CELEX: 31988R4181
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4181/88 of 16 December 1988 opening, allocating and providing for the administration of a Community tariff quota for dried onions (1989)

31 . 12 . 88                               Official Journal of the European Communities                                 No L 368 / 1
                                                                   I
                                                (Acts whose publication is obligatory)
                                          COUNCIL REGULATION ( EEC) No 4181 / 88
                                                        of 16 December 1988
                 opening, allocating and providing for the administration of a Community tariff quota for
                                                         dried onions ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Whereas, during the last three years for which complete
                                                                      statistics are available, the corresponding imports into each
                                                                      of the Member States represented the following figures of
                                                                      total imports of the product in question from third
                                                                      countries which do not benefit from an equivalent
Having regard to the Treaty establishing the European                 preferential tariff measure:
Economic Community , and in particular Article 113
thereof,
                                                                                 Member States            1985      1986      1987
Having regard to the proposal from the Commission,
                                                                      Benelux                             2 712    2 565      3 085
                                                                      Denmark                               235       182       246
Whereas, under the agreement concluded between the                    Germany                             7 444  ' 6 647      7 471
European Economic Community and the United States of                  Greece                                 67        58        70
America concerning the conclusion of the negotiations                 Spain                                 546       606       709
under Article XXIV. 6 of the General Agreement on Tariffs             France                                312       439       483
and Trade (GATT), approved by Decision 87 / 224 /
EEC (*), the Community has undertaken , for the period                Ireland                               246       245       223
1987 to 1990, to open an annual Community tariff quota                Italy                                 244       145       159
of 12 000 tonnes at a duty rate of 10% for dried,                     Portugal                               70        69        67
dehydrated or evaporated onions; whereas, therefore, this             United Kingdom                      6 003     5 515     5 516
tariff quota should be opened for 1989 ,
                                                                                                         17 879   16 471    18 029
Whereas equal and continuous access to the quota should
be ensured for all Community importers and the rate laid
down for the tariff quota should be applied consistently to
all imports until the quota is used up ; whereas, in the light        Whereas , for 1989 , maintenance of quotas for the Member
of these principles , allocation of the tariff quota among the        States is necessary , bearing in mind that it is impossible for
Member States would seem to preserve the Community                    the administration concerned in each Member State to
nature of the quota ; whereas, in order to correspond as              introduce, in 1989 , the administrative and technical basis
closely as possible to the actual development of the market,          for Community administration of the quota ; whereas it is ,
the allocation should reflect the requirements of the                 however, possible , bearing in mind the way in which trade
Member States based on statistics of imports from third               has developed in recent years, to provide for a Community
countries during a representative reference period and the            reserve of a significantly large amount;
economic outlook for the quota year in question ;
                                                                      Whereas , in view of these factors and of market forecasts
                                                                      for this product for 1989 the initial percentage shares of the
(>) OJ No L 98 , 10 . 4 . 1987 , p. 1 .                               quota volume can be expressed approximately as follows:
 ---pagebreak--- No L 368 / 2                                Official Journal of the European Communities                                        31 . 12 . 88
        Benelux                                      15,96                 Commission and the latter must be able to monitor the
        Denmark                                       1 ,27                extent to which the quota volume has been used up and
        Germany                                      41,17                 inform the Member States accordingly ;
        Greece                                        0,37
        Spain                                         3,55
        France                                        2,36                 Whereas if, during the quota period , the Community
        Ireland                                       1,36                 reserve is almost totally used up, it is essential that Member
        Italy                                         1 ,05                States return to the said reserve the whole of the unused
        Portugal                                      0,39                 proportion of their initial quota and of any drawings made,
        United Kingdom                               32,52                 in order to avoid part of the Community tariff quota
                                                                           remaining unused in one Member State when it could be
                                                                           used in others;
Whereas, to allow for import trends for the products
concerned, the quota volume should be divided into two
parts , the first being allocated among the Member States                  Whereas , since the Kingdom of Belgium, the Kingdom of
and the second held as a reserve to cover any subsequent                   the Netherlands and the Grand Duchy of Luxembourg are
                                                                           united within and jointly represented by the Benelux
requirements of Member States which have used up their
initial share ; whereas , to afford importers some degree of               Economic Union, any measure concerning the
                                                                           administration of the quota shares allocated, to that
certainty , the first part of the tariff quota should be set at a
high level , which in this case could be 60 % of the quota                 economic union may be carried out by any one of its
                                                                           members,
volume;
Whereas initial shares may be used up at different rates;
whereas , in order to avoid any break in the continuity of                 HAS ADOPTED THIS REGULATION :
supplies on this account, it should be provided that any
Member State which has almost used up its initial share
should draw an additional share from the reserve ; whereas
each time its additional share is almost used up a Member                                             Article 1
State should draw a further share and so on as many times
as the reserve allows; whereas the initial and additional                  1 . From 1 January to 31 December 1989 , the customs
shares must be valid until the end of the quota period;                    duty applicable to imports of the following products shall
whereas this form of administration requires close                         be suspended at the level indicated and within the limits of
cooperation      between     the Member States           and the           a Community tariff quota as shown herewith :
                                                                                                            Amount of           Rate of
   Order
     No
                   CN code                                     Description                                 tariff quota          duty
                                                                                                             ( tonnes )           (% )
  09.0035        0712 20 00         Dried, dehydrated or evaporated onions , whole , cut , sliced ,
                                    broken or in powder , but not further prepared                           12 000                10
2 . Within the limits of this tariff quota , the Kingdom of                       Benelux                                      1 149
Spain and the Portuguese Republic shall apply customs                             Denmark                                          91
duties calculated in accordance with the relevant provisions                      Germany                                      2 964
laid down by the Act of Accession of Spain and Portugal .                         Greece                                           27
                                                                                  Spain                                          256
                                                                                  France                                         170
                                                                                  Ireland                                          98
                                                                                  Italy                                            76
                            Article 2                                             Portugal                                         28
                                                                                  United Kingdom                               2 341
1 . The tariff quota referred to in Article 1 shall be divided
into two parts.
                                                                           3 . The second part of the quota , amounting to 4 800
                                                                           tonnes , shall constitute the reserve.
2 . The first part of 7 200 tonnes shall be allocated among
the Member States; the quota shares shall , subject to                     4 . If an importer indicates that he is about to import any
Article 5 , be valid until 31 December 1989 and shall be as                of the products in question into a Member State "which does
follows :                                                                  not participate in the initial allocation or which has
 ---pagebreak--- 31 . 12 . 88                              Official Journal of the European Communities                                No L 368 / 3
exhausted its initial quota and applies to use the quota , the       shall , as soon as it has been notified , inform each State of
Member State concerned shall inform the Commission and               the extent to which the reserve has been used up .
draw an amount corresponding to its requirements to the
extent that the available balance of the quota so permits.
                                                                     It shall inform the Member States , of the amounts still in
                                                                     reserve after amounts have been returned thereto pursuant
5 . Without prejudice to Article 3 , the drawings made               to Article 3 .
pursuant to paragraph 4 shall be valid until the end of the
quota period.
                                                                     It shall ensure that the drawing which uses up the reserve
                                                                     does not exceed the balance available and to this end shall
                                                                     notify the amount of that balance to the Member State
                             Article 3                               making the last drawing.
1 . Once at least 80 % of the reserve of the tariff quota , as
defined in Article 2 ( 3 ), has been used up , the Commission                                   Article 5
shall inform the Member States thereof.
                                                                     1 . The Member States shall take all measures necessary to
2 . It shall also notify Member States in this case of the           ensure that drawings of shares pursuant to Article 2 (4 ) and
date from which drawings on the Community reserve must               Article 3 are carried out in such a way that imports may be
be made according to the following provisions!:                      charged without interruption against their accumulated
                                                                     shares in the Community tariff quota .
If an importer presents in a Member State a declaration of
entry into free circulation including a request for                  2 . The Member States shall ensure that importers of the
preferential benefit for the product covered by this                 products in question have free access to the shares allocated
Regulation , and if this declaration is accepted by the              to them .
customs authorities, the Member State concerned shall
draw, from the Community reserve , by means of                       3 . The Member States shall charge imports of the product
notification to the Commission , a quantity corresponding            concerned against their shares as and when they are entered
to these needs .
                                                                     with the customs authorities for free circulation .
The requests for drawing, with the indication of the date of         4 . The extent to which a Member State has used up its
acceptance of the said declaration , must be communicated            share shall be determined on the basis of imports charged
to the Commission without delay.                                     in accordance with paragraph 3 .
The drawings are granted by the Commission on the basis
of the date of acceptance of the declaration of entry into                                      Article 6
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance so         At the request of the Commission , Member States shall
permits .                                                            inform it of imports of the products concerned actually
                                                                     charged against their shares .
If a Member State does not use the quantities drawn , it
shall return them as soon as possible to the reserve.
                                                                                                Article 7
If the quantities requested are greater than the available           The Member States and the Commission shall cooperate
balance of the reserve , allocation shall be made on a pro           closely in order to ensure that this Regulation is complied
rata basis with respect to the requests. Member States shall         with .
be informed by the Commission in accordance with the
same procedures .
                                                                                                Article 8
3 . Within a time limit fixed by the Commission as from
the date referred to in the first subparagraph of paragraph          The Commission may , by means of a Regulation , suspend
2 , Member States shall be required to return to the reserve         the application of the tariff measures put into effect by this
all the quantities which have not been used on that date,            Regulation should it transpire that the reciprocal measures
within the meaning of Article 5 ( 3 ) and (4 ).                      provided for in the Agreement were no longer being
                                                                     applied .
                             Article 4
                                                                                                Article 9
The Commission shall keep an account of the shares drawn
by the Member States pursuant to Articles 2 and 3 and                This Regulation shall, enter into force on 1 January 1989 .
 ---pagebreak--- No L 368 / 4                      Official Journal of the European Communities                      31 . 12 . 88
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 December 1988 .
                                                                              For the Council
                                                                                The President
                                                                             G. GENNIMATAS