Council Regulation (EEC) No 436/80 of 18 February 1980 opening, allocating and providing for the administration of a Community tariff quota for fresh or chilled tomatoes, falling within subheading ex 07.01 M I of the Common Customs Tariff and originating in the African, Caribbean and Pacific States (March/April 1980)
Official Journal L 055 , 28/02/1980 P. 0019 - 0020
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COUNCIL REGULATION ( EEC ) NO 436/80
OF 18 FEBRUARY 1980
OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR FRESH OR CHILLED TOMATOES , FALLING WITHIN SUBHEADING EX 07.01 M I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( MARCH/APRIL 1980 )
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 ARTICLE 14 OF COUNCIL REGULATION ( EEC ) NO 435/80 ( 1 ) PROVIDES FOR THE OPENING BY THE COMMUNITY OF A COMMUNITY TARIFF QUOTA OF 2 000 TONNES OF FRESH OR CHILLED TOMATOES , FALLING WITHIN SUBHEADING EX 07.01 M I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES ; WHEREAS THE QUOTA PERIOD RUNS FROM 15 NOVEMBER TO 30 APRIL ; WHEREAS THE CUSTOMS DUTY APPLICABLE TO THE QUOTA IS SET AT 4,4 % , WITH A MINIMUM CHARGE OF 0,8 EUROPEAN UNITS OF ACCOUNT PER 100 KILOGRAMS NET WEIGHT ; WHEREAS THIS REGULATION ENTERS INTO FORCE FROM 1 MARCH 1980 ONLY ; WHEREAS , THEREFORE , THE PRO RATA TEMPORIS CLAUSE IS APPLICABLE TO THE QUOTA OF 727 TONNES SHOULD , THEREFORE , BE OPENED FOR THE PERIOD IN QUESTION ;
WHEREAS IT IS NECESSARY , IN PARTICULAR , TO ENSURE TO ALL COMMUNITY IMPORTERS EQUAL AND UNINTERRUPTED ACCESS TO THE ABOVEMENTIONED QUOTA AND UNINTERRUPTED APPLICATION OF THE RATES LAID DOWN FOR THAT QUOTA TO ALL IMPORTS OF THE PRODUCTS CONCERNED INTO ALL MEMBER STATES , UNTIL THE QUOTA HAS BEEN USED UP : WHEREAS , HOWEVER , SINCE THE TARIFF QUOTA INVOLVED IS OF A RELATIVELY LOW VOLUME AND THE PERIOD OF APPLICATION IS VERY SHORT , IT SEEMS POSSIBLE TO ALLOCATE THE WHOLE QUOTA VOLUME TO THE COMMUNITY RESERVE AND TO PROVIDE FOR THE POSSIBILITY THAT THOSE MEMBER STATES IN WHICH NEEDS MIGHT ARISE SHOULD DRAW APPROPRIATE QUANTITIES FROM THE RESERVE ; WHEREAS THE SHARES THUS DRAWN FROM THE RESERVE MUST BE VALID UNTIL THE END OF THE QUOTA PERIOD ; WHEREAS THIS METHOD OF MANAGEMENT REQUIRES CLOSE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION ; WHEREAS THE LATTER MUST , IN PARTICULAR , BE ABLE TO MONITOR THE RATE AT WHICH THE QUOTA IS USED UP AND INFORM THE MEMBER STATES THEREOF ;
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