CELEX: 31979R1255
Language: en
Date: 1979-06-25 00:00:00
Title: Council Regulation (EEC) No 1255/79 of 25 June 1979 opening, allocating and providing for the administration of a Community tariff quota for new potatoes, falling within subheading 07.01 A II b) of the Common Customs Tariff, originating in Cyprus

No L 160 / 8                          Official Journal of the European Communities                             28 . 6 . 79
                                     COUNCIL REGULATION ( EEC) No 1255/79
                                                       of 25 June 1979
               opening , allocating and providing for the administration of a Community tariff
               quota for new potatoes , falling within subheading 07.01 A II b) of the Common
                                          Customs Tariff, originating in Cyprus
THE COUNCIL OF THE EUROPEAN                                      Luxembourg are united within and jointly represented
COMMUNITIES,                                                     by the Benelux Economic Union , all transactions
                                                                 concerning the administration of the shares allocated
                                                                 to that economic union may be carried out by any
Having regard to the Treaty establishing the European            one of its members,
 Economic Community, and in particular Article 113
thereof,
                                                                 HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ,
Whereas Article 2 of the Protocol laying down certain                                    Article 1
provisions relating to trade in agricultural products
between the European Economic Community and                       1.   From 16 May to 30 June 1979, the Common
Cyprus (') provides for the opening of a Community               Customs Tariff duty for new potatoes, falling within
tariff quota of 60 000 tonnes of new potatoes origi­             subheading 07.01 A II b) of the Common Customs
nating in Cyprus, falling within subheading 07.01 A II           Tariff, originating in Cyprus, shall be suspended at
b) of the Common Customs Tariff, at a rate of                    9-4 % within the limits of a Community tariff quota
                                                                 of 60 000 tonnes .
customs duty equal to 45 % of the customs duty in
the Common Customs Tariff, for the period 16 May
to 30 June 1979 ; whereas this concession is subject to          The Protocol on the definition of the concept of 'origi­
the adoption of Community rules on new potatoes ;                nating products' and on methods of administrative
whereas, pending the entry into force of these rules, it         cooperation (2) annexed to the Additional Protocol to
is appropriate to avoid disturbances in trade in the             the Agreement between the European Economic
products in question ; whereas, under these condi­               Community and Cyprus shall be applicable.
tions, it is necessary to open a Community tariff quota
of 60 000 tonnes for the products and the period in              2. The volume of the tariff quota referred to in para­
question ;                                                       graph 1 shall constitute a reserve.
                                                                 3.    If the need should arise for the products in ques­
Whereas it is necessary in particular to ensure to all           tion in a Member State, the latter shall drawn an
Community importers equal and uninterrupted access               appropriate share from the reserve, providing that the
to the abovementioned quota, and uninterrupted appli­            size of the reserve so permits.
cation of the rates laid down for that quota to all
imports of the products concerned into all Member                4. The shares drawn pursuant to paragraph 3 shall
States until the quota has been used up ; whereas,               be valid until 30 June 1979 .
however, since the tariff quota involved is of a rela­
tively low volume and the period of application is very
                                                                                         Article 2
short, it seems possible to allocate the whole quota
volume to the Community reserve and to provide for
the possibility of those Member States in which needs             1 . Member States shall take all appropriate
might arise drawing appropriate quantities from that             measures to ensure that shares drawn pursuant to
reserve ; whereas the shares thus drawn from the                 Article 1 are opened in such a way that imports may
reserve must be valid until the end of the quota                 be charged without interruption against their cumula­
period ; whereas this method of management requires              tive portions of the Community quota.
close cooperation between the Member States and the
Commission and the latter must in particular be able             2.    Member States shall ensure that importers of the
to monitor the rate at which the quota is used up and            said goods established in its territory have free access
                                                                 to the shares allocated to it.
inform the Member States thereof ;
                                                                 3.    Member States shall charge imports of the said
Whereas, since the Kingdom of Belgium , the                      goods against their shares as and when the goods are
Kingdom of the Netherlands and the Grand Duchy of                entered for home use .
(') OJ No L 172, 28 . 6 . 1978 , p. 10 .                         (2) OJ No L 339, 28 . 12. 1977, p. 19.
 ---pagebreak--- 28 . 6 . 79                       Official Journal of the European Communities                           No L 160/ 9
4.    The extent to which a Member State has used up                                  Article 4
its share shall be determined on the basis of the             Member States and the Commission shall collaborate
imports charged in accordance with paragraph 3 .              closely in order to ensure that this Regulation is
                                                              observed .
                        Article 3                                                     Article 5
                                                              This Regulation shall enter into force on the day of its
At the request of the Commission , Member States              publication in the Official Journal of the European
                                                              Communities.
shall inform it of imports actually charged against
their shares .                                                It shall apply from 16 May 1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Luxembourg, 25 June 1979 .
                                                                          For the Council
                                                                            The President
                                                                           J. LE THEULE