to 7-5 % of its initial share,
  rounded up where necessary to the next unit.
                                                                                        Article 7
  3.     If, after its second srhare 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 accor­          1.   Member States shall take all measures necessary
  dance with the same conditions, draw a fourth share           to ensure that supplementary shares drawn pursuant
  equal to the third.             ■                             to Article 3 are opened in such a way " that imports
                                                                may be charged without interruption against their
                                                                accumulated shares in the Community tariff quota.
  This process shall continue to apply until the reserve
  is used up.
                                                                2.    Member States shall ensure that importers of the,
  4. By way of derogation from paragraphs I , 2 and             said goods established in their territory have free
                                                                access to the shares allocated to them .
  3, a Member State may draw shares smaller than those
   fixed in those paragraphs if there are grounds for
   believing that those fixed may not be used up. It shall      3.    Member States shall charge imports of the said
   inform the Commission of its reasons for applying            goods against their shares as and when such goods are
   this paragraph.                                              entered                   for free circulation
 ---pagebreak---                                                      - 3 ~
4.    The extent to which a Member State has used up                               Article 9
its share shall be determined on the basis of imports
charged in accordance with paragraph 3.                      Member States and the Commission shall cooperate
                                                             closely in order to ensure that this Regulation is
                                                             observed .
                       Article 8
At the request of the Commission , Member States                                   Article 10
shall inform it of imports of the products concerned
actually charged against their shares.                       This Regulation shall enter into force on I July 1980 ,
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Donne at Luxembourg,
                                                                        For the Council
                                                                         The President
                                            1
 ---pagebreak--- FICHE FINANCIERE
                               J                             ~     '' '
1 . Ligne budgétaire concernée : Chap . 12 art * 120 • *         •          • - ' %
2 . Base juridique : Art . 113
3 . Intitulé de la mesure tarifaire :
          Proposition de règlement du Conseil portant ouverture , répartition et
          mode de gestion d' un contingent tarifaire de pulpes d' abricots ,
          originaires de Turquie •                                      •
4 . Objectif :                                     '
          Assurer le respect des engagements contractés par la Communauté .
5 * Mode de calcul :
     - N° du T.D.C.          ■ " ,   :  ex 20.06 B II c ) 1 aa )
     - Volume du      contingent        '0 tonnes
    "-'Droits à appliquer            : 11 /9 %
     - Droits du T.D.C.              :  1? ^
6 . Perte de recettes :
                                                                   t
                                 *\                          *
                                                                          ♦
          Valeur des marchandises : 398,65 UCE x 90 s 35.8 80 UCE
          Perte de recettes         ï35.880 UCE x 5,1 % = 1 . 830 UCE