ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (86) 440
Vol. 1986/0191
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concernant l'ouverture au public des archives historiques de la Communauté économique
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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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COMMISSION OF THE EUROPEAN COMMUNITIES
C0MÎ86) 440 f i n a l
B ru s s e ls , 10 September 1986
P ro p o sa l f o r a
COUNCIL REGULATION (EEC)
o p e n in g , a l lo c a t in g and p r o v id in g f o r th e a d m in is t r a t io n o f a Community
t a r i f f q u o ta f o r a p r ic o t p u lp f a l l i n g w i th in subhead ing ex 20 .06 B I I
c ) 1 aa ) o f th e Common Customs T a r i f f and o r ig in a t in g in
Morocco (1987)
P ro p o sa l f o r a
COUNCIL REGULATION (EEC)
o p e n ir M o c t f in g a n d ^ r o v id in g f o r th e a d m in is t r a t io n o f a Community
/
i lp f a l l i n g w i t h in subhead ing ex 20 .0 6 B I I
f e y
t a r i f i y q u o t a f o r a p r ic o t -
■ii c ) 1 „aa) o f th e Common Customs T a r i f f and o r ig in a t in g in
T u n is ia (1987)
(s u b m itte d to th e C o u n c il by th e C om m ission)
C0M(86) 440 f i n a l
EXPLANATORY MEMORANDUM
1. The C o o p e ra tio n Agreem ents conc lude d between the European Economie
Community on th e one hand and th # Kingdom of Morocco and the Republic
o f T u n e s ia on th e o th e r hand supplemented by th e P ro to c o ls to these
agreem ents f o l lo w in g th e a c c e s s io n o f Spain and Portugal provide f o r
th e ope n in g o f annua l Community t a r i f f quotas for the importation into
th e Community o f 8 250 o r 4 300 m e tr ic to n n e s o f a p r ic o t pulp, originating
in th e s e c o u n t r ie s , f a l l i n g w i th in subhead ing ex 2 0 ,0 6 B 11 c ) 1 a#) ©f
th e Common Customs T a r i f f .
The customs duties a p p lic a b le w i th in the l im i t s o f th is quota are equal
to 70 % of the duties actually a p p lie d to non-member countries.
Within the limits of these t a r i f f q u o ta s S p a in and Portugal apply customs
duties calculated according to the P ro to c o ls to the EEC/Morocc© and
EEC/Tunisia agreements following th e a c c e s s io n of Spain and Portugal,
Accordingly the ta riff quota in question has to be opened for 1987,
2 . The p ro p o s a ls f o r r e g u la t io n s ope n in g these ta r i f f quotas provide - as
is cus tom ary - f o r th e d iv is io n o f each o f the quota volumes into two
in s ta lm e n ts , th e f i r s t b e in g a l lo c a te d among the fcwtzr states as quota
s h a re s , th e second b e in g h e ld as a re s e rv e .
The allocation of th e volum e of the f i r s t instalment of the quota should
be based on the r u le s g e n e ra l ly applied. These involve calculating each
i-tenfcer State's total imports over the Last three years as a proportion of total «Gawmmfrty
imports during the same period and applying for each Mtuber State, the pemoantags® thy® Ob
ta ined to the volume o f the f i r s t instalm ent.
However, in t h i s p ro ce ss a ccou n t was taken on the f a c t that certain
Member S ta te s e f fe c te d no or only occasional imports during these years.
In view of the n e c e s s ity o f allocating the quota volume in an equitable
manner th e se Member S ta te s were granted small percentages representing
commercially exploitable shares.
3 . I t i s p roposed th a t the proposals for Council Regulations opening the
Community t a r i f f quo tas d e s c r ib e d above be approved.
ANNEX; 2 proposals for Regulations (EEC) of the Council
NOTE
These p ro p o s it io n s a lre a d y ta k e in t o a cco u n t th e c o n c lu s io n and th e e n t r y in t o
fo r c e by 1 Janu a ry 1987 a t th e la t e s t o f an a d a p tio n p r o to c o l f o l lo w in g th e
a c c e s s io n o f S pa in and P o r tu g a l.
I f i t becomes a p p a re n t t h a t th e c o n c lu s io n is n o t re a ch e d , th e p ro p o s it io n s
must be m o d if ie d in a way t h a t th e r e g u la t io n s a re o n ly a p p l ic a b le to the
Community o f Ten.
P ro p o s a l f o r 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 and
originating in Morocco (1987)
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 Cooperation Agreement between the
European Economic Community and the Kingdom of
Morocco ('), signed on 27 April 1976, provides for the
opening by the Community of an annual Community tariff
quota of 8 250 tonnes of apricot pulp falling within
subheading ex 20.06 B II c) 1 aa) of the Common Customs
Tariff and originating in Morocco; whereas the customs
duties applicable to the quota are equal to 70 % of the
customs duties actually applied to non-member countries;
whereas the Community tariff quota in question should
therefore be opened for 1986;
Whereas, since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does
not exist, the Community must adopt the measures referred
to in Articles 180 and 367 of that Act; whereas the tariff
measure concerned will, therefore, apply to the
Community of Ten;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all 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
Morocco over a representative reference period and also to
the economic outlook for the quota period in question;
(>) O J N o L 264, 27. 9. 1978, p. 1.
Whereas, during the last three years for which statistics are
available, the corresponding imports of each Member State
represent the following percentages of imports into the
Community from Morocco of the product in question:
Member State 1983 1984 1985
Benelux 1 2 6
Denmark - - -
Germany - - -
Greece “
S pa in - - - ,
France 97 98 94
I re la n d - - -
I t a l y —
P o rtu g a l
U n ite d Kingdom
— — —
2 — —
Whereas both these percentages and the estimates from
certain Member States should be taken into account as well
as the need to ensure that, in the circumstances, the
obligations contracted under the Agreement concerned are
allocated fairly among all the Member States; whereas the
approximate percentages of the initial quota shares may
therefore be fixed as follows:
Benelux 4 . 8
Denmark 1 , 2
Germany 5 / 3
Greece o , 3
S pa in 6 , 0 -
France 67 , 5
I r e la n d 1 , 2
I t a l y 1 / 2 :
P o rtu g a l 4 , 8
U n ite d Kingdom 7 , 5
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 50 % of the
quota volume;
Whereas the Member States’ initial shares may be used up
at different times; whereas, in order to take this fact into
account and avoid any break in continuity, any Member
State which has almost used up its initial quota share
should draw an additional share from the reserve; whereas
- 2 -
this must be done by each Member State as and when 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 volume has 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 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,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1987 the Common T a r if f Customs Duty on the fo llow ing products sh a ll
be suspended a t the le ve l and w ith in the lim its o f a C a m n ity t a r i f f quota as shown herew ith:
Order Nr. CCT Heading D escription Amount o f T a r if f quota
No. t a r i f f quota duty
- t -
09.1105 ex 20.06 B I I A prico t pulb o rig in a tin g 8 250 11,9
c) 1 aa) in Morocco
W ithin the lim its o f th is t a r i f f quota, Spain and Portugal sh a ll apply custom du ties calculated
in accordance w ith the relevant provisions la id down in the P rotocol to the Cooperation agreement
between the European Community and Morocco fo llow ing the accession o f Spain and Portugal.
Article 2
1. A first instalment amounting to 4 150 tonnes of the
Community tariff quota referred to in Article 1 shall be
allocated among the Member States; the shares which,
subject to Article 5, shall be valid until 31 December 1987
shall be as follows:
(tonnes)
Benelux 200
Denmark 50
Germany 240
Greece 10
Spain 250
France 2 800
Ire land 50
Ita ly 50
Portugal 200
United Kingdom 300
2. The second instalment amounting to 4 1013 tonnes shall
constitute the reserve.
Article 3
1. If 90 % or more of a Member State’s initial share as
specified in Article 2 (1), or 90 % of that share minus the
portion returned to the 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 initial share, rounded up where
necessary to the next unit.
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 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.
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 down 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 in
those paragraphs if there are grounds for believing that
they might not be used up. It shall inform the Commission
of its reasons for applying this paragraph.
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987.
Article 5
The Member States shall return to the reserve, not later
than 1 October 1987 such unused portion of their initial
shares as, on 15 September 1987^ is in excess of 20 /a of
the initial volume. They may return a larger quantity if
there are grounds for believing that this quantity may not
be used.
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 Member
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5 October
198 7, of the amount in the reserve after quantities have
been returned thereto 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 measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the tariff quota.
2. The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them.
3. The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with 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 Commission’s request, 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 1 January 198 7 .
The Member States shall notify the Commission, not later
than 1 October 1987, of the total quantities of_the products
in question imported up to 15 September 198 ( and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve. ,
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Luxembourg,
For the Council
The President
Proposal fo r a
COUNCIL REGULATION (EEC)
opening allocating and providing for the administration of a Community tariff quota for apricot
S " S i i g “ iltto subheading cx 2 0 .« B 11 c) 1 o f th c Common Cnriom, Tattff ami
originating in Tunisia QIVo()
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 Cooperation Agreement between the
European Economic Community and the Republic of
Tunisia i1),
supplemented by the Protocol to th is agreement
fo llow ing the accession o f Spain and
Portugal (2 ), provides for the
opening by the Community of an annual Community tariff
quota of 4 300 tonnes of apricot pulp falling within
subheading ex 20.06 B II c) 1 aa) of the Common Customs
Tariff and originating in Tunisia; whereas the customs
duties applicable to the quota are equal to 70 % of the
customs duties actually applied to non-member countries;
whereas the Community tariff quota in question should
therefore be opened for 1986;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all 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
Tunisia over a representative reference period and also to
the economic outlook for the quota period in question;
Whereas, during the last three years for which statistics are
available, the corresponding imports of each Member State
represent the following percentages of imports into the
Community from Tunisia of the product in question.
Member State 1983 1984
1ÜÛ
1985
100
Benelux
Denmark
Germany
Greece
Spain -If,France
Ire land
Ita ly
Portugal . ~
Uhitea Kingdom - _
Whereas both these percentages and the estimates from
certain Member States should be taken into account as well
as the need to ensure that, in the circumstances, the
obligations contracted under the Agreement concerned are
allocated fairly among all the Member States; whereas the
approximate percentages of the initial quota shares may
therefore be fixed as follows:
Benelux
Denmark
Germany
Greece
Spain
France
Ire land
Ita ly
Portugal
United Kingdom
2.3
2.3
■C l
0,5
2.3
74,7
2.3
2.3
2.3
6,9
(>) OJ No L 265, 27. 9. 1978, p. 1.
(2) 0J NO L aa · / P·
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 50 % of the
quota volume;
Whereas the Member States’ initial shares may be used up
at different times; whereas, in order to take this fact into
account and avoid any break in continuity, any Member
State which has almost used up its initial quota share
should draw an additional share from the reserve; whereas
this must be done by each Member State as and when 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 volume has 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 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,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 Decenfeer 1987 the Cannon T a r if f Customs Duty on the fo llow ing products
s h a ll be suspended a t the le ve l and w ith in the lim its o f a Community t a r i f f epota as shown
herew ith:
Order No. CCT Heading
No.
Description Amount of
tariff quota - t ■
Tariff quota
■ duty - %
09.1203 ex 20.06 B II
c) 1 aa)
Apricot pulp originating
in Morocco
4 300 11,9
W ithin the lim its o f th is t a r i f f quota, Spain and Portugal s h a ll apply customs ckities ca leu Lai
in accordance w ith the relevant provisions la id down in the Protocol to the Cooperation Agree
ment between the European Economic Community and Tunisia fo llow ing the accession o f Spain and
Portugal.
Article 2 ' " ' ' (tonnes)
1. A first instalment amounting to 2 150 tonnes of the
Community tariff quota referred to in Article 1, shall be
allocated among the Member States; the shares which,
subject to Article 5, shall be valid until 31 December 1987
shall be as follows:
Benelux 50
Denmark 50
Germany 90
Greece 10
Spain 50
France 1 600
Ireland 50
Italy 50
Portugal 50
United Kingdom 150
2. The second instalment amounting to 2 150 tonnes shall
constitute the reserve.
Article 3
1. If 90 % or more of a Member State’s initial share as
specified in Article 2 (1), or 90 % of that share minus the
portion returned to the 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 initial share, rounded up where
necessary to the next unit.
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 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.'
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 down 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 in
those paragraphs if there are grounds for believing that
they might not be used up. It shall inform the Commission
of its reasons for applying this paragraph.
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 198?,
Article S
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 Member
State of the extent to which the reserve has been used up.
It shall inform the Member States, not later than 5 October
198 7, of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and, to this end,
notify the amount of that balance to the Member State
making the last drawing.
Article 7
1. The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the tariff quota.
2. The Member States Shall ensure that importers of the
products in question have free access to the shares allocated
to them.
3. The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with 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 Commission’s request, the Member States shall
inform it of imports actually charged against their shares.
Article 9
The Member States and the Commission shall cooperate
closely tp ensure that this Regulation is complied with.
Article 10The Member States shall return to the reserve, not later
than 1 October 1987, such unused portion of their initial _
share as, on 15 September 1987, is in excess of 20 % of the This Reguiati0n shall enter into force on 1 January 198 ( .
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 1987, of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserves.
States. ^ atl° n Sha11 be blndmg “ lts entirety and directly applicable in all Member
Done at Luxembourg,
For the Council
The President
Full & Egal Universal Law Academy