CELEX: 51987PC0553
Language: en
Date: 1987-11-25
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried, dehydrated or evaporated onions falling within code 0712 20 00 of the Combined Nomenclature (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 553
Vol. 1987/0275
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(87 ) 553 final
                                                        Brussels , 25 November 1987
                                  Proposal for a
                             COUNCIL REGULATION ( EEC ?
 opening , allocating and providing for the administration of a Community
     tariff quota for dried , dehydrated or evaporated onions falling
         within code 0712 20 00 of the Combined Nomenclature ( 1988 )
                                        the Commisssion)
                         ( submitted by the  Commission)
                                            «            .*>>
                                                                n K>#
                                                v\'           Λ/ST/
                                                                 *
C0M(87 ) 553 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1.     Under an agreement concluded with the USA and approved by Council
        Decision of January 31 , 1987 ( 1 ) the Community has to put into
        effect the following measure for imports from non-merriber
        countries during the periode 1987 to 1990 : the opening of an
        annual Community tariff quota of 12 000 tonnes at 10 % for dried ,
       dehydrated or evaporated onions falling within subheading 07.04 A
       of the Common Customs Tariff or code 0712 20 00 of the Combined
       Nomenclature which enters into force on 1 January 1988 .
2.      The purpose of this proposal is to implement the tariff quota for
       the period 1 January to 31 December 1988 .
3.      Hie Commission 's proposed, for these products is based mainly on
       those usually put forward in the field of tariff quotas in so far
       as :
        (i)    tine quota volume is divided into two parts , the first
               consisting of a fairly large quantity allocated among the
               Member States and the second being a reserve intended to
               cover any additional needs of the Member States ;
        ( ii ) the allocation of the initial shares to the Member States is
               based on the available statistics of past imports from
               non-preferential non-Community countries over the last three
               years and on the estimated needs of the Member States over
               the quota period .
Figures for Community imports from these countries over the last three
years are as follows :
Member State :            1984         1985        1986
Benelux                  3 266        2 712       2 565
Denmark                    283          235         182
Germany                  6 796        7 444       6 647
Greece                      50           67           58
Spain                      573          546         606
France                     664          312         439
Ireland                    249          246         245
Italy                      162          244         145
Portugal                    52           70           69
United Kingdom           6 736        6 003       5 515
                        18 831       17 879      16 471
( 1 ) 0JL 98, 10.4.1987 , p. 1 .
 ---pagebreak---                                      b
On the basis of this information and the estimated needs of Member
States , the following initial percentages can be allocated :
Member State
Benelux            16.06
Denmark             1.32
Germany            39.28
Greece              0.33
Spain               3.24
France              2.66
Ireland             1.39
Italy               1.04
Portugal            0.36
United Kingdom     34.32
 ---pagebreak---                                                           Proposal for a
                                             COUNCIL REGULATION ( EEC)
                          opening , allocating and providing for the administration of a Community tariff
                          quota for dried, dehydrated or evacorated onions falling within code
                            0712 20 00 of the Combined Nomenclature ( 1988 )
       THE COUNCIL OF THE EUROPEAN COMMUNITIES,
       • Swing regard to the Treaty establishing the European Economic Conmunity, and in particular
        Arc i c le ’ 1 3 thereof ,
        Having regard to che proposal from the Commission ,
        Whereas under an agreement concluded with the United States of America and
      approved by                 Council        Decision of 30 January 1987(1 ), the Community has
        undertaken , for the period 1987 to 199G , to open an annual Community tariff
        quota of 12 000 tonnes at a duty rate of 10 % for dried, dehydrated or
        evaporated onions-
                       whereas , therefore , this tariff quota should be opened for
        198 8 ;
      Whereas the Community has adopted, with effect from 1 January 1988, a Combined Nomenclature
      for goods which meets the requirements of the Common Customs Tariff and the Nomenclature
     of Goods for the External Trade Statistics of the Community and Statistics of Trade
     between Member States; whereas in order to accommodate specific Community measures,
     this Nomenclature has been expanded into an integrated tariff of the European
      Communities ( TARIC ); whereas, with effect from the date given above, the Combined
     Nomenclature and, where appropriate, the TARIC code nunbers, should be used for the
     description of the procUcts covered by thisfoegulation;
      Whereas equal and continuous access to the quota should
      be ensured for all Community importers and the rate laid down
            for the tariff quota should be applied consistently to all
      imports until the quota is used up ; whereas, in the light of
 these principles, allocation of the tariff quota
       among                                             the Member
      States would seem to preserve the Community nature of the
      quota ; whereas , /                 as closely as possible to        / in order to correspond
the actual development of the market,                                the
      allocation should reflect                     the requirements
      of the Member States         based on               statistics of
      imports from third countries during a representative
      reference period and                  the economic outlook for
   the quota year in question ;
      Whereas, during the last three years for which complete
      statistics are available , the corresponding imports into each
      of the Member States represented the following percentages
      of total imports of the product in question _                from     _
      third countries which do not benefit from / preferential            /"an equivalent
      tariff measure ;                               ~                   ~
 ( 1 ) 0J No L 98, 10.4.1987, p. 1 .
 ---pagebreak---                                                              5
       liefi ber States                   1984      198 5      1986
  Benelux                               3 266    2 702        2 565
   Denmark                                283       235         182
  Germany                               6 796    7 444        6 647
  Greece                                    50        67          58
  Spain                                   573       546         606
  France                                  664       312         439
   Ireland                                249       246         245
   Italy                                  162       244          145
  Portugal                              ,   52        70          69
   United Kingdom                      6 736     6 003        5 515
                                      18 831     17 879      16 471
  Whereas , in view of these factors and of market forecasts
  for this product for 198 8 the initial percentage shares of
  the quota volume can be expressed approximately as
  follows :
             Benelux                           16.06
             Denmark                            1.32
             Germany                           39.28
             Greece                             0.33
             Spain                              3.24
             France                             2.66
             Ireland                            1.39
             Italy                              1.04
             Portugal                           0.36
             United Kingdom                    34.32
   Whereas , to allow for                          import trends for the products concerned,
                   the quota volume should be divided into two
 parts               the first being allocated among the Member
   States and the second held as a reserve to cover any
   subsequent requirements of Member States which have
   used up their initial share ; whereas , to afford importers
   some degree of certainty , the first part              of the tariff
   quota should be set at a high level , which in this case
   could be 70% of the                         quota volime;
Whereas initial shares may be used up at different rates ;
whereas , in order to               of supplies on this account , it                          t continuity
                                                                        ** avoid any break in the
should be provided that any Member State which has
almost used up its initial share should draw an additional
share from the reserve ; whereas each time its additional
share is almost used up a Member State should draw a
further share and so on 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 form
of administration requires close cooperation between the
Member States and the Commission and the                 latter
must be able to monitor                              the extent to
which the quota /               been used up and        inform the        /volume has
Member States accordingly ;                                              –
 ---pagebreak---          Whereas if at a given date in the quota period a
         considerable quantity of a Member State’s initial share
         remains unused , it si essential that the i anber Stite concerned
         a significant proportion thereof to the reserve, in order to
         prevent      part of the Community tariff quota from
         remaining unused in one Member State while 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’;jshares allocated to that economic *+quota
       union may be carried out by any one of its members ,
      HAS ADOPTED THIS REGULATION :
                                  Article 1
      From 1 January to 31 December 1988 , the Customs duty applicable
     to imports of                  the following products shall be
      suspended at the level and within the limitsof a community **indicated
      tariff quota as shown herewith :
                 Combined                                                             Amount oí
    Order                                                                                           Rate of duty
                                                               Description            tariff quota      (%)
     No          Nomenclature code                                                      ( tonnes )
09.0035          0712 20 00                Dried, dehydrated or evaporated onions,
                                           whole, cut, sliced, broken or in powder,
                                           but not further prepared                  12 000        10
     Within the limit3>f this tariff quota,                   Spain
     and Portugal                        shall apply customs duties
     calculated in accordance with the relevant provisions laid
     down by rhe*Act of Accession                                          *1985
                                   Article 2
        1 . The tariff                 quota referred to in Article 1
        shall be divided into two parts .
        2 . The first part of 8 400 tonnes shall beallocated                 _
       among the Member States; tjie quota shares^ubject to _/shall.
       Article 5 ,        be valid untiI*December 198o ana shall be              *31
   as follows :
 ---pagebreak---               Benelux                                      i'5KT
             Denmark                                          111
             Germany                                       3 300
             Greece                                            28
             Spain                                            272
             France                                           223
             Ireland                                          117
             Italy                                             87
             Portugal                                          30
             United Kingdom                                2 883
  3 . The second part of the quota, amxnting to 3 600 tomes, shall constitute
  the reserve .
                                 Article 3
     1.  If a Member State has used 90 % or more of its initial
    share as       ** in Article 2 ( 2 ), or of that share less any        ** Specified
    portion returned to the reserve pursuant to Article 5 , it
    shall forthwith , by notifying the Commission and
                      to the extent that the reserve so permits, draw a second share
    equal to 10 % of its initial share , rounded up **necessary             **where
    to the next whole number .
   2 . If after                                  . its initial share nas been used up, a Member State has
   used 90 % or more of the second share                  well ,     that
    Member State shall forthwith , using the procedure
provided for            jn paragraph 1 , draw a third share equal to
   5 % ot its initial share, rounded up ** necessary to the next                    **where
   whole number .
    3 . If ,                     after                its second share has been used up, a Member State
    has used 90 % or more of i Cs third share, it Shall , using
     the procedure provided for
                in paragraph 1 , draw a fourth share equal to the
    third .
    This process shall apply until the reserve is used up .
   4 . By way of derogation from paragraph 1 , 2 and 3 ,
   Member State&nay draw shares lower than those specified
   in those paragraphs if there are grounds for believing that
     they             may not be used in full .          Member StateS
                                shall inform the Commission of their
   reasons for applying this paragraph .
                                Article 4
   Additional shares drawn pursuant to Article 3 shall be valid
   until 31 December 198 ^*
 ---pagebreak---                              Article S
 Member States shall , not later than 1 November 1988,
 return to the reserve the unused portion of their initial
 share which , on 15 September          is in excess of 20 % of   * 1988,
 the initial volume. They may return a greater portion if
 there are grounds for believing that it may not be used in
 full .
Member States shall , not later than 1 October 1988,
notify the Commission of the total quantities of the product
in question imported up to and including 15 September 19
and charged against the Community quota and of any
portion of their initial shares 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 the information reaches it, inform
each State of the extent to which the reserve has been used
up .
It shall , not later than 5 October 1988,           inform the
Member States of the amount still in reserve, following any
return of shares pursuant to Article 5 .
   It shall ensure that the drawing which exhausts the reserve
   does not exceed the balance available , and 'to this end shall
   notify the amount of that balance to the Member State
   making the last drawing .
                              Article 7
   1 . The Member States shall take all appropriate measures
   to ensure that additional drawings of pursuant to                 share
   Article 3 are *)       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
   product in question have free access to the shares allocated
   to them .
   3 . The Member States shall charge imports of the product
   in question against their shares as and when the product is
   entered with the customs authorities for free circulation .
   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 actually charged against their CJJOta
  shares .
 ---pagebreak---                                                                          Article 9
                                               The Member States and the Commission shall cooperate
                                               closely to ensure that this Regulation is complied with .
                                                                        Article 10
                                               This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels ,
                                                                    For the Council
                                                                     The President
 ---pagebreak---                FICHE D' IMPACT SUR LA COMPETITIVITE CT L' EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté . L' impact découlant de cette concession a été pris en
considération lors de la prise de décision d' adoption de ce contingent et
il n' aura pas un caractère sérieux sur la compétitivité et l' emploi dans la
Ccrmunauté .