CELEX: 51987PC0489
Language: en
Date: 1987-10-22
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quota for dried figs falling within ex 08.04.20-90 of the Combined Nomenclature Code originating in Spain (1988)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within 08.06.20-11; 08.06.20-19 of the Combined Nomenclature Code originating in Spain (1988)#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 489
Vol. 1987/0244
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
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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
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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, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(87 ) 489 final
                                                     Brussels , 22 October 1987
                                      Proposal for a
                               COUNCIL REGULATION ( EEC )
         opening and providing for the administration of Community tariff
        quota for dried figs falling within ex 08.04.20-90 of the Combined
                    Nomenclature Code originating in Spain ( 1988 )
                                       Proposal for a
                               COUNCIL REGULATION ( EEC )
            opening , allocating and providing for the administration of
             a Community tariff quota for dried grapes falling within
            08.06.20-11 ; 08.06.20-19 of the Combined Nomenclature Code
                             originating in Spain ( 1988 )
                                   (presented by the Commission )
                                 ?
                                              £ri
C0M(87 ) 489 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
According to articles 30 and 75 of the Act of Accession the duties
applicable to imports into the Ccrmunity of Ten of agricultural
products grown in Spain shall be progressively abolished .
Consequently , these provisions are applicable to duties to be levied
in the frainework of the following Community Customs quotas :
- 200 tonnes of dried figs falling within ex 0804.20-90 of the
  Combined Nomenclature Code , and
- 1 900 tonnes of dried grapes falling within 0806.20-11 ; 0806.20-19
  of the Combined Nomenclature Gode .
The duties in question shall be reduced to 62 , 5 % of the basic
duties on 1 January 1988 .  By deviation frcm Article 30 of the
abovementioned act Regulation ( EIEC ) No 443 /86 concerning the basic
duties to be adopted for the purpose of the calculation of the
duties provides that the basic duties are those which have been
actually applied on 1 January 1986 . These tariff measures are not
applicable in Portugal because Regulation ( EEC ) 3792 /85 laying down
the arrangements applying to trade in agricultural products between
Spain and Portugal provides for particular provisions on the
subject .
The Commission is conscious of the fact that the transposition of
certain tariff concessions of the Cbnmon Customs tariff into the
Combined Nomenclature and the possible adoption of the basic duties
on account of this transposition may create problems which need a
clarification between the parties concerned . The Commission reserves
therefore the possibility of modifying its proposal during the
procedure to adapt it according to the necessities .
 ---pagebreak---                                 - 2 -
Therefore , for the period 1 January to 31 December 1988 the
abovementioned tariff quotas should be opened in the Community as
constituted on 31 December 1985 at duties calculated according to the
provisions provided for on the subject .
The first proposal of a Regulation concerning dried figs does not
provide for an allocation among the Member States . The needs are
covered by the drawings of the Member States concerned , according to
the procedure provided for this situation .
The second proposal for a Regulation concerning dried grapes provides
- as is customary in such cases - for the division of the quota into
two instalments , the first being allocated among the Member States as
quota shares and the second being held as a reserve .
As regards the distribution of the first instalment of this quota ,
account was taken of the fact that there were no imports or only
occasional imports into certain Member States in the last years .
Initial shares have therefore been allocated only to the importing
Member States with the other Member States being guaranteed access to
the benefit of the tariff quota once imports by them of the products
concerned have been notified .
As regards the method of administration to be applied by all the
Member States , the Commission proposes the "Greyhound system".
Such is the aim of the attached proposal .
 ---pagebreak---                                                       Proposai for a                                Amex I
                                            COUNCIL REGULATION (EEC)
                   -opening, aflUHaife and providing for the administration of a Community tariff auota for
                    dried figs falling within ex 0804.20-90 of the Combined Nomenclature Code
                                                       originating in Spain ( 198S)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Act of Accession of Spain and
 Portugal , and in particular Articles 30 and 75 thereof,
 Having regard to the proposal from the Commission ,
 Whereas, according to Articles 30 and 75 of the Act of
 Accession , the duties applicable on the import into the
 Community                                     as constituted on 31 December 1985 Of dried figs falling within
   ex 0804.20-90 of the Combined Nomenclature fidi Code and
 originating in Spain, within the limits of a Community
 tariff quota of 200 tonnes shall be progressively abolished;
 whereas these duties are to be reduced to 62,5% of the basic
 duties on 1 January 198 8; whereas, by derogation from
 Article 30 of the Act of Accession, Council Regulation
 (EEC) No 443 / 86 of 24 February 1986 concerning the
 basic duties to be adopted in the Community as constituted on 31 December 1985
 purpose of calculating the successive reductions provided
 for in the Act of Accession of Spain and Portugal ( ' )
 provides that the basic duties are those which were actually
 been applied on 1 January 1986 ; whereas, therefore, to
 establish the duties applicable on the import of these
 products, a Community tariff quota should' be opened for
 the period 1 January to 31 December 1988 for 200 tonnes
 of dried figs originating in Spain and falling within ex 0804.20-90 of the Combined
Nomenclature Code             at duties as shown in the table in
 Article 1 ;
 Whereas Council Regulation (EEC) No 3792 / 85 of
 20 December 1985 laying down the arrangements applying
 to trade in agricultural products between Spain and
 Portugal ( 2 ) provides for particular rules for the import into
 Portugal of the products in question, originating in Spain;
 whereas, consequently, the Community tariff quota is
 applicable only in the Community            as constituted on 31 December 1985;
 (■) OJ No L 50 , 28 . 2 . 1986 , p. 9 .
 (l ) OJ No L 367 , 31 . 12 . 1985 , p. 7.
 ---pagebreak---                                                - 2 -
                                                                                         Annex I
    hbereas from the date of opening of this quota the Nomenclature
    used under the Common Customs Tariff will be replaced by the
    Combined Nomenclature based on the International Convention on
    the Harmonized System of commodity description and coding system;
    Wiereas this Regulation should take into account this*fcct by
     including the Combined Nomenclature Codes as well as where
     appropriate the TARIC codes relevant to the products in question;
            Whereas it is in particular necessary to ensure to 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 , in the present case , it seems
            advisable not to allocate this quota among the Member
            States without prejudice to the drawing against the quota
            volume of such quantities as they may need , under the
            conditions and according to the procedure specified in
            Article 1 ( 2 ); whereas this method of management requires
            close cooperation between the Member States and the
            Commission and 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 within and jointly represented by the Benelux
            Economic        Union , all transaction concerning;       the
            administration of                    shares allocated to that
            economic union may be carried out by any of its
            members ,
            HAS ADOPTED THIS REGULATION ;
                                         Article 1
            1 . From 1 January to 31 December 1988 on the import lr,t°
               tne Community         as constituted on 31 December 1985
           the customs duty for the following products is
           suspended at a level and within the limits of a Community
           tariff quota as follows :
             Combined                                                  Amount oí   Rate of
 Order
            iNumenCLdCur i                    Description             tanfi quota   duty
   No
                                                                        ( tonnes )   (%)
             Code
09.0301    ;x U804.20-9 ]      Dried figs in immediate packings            200      6,2
                              of a net capacity of 15 kilo¬
                              grams or less, originating in
                              Spain
 ---pagebreak---                                                                                            Annex I
2. If an importer notifies an imminent importation of the
product in question in a Member State 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 permits this.
 3. The shares drawn pursuant to paragraph 2 shall be
 valid until the end of the quota period.
                          Article 2
                                                                                          Article 3
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 1 (2) are         At the request of the Commission , Member States shall
carried out in such a way that imports may be charged            inform it of imports actually charged against the quota .
without interruption against their accumulated shares of
the Community quota .
2. Each Member State shall ensure that importers of the                                   Article 4
said goods have access- to the quota so long as the residual
balance of the quota volume so permits.                          The Member States and the Commission shall collaborate
                                                                 closely in order to ensure that this Regulation is complied
3 . Member States shall charge imports of the said goods         with .
against their drawings as and when the goods are entered
for free circulation .
4. The extent- to which the quota has been used up shall                                  Article S
be determined on the basis of the imports charged in
accordance with paragraph 3 .                                    This Regulation shall enter into force on 1 January 1988.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels ,
                                                                                     For the Council
                                                                                      The President
 ---pagebreak---                                                                                                 An nex II
                                                             Proposai for a
                                              COUNCIL REGULATION ( EEC ) No             '01
                                                            of
                   opening , allocating and providing for the administration of a Community tariff quota for
                    dried grapes falling within 0806.20-11 ; 0806.20-19 of the ConPir^O i^.cluture Codes
                                                      and originating in Spain ( 198 8)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Spain and
Portugal and in particular Articles 30 and 75 thereof ,
Having regard to the proposal from the Commission ,
Whereas , according to Articles 30 and 75 of the Act of
Accession , the duties applicable on the import into the
Community as constituted on 31 December 1985 of dried grapes falling within 0806.20-11 ;
0806.20-19 of the Combined Nomenclature Codes fife and
originating in Spain within the limits of a Community tariff
quota of 1 900 tonnes shall be progressively abolished ;
whereas these duties are to be reduced to 62,5% of the basic
duties on 1 January 19S<$; whereas , by derogation from
Article 30 of the Act of Accession , Council Regulation
( EEC ) No 443 / 86 of 24 February 1986 concerning the
basic duties to be adopted in the Community as constituted on 31 December 1985 for toe
purpose of calculating the successive reductions provided
for in the Act of Accession of Spain and Portugal ( ' )
provides that the basic duties are those which actually have
been applied on 1 January 1986 ; whereas , therefore , to
establish the duties applicable on the import of these
products , a Community tariff quota should be opened for
the period 1 January to 31 December 1987 for 1 900
tonnes of dried grapes originating in Spain and falling
within 0806.2CM1 ; 0806.20-19 of the Combined Nomenclature Codes at the duty shown in the table
in Article 1 ;
Whereas Council Regulation ( EEC ) No 3792 / 85 of
20 December 1985 laying down the arrangements applying
to trade in agricultural products between Spain and
Portugal ( 2 ' provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;
whereas , consequently , the Community tariff quotas are
only applicable in the Community as constituted on 31 December 1985;
          ( ' ) OJ No L 50 , 28 . 2 . 1°86 , p. 9 .
          ( ! ) OJ No L 367 , 31 . 12 . 1985 , p. 7 .
 ---pagebreak---                                                                                            Amex I
2. If an importer notifies an imminent importation of the
product in question in a Member State 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 permits this.
 3. The shares drawn pursuant to paragraph 2 shall be
 valid until the end of the quota period .
                           Article 2
                                                                                          Article 3
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 1 ( 2) are        At the request of the Commission , Member States shall
carried out in such a way that imports may be charged            inform it of imports actually charged against the quota.
without interruption against their accumulated shares of
the Community quota .
2. Each Member State shall ensure that importers of the                                   Article 4
said goods have access- to the quota so long as the residual
balance of the quota volume so permits.                          The Member States and the Commission shall collaborate
                                                                 closely in order to ensure that this Regulation is complied
3. Member States shall charge imports of the said goods          with .
against their drawings as and when the goods are entered
for free circulation .
4. The extent to which the quota has been used up shall                                   Article S
be determined on the basis of the imports charged in
accordance with paragraph 3 .                                    This Regulation shall enter into force on 1 January 1988.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                     For the Council
                                                                                      The President
 ---pagebreak---                                                                                                  An nex 1 1
                                                             Proposai for a
                                                 COUNCIL REGULATION ( EEC ) No
                                                            of
                    opening , allocating and providing for the administration of a Community tariff quota for
                    dried grapes falling within 0806.2011 ; G806.2O19 of the ComDineC i Moment, la tui'e Codes
                                                      and originating in Spain ( 198 8)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Act of Accession of Spain and
Portugal and in particular Articles 30 and 75 thereof ,
Having regard to the proposal from the Commission ,
Whereas , according to Articles 30 and 75 of the Act of
Accession , the dunes applicable on the import into the
Community as constituted on 31 December 1985 of dried grapes falling within 0806.2011 ;
0806.2019 of the Combined Nomenclature Codes ■S& and
originating in bpain within the limits of a Community tariff
quota of 1 900 tonnes shall be progressively abolished ;
whereas these duties are to be reduced to 62,5% of the basic
duties on 1 January 198$; whereas , by derogation from
Article 30 of the Act of Accession , Council Regulation
( EEC ) No 443 / 86 of 24 February 1986 concerning the
basic duties to be adopted in the Community as constituted On 31 December 1985 for the
purpose of calculating the successive reductions provided
for in the Act of Accession of Spain and Portugal (*)
provides that the basic duties are those which actually have
been applied on 1 January 1986 ; whereas , therefore , to
establish the duties applicable on the import of these
products , a Community tariff quota should be opened for
the period 1 January to 31 December 1987 for 1 900
tonnes of dried grapes originating in Spain and falling
within 0806.2011 ; 0806.2019 of the Combined Nomenclature Codes at the duty shown in the table
in Article 1 ;
Whereas Council Regulation ( EEC ) No 3792 / 85 of
20 December 1985 laying down the arrangements applying
to trade in agricultural products between Spain and
Portugal ( ; ' provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;
whereas , consequently , the Communirv tariff quotas are
only applicable in the Community as constituted on 31 December 1985;
          ( ' ) OJ No L 50 , 28 . 2 . l r'86 , p. 9 .
          (») OJ No L 367 , 31 . 12 . 1985 , p. 7 .
 ---pagebreak---                            - 2 -
                                                                    Алпех II
 Whereas from the date of opening of this quota the
 Nomenclature used under the Common Customs Tariff will
 be replaced by the Combined Nomenclature based on the
 International Convention on the Harmonized System of
 Commodity Description and Coding System;
 Whereas this Regulation should take into account this fact
 by including the Combined Nomenclature Codes relevant to
 the products in question;
   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 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 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
   Spain 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, imports into each of the Member States were as
    follows :
                                                                         ( in tonnes )
Member States                     1984                 1985                   1986
Benelux                               2                   26                     6
Denmark                               5                     3,1                  •
                                      3                     3                    4
Germany
Greece
                                      “*
Spain
France                              80                  103                     43
Ireland                                                     1                    1
                                      7                   14,9                   6
Italy
United Kingdom                                              –
                                                                                 1
         Whereas in the last three years the products in question
         were only imported regularly by certain Member States and
         not at all or only occasionally by the other Member States;
         whereas, under these circumstances, in the first phase,
         initial shares should be allocated to the genuine importing
         Member States and the other Member States should be
         guaranteed access to the benefit of the tariff quotas when
         imports    take    place  in    the latter ; whereas    these
         arrangements for allocation will equally ensure the uniform
         application of the     Combined Nomenclature;
 ---pagebreak---                                                         - 3 -
                                                                                                         Annex II
                            Whereas , in order to take into account import trends for
                            the products concerned in the vanous Member States , tne
                            quota 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 , the first instalment of the Community quota
                            should , under the circumstances , be fixed at A 0 %
                                          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 share 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 amounts have been
                            used up and to inform 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 the 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;
                             Ih Meac’ S,'nC! thC Kingdom o{                    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 my be carried out by any of its members
                            HAS ADOPTED THIS REGULATION :
                                                         Article 1
               _         _Jr0m1 LLanuary to 31 Decemberr 19S        1   § on
                                                                        Q     import into the Community as
constituted on 31 December 1985,                   , the duty for for the
                                                                      the following products
                           shall be totally suspended within the limits of a Community7
                           tariff quota as follows :
        Order   Combined
                                                                                   Amount          Rate
         No     Noe ,iene latun ■                   Description                    of quota      of duty
                Code
                                                                                   ( tonnes )      (%)
               D806 . 20-11
      09.0303
               D806.20-19           Dried grapes , originating in Spain              1 900        free
 ---pagebreak---                                - A -
                                                               Amex II
                             Article 2
  1 . A first instalment amounting to 760 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 198g,
 shall be as follows:
                                                    (tonnes)
         Benelux                                       86
         Denmark                                       20
         Germany                                       27
         France                                      558
         Italy                                        69
  2. The second instalment amounting to 1 1 AO tonnes shall
  constitute the reserve.
3. If an importer notifies the imminent import of the
product in question into the other Member States 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 .
 ---pagebreak---                                                                         Λ
                          - 5 -
                                                               Ærmex II
                             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 shail , 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 198y .
 ---pagebreak---                                                                                                                                /*
                                                         - 6 -
                                                                                                  Annex II
                                                                                                                  »
                           Article 5                                                       Article 7
The Member States shall return to the reserve, not later          1 . The Member States shall take all measures necessary to
than 1 October 198$ such unused portion of their initial         ensure that additional shares drawn pursuant to Article 3
share as, on 15 September 1983, is in excess of 20 % of the      are opened in such a way that imports may be charged
initial volume . They may return a larger quantity if there      without interruption against their accumulated shares of
are grounds for believing that this quantity may not be          the Community tariff quota.
used .
                                                                 2. The Member States shall ensure that importers of the
                                                                 products in question have free access to the shares allocated
                                                                 to them .
The Member States shall notify the Commission, not later
than 1 October 1988 , of the total quantities of the products
in question imported up to 15 September 198 8 and charged        3 . The Member States shall charge the imports of the
against the tariff quota and of any quantity of the initial      products concerned against their shares as and when the
shares returned to the reserve.                                  products are entered with customs authorities for free
                                                                 circulation .
                                                                 4. The extent to which a Member State has used up its
                                                                 shares shall be determined on the basis of the imports
                           Article 6
                                                                 charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                   Article 8
and , as soon , as it is notified , shall inform each Member
State of the extent to which the reserve has been used up.       At the Commission’s request the Member States shall
                                                                 inform it of imports actually charged against their shares.
It shall inform the Member States not later than 5 October
                                                                                           Article 9  '
198 8 of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
                                                                 The Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and, to this end,                                   Article 10
notify the amount of that balance to the Member State
making the last drawing.                                         This Regulation shall enter into force on 1 January 1988.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                     For the Council
                                                                                      The President
                                                                                             (                  1