31978R0781

20 . 4 . 78 No L 106 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 781 / 78 of 17 April 1978 concerning the arrangements applicable to trade in the agricultural sector between the European Economic Community and Cyprus

THE COUNCIL OF THE EUROPEAN Whereas from 1 April 1978 onwards certain agricul­ COMMUNITIES , tural products are no longer covered by preferential arrangements in trade with the Community ; whereas provision should therefore be made for certain addi­ Having regard to the Treaty establishing the European tional autonomous measures , of a short-term nature , Economic Community, and in particular Article 113 in order to avoid disturbance in trade in the products thereof, in question pending the entry into force of a Supplementary Protocol on agricultural products ;

Having regard to the proposal from the Commission ,

Whereas equal and uninterrupted access to the Whereas the Additional Protocol to the Agreement Community tariff quotas provided for in this Regula­ establishing an association between the European tion and uninterrupted application of the rates laid Etonomic Community and the Republic of Cyprus down for those quotas to all imports of the products signed on 15 September 1977 extends, until 31 concerned into all Member States until each quota has December 1979, with certain supplementary been used up should in particular be ensured for all measures, the first stage of the abovementioned Agree­ Community importers ; whereas, having regard to the ment ; abovementioned principles, the Community nature of the quotas can^e respected by allocating them among the Member States ; whereas , in order to reflect more Whereas in a declaration annexed to the Final Act of accurately the actual development of the market in the Agreement the Community stated that it was the products concerned , such allocation should be in prepared to re-examine with the Republic of Cyprus proportion to the needs of the Member States , the provisions of the Agreement relating to agricul­ assessed by reference to both the statistics of each tural products, in the light of the result of work under­ State's imports of the said goods from Cyprus over a taken with a view to a global approach to the Commu­ representative reference period and the economic nity's relations with the Mediterranean countries, in outlook for the quota period concerned ; the course of which work the interests of Cyprus should be taken into consideration ; Whereas, however, neither Community nor national statistics showing the breakdown for each of the types Whereas as a result of the negotiations for the conclu­ sion of the abovementioned Additional Protocol an of wines in question are available ; whereas, however, it is to be anticipated that the greater part thereof will exchange of letters took place concerning agricultural be imported into two Member States ; whereas in products, whereby the Community undertakes to use these circumstances the quota volumes should be allo­ its best endeavours to see that negotiations on agricul­ cated in initial shares by reference to the probable ture take place in good time to put into effect the demand for these wines on the market of the various conclusions of these negotiations on 1 January 1978 ; Member States ; whereas, by Regulation (EEC) No 301 8/77 ('), the Community has laid down autonomous preferential arrangements for certain agricultural products origi­ nating in Cyprus, which were applicable until 31 Whereas, in order to take into account import trends March 1978 : for the products concerned in the different Member States, the quota amount should be divided into two (') OJ No L 355, 31 . 12. 1977, p. 42. instalments, the first instalment being allocated

No L 106/2 20 . 4. 78 Official Journal of the European Communities

among the Member States and the second instalment Whereas if, at a specified date in the quota period, a forming a reserve intended to cover the subsequent considerable balance remains in one or other Member requirements of the Member States which have used State, it is essential that that Member State pays a large up their initial quota shares ; whereas, in order to amount of it back into the reserve, in order to avoid a ensure a certain degree of security to importers in part of the tariff quota remaining unused in one each Member State, the first instalment of the Member State when it could be used in others ; Community quota should be determined at a level which , under present circumstances, may be 90 % of Whereas, since the Kingdom of Belgium, the the quota amount ; Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Whereas the initial shares of the Member States may Benelux Economic Union, all transactions concerning be used up at different times ; whereas, in order to the administration of shares allocated to that take this fact into account and avoid any break in economic union may be carried out by any of its continuity, it is important that any Member State members, having used up almost the whole of its initial 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 HAS ADOPTED THIS REGULATION : entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional shares must be available for use until the end of the Article 1 quota period ; whereas this method of administration calls for close cooperation between Member States and From 1 April 1978, customs duties on imports into the Commission , which must, in particular, be able to the Community of the products originating in Cyprus observe the extent to which the quota amount is used, which are listed below shall be reduced by the percen­ and inform Member States thereof ; tage rates indicated for each of them :

CCT Rate of IlL'iulillg Description reduction No ( % >

07.01 Vegetables, fresh or chilled : F. Leguminous vegetables, shelled or unshelled : II . Beans (of the species Phaseolus) : ex a) From 1 October to 30 June : — From 1 to 30 April 60 ex H. Onions, shallots and garlic : — Onions, from 1 April to 15 May 60 M. Tomatoes : ex I. From 1 November to 14 May : — From 1 to 15 April 60 S. Sweet peppers 40 ex T. Other : — Aubergines, from 1 to 30 April 60 50 — Stick celery, from 1 to 30 April

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

20 . 4 . 78 Official Journal of the European Communities No L 106/3

CCT Rate of heading Description reduction No ( % )

ex 08.09 Other fruit , fresh :

— Melons, from 1 April to 31 May 50 — Water melons , from 1 April to 15 June 50

1 2.03 Seeds, fruit and spores, of a kind used for sowing :

E. Other (a) 60

1 2.08 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

ex 8 . Other fruits :

— 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

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

No L 106/4 Official Journal of the European Communities 20 . 4 . 78

CCT Rate of heading Description reduction No < % >

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 15 °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 not exceeding 30 u.a . per 100 kg net weight : — Orange juice 70 — Grapefruit juice 70 B. Of a specific gravity of 133 or less at 15 °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 5. The shares drawn pursuant to paragraph 4 shall be valid until 15 May and 30 June 1978 respectively.

1 . From 1 April to 15 May 1978 , the Common Customs Tariff duty on new potatoes, falling within subheading ex 07.01 A II a) and originating in Cyprus Article 3 shall be suspended at 5.2 % within the limit of a Community tariff quota of 25 000 tonnes . 1 . From 1 April to 15 May 1978 , the Common Customs Tariff duty on carrots, falling within 2 . From 16 May to 30 June 1978 , the Common subheading ex 07.01 G II and originating in Cyprus, Customs Tariff duty on new potatoes, falling within shall be suspended at 6.8 % within the limit of a subheading 07.01 A II b) and originating in Cyprus, Community tariff quota of 2 200 tonnes. shall be suspended at 7.3 % within the limit of a Community tariff quota of 75 000 tonnes . 2 . The tariff quota referred to in paragraph 1 shall constitute the Community reserve. 3 . The tariff quota referred to in paragraphs 1 shall constitute the Community reserves . 3 . If a need for such products arises in a Member State that State shall draw an adequate share from the reserve to the extent that the reserves so permit. 4 . If a need for such products arises in a Member State that State shall draw an adequate share from the corresponding reserve to the extent that the reserves 4 . The shares drawn pursuant to paragraph 3 shall so permit . be valid until 15 May 1978 .

20 . 4. 78 No L 106/ 5 Official Journal of the European Communities

Article 4 Italy 3 United Kingdom 46 1 . From 8 to 30 June 1978 , the Common Customs The second tranche of the quota, i.e. eight tonnes, Tariff duty on table grapes, falling within subheading shall constitute the corresponding reserve . ex 08.04 Ala) and originating in Cyprus, shall be suspended at 7.2 % within the limit of a Community Article 6 tariff quota of 500 tonnes. 1 . From 1 April 1978 , the Common Customs Tariff 2. The tariff quota referred to in paragraph 1 shall duty on dried grapes, in immediate containers of a net constitute the Community reserve . capacity of 1 5 kilograms or less, falling within subheading 08.04 B I and originating in Cyprus, shall 3. If a need for such products arises in a Member be totally suspended within the limit of a Community State that State shall draw an adequate share from the tariff quota of 125 tonnes. reserve to the extent that the reserve so permits . 2. The tariff quota referred to in paragraph 1 shall 4. The shares drawn pursuant to paragraph 3 shall be divided into two tranches . be valid until 30 June 1978 . A first tranche of 1 10 tonnes of the quota shall be allo­ cated among the Member States ; the shares which , Article 5 subject to Article 10, shall be valid until 30 June 1978 , shall be as follows : 1 . From 1 April 1978, the Common Customs Tariff duty on sweet peppers, falling within subheading (tonnes) 07.01 S and originating in Cyprus, shall be suspended Benelux 5 at 4.5 % within the limit of a Community tariff quota Denmark 5 of 75 tonnes . Germany 10 France 5 2. The tariff quota referred to in paragraph 1 shall Ireland 5 de divided into two tranches . 5 Italy United Kingdom 75 A first tranche of 67 tonnes of the quota shall be allo­ cated among the Member States ; the shares which, The second tranche of the quota, i.e. 15 tonnes, shall subject to Article 10, shall be valid until 30 June constitute the corresponding reserve . 1978 , shall be as follows : (tonnes) Article 7 Benelux 3 1 . From 1 April 1978 , the Common Customs Tariff Denmark 3 duties on the products originating in Cyprus which Germany 6 are listed below shall be suspended at the rates indi­ France 3 cated for each j) f them , within the limit of a Commu­ Ireland 3 nity tariff quota of 2 500 hectolitres .

CCT Rate heading Description No of duty

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 15 °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

No L 106/ 6 Official Journal of the European Communities 20 . 4 . 78

2. The tariff quota referred to in paragraph 1 shall Article 9 be divided into two tranches . Each of the additional shares drawn pursuant to A first tranche of 2 250 hectolitres of the quota shall Article 8 shall be valid until 30 June 1978 . be allocated among the Member States ; the shares which , subject to Article 10 , shall be valid until 30 Article 10 June 1978 , shall be as follows :

Member States shall return to the reserve not later (hectolitres) than 1 June 1978 the unused portions of their initial Benelux 50 shares which on 15 May 1978 are in excess of 20 % of Denmark 50 the initial amounts. They may return a greater portion 50 Germany if there are grounds for believing that such portion France 50 may not be fully used up . Ireland 100 50 Italy Member States shall notify the Commission, not later 1 900 United Kingdom than 1 June 1978 , of the total quantities of the product in question imported up to and including 15 The second tranche of the quota, i.e. 250 hectolitres, May 1978 and charged against the tariff quotas and of shall constitute the corresponding reserve. any portion of their initial shares returned to each of the reserves . 3 . The wines in question shall benefit from this tariff quota on condition that the prices on import into the Community are not at any time less than the Article 11 free-at-frontier reference prices referred to in Regula­ tion ( EEC) No 2506/75 which apply to such prices. The Commission shall keep an account of the amounts of the shares opened by the Member States pursuant to Articles 5 to 8 and, as soon as it has been Article 8 notified, shall inform each State of the extent to 1 . If 90 % or more of a Member State 's initial which the reserves have been used up. share, as determined in Articles 5 to 7, or of that share It shall inform the Member States, not later than 5 minus any portion returned to the corresponding June 1978 , of the state of each of the reserves after reserve, where Article 10 has been applied, has been amounts have been returned thereto pursuant to used up, that Member State shall forthwith , by noti­ Article 10 . fying the Commission, draw a second share, to the extent that the corresponding reserve so permits, It shall ensure that the drawing which exhausts any of equal to 15 % of its initial share, rounded up to the the reserves does not exceed the balance available and, next whole number, if necessary. to this end, shall notify the amount of the balance to the Member State making the last drawing. 2. If, after any of the initial shares has been used up, 90 % or more of the second share drawn by a Member State has been used up, that Member State Article 12 shall , under the conditions laid down in paragraph 1 and to the extent that the corresponding reserve so 1 . Member States shall take all appropriate permits, draw a third share equal to 7-5 % of its initial measures to ensure that additional shares drawn share, rounded up to the next whole number, if neces­ pursuant to Article 8 are opened in such a way that sary. imports may be charged without a break in continuity against their aggregate shares of the tariff quota. 3 . If, after any of the second shares has been used up, 90 % or more of the third share drawn by a 2. Member States shall ensure that importers of the Member State has been used up, that Member State product in question established in their territory have shall, on the conditions laid down in paragraph 1 , free access to the shares allocated to them . draw a fourth share equal to the third . 3 . The extent to which a Member State has used up This procedure shall apply until the corresponding its share shall be determined on the basis of the reserve is used up . imports entered at customs for home use .

4. By way of derogation from paragraphs 1 , 2 and 3, Member States may draw shares less than those Article 13 specified therein if there are grounds for believing that those specified may not be fully used up. They At the Commission's request, Member States shall shall inform the Commission of their reasons for inform it of imports actually charged against their shares . applying this paragraph .

20 . 4 . 78 Official Journal of the European Communities No L 106/7

Article14¶

Member States and the Commission shall cooperate closely to ensure that Articles 2 to 13 are complied This Regulation shall enter into force on the day of its with . publication in the Official Journal of the European Communities. Article 15

The Protocol on the definition of the concept of 'origi­ It shall apply from 1 April 1978 and until the entry nating products' and on methods of administrative into force of a Supplementary Protocol on agricultural cooperation annexed to the Agreement between the products between the European Economic Commu­ European Economic Community and Cyprus shall be nity and the Republic of Cyprus or until 30 June applicable . 1978 , whichever shall be the earlier.

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

Done at Luxembourg, 17 April 1978 .

For the Council

The President

K. HEINESEN