CELEX: 51983PC0125
Language: en
Date: 1983-03-16
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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 125
Vol. 1983/0038
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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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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---  C O M M IS S IO N OF THE EU R O P EA N C O M M U N ITIES
                                                                              C0HC83) 125 final
                                                                              Brussels, 16 March 1983
                                                      Pr op osa l for a
                                            C O U N C I L R E G U L A T I O N (EEC)
                        o p e n i n g , a l l o c a t i n g and p r o v i d i n g for the a d m i n i s t r a t i o n
                        of a C o m m u n i t y ta r i f f q u o t a for a p r i c o t p u lp f a l l i n g wi th in
                        s u b h e a d i n g e x 2 0 . 0 6 B II c) 1 aa) of t h e C o m m o n C u s t o m s
                                                           Tariff
                                   (submitted to the Council by the Commission)
C O M (83) 1 2 5 f i n a l
 ---pagebreak---                                                                              /l4>
                                             EXPLANATORY MEMORANDUM
 1. C o u n c i l R e g u l a t i o n (EEC) N o 3 5 9 0 / 8 2 o f 21 D e c e m b e r 1 9 8 2 o n i m p o r t s i n t o
     th e C o m m u n i t y o f c e r t a i n a g r i c u l t u r a l p r o d u c t s o r i g i n a t i n g in T u r k e y (1)
     p r o v i d e s for t h e o p e n i n g of an an n u a l C o m m u n i t y t a r i f f qu ot a of 90 t o n n e s
     at a r a t e o f 4 . 7 % , f o r a p r i c o t p u l p f a l l i n g            w i t h i n s u b h e a d i n g ex
    2 0 . 0 6 B II C) 1 aa) o f t h e C o m m o n C u s t o m s T a r i f f , o r i g i n a t i n g in T u r k e y .
    S u c h a q u o t a was o p e n e d for the p e r i o d from 1 J u l y 1982 to 3 0 J u n e 1983
    b y R e g u l a t i o n ( E EC ) N o 9 7 8 / 8 2 o f 2 6 A p r i l 1 9 8 2         (2).
2. T h e a i m o f t h i s p r o p o s a l is t o o p e n t h e q u o t a c o n c e r n e d f o r t h e p e r i o d
    fr o m 1 J u l y 1983 to 30 J u n e 1984.
3. T h e t a r i f f a r r a n g e m e n t s c o n c e r n e d m a y b e m o d i f i e d in t h e l i g h t o f c u r r e n t
    n e g o t i a t i o n s w i t h th e c o n t r a c t i n g c o u n t r y for th e c o n c l u s i o n of an
    A d a p t a t i o n P r ot oco l to the a b o v e m e n t i o n e d Agreement.                 Pending the
    outcome, the prop ose d Regu lat io n enables the engagements contracted
    by the Community to be respected.
    Th e C o m m i s s i o n t h e r e f o r e reserves the right to mo di fy the proposal
    in t h e c o u r s e o f t h e p r o c e e d i n g s in o r d e r t o a d a p t it, a s n e c e s s a r y ,
    to the A d a p t a t i o n Pr otocol.
4. I n a c c o r d a n c e w i t h t h e p r i n c i p l e s n o r m a l l y f o l l o w e d , t h e a l l o c a t i o n o f
   the quota volume am o n g the Me m b e r States should be based on previous
   and f o r e s ee ab le imports by the Member States, specifically those or i g i ­
   n a t i n g in o r c o m i n g f r o m T u r k e y .        Im p o r t s of t h e s e p r o d u c t s from T u r k e y
   h a v e b e e n n e g l i g i b l e o r n o n - e x i s t e n t in r e c e n t y e a r s .         Furthermore, the
   Member States cannot make forecasts                               for the quota period under
   consideration.
   (1) 0J N o L 3 7 5 , 3 1 . 1 2 . 1 9 8 2 , p. 1.
   (2) 0J N o L 1 1 5 , 2 9 . 4 . 1 9 8 2 , p. 4.
 ---pagebreak---                                                        - 2 -
Consequ en tly , pe nding a more Co mm un i t y - b a s e d a d m i n i s t r a t i o n of this
quota, based on the e x pe rie nc e acquired, the Co mm i s s i o n co ns ide rs that
it c a n p r o p o s e t h e e x t e n s i o n o f t h e s y s t e m a d o p t e d b y t h e C o u n c i l f o r
the current quota period, na me ly the a l l o c a t i o n of a large p o r t i o n of
the quota volume to the Co mm unity reserve and the a l l o c a t i o n of equal
initial quota-shares,              c o r r e s p o n d i n g to o n e - s e v e n t h of t h e r e m a i n d e r of
the quota,to the Member States.
 ---pagebreak---                                              Proposal for a
                                         COUNCIL REGULATION (EEC)
                   I                                                             '
                    opening, allocating and providing for the administration of a Community tariff
                    quota for apricot pulp falling within subheading ex 20.04 7$ II c) 1 aa) of the
                                   Common Customs Tariff and originating in ^'••rkey
     THE COUNCIL OF THE EUROPEAN                                the requirements of the Member States, assessed by
     COMMUNITIES,                                               reference both to the statistic:; relating to imports from
                                                                Turkey over a representative reference period and to
                                                                the economic outlook for :he quota period concerned ;
     Having regard to the Treaty establishing the European
     Economic Community, and in particular Article 113
     thereof,                                                  Whereas, during the last three years for which statistics
                                                               are available, the corresponding imports to each
                                                               Member State from Turkey have been negligible or
    Having regard to the proposal from the Commission,         non-existent ; whereas those data cannot therefore be
                                                               considered as representative to serve as a basis for allo­
    Whereas the Annex to Council Regulation (EEC) No           cation of the quota volume among the Member States ;
     3 5 9 0 / 8 2 o f 21 D e c e m b e r 1 9 8 2 on           whereas it is difficult to estimate imports by Member
                         . imports into the Community of       States because of the absence of truly representative
    certain agricultural products originating in Turkey ('),   figures.for previous years; whereas, consequently, the
                                                               only solution seems to be to allocate part of the quota
    provides for the opening by the Community, of an           volume to the Community reserve and to allocate one
    annual Community tariff quota of 90 tonnes at a rate       seventh of the balance to the Benelux countries,
    of4 7 % for apricot pulp falling within subheading ex      Denmark, Germany, France, Ireland, Italy and the
    20.06 B II c) 1 aa) of the Common Customs Tariff and       United Kingdom ;
   originating in Turkey; whereas such a quota has been
   opened for the period up to 30 June 1983 by Regula­
                                                               Whereas the initial shares may be used up fairly
    tion (EEC) N o97S /82 0 ; whereas the tariff quota in
                                                               quickly ; whereas, therefore, to avoid disruption of
   question should therefore be opened for the above-
                                                               supplies, any Member State which has almost used up
   mentioned volume for the period 1 July 1983 t o 30
                                                               its initial share shall draw a supplementary share from
   June 198 4 .
                                                               the Community reserve ; whereas this must be done by
                                                               each Member State as each one of its supplementary
   Whereas, since a Protocol as provided for in Article        shares is almost used up, and as many times as the
   118 (1) of the 1979 Act of Accession does not exist, the    reserve allows ; whereas the initial and supplementary
   Community adopted the measures envisaged in Article         shares must be valid until the end of the quota period ;
   119 of that Act in Regulation (EEC) No 3555/80 0            whereas this form of administration requires close
   determining the arrangements to be applied to               collaboration between the Member States and the
   imports into Greece originating, in particular, in          Commission, and the Commission must be in a posi­
  Turkey; whereas the tariff measure concerned will,           tion to follow the extent to which the tariff quota has
   therefore, apply to the Community of N ine;                 been used up and inform the Member States thereof ;
  Whereas it is in particular necessary to guarantee all       Whereas if, at a given date in the quota period, a
  importers of the Community equal and uninterrupted           considerable quantity of a share remains in any
  access to the quota and uninterrupted application of         Member State, it is essential that that State should
  the rates laid down for that quota to all imports of the     return a significant proportion to the reserve in order
  product in question into the Member States until the         to avoid part of the Community quota remaining
  quota has been used up ; whereas, having regard to the      unused in one Member State when it could be used in
  above principles, the Community nature of the quota         others ;
  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        Whereas, since the Kingdom of Belgium, the
  in question, such allocation should be in proportion to     Kingdom the Netherlands and the Grand Duchy of
                                                              Luxembourg are united within and jointly represented
                                                              by the Benelux Economic Union, any measure con­
                                                              cerning the administration of the shares allocated to
                                                              that economic union may be carried out by any one of
(1) 0J N o L 3 7 5 , 3 1 . 1 2 . 1 9 8 2 , p. 1.              its members,
(2) 0J N o L 1 1 5 , 2 9 . 4 . 1 9 8 2 , p. 4.
(3) 0J N o L 3 8 2 , 3 1 . 1 2 . 1 9 8 0 , p. 1.
 ---pagebreak---                                                           -   2-
HAS ADOPTED THIS REGULATION :                               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
                         Article 1                          believing that those fixed may not be used up. It shall
                                                            inform the Commission of the reasons for applying
1.    From 1 July 198 ^ to 30 June 1984, a Commu­           this paragraph.
nity 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 the Common                                      Article 4
Customs Tariff and originating in Turkey.
                                                            Supplementary shares drawn pursuant to Article 3
2. Within the limits of this tariff quota the               shall be valid until 30 June 198 4 .
Common Customs Tariff duty applicable to these
products shall be partially suspended at a rate of
                                                                                     Article 5
                                                            The Member States shall return to the reserve, not later
                                                            than 1 April 1984 the unused portion of their initial
                          Article 2                         share which on 15 March 1984 is in excess of 20 % of
                                                             the initial amount. They may return a larger quantity
1.    A first instalment of 70 tonnes shall be allocated     if there are reasons to believe that such quantity might
among the Member States ; the respective shares of the       not be used.
Member States, which subject to Article 5 shall be
valid from 1 July 1983 to 30 June 198 4 shall be as          Member States shall, not later than 1 April 1984
follows:                                                     notify the Commission of the total quantities of the
                                                             said goods imported up to and including 15 March
             Benelux:                   10  tonnes
                                                             1984 and charged against the Community tariff quota
             Denmark:                   10  tonnes
                                                             and any quantities of the initial share returned to the
             Germany:                   10  tonnes
             France:                    10  tonnes           reserve.
             Ireland:                   10  tonnes
             Italy:                     10  tonnes                                    A r tic le 6
             United Kingdom :           10  tonnes
                                                             The Commission shall keep an account of the shares
 2. The second instalment of 20 tonnes shall be held         opened by the Member States pursuant to Articles 2
 as the Community reserve.                                   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.
                          Article 3
                                                              It shall inform the Member States, not later than 5
 1. If 90 % or more of a Member State’s initial share         April 1984 of the amount still in reserve after
 as specified in Article 2(1), or of that share minus the     amounts have been returned thereto pursuant to
 portion returned to the reserve where Article 5 is           Article 5.
 applied, has been used up, that Member State shall
 without delay, by notifying the Commission, draw a           It shall ensure that the drawing which uses up the
 second share equal to 15 % of its initial share,             reserve is limited to the balance available and to this
 rounded up where necessary to the next unit, to the          end shall specify the amount thereof to the Member
 extent permitted by the amount of the reserve.               State making the last drawing.
 2. If, after its initial share has been used up, 90 %
                                                                                      Article 7
 or more of the second 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 conditions imposed by paragraph 1,            to ensure that supplementary shares drawn pursuant to
 draw a third share equal to 7-5 % of its initial share,      Article 3 are opened in such a way that imports may
 rounded up where necessary to the next unit.                 be charged without interruption against their accumu­
                                                              lated shares in the Community tariff quota.
 3.    If, after its second share has been used up, 90 %
 or more of the third share drawn by a Member State           2. Member States shall ensure that importers of the
  has been used up, that Member State shall, in accor­        said goods                                     have free
  dance with the same conditions, draw a fourth share         access to the shares allocated to them.
  equal to the third.
                                                               3.   Member States shall charge imports of the said
  This process shall continue to apply until the reserve      goods against their shares as and when such goods are
  is used up.                                                  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 1 July 1985 .
             This Regulation shall be binding in its entirety and direcdy applicable in all Member
             States.
             Done at
                                                                      For the Council
                                                                       The President