CELEX: 31977R2821
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2821/77 of 28 November 1977 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, originating in Israel (1978)

23 . 12. 77                           Official Journal of the European Communities                            No L 331 /33
                                       COUNCIL REGULATION (EEC) No 2821 /77
                                                   of 28 November 1977
               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, originating in Israel ( 1978 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         sentative reference period and to the economic out­
                                                                  look for the quota period concerned ;
Having regard to the Treaty establishing the Euro­               Whereas, during the last three years for which statis­
pean Economic Community, and in particular                       tics are available, the corresponding imports of each
Articles 43 and 113 thereof,                                     Member State represent the following percentages as
                                                                 against the imports into the Community from Israel
                                                                 of the products concerned :
Having regard to the proposal from the Commission,
                                                                        Member States          1974      1975      1976
                                                                 Benelux                       100                  1-4
Having regard to the opinion of the European Parlia­
                                                                                                          —
                                                                                             (= 25 t)
ment ( 1),
                                                                 Denmark                        —         —
                                                                                                                    — .
                                                                 Germany                        —         —
                                                                                                                   57-1
                                                                 France                                            41-5
Whereas the Agreement between the European Eco­                                                 —         —
nomic Community and the State of Israel (2) signed               Ireland                        —         —         —
on 11 May 1975 provides, in Protocol 1 annexed
                                                                 Italy                          —         —         —
thereto, for the opening by the Community of an an­
nual Community tariff quota of 150 tonnes of apricot            United Kingdom                  —         —         —
pulp falling within subheading ex 20.06 B II c) 1 aa)
of the Common Customs Tariff, originating in Israel ;
whereas the customs duties applicable to the quota
are equal to 70 % of the customs duties actually ap­             Whereas these data cannot be considered as repre­
plied to non-member countries ; whereas the Com­                 sentative to serve as a basis for allocation of the
munity tariff quota in question should therefore be              quota volume among the Member States ; whereas it is
opened for 1978 ;                                                difficult to estimate imports by Member States for
                                                                 1978 because of the absence of any pattern in pre­
                                                                 vious years ; whereas to allocate the quota volume on
                                                                 a fair basis, the initial quota shares may be fixed ap­
Whereas it is in particular necessary to ensure to all           proximately as follows :
importers of the Member States equal and uninter­
rupted access to the quota and uninterrupted appli­                      Benelux                        7-5 %
cation of the rate laid down for that quota to all im­
ports of the product in question into all Member                         Denmark                        4-2 %
States until the quota has been used up ; whereas
having regard to the above principles the Community                      Germany                      41-6 %
nature of the quota can be respected by allocating the                   France                         8-3 %
tariff quota among the Member States ; whereas, to
reflect most accurately the actual development of the                    Ireland                        4-2 %
market in ' the products in question, such allocation
should be in proportion to the requirements of the                       Italy                          4-2 %
Member States, assessed by reference both to the sta­                    United Kingdom               30-0 % ;
tistics relating to imports from Israel over a repre­
                                                                 Whereas, to take account of future import trends in
                                                                 the various Member States for the products con­
(!) OJ No C 241 , 10. 10. 1977, p. 46.                           cerned, the quota volume should be divided into two
(2) OJ No L 136, 28 . 5. 1975, p. 3 .                            instalments, the first being allocated among the
 ---pagebreak--- No L 331 /34                       Official Journal of the European Communities                               23 . 12 . 77
Member States and the second held as a reserve in­                                       Article 2
tended to cover at a later date the requirements of
Member States which have used up their initial share ;        1.     A first instalment of 120 tonnes of the Com­
whereas, in order to ensure a certain degree of secur­        munity tariff quota referred to in Article 1 shall be al­
ity to importers of each Member State, the first instal­      located among the Member States ; the shares which,
ment of the Community tariff quota could be fixed at          subject to Article 5 shall be valid until 31 December
80 % of the quota volumes ;                                   1978 , shall be as follows :
                                                                        Benelux                       9 tonnes ,
Whereas the initial shares of Member States may be
used up at different times ; whereas, in order to take                  Denmark                       5 tonnes ,
this fact into account and to avoid any break in
continuity , it is important that any Member State                       Germany                    50 tonnes ,
which has used up almost all of its initial share should                 France                      10 tonnes ,
draw a supplementary share from the reserve ;
whereas this must be done by each Member State                           Ireland                      5 tonnes ,
 if each of its supplementary shares is almost used
 up, and as many times as the reserve allows ;                           Italy                        5 tonnes ,
whereas each initial and supplementary share must                        United Kingdom              36 tonnes .
 be valid until the end of the quota period ; whereas
 this form of administration requires close colla­
                                                              2.      A second instalment of 30 tonnes shall consti­
boration between Member States and the Commission,
                                                              tute the reserve .
 and the Commission must be in a position to follow
 the extent to which the tariff quotas have been used
 up and inform the Member States thereof;
                                                                                         Article 3
 Whereas if, at a given date in the quota period, a
 considerable quantity of the initial share remains in         1.     If 90 % or more of any Member State's initial
 any Member State, it is essential that that State             share as laid down in Article 2 ( 1 ), or 90 % of that
 should return a significant proportion to the reserve         share less the amount returned into the reserve,
 in order to avoid part of the Community quota re­             where Article 5 has been applied, has been exhausted,
 maining unused in one Member State when it could              that Member State shall without delay, by notifying
 be used in others ;                                           the Commission , draw a second share in the quota
                                                               equal to 15 % of its initial share, rounded up to the
                                                               next unit, where appropriate, to the extent that the
 Whereas, since the Kingdom of Belgium, the King­              amount in the reserve allows .
  dom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the
 Benelux Economic Union, all transactions concerning           2.      If, after its initial share has been exhausted ,
  the administration of the shares granted to the above­       90 % or more of the second share drawn by a Mem­
  mentioned economic union may be carried out by               ber State has been used, that Member State shall, in
  any of its members ,                                         accordance with the conditions laid down in para­
                                                               graph 1 , draw a third share, equal to 7-5 % of its
                                                               initial share .
  HAS ADOPTED THIS REGULATION :
                                                               3.      If after its second share has been exhausted,
                                                               90 % or more of the third share drawn by a Member
                                                               State has been used, that Member State shall, in ac­
                         Article 1                              cordance with the same conditions , draw a fourth
                                                                share equal to the third.
  1.    From 1 January to 31 December 1978 , a Com­            This process shall be applied until the reserve is ex­
  munity tariff quota of 150 tonnes shall be opened in          hausted .
  the Community for apricot pulp , falling within sub­
   heading ex 20.06 B II c) 1 aa ) of the Common
  Customs Tariff, originating in Israel .                       4.     Notwithstanding the provisions of paragraphs 1
                                                                to 3 , Member States may draw smaller shares than
                                                                those fixed in those paragraphs if there is reason to
  2. Within the limits of this tariff quota the Com­            believe that these shares might not be used up. They
  mon Customs Tariff duty applicable to these                   shall inform the Commission of their reasons for ap­
   products shall be suspended at a rate of 11-9 % .            plying this paragraph .
 ---pagebreak--- 23 . 12. 77                         Official Journal of the European Communities                           No L 331 /35
                          Article 4                                                     Article 7
Additional shares drawn pursuant to Article 3 shall            1.     The Member States shall take all measures nec­
be valid until 31 December 1978 .                              essary to ensure that supplementary shares drawn
                                                               pursuant to Article 3 are opened in such a way that
                          Article 5                            changes may be made without interruption against
                                                               their accumulative shares of the Community quota.
The Member States shall not later than 1 October
1978 , return to the reserve the unused portions of            2. Member States shall ensure that importers of
their initial shares which, on 15 September 1978 , is in       the said products established in their territory have
                                                                free access to the shares allocated to them .
excess of 20 % of the initial amount. They may
return a greater portion if there are grounds for
believing that such portion may not be used in full .           3.    The Member States shall charge imports of the
                                                                said goods against their shares as and when the
The Member States shall, not later than 1 October              goods are entered with customs authorities for home
                                                               use .
 1978 , notify the Commission of the total imports of
the products concerned effected under the Com­
munity quota up to 15 September 1978 inclusive, and            4.     The extent to which a Member State has used
where appropriate, the proportion of their initial               up its share shall be determined on the basis of the
 shares that they are returning to the reserve.                 imports charged in accordance with paragraph 3 .
                          Article 6                                                     Article 8
The Commission shall keep account of the shares                 On receipt of a request from the Commission, Mem­
opened by the Member States in accordance with                  ber States shall inform it of imports actually charged
Articles 2 and 3 , and shall inform each of them of the          against their shares.
extent to which the reserve has been used as soon as
 it receives the notifications .                                                        Article 9
 The Commisson shall, not later than 5 October 1978,            The Member States and the Commission shall
 notify the Member States of the state of the reserve           cooperate closely in order to ensure that this Regula­
 after the return of shares pursuant to Article 5 .             tion is observed .
 The Commission shall ensure that any drawing
 which uses up the reserve is limited to the balance                                    Article 10
 available and, for this purpose, shall specify the
 amount thereof to the Member State which makes                 This Regulation shall enter into force on 1 January
 the final drawing.                                              1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 28 November 1977.
                                                                                            For the Council
                                                                                             The President
                                                                                              L. OUTERS