CELEX: 31986R4007
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4007/86 of 16 December 1986 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)

31 . 12 . 86                             Official Journal of the European Communities                               No L 374 / 1
                                                                 I
                                              (Acts whose publication is obligatory)
                                         COUNCIL REGULATION ( EEC ) No 4007 / 86
                                                       of 16 December 1986
               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 ,                           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
Having regard to the Treaty establishing the European               proportion to the requirements of the Member States ,
Economic Community , and in particular Article 113                  calculated by reference to the statistics for imports from
thereof,                                                            Morocco over a representative reference period and also to
                                                                    the economic outlook for the quota period in question ;
Having regard to the proposal from the Commission ,
                                                                    Whereas , during the last three years for which statistics are
                                                                    available , the corresponding imports of each Member State
Whereas , the Cooperation Agreement between the                     represent the following percentages of imports into the
European Economic Community and the Kingdom of                      Community from Morocco of the product in question :
Morocco ( J ), signed on 27 April 1976 , provides for the
opening by the Community of an annual Community tariff
                                                                               Member State           1983     1984        1985
quota of 8 250 tonnes of apricot pulp falling within
subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
                                                                    Benelux                             1         2          6
Tariff and originating in Morocco ; whereas the customs
                                                                    Denmark                            —        —           —
duties applicable to the quota are equal to 70 % of the             Germany                            —        —           —
customs duties actually applied to non-member countries ;           Greece                             —        —           —
whereas the Community tariff quota in question should               France                             97       98          94
therefore be opened for 1987 ;                                      Ireland                            —        —           —
                                                                    Italv                              —        —           —
                                                                    United Kingdom                      2       —           —
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 take the measures referred
to in Articles 180 and 367 of that Act ; whereas the tariff         Whereas both these percentages and the estimates from
                                                                    certain Member States should be taken into account as well
measure concerned will , therefore , apply to               the
Community as constituted on 31 December 1985 ;                      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
Whereas it is in particular necessary to ensure for all             approximate percentages of the initial quota shares may
                                                                    therefore be fixed as follows :
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                  Benelux                                    5,5
products concerned into all Member States until the quota                   Denmark                                    1,3
has been used up ; whereas , having regard to the above                     Germany                                    6,5
principles , the Community nature of the quota can be                       Greece                                     0,3
                                                                            France                                    75,7
                                                                            Ireland                                    1,3
                                                                            Italy                                      1,3
(>) OJ No L 264 , 27 . 9 . 1978 , p. 1 .                                    United Kingdom                             8,1
 ---pagebreak---  No L 374 / 2                              Official Journal of the European Communities                                       31 . 12 . 86
 Whereas, in order to take into account import trends for                 Whereas if, at a given date in the quota period , a
 the products concerned in the various Member States , the                substantial quantity remains unused in any Member State,
 quota amount should be divided into two instalments , the                it is essential that that Member State should return a
 first being shared among the Member States and the second                significant proportion to the reserve to prevent a part of
 constituting a reserve to cover at a later date the                      any tariff quota from remaining unused in one Member
 requirements of the Member States which have used up                     State when it could be used in others ;
 their initial quota shares ; whereas , in order to give
 importers in each Member State a certain degree of                       Whereas, since the Kingdom of Belgium, the Kingdom of
 security , the first instalment of the Community quota                   the Netherlands and the Grand Duchy of Luxembourg are
 should under the circumstances be fixed at 55 % of the                   united within and jointly represented by the Benelux
 quota volume ;                                                           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
 Whereas the Member States' initial shares may be used up                 members ,
 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               HAS ADOPTED THIS REGULATION :
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                                           Article 1
additional shares must be valid until the end of the quota
period; whereas this method of administration requires                    From 1 January to 31 December 1987, the customs duty
close cooperation between the Member States and the                       applicable in the Community , as constituted on
Commission , and the latter must be in a position to                      31 December 1985 , on the following products , shall be
monitor the extent to which the quota volume has been                     suspended at the level and within the limits of a
used up and to inform the Member States thereof;                          Community tariff quota as shown herewith :
                                                                                                         Amount of       Tariff quota
    Order No          CCT heading
                           No                                     Description                            tariff quota        duty
                                                                                                           ( tonnes )        (% )
     09.1105     ex 20.06 B II c ) 1 aa ) Apricot pulp originating in Morocco                                8 250          11,9
                             Article 2                                   portion returned to the reserve where Article 5 has been
                                                                         applied, has been used up , then , to the extent permitted by
 1 . A first instalment amounting to 3 700 tonnes of the                 the amount of the reserve , that Member State shall
Community tariff quota referred to in Article 1 shall be                 forthwith , by notifying the Commission , draw a second
allocated among the Member States ; the shares which ,                   share equal to 15 % of its initial share , rounded up where
subject to Article 5 , shall be valid until 31 December 1987             necessary to the next unit .
shall be as follows :
                                                   (tonnes)
         Benelux                                      200                2 . If, after its initial share has been used up , 90 % or
         Denmark                                        50
                                                                         more of the second share drawn by a Member State has
         Germany                                      240
                                                                         been used up , then that Member State shall , in accordance
         Greece                                         10
                                                                         with the conditions laid down in paragraph 1 , draw a third
         France                                     2 800
                                                                         share equal to 7,5 % of its initial share .
         Ireland                                        50
         Italy                                          50
         United Kingdom                               300                3 . If, after its second share has been used up , 90 % or
                                                                         more of the third share drawn by a Member State has been
2 . The second instalment amounting to 4 550 tonnes shall                used up , that Member State shall , in accordance with the
constitute the reserve .                                                 conditions laid down in paragraph 1 , draw a fourth share
                                                                         equal to the third .
                                                                         This process shall continue until the reserve is used up .
                             Article 3
1 . If 90 % or more of a Member State's initial share as                 4 . By way of derogation from paragraphs 1 , 2 and 3 , a
specified in Article 2 ( 1 ), or 90 % of that share minus the            Member State may draw shares smaller than those fixed in
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                               No L 374 / 3
those paragraphs if there are grounds for believing that             notify the amount of that balance to the Member State
they might not be used up . It shall inform the Commission           making the last drawing .
of its reasons for applying this paragraph .
                                                                                               Article 7
                            Article 4
                                                                     1 . The Member States shall take all measures necessary to
The additional shares drawn pursuant to Article 3 shall be           ensure that additional shares drawn pursuant to Article 3
valid until 31 December 1987 .                                       are opened in such a way that imports may be charged
                                                                     without interruption against their accumulated shares of
                                                                     the tariff quota .
                            Article 5
                                                                     2 . The Member States shall ensure that importers of the
 The Member States shall return to the reserve , not later           products in question have free access to the shares allocated
                                                                     to them .
than 1 October 1987 , such unused portion of their initial
 shares as , on 15 September 1987 , is in excess of 20 % of
 the initial volume . They may return a larger quantity if           3 . The Member States shall charge the imports of the
 there are grounds for believing that this quantity may not          products concerned against their shares as and when the
 be used .                                                           products are entered with customs authorities for free
                                                                     circulation .
 The Member States shall notify the Commission , not later
 than 1 October 1987 , of the total quantities of the products       4 . The extent to which a Member State has used up its
 in question imported up to 15 September 1987 and charged            share shall be determined on the basis of the imports
 against the tariff quota and of any quantity of the initial         charged in accordance with paragraph 3 .
 shares returned to the reserve .
                                                                                               Article 8
                            Article 6
                                                                     At the Commission's request , the Member States shall
                                                                     inform it of imports actually charged against their shares .
 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                                    Article 9
 State of the extent to which the reserve has been used up .
                                                                     The Member States and the Commission shall cooperate
 It shall inform the Member States , not later than 5 October        closely to ensure that this Regulation is complied with .
 1987 , of the amount in the reserve after quantities have
 been returned thereto pursuant to Article 5 .
                                                                                              Article 10
 It shall ensure that the drawing which exhausts the reserve
 does not exceed the balance available and , to this end , shall     This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                  Done at Brussels , 16 December 1986 .
                                                                                         For the Council
                                                                                           The President
                                                                                             G. HOWE