CELEX: 51980PC0604
Language: en
Date: 1980-10-24
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quotta for sweet peppers falling within subheading No 07.01 S of the Common Customs Tariff, originating in Cyprus (1981) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 604
Vol. 1980/0191
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)604 final
                                                       Brussels , 24 October 1980
                                       Proposal for a
                             COUNCIL REGULATION ( EEC )
        opening , allocating and providing for the administration of a
        Community tariff quotta        for sweet peppers falling within sub-
                             \.l I'll' f
        heading No 07.01-^ Vf th^Common Customs Tariff , originating
                    / *
                   /s?]/       en «    « ininCyprus
                                               Cyprus
                           .          "g       x \
                      ^                         H
                   P, ^
                   W-          co     =        t c
                ( submitted to the Council by the Commission )
C0M(80 ) 604 final
 ---pagebreak---                                        EXPLANATORY
. Article 3 of t.ne Transition al Protocol of the Agreement EEC / Cyprus of
      1973 ,. completed by the Protocol of Adaptation to take account of the accession
 . of Greece to the Community , provides the opening of an annual Community tariff
        quota for 250 tonnes sweet peppers,' falling under subheading
        07.01 S of the CCT , oriqinating in Cyprus , at a duty rate of                         *
    ; 4.5 % . .                         . . //..r V'"- . : ...        - 'V. ' ;                  '
       The provisions of the Transitional Protocol to the Agreement EEC / Cyprus
       will lapse on 31 December 1980 . Pending the entry into force of a new pro­
       tocol it is necessary to extend the arrangements that the Community applies
       to trade with the Republic of Cyprus within the context of the Association
       with that country .                                                  '
 ^Th is Regulation provide for the splitting up of the.jjMot^. u
       volume into two parts/ pf which the first will be allocated i
       among the Member - States          quota .         re and the second: will be .
" kept as a reserve.'                                               v
  '       •    ,     .            v           - '•.v.                                w'- ' - r         , :
        In the absence of Community statistics, for a period - suffi­
        ciently representative/ the initial quota shares have been ; ,7
        calculated on the basis of the possible demand on the markets
        of the various Member., States and on the basis of fops casts .
        made by some of them . "         -v        : , ;    : - ;                                  4
    <•' As ' the . method of, admini stration to,.be applied
    '                                                             ν· -
                                                                        by -all* V Member
                                                                                       λ:·   "       "
      • States/ the Commi ssiont propose the "greyhound ' system; ; " . .
      " This is the subject of the proposal. ; annexed hereto .
 ---pagebreak---                                         prop ex ci L 4. OY <x
                      COUNCIL REGULATION .( EEC)
opening, allocating end providing for the administration of a Community tariff quota for
sweet peppers, falling within subheading 07.01 S of the Common Customs Tariff and
                                      originating in Cyprus   ( 1981 )
                     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 the provisions of. the r?ansit1. onal
                     Protocol ID the Agreement establishing an As­
                     sociation between the European Economic Community
                     and the Republic of Cyprus ( 1 ) will lapse
                     on 31 December 1980 y
                     Whereas pending $he entry into force of a new
                     Protocol it is necessary to extend the arrange­
                     ments that . the Community applies to . trade with the
                     Republic pf Cyprus                  under the Associa­
                     tion with that country ;
                     Whereas the abovementioned Transitional Protocol , supple­
                    mented              by. the Protocol of Adaptation to take
                     account of the accession of the Hellenic Republic
                     to the. Community (2 ^provides for the opening of
                         an annual Community tariff quota of 250 tonnes of
                       ' sweet peppers, falling within subheading 07.01 S of the •
                         Common Customs Tariff and originating in Cyprus, at
                         a rate of customs duty equal to 50 % of the customs
                         duty in the Common Customs Tariff;
                           Whereas it is in particular necessary to ensure for all
                          Community importer? equal and uninterrupted access
                          to the abovementioned quota and uninterrupted
                          application of the rate laid down for that quota to ail
                          imports of the products concerned into all 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
                         Community tariff quota among the Member States;
                         whereas, in order to reflect as accurately as possible the
                         true trend of the market in the products in question,
                         such allocation should be in proportion to the
                         requirements of the Member States, calculated by
                         reference to the statistics for imports from Cyprus over
                         a representative reference' period - and also to the
                         economic outlook tor the quota period in question ;
                  L 84
 ---pagebreak---  Whereas, however, neither Community nor national -
 statistics     ,                     for the products in
question fire available and no reliable estimates of
future impqrti can be made; whereas, in these
circumstances,' the quota volume should be allocated in
initial shares, to take into account demand for these
produfts on the markets of the various Member States;
Whereas, in order to take into account import trends
for the products concerned in the various Member
States, the quota amount should be divided into two
instalments, the first being shared among the Member
States. and the second constituting a reserve to cover at a
later date the requirements of the Member States which
have used up their initial quota shares ; whereas, in
order to give importers in each Member State a certain
degree of security, the first instalment of the
Community quota should under the circumstances be
fixed at 75 % of the quota volume;
                             I' ■
Whereas the Member States' initial shares may be used
up at different times; whereas,' in order.to take this fact
into account and ^void any break in continuity, any
Member State which Jigs almost used up its initial quota
share should cjraw an additional share from the
reserve; whereas this must be done by each Member
State as and jvhen each of its additional shares is almost
used up; and repeated 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
method of administration requires close cooperation
between the Member States and the Commission, and
the latter must be in a position to monitor the extent to
which the quota volumes have been used up and to
inform the Member States thereof;
Whereas if, at a given date in the quota period, a
substantial quantity remains unused in any Member
State, it is essential that that Member State should
return a significant proportion to the reserve to prevent
a part of any tariff quota from 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 in and represented by the
Benelux Economic Union, any operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members,                                             .
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                Article 1
                 January
       From 1           to 31 December 1981 , the Common
       Customs Tariff duty for sweet peppers, falling within
       Subheading .07.01 S of the Common Customs Tariff and
       originating in Cyprus, shall be partially suspended at
       4-5 % within the limits of the Community tariff quota
       °f 25 gtonnes.
      Within the Limits of this tariff quota , Greec
      shall apply duties calculated in accordance
      with the relevant provisions in the Act of Ac
      cession and the Protocol of Adaptation .
                              Article 2
      1 . The Community tariff quota referred to in Article 1
      shall be divided into t>vo instalments.
      2. A first instalment ^mounting to \S 5 onnes shall be
      allocated among the Member States; the respective
   - shares, which subject to Article 5 shall be valid until
     ,31 December 198 1, shall be as follows:
           Benelux
                                                   •    tonnes
           Denmark                             „1 7S tonnes
           Germany                                 5    tonnes
          France Greece                           1 ronne
          Ireland
                                                       tonnes
          Italy •
          United Kingdom                      146 tonne
                                                -    . tonnes
   3.. The second instalment, amounting to                 tonnes,
   shall constitute the reserve.                                 '
                            Article 3    *
  1 . If 90 % or more o£ a Member State's initial share as
 specified in Article, 2 (2), or 90 % of that share minus
 the portion returned to the corresponding reserve where
Article 5 has been applied, has been used up, then, to
the extent permitted by the amount of the reserve, that
Member State shall forthwith, by notifying the
Commission, draw, a second share equal to 15 % of its
iniiial
unit.
           share, rounded
                    ; ' •
                           up where necessary to the next
 ---pagebreak--- 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, then, to the extent permitted by the
amount of the ' reserve, that Member State shall, in
accordance with the conditions laid down in paragraph
 1 , draw a third share equal to 7-5 % of its. initial share,
rounded up where necessary to the next unit.
3 . If, after its second share 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 accordance
with the conditions laid flown in paragraph 1 , draw a
fourth share equal to the third.
This process shall continue until the reserve is used up.
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed
to those paragraphs if there is reason to believe that
they might not be used up. It shall inform the
Commission of its reasons for applying this paragraph.
                            Article 4
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 198 1 ..
                            Article S
The Member States shall return to the reserve, not later
than 1 October 1981 such unused portion of their
initial share as, on 15 September 1981 ,,is in. excess of
20 % of the initial volume. They may return a larger
quantity if there are grounds for believing that this
quantity may not be used. .
The Member States shall notify the Commission, not
later than 1 October 1981, of the total quantities of the
products in question imported up to 15 September 1981
and charged against the tariff quota and of any quantity
of the 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, as soon as it is notified, shall inform each State
of the extent to which the reserve has been used up.
It shall inform the Member States, not later than
5 October 198 T., of the amount in the reserve after
quantities have been returned thereto pursuant to
Article 5 .
 ---pagebreak---                                                       - 5 -
 It shall ensure that the drawing which exhausts any             4. The extent to which a Member State has used up its
 reserve docs not exceed the balance available and, to           share shall be determined on the basis of the imports
thi^ end, notify the amount of th?t balance to the               charged in accordance with paragraph 3 .
Member State making the last drawing.
                                                                                         Article 8
                        Article 7
                                                                 At the Commission's request, the Member States shall
1 . The Member States shall take all measures necessary          inform it of imports actually charged against their
to ensure that additional shares drawn pursuant to               shares.                          '•
Article 3 are opened in such a way that imports may be
charged without interruption against their accumulated
shares of the tariff quota.
                                                                                         Article 9
2. The Member States shall ensure that importers of
the products in question established in their territory          The Member States and the Commission shall cooperate-
have free access to the shares allocated to them.                closely to ensure that this Regulation is complied with.
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the                                  Article 10
products are entered with customs authorities for free '
circulation.            •       •                                This Regulation shall enter into force on 1 J anua ry
                                                                  1981 .                              . '
             This Regulation shall be binding jij its entirety and directly applicable in all Member States.
              Done at Brussels.            1980,
                                                                                    For the Council
                                                                                     The President