CELEX: 51981PC0271
Language: en
Date: 1981-05-27
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 and originating in Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 271
Vol. 1981/0090
 ---pagebreak--- Disclaimer
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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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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(81)271 final
                                                         Brussels . 27 May 1981
                                   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 and originating in Turkey
                 ( submitted to the Council by the Commission )
                                                VA
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COM ( 81 ) 271 final
 ---pagebreak---                       -  EXPLANATORY MEMORANDUM
1 . Article 13 of Council Regulation (EEC) N° 562/81 of 20 January 1981 on
      the reduction of customs duties on imports into the Community of
      certain agricultural products originating in Turkey ^ provides for the
      opening, wifh effect from 1 January 1981 to 31 December 1982 of an
      annual Community tariff quota of 90 tonnes at a rate of 8.3 %, for
      apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the
      Common Customs Tariff, originating in Turkey.             ,
                                      »
      Such a quota was opened for the period from 1 July 1980 to 30 June 1981
      by Regulation (EEC) , N° 1639/80 of 24 June 1980            amended by
- Regulation (EEC) N° 564/81 of 20 January 1981 (3).
2. The aim of this proposal is to open the quota concerned for the period
      from 1 July 1981 to 30 June 1982. •
3. The tariff quota concerned may be modified in the light of current
   . negotiations with the contracting country for the conclusion of an
      Adaptation Protocol to the abovementioned Agreement. Pending the
      outcome, the proposed Regulation enables the engagements contracted
      by the Community to be respected.
      The Commission therefore reserves the right to modify the proposal in
      the course of the proceedings in order to adapt it, as necessary, to the
      Adaptation Protocol.        , '
4. 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 origi­
      nating in or coming from Turkey. Imports of these products from Turkey
      have been negligible or non-existent in recent years. Furthermore, the
      Member States cannot make forecasts for the quota period under
      consideration.
( 1 ) OJ N * L 65, 11.03.1981 , p. 1
(2) OJ N° L 163, 28.06.1980, p. 7
(3) OJ N° L 65, 11.03.1981 , p. 46
 ---pagebreak--- Cor.^cq:.iently , pending a more Community-based administration of this
quoto , based on the experience acquired , the Commission considers that
if ce > propose the extension of the system adopted by the Council for
ti e c^rent quota period , namely the allocation of a large portion of the
quota volumo to the Community reserve and the allocation of equal
ini.'dl quota-shares , corresponding to one-seventh of the remainder of
t:>e quota , to the Member States .
 ---pagebreak---                                             Proposal for a
                                   COUNCIL REGULATION (EEC)
               oeefting. sUeeaeing and previding fet Sh« administration of a Comsriunity ^riif
               quota for apricot pulp falling within subheading ex 20,0*5 B U ©) \ ftft) 91
                               Common Customs Tariff and originating in Turkey
                                                              S
  THE COUNCIL OF THE EUROPEAN
  COMMUNITIES,
                                      I   (
                                                                                            \
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113                            ,
  thereof,
  Having regard to the proposal from the Commission,
                                      V
' Whereas the Annex to Council Regulation ( EEC ) No
   562 / 81 of 20 January 1981 on the reduction of
   customs duties                .      '   • . .u n
                            ■ on imports into the Commu­
    nity of certain agricultural products originating in
    Turkey (') provides for the opening by the Commu­
    nity, with effect from
                              1 January 1981, of an annual Community tariff
   quota of 90 tonnes at a rate of 8.3 % for apricot pulp falling
   within subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
   Tariff , originating in Turkey ; whereas such a quota has been
   opened for the period up to 30 . June 1981 by Regulation ( EEC )
   N° 1639 /80 ( 2 ), amended by Regulation ( EEC ) N° 564 /81 ( 3 ) ;
                          whereas the tariff quota in ques­
      tion should therefore be opened for the abovemen-     _
      tioned volume for the period ,1 July 1981 to 30 June
      1982 ;     ■   -
   Whereas , since a Protocol as provided for in Article 118 of the
   1979 Act of Accession does not exist , the Community has adopted
   the measures envisaged in Article 119 of that Act in Council
    Regulation ( EEC ) No 3555 / 80 ( A ) determining the arrangements to
    be applied to imports into Greece originating in Turkey ; whereas
    the tariff measure concerned will , therefore , apply to the
    Community of Nine ;             <
      (1 )  OJ  N°   L 65 , 11 . 3.1981 , p. 1 .
     -( 2 ) 0J  N°   L 163 , 28.6.1980 , p. 7
      (3 )  0J  N°   L 65 , 11 . 3.1981 , p. 46
      (4)   0J  N°   L 382 , 31.12.1980 , p. 1
 ---pagebreak---      herc-iS ;t is in particular necessary to guarantee all
  importers of the Community equal and uninterrupted
  access to the quota and uninterrupted application of
  the rates laid down for that quota to all imports of the
  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
  can be respected by allocating the tariff quota among
  the Member States ; whereas, to reflect most accurately
  the actual development of the market in the products
  in question, such allocation should be in proportion
  to the requirements of the Member States, assessed by
  reference both to the statistics relating to imports
  from Turkey over a representative reference period
 and to the economic outlook for the quota period
 concerned :
 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
 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
 States ; whereas it is difficult to estimate imports by
 Member States because of the absence of truly repre­
sentative     figures   for   previous   years ; whereas,
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
the Benelux countries, Denmark, Germany, France,
Ireland, Italy and the United Kingdom ;
Whereas the initial shares may be used up fairly
quickly ; whereas, therefore, to avoid disruption of
supplies any Member State which has almost used up
its initial share, shall draw a supplementary share from
the Community reserve ; whereas this must be done
by each Member State as each one of its supplemen­
tary shares is almost used up, and as many times as
the reserve allows ; whereas the initial and supplemen­
tary shares must be valid until the end of the quota
period ; whereas this form of administration requires
close collaboration between the Member States and
the Commission , and the Commission must be in a
position to follow the extent to which the tariff quota
has been used up and inform the Member States
thereof ;
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
return a significant proportion to the reserve in order
to avoid part of the Community quota remaining
unused in one Member State when it could be used in
others ;
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 measure
concerning the administration of the shares allocated
to that economic union may be carried out by any
one of its members,
 ---pagebreak---                                                - 3 -
HAS ADOPTED THIS REGULATION                     :
                                          Art i c Le 1
1.    From 1 July 1981 until 30 June 1982 a Community tariff quota
      of 90 tonnes shall be opened in the Community of Nine for
      apricot pulp falling within subheading ex 20.06 B II c ) 1 aa )
      of tne Common Customs Tariff and originating in Turkey .
                         ,   «
2. Within the limits of this ^ tariff quota the -
Common Customs Tariff duty applicable to these
products shall be partially suspended at a rate of
 8.3 % .
                        Article 2
1.    A first instalment of 70 tonnes shall be allocated
among the Member States ; the res'pective shares of
the Member States, which, subject to Article 5, shall
be valid from 1 July 198 1 to 30 June 1982 shall be as
follows :
                                          . (tonnes)
        Bénélux                                10
        Denmark                                10
       Germany                                 10
       France                                  10
       Ireland     1                           10
       Italy                                   TO
       United Kingdom                          10
2.    The second instalment of 20 tonnes shall be
held as the Community reserve.
                        Article 3
1.    If 90 % or more of a Member State's initial share
as specified in Article 2 ( 1 ), or of that share minus the
portion returned to the reserve where Article 5 is
applied, has been used up, that Member State shall
without delay, by notifying the Commission, draw a
second share equal to 1 5 % of its initial share,
rounded up where necessary to the next unit, to th£
extent permitted by the amount of the reserve.
2. 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, that Member State shall, in accor­
dance with - the conditions imposed by paragraph 1 ,
draw a third share equal to 7-5 % of its initial share,
rounded up where necessary to the next unit.
 ---pagebreak---                                                - A   -
 3. - If, after its second share ha:« b,-cn used up, 90 %
 or more of the third share drawn by a Member State
 has been used up, that Member State shall, in accor­
 dance with the same conditions, draw a fourth share
 equal to the third.
 This process shall continue to apply until the reserve
 is used up.                    .                ,
                      «
 4. By way of derogation from paragraphs 1 to 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
inform the Commission of its reasons for applying
this paragraph.
                         Article 4
Supplementary shares drawn pursuant to Article 3
shall be valid until 30 June 1982
                         Article 3
The Member States shall return to the reserve, not
later than 1 April 198 2 the unused portion of their
initial share which, on 15 March 198 2 is in excess of
20 % of the initial amount. They may return a larger
quantity if there are reasons to believe that such quan­
tity might not be used.
Member States shall, not later than 1 April 1982
notify the Commission of the total quantities of the
said goods imported up to and including 15 March
1982 and charged against the Community tariff quota
and any quantities of the initial share returned to the
reserve .
                         Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2
and 3 and shall, as soon as it has been notified, inform
each State of the extent to which the reserve has been
used up.
It shall inform the Member States not later than 5
April 198 2 of the amount still in reserve after
amounts have been returned thereto pursuant to
Article 5.
It shall ensure that the drawing which uses up the
reserve is limited to the balance available and to this
end shall specify the amount thereof to the Member
State making the last drawing.
 ---pagebreak---                                                      - 5 -
                                   Article 7
                                                 !
           1 Member States shall take all measures necessary
          to ensure that supplementary shares
           to Article 3 are opened in such a way *at
           may be charged without interruption against thei
           accumulated fhares in the Community tariff quota.
            2. Member States shall ensure that 'mportersof the
            said goods established in their territory have free
            access to the shares allocated to them.
            3 Member States shall charge imports of the said
            goods against their shares as and when such goods
             entered for free circulation.
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
                         Article 8                            observed            "    ,
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 1 July 198 \
                                                                                    /
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at
                                                                         For the Council
                                                                          The President