31977R3018

No L 355/42 Official Journal of the European Communities 31 . 12 . 77

COUNCIL REGULATION ( EEC) No 3018 /77 of 29 December 1977 concerning the arrangements applicable to trade in the agricultural sector between the European Economic Community and Cyprus

THE COUNCIL OF THE EUROPEAN exchange of letters took place concerning agricultural COMMUNITIES, products, whereby the Community undertakes to use its best endeavours to see that negotiations on agricul­ Having regard to the Treaty establishing the European ture take place in good time to put into effect the Economic Community, and in particular Article 113 conclusions of these negotiations on 1 January 1978 ; thereof,

Whereas from 1 January 1978 onwards certain agricul­ Having regard to the proposal from the Commission, tural products will no longer be covered by preferen­ tial arrangements in trade with the Community ; Whereas the Additional Protocol to the Agreement whereas provision should therefore be made for unilat­ establishing an Association between the European eral temporary measures in order to avoid disturbance Economic Community and the Republic of Cyprus of the trade flow of the products in question pending signed on 15 September 1977 extends until 31 the entry into force of a supplementary protocol on December 1979 , with certain supplementary agricultural products, measures, the first stage of the abovementioned Agree­ ment ;

Whereas in a Declaration annexed to the Final Act of the Agreement, the Community stated that it was HAS ADOPTED THIS REGULATION : prepared to re-examine with the Republic of Cyprus the provisions of the Agreement relating to agricul­ tural products, in the light of the result of work under­ taken with a view to a global approach to the Commu­ Article 1 nity's relations with the Mediterranean countries, in the course of which work the interests of Cyprus should also be taken into consideration ; From 1 January 1978 customs duties on imports into the Community of the products originating in Cyprus Whereas as a result of the negotiations for the conclu­ which are listed below shall be reduced by the percen­ sion of the abovementioned Additional Protocol an tage rates indicated for each of them .

CCT Rate of heading Description reduction No ( % )

07.01 Vegetables, fresh or chilled : A. Potatoes : II . New potatoes : ex a) From 1 January to 15 May : — From 1 January to 31 March 40 F. Leguminous vegetables, shelled or unshelled : II . Beans (of the species Phaseolus) : ex a) From 1 October to 30 June : — From 1 January to 31 March 60 G. Carrots, turnips, salad beetroot, salsify, celeriac radishes, and similar edible roots : ex II . Carrots and turnips : — Carrots, from 1 January to 31 March 40 ex H. Onions, shallots and garlic : — Onions, from 15 February to 31 March 60

31 . 12. 77 Official Journal of the European Communities No L 355/43

CCT Rate of heading Description reduction No ( % )

07.01 M. Tomatoes : (cont 'd) ex I. From 1 November to 14 May : — From 1 January to 31 March 60 S. Sweet peppers 40 ex T. Other : — Aubergines, from 1 January to 31 March 60 — Stick celery, from 1 January to 31 March 50 — Courgettes, from 1 January to 28 February 60

08.02 Citrus fruit, fresh or dried : ex A. Oranges : — Fresh 60 ex B. Mandarins (including tangerines and satsumas) ; clementines, wilkings and other similar citrus hybrids : — Fresh 60 D. Grapefruit 80

08.08 Berries , fresh : — Strawberries : ex II . From 1 August to 30 April : — From 1 January to 31 March 60

ex 08.09 Other fruit, fresh : — Melons, from 1 January to 31 March 50

12.03 Seeds, fruit and spores, of a kind used for sowing : E. Other (a) 60

12.08 Chicory roots, fresh or dried, whole or cut, unroasted ; locust beans, fresh or dried, whether or not kibbled or ground* but not further prepared ; fruit kernels and other vegetable products of a kind used primarily for human food, not falling within any other heading C. Locust bean seeds 100

20.06 Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit : B. Other : II . Not containing added spirit : a) Containing added sugar, in immediate packings of a net capacity of more than 1 kg : 2. Grapefruit segments 80 ex 8 . Other fruits : — Grapefruit 80 b) Containing added sugar, in immediate packings of a net capacity of 1 kg or less : 2. Grapefruit segments 80

(a) This concession is solely for seeds complying with the provisions of the Directives on the marketing of seeds and plants.

No L 355/44 Official Journal of the European Communities 31 . 12. 77

CCT Rate of heading Description reduction No (%)

20.06 ex 8 . Other fruits : (cont'd) — Grapefruit 80 c) Not containing added sugar, in immediate packings of a net capacity : 1 , of 4-5 kg or more ex dd) Other fruits : — Grapefruit segments 80 — Grapefruit 80 2, of less than 4-5 kg : ex bb) Other fruits and mixtures of fruit : — Grapefruit segments 80 — Grapefruit 80

20.07 Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit : A. Of a specific gravity exceeding 1-33 at 1 5 ° C : III . Other : ex a) Of a value exceeding 30 u.a. per 100 kg net weight — Orange juice 70 — Grapefruit juice 70 ex b) Of a value hot exceeding 30 u.a. per 100 kg net weight : — Orange juice 70 — Grapefruit juice 70 B. Of a specific gravity of 1 -33 or less at 1 5° C : II . Other : a) Of a value exceeding 30 u.a. per 100 kg net weight : 1 . Orange juice 70 2. Grapefruit juice 70 b) Of a value of 30 u.a. or less per 100 kg net weight : 1 . Orange juice 70 2. Grapefruit juice 70

Article 2 (tonnes) Benelux 5 Denmark 5 1 . From 1 January 1978 the common customs Germany 10 tariff duty on dried grapes in immediate containers of France 5 a net capacity of 15 kilograms or less, falling within Ireland 5 subheading 08.04 B I and originating in Cyprus, shall Italy 5 be totally suspended within the limit of a Community United Kingdom 75 tariff quota of 125 tonnes.

The second tranche of the quota, i.e. 15 tonnes, shall 2. The tariff quota laid down in paragraph 1 shall be divided into two tranches . constitute the corresponding reserve. Article 3 A first tranche of 1 10 tonnes of the quota shall be allo­ 1 . From 1 January 1978 the Common Customs cated among the Member States ; the shares, which Tariff duties on the products originating in Cyprus subject to Article 6 shall be applicable for the period which are listed below shall be suspended at the rates of applicability of this Regulation, shall be for the indicated for each of them, within the limit of a following quantities : Community tariff quota of 2 500 hectolitres.

31 . 12 . 77 Official Journal of the European Communities No L 355/45

CCT Rate of heading Description duty No

22.05 Wine of fresh grapes, grape must with fermentation arrested by the addition of alcohol C. Other : I. Of an actual alcoholic strength not exceeding 13° C, in containers holding : ex a) Two litres or less : — Wine of fresh grapes 3 u.a./hl II. Of an actual alcoholic strength exceeding 13° C but not exceeding 1 5° C, in containers holding : ex a) Two litres or less : — Wine of fresh grapes other than liqueur wines of an actual alcoholic strength of 15° C 3-5 u.a./ hl

2. The tariff quota laid dow in paragraph 1 shall be notifying the Commission, draw a second share, to the divided into two tranches . extent that the corresponding reserve so permits, equal to 1 5 % of its initial share, rounded up to the next whole number, if necessary. A first tranche of 2 250 hectolitres of the quota shall be allocated among the Member States ; the shares, which subject to Article 6 shall be applicable for the 2. If, after any of the initial shares has been used period of applicability of this Regulation, shall be as up, 90 % or more of the second share drawn by a follows : Member State has been used up, that Member State (in hectolitres) shall, under the conditions laid down in paragraph 1 Benelux 50 and to the extent that the corresponding reserve so Denmark 50 permits, draw a third share equal to 7-5 % of its initial 50 share, rounded up to the next whole number, if neces­ Germany France sary . 50 Ireland 100 Italy 50 3 . If, after any of the second shares has been used United Kingdom 1 900 . up, 90 % or more of the third share drawn by a Member State has been used up, that Member State shall, under the conditions laid down in paragraph 1 , draw a fourth share equal to the third. The second tranche of the quota, i.e. 250 hectolitres, shall constitute the corresponding reserve. This procedure shall apply until the corresponding reserve is used up. 3. The wines in question shall benefit from these tariff quotas on condition that the prices on import into the Community are not at any time less than the 4. By way of derogation from paragraphs 1 , 2 and free-at-frontier reference prices referred to in Regula­ 3, Member States may draw shares less than those tion (EEC) No 2506/75 which apply to such prices. specified therein if there are grounds for believing that those specified may not be fully used up. They shall inform the Commission of their reasons for applying this paragraph.

Article4¶

Article 5 1 . If 90 % or more of a Member State s initial share, as determined in Articles 2 and 3, or of that share minus any portion returned to the corres­ Each of the additional shares drawn under Article 4 ponding reserve, where Article 6 has been applied, has shall be applicable for the period of applicability of been used up, that Member State shall forthwith, by this Regulation.

No L 355/46 Official Journal of the European Communities 31 . 12. 77

Article 6 pursuant to Article 4 are opened in such a way that imports may be charged without a break in continuity Member States shall return to the reserve not later against their aggregate shares of the tariff quota. than 1 March 1978 the unused portions of their initial shares which on 15 February 1978 are in excess of 2. Member States shall ensure that importers of the 20 % of the initial amounts. They may return a product in question established in their territory have greater portion if there are grounds for believing that free access to the shares allocated to them . such portion may not be fully used up. 3. The extent to which a Member State has used up Member States shall notify the Commission, not later its share shall be determined on the basis of the than 1 March 1978, of the total quantities of the imports entered at customs for home use. product in question imported up to and including 15 February 1978 and charged against the tariff quotas and of any portion of their initial shares returned to Article 9 each of the reserves . At the Commission's request, Member States shall Article 7 inform it of imports actually charged against their shares . The Commission shall keep an account of the amounts of the shares opened by the Member States pursuant to Articles 2 to 4 and, as soon as it has been Article 10 notified, shall inform each State of the extent to which the reserves have been used up. Member States and the Commission shall cooperate It shall inform the Member States, not later than 5 closely to ensure that Articles 2 to 9 are complied with . March 1978 , of the state of each of the reserves after amounts have been returned thereto pursuant to Article 6 . Article 11 It shall ensure that the drawing which exhausts any of the reserves does not exceed the balance available and, This Regulation shall enter into force on 1 January 1978 . to this end, shall notify the amount of that balance to the Member State making the last drawing. It shall apply until the entry into force of a supple­ Article 8 mentary Protocol on agricultural products between the European Economic Community and the Republic of 1 . Member States shall take all appropriate Cyprus or until 31 March 1978, whichever is the measures to ensure that additional shares drawn earlier.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 29 December 1977. For the Council The President

H. SIMONET