CELEX: 51989PC0581
Language: en
Date: 1989-11-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY QUOTA FOR CHEMICALLY-PURE FRUCTOSE ORIGINATING IN THIRD COUNTRIES NOT BOUND TO THE COMMUNITY BY A PREFERENTIAL TRADE AGREEMENT ( 1990 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM (89) 581  final
                                                Brussels,  22 November 1989
                                   Proposal for a
                              COUNCIL REGULATION (EEC)
 opening and providing for the administration of a Community quota for chemically-pure
        fructose originating in third countries not bound to the Community by a
                          preferential trade agreement (1990)
                           (presented by the Commission)
 ---pagebreak---                                 Explanatory memorandum
•«
1. In its proposal for a Council Regulation (EEC) amending Regulation (EEC) No.
     3033/80 laying down the system of trade applicable to certain goods processed
     from agricultural products (COM (89) 71 of 29th. March 1989), the Commission
     envisages the introduction of a variable component to be levied on imports
     of chemically-pure fructose, of CN code 1702 50 00, originating in third
     countries not bound to the Community by a preferential agreement.
2. In the current context of the Uruguay Round, it would appear advisable, for
     evident reasons of trade policy, not to sacrifice the trade in goods as it
     exists already. Thus, the possiblities for importing chemically-pure fructose,
     originating in the said countries, into the Community market, should be
     maintained at their proper level. To this end, account should be taken of
     the average imports of this product throughout 1987 and 1988. Given that
     this average amounts to 4 504 tonnes, the opening of a Community quota in
     1990 for 4 504 tonnes, with a customs duty equal to 20X, i.e. the current
     duty on this product, and with exemption from the variable component, should
     constitute a satisfactory solution.
   3. Once the quota volume has been reached at Community level, further imports
      of the said product will be subject to the additional levy of the variable
      component, to be applied at that instant within the Community.
      Therefore, this Community quota should be opened for 1990.
   4. As regards the method of administration of this quota it is proposed that
      the entire quota volume be held as a Community reserve,to which all Member
      States will have access,in accordance with the procedure provided for in
      Article 3 of the proposal for a Regulation.
      This is the purpose of the attached proposal.
      ANNEX :  Proposal for a Regulation.
                                                                                    j?
 ---pagebreak---                                           COUNCIL REGULAriON (EEC)
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           fructose originating in third countries not bound to the Community                                                                     -—
                             by a preferential trade agreement (1990)
Y
 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 7 bis of Council Regulation (EEC) No. 3033/80 0 f 11 November 1980
 determinating the system of trade applicable to certain goods resulting fron the processing
 agricultural p r o d u c e as last anenced'by the Reflation . . (EEC) no.                                         /89 (2),:>
                                                                     ^ " provides for the variable component,
  which is imposed on imports of the product of CN code 1702 50 00, originating in
  third countries not bound to the Community by a preferential trade agreement, to
 be equal to the levy mentioned in paragraph 6 of Article 16 of Council Regulation
  (EEC) No. 1785/81 (3) burdening imports of products falling within CN codes
  1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30;
 Whereas, in the current context of the Uruguay Round, it is fitting to maintain
 the possibility of imports into the Community market, of chemically-pure fructose,-,
                                                                                                                 c
                                                                        -~                "       •           —      —                       L_^>
                                                                    Ç)      originating in third countries not
  bound to the Community by a preferential trade agreement; whereas this aspect
            is fulfilled if the possibility, in 1990, for individual agricultural pro-
  ducts, originating in the aforesaid third countries, to penetrate the Community
  market is not less than the average for 1987 and 1988; whereas the average im-
  ports of chemically-pure fructose, originating in these third countries, during
   1987 and 1988, amount to 4 504 tonnes; whereas it is fitting to open a Community
  quota for 1990, exempt of the variable component, for an amount equal to 4 504
  tonnes;
  Where» equal and continuous access to the quota should
  be ensured for all Community importers and the rates
  laid down for the quota should be applied consistently to
  all imports of the product in question into alt the
  Member States until the quota is exhausted ; whereas it is
  appropriate not to provide for allocation among Member
  States, without prejudice to the drawing oh the amount of t h e
  quota, of such quantities as they may need, under
  conditions and according to the procedure provided f o r i n A r t i c l e 3 ;
  Whereas, since the Kingdom of Belgium, the Kingdom of
  the Netherlands and die Grand Duchy of Luxembourg
  are united within and jointly represented by the Benelux
  Economic Union, any operation concerning the adminis-
  tration of the drawings made by that economic union
  may be carried out- by any one of its members,
  HAS ADOPTED THIS REGULATION :
  (1) 0J No. L ^ n of 2&.AA.19BO, p. A
  (2) 0J No. L              of     .    .1989, p. ,
  (3) 0J No. L 177 of 1 . 7 . 1 9 8 1 , p. 4 .
                                                                                                                                                 3
 ---pagebreak---                                                                 - d. -
                                                                    Article 1
          From 1 January to 31 December 1990, the variable component applicable to imports,
          into the Community, of the following product, originating in third countries not
         abound to the Community by a preferential trade agreement, shall be suspended
          totally, within the limits of a Community quota as shown below:
                                                                                                              Amount
              Order No       CN code                             Description                                  of quote     Quote doty
                                                                                                            (io tonnes)
         09.0091          1702 50 00       Chemically-pure fructose                                       4 504              20
                          Articlt 2                                        If the quantities requested are greater than the available
                                                                           balance of the tariff quota, allocation shall be made on a
 The           quota referred to in Article 1 shall be                     pro rata basis with respect to the requests. Member States
 administered by the Commission, which may take any                        shall be informed by the Commission of the drawings
 appropriate measure with a view to ensuring the efficient                 made.
 administration thereof.
                          Article 3                                                                ArticU 4
 If an importer presents in a Member State a declaration of
entry into free circulation including a request for                       Each Member State shall ensure that
preferential benefit for a product covered by this
Regulation, and if this declaration is accepted by the                    importers of the product concerned
customs authorities, the Member State concerned shall
draw, from the          quota, by means of notification to                have equal and continuous access to
the Commission, a quantity corresponding to these needs.                  the quota for such times as the
The requests for drawing, with the indication of the date                 residual balance of the quota so
of acceptance of the said declaration, must be
communicated to the Commission without delay.                             permits.
The drawings are granted Vy 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.
                                                                                                    ArticU 5
If a Member State does not use the quantities drawn, it
shall return them as soon at possible to the tariff quota.                 This Regulation shall enter into force on 1 January
                                                                            1990.
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels,
                                                                                   For the Council
                                                                                    Tbt President
                                                                                                                                      H
 ---pagebreak--- FICHE FINANCIERE
1. Ligne budgétaire concernée : Chap 12 art. 120
2.  Base juridique: art. 113 du traité
3. Intitulé de la mesure tarifaire; Proposition de règlement du Conseil
    portant ouverture et mode de gestion d'un contingent communautaire pour
    le fructose chimiquement pur, originaire des Pays tiers non liés avec
    la Communauté par un accord commercial préférentiel (1990)
4
  * Objectif: Exécution d'un engagement de la Communauté au Gatt
5.  Mode de c a l c u l :
    Code NC : 1702 50 00
    Volume du contingent : 4 504 tonnes
    Droits à appliquer : 20%
    Droits de douane appliqués en dehors du contingent : 20% + MOB
       (MOB = 326 ECU/tonne environ)
6.  Perte de recettes: La perte de recettes à inscrire pour 1990 s'élève à
    1 468 304 écus. En 1989, l'élément mobile en question n'était pas
    encore d'application dans la Communauté.
                                                                            ^
 ---pagebreak--- V
 V
                   FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
   Cette proposition est formulée en conformité avec un engagement pris au
   sein du Gatt. L'impact découlant de cet engagement a été pris en
   considération lors de la prise de décision correspondante et il n'aura pas
   des répercussions sur la compétitivité et l'emploi dans la Communauté.
                                                                              6
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 581 final
                                                      DOCUMENTS
EN                                                                          11 02
                                 Catalogue number : CB-CO-89-555-EN-C
                                                             ISBN 92-77-55300-6
Office for Official Publications of the European Communities
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