ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 174
Vol. 1986/0065
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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
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
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Februar 1983 über die Freigabe der historischen Archive der Europäischen
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0M(86) 174 f in a l
Brussels , 15 April 1986
Proposal for a
COUNCIL REGULATION (EEC)
opening, a l lo ca t in g and providing for the administration of a
Community t a r i f f quota for frozen peas , f a l l in g within
subheading 07.02 B of the Common Customs T ar i f f ,
orig inat ing in Sweden
C0MÎ86) 174 f in a l
Explanatory memorandum
1. Council Regulation (EEC) No ........ /86 laying down the trade
arrangements in particular with Sweden for certain agricultural
products as a result of Spain's and Portugal's admission to the
Community (1) provides for the opening of a Community tariff quota
starting 1st March 1986 for frozen peas falling within subheading ex
07.02 B of the Common Customs tariff and originating in Sweden,
4 500 tonnes of which are reserved for Spain. The rate of duty to
be applied under this tariff quota is reduced to 4.5 ?o in Spain and
to 6 % in the other Member States.
2. The present proposal aims at implementing this tariff quota for the
period 1st March to 31 December 1986. As there does not exist a
"prorata temporis" clause, the annual quota-volume is to be opened
for the aforesaid period.
3. The Commission's proposal for this product is mainly based on those
usually put forward in the field of tariff quotas insofar as :
the quota volume is divided into two parts, the first consisting
of a fairly large quantity, allocated among certain Member
States, who are regular importers, and the second being a
reserve intended to cover any additional needs of these Member
States, as well as the needs that could arise in the other
Member States ;
the allocating of initial shares to the Member States is based
on the provisions of the aforementioned Regulation in the case
of the reserved Spanish quota-share, and in the case of the
other Member States shares it is based on the available
statistics of past imports from Sweden over the last 2 years and
on the anticipated needs of these Member States over the quota
period.
(1) 03 No L ··.·
- 2-
Community imports of peas, includinq chick peas, frcm Sweden have, over the
last 2 years, evolved as follows :
Member State 1983 1984
Benelux
Denmark
Germany
Greece
F ranee
Ireland
Italy
Portugal
United Kingdom
0
121
1 365
231
0
0
2 7 6 4
223
0
138
254
1 432
0
0
0
7 568
0
647
““ — —
4 704 i n 039
On the basis of this information and the anticipated needs of these Member
States, one can make the following initial allocation of percentages to
Member States :
Member State
Benelux
Denmark ^
Germany
Greece
Italy 7° · ^
Portugal·
United Kingdom 4* ^
Proposal for a
COUNCIL REGULATION (EEC) No
of
/8 6
opening, allocating and providing for the administration of a Community tariff guta
for frozen peas, falling within subheading 07.02 B of the Common Customs tariff,
originating in Sweden
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 Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an agreement between the European Economic Community and the Kingdom of
Sweden was concluded on 22 July 1972, whereas following Spain's and Portugal's
accession to the Community, a supplementary protocol shall be signed in the near
future; whereas until the entry into force of this protocol, Council's Regulation
(EEC) No ........ /86 of .......... 1986 (1 ) laid down the trade arrangements for
agricultural products with Sweden in particular, on account of these accessions ;
Whereas the aforesaid Regulation (EEC) No ....... /86 provides for the opening, to
run from 1st March 1986, of a 6 000 tons Community tariff guota at a reduced rate
of duty for frozen peas, originating in Sweden, 4 500 tonnes of which are reserved
for Spain, whereas therefore the tariff guota in guestion should be opened for the
period 1st March to 31 December 1986 ; whereas in the absence of a "prorata
temporis" clause, the proposed annual guota volume should be opened for the period
under consideration ;
(1) 00 No L ......, ...... 1986, p.
- 2 -
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate of levy for the tariff quota should be applied
consistently to all imports until the quota is used up ; whereas, in the light of
the principles outlined above, a Community tariff arrangement based on an
allocation between the Member States would seem to preserve the Community nature of
the quota ; whereas, to represent as closely as possible the allocation should
follow proportionately the requirements of the Member States calculated both from
statistics of imports from Sweden during a representative reference period and
according to the economic outlook for the tariff year in question ;
Whereas during the last two years for which statistics are available, imports of
frozen peas, including chick peas, originating in Sweden, into each of the Member
States were as follows :
Member State 1983 1984
Benelux 0 138
Denmark 121 254
Germany 1 365 1 432
Greece 231 0
France 0 0
Ireland 0 0
Italy 2 7 6 4 7 568
Portugal 223 0
United Kingdom 0 647
4 704 10 039
Whereas, during the last two years tnder consideration, the products in question
were imported only by certain Member States and not at
all by the other Member States; whereas, under these
circumstances, initial shares should be allocated to the
importing Member States and the other Member States
should be guaranteed access to the benefit of the tariff quota
upon imports into those States of the products concerned
being notified; whereas these arrangements for allocation
will equally ensure the uniform application of the Common
Customs Tariff;
Whereas in taking into account these fa c to r s , the Member States'
i n i t i a l percentage shares in the quota volume can be set as
follows :
Member State
Benelux 0.94
Denmark 2.54
Germany 18.97
Greece 1.57
I ta ly 70.08
Portugal 1.51
United Kingdom 4.39
-3 -
Whereas, in order to take into account import trends for the
products concerned in the various Member States, ctu.ot.iX v o £ n -
rr)£ should be divided into two instalments, the first being
shared among certain Member States and the second
constituting a reserve to cover the subsequent requirements
of these Member States where they have used up their initial
share and any additional requirements which might arise in
the other Member States; whereas, in order to give importers
in each Member State a certain degree of security, it is
appropriate to fix the first instalment of the Community
quota at a level which, in the circumstances, could be
^ S 0/° of the quota volume;
Whereas i n i t i a l shares may be used up at d i f feren t rates; whereas to avoid
disruption o f supplies on th is account, i t should be provided that any
addiHnSt? V hlC haS aLm° St US6d UP i t s in i tiaL share should draw an
additional share from the reserve ; whereas each time i t s additional share
as manyStime! Member Staf? Sh° uLd draw a further share and so on
as many times as the reserve allows ; whereas the i n i t i a l and additional
shares should be valid unt i l the end of the quota period ; w h e r e a ^ M s
States andmJheSinrr - ° n -reqUi; e \ Ct° Se « ‘" • ' » r a t i o n between the Member States and the Commission and the Commission must be in a pos i t ion to keeo
m : ; qu° t a s h a - b e e - -* « ' - - * ·
«hM^hfr J V i a . 9i v?n, date in quota period a considerable quantity of
State^houlH t i n i t 1 3 ^ share remains unused i t i s e s s e n t ia l that such
nrnlr f a S ign if lcant proportion thereof to the reserve, in
d Prevent a part of the Community t a r i f f quota from remaining unused
in one Member State while i t 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 operation relating to the administration of the
quota shares allocated to that economic union may be carried
out -by any of its members,
-4 -
HA5 ADOPTED THIS REGULATION :
Article 1
1. Until 31 December 1986, a Community tariff quota of 6 000 tonnes shall be
opened in the Community for frozen peas, falling within subheading ex
07.02 B of the Common Customs Tariff, originating in Sweden.
2. Within the limit of this tariff quota the applicable duty shall be 6 %.
However, when these products are imported into Spain the duty applicable
shall be 4.5 % within the limit of the quota-shares allocated to this
Member State.
3. The protocol on the definition of the concept of originating products and
on methods of administrative cooperation, annexed to the Agreement between
the European Economic Community and Sweden shall be applicable.
Article 2
1. The tariff quota laid down in Article 1 (1) shall be devided into two
instalments.
2. A first instalment of this quota shall be shared among certain Member
States ; the respective shares, which, subject to Article 5, shall be valid
until 31 December 1986, shall be as follows :
-5-
Member State
Benelux 13
Denmark 36
Germany 266
Spain 4 300
Greece 22
Italy 981
Portugal 21
United Kingdom 61
The second instalment of the guota being 100 tons shall constitute the
reserve.
4. If an importer notifies the imminent import of the ......................... . (
products in question into a Member State that does not participate in the initial allocation and
requests the benefit of the quota, the Member State
concerned shall inform the Commission and draw an amount
corresponding to these requirements to the extent that the
available balance of the reserve so permits.
Article 3
1. If a Member State has used 90 % or more of its
initial share as fixed in Article 2 (2), or of that share
minus any portion returned to the reserve pursuant to
Article 5, it shall forthwith, by notifying, the Commission,
draw a second share, to the extent that the reserve so
permits, equal to 10 % of its initial share, rounded up as
necessary to the next whole number.
2. If a Member State, after exhausting its initial share,
has used 90 % or more of the second share drawn by it,
that Member State shall forthwith, in the manner and to
the extent provided in paragraph 1, draw a third share
equal to 5 % of its initial share, rounded up as necessary ,
to the whole number.
3. If a Member State, after exhausting its second share,
has used 90 % or more of the third share drawn by it,
that Member State shall, in the manner and to the extent
provided 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, a
Member State may draw shares lower than those specified
in those paragraphs if there are grounds for believing that
those specified may not be used in full. Any Member
State applying this paragraph shall inform the Commis
sion of its grounds for so doing.
Artide 4
Additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1986.
Artidc 1
Member States shall, not later than 1 November 1986,
return to the reserve the unused portion of their initial
share which, on 15 October 1986, is in excess of 20 % of
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 November 1986,
notify the Commission of the total quantities of the
product in question imported up to and including 15
October 1986 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 November 1986, inform the
M'ember 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.
Artide 7
1. The Member States shall take all appropriate
measures to ensure that additional shares drawn pursuant
to Article 3 are opened in such a way that importations
may be charged without interruption against their accu
mulated 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.
Artidc 8
At the request of the Commission, the Member States
shall inform it of imports actually charged against their
shares.
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 the day following
its publication in the Official Journal of the
European Communities.
This Regulation is applicable from 1st March 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
For the Council
The President
Full & Egal Universal Law Academy