CELEX: 31985R1528
Language: en
Date: 1985-05-23
Title: Council Regulation (EEC) No 1528/85 of 23 May 1985 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 Turkey

8.6 . 85                                Official Journal of the European Communities                          No L 150/ 41
                                       COUNCIL REGULATION (EEC) No 1528/85
                                                       of 23 May 1985
               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 Turkey
THE COUNCIL OF THE EUROPEAN                                        accurately the actual development of the market in
COMMUNITIES,                                                       the products in question, such allocation should be in
                                                                   proportion to the requirements of the Member States,
                                                                   assessed by reference both to the statistics relating to
                                                                   imports from Turkey over a representative reference
Having regard to the Treaty establishing the                       period and to the economic outlook for the quota
European Economic Community, and in particular                     period concerned ;
Article 113 thereof,
Having regard to the proposal from the Commission,                 Whereas, during the last three years for which
                                                                   statistics are available, the corresponding imports to
                                                                   each Member State from Turkey have been negligible
                                                                   or non-existent ; whereas those data cannot therefore
Whereas the Annex to Council Regulation (EEC) No
3721 /84 of 18 December 1984 on imports into the                   be considered as representative to serve as a basis for
Community of certain agricultural products orig­                   allocation of the quota volume among the Member
inating in Turkey (') provides for the opening by the              States ; whereas it is difficult to estimate imports by
Community of an annual Community tariff quota of                   Member States because of the absence of truly rep­
90 tonnes at a rate of 2,3 °/o for apricot pulp falling            resentative figures for previous years ; whereas,
within subheading ex 20.06 B II c) 1 aa) of the                    consequently, the only solution seems to be to allo­
Common Customs Tariff and originating in Turkey;                   cate part of the quota volume to the Community re­
                                                                   serve and to allocate one seventh of the balance to
whereas such a quota has been opened for the period
                                                                   the Benelux countries , Denmark, the Federal Re­
up to 30 June 1985 by Regulation (EEC) No
1320 /84 (2); whereas the tariff quota in question                 public of Germany, France, Ireland, Italy and the
should therefore be opened for the abovementioned                  United Kingdom ;
volume for the period 1 July 1985 to 30 June 1986 ;
                                                                   Whereas the initial shares may be used up fairly
Whereas , since a Protocol as provided for in Article              quickly ; whereas , therefore, to avoid disruption of
118 ( 1 ) of the 1979 Act of Accession does not exist,             supplies , any Member State which has almost used up
the Community adopted the measures envisaged in                    its initial share shall draw a supplementary share from
Article 119 of that Act in Regulation (EEC) No                     the Community reserve ; whereas this must be done by
3555 / 80 (3) determining the arrangements to be                   each Member State as each one of its supplementary
applied to imports into Greece originating in particu­             shares is almost used up, and as many times as the
lar, in Turkey; whereas the tariff measure concerned               reserve allows ; whereas the initial and supplementary
will, therefore, apply to the Community of Nine ;                  shares must be valid until the end of the quota
                                                                   period ; whereas this form of administration requires
                                                                   close collaboration between the Member States and
Whereas it is in particular necessary to guarantee all             the Commission, and the Commission must be in a
importers of the Community equal and uninterrupted                 position to follow the extent to which the tariff quota
access to the quota and uninterrupted application of               has been used up and inform the Member States
the rates laid down for that quota to all imports of               thereof;
the product in question into the 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 tariff quota              Whereas if, at a given date in the quota period, a
 among the Member States ; whereas, to reflect most                considerable quantity of a share remains in any
                                                                   Member State, it is essential that that State should re­
o OJ No L 343 , 31 . 12 . 1984, p. 6.                              turn a significant proportion to the reserve in order to
O OJ No L 129 , 15 . 5 . 1984 , p. 4 .                             avoid part of the Community quota remaining unused
 O OJ No L 382, 31 . 12. 1980, p. 1 .                              in one Member State when it could be used in others ;
 ---pagebreak--- No L 150 / 42                            Official Journal of the European Communities                               8.6. 85
Whereas, since the Kingdom of Belgium, the                          3.       If, after its second share has been used up,
Kingdom of the Netherlands and the Grand Duchy                      90 °/o or more of the third share drawn by a Member
of Luxembourg are united within and jointly rep­                    State has been used up, that Member State shall, in
resented by the Benelux Economic Union, any mea­                    accordance with the same conditions, draw a fourth
sure concerning the administration of the shares                    share equal to the third.
allocated to that economic union may be carried out
by any one of its members,                                          This process shall continue to apply until the reserve
                                                                    is used up.
HAS ADOPTED THIS REGULATION :
                                                                    4.       By way of derogation from paragraphs 1 to 3,
                                                                    a Member State may draw shares smaller than those
                             Article 1                              fixed in those paragraphs if there are grounds for
1.      From 1 July 1985 to 30 June 1986, a                         believing that those fixed may not be used up. It shall
Community tariff quota of 90 tonnes shall be opened                 inform the Commission of the reasons for applying
in the Community of Nine for apricot pulp falling                   this paragraph.
within subheading ex 20.06 B II c) 1 aa) of the
Common Customs Tariff and originating in Turkey.                                               Article 4
                                                                    Supplementary shares drawn pursuant to Article 3
2.      Within the limits of this tariff quota the                  shall be valid until 30 June 1986.
Common Customs Tariff duty applicable to these
products shall be partially suspended at a rate of                                             Article 5
2,3 %
                                                                    The Member States shall return to the reserve, not
                             Article 2                              later than 1 April 1986, the unused portion of their
                                                                    initial share which on 15 March 1986 is in excess of
1.      A first instalment of 70 tonnes shall be allo­
                                                                    20 °/o of the initial amount. They may return a larger
cated among the Member States ; the respective shares               quantity if there are reasons to believe that such
of the Member States, which subject to Article 5 shall              quantity might not be used.
be valid from 1 July 1985 to 30 June 1986, shall be as
follows :                                                           Member States shall, not later than 1 April 1986,
                                                                    notify the Commission of the total quantities of the
                                                 (tonnes)           said goods imported up to and including 15 March
        Benelux                                      10              1986 and charged against the Community tariff quota
        Denmark                                      10             and any quantities of the initial share returned to the
        Germany                                      10             reserve .
        France                                       10
        Ireland                                      10                                        Article 6
        Italy                                        10
        United Kingdom                               10             The Commission shall keep an account of the shares
                                                                    opened by the Member States pursuant to Articles 2
2.       The second instalment of 20 tonnes shall be
                                                                    and 3 and shall, as soon as it has been notified, in­
                                                                    form each State of the extent to which the reserve has
held as the Community reserve.
                                                                    been used up.
                             Article 3                              It shall inform the Member States, not later than
 1.      If 90 % or more of a Member State's initial
                                                                    5 April 1986, of the amount still in reserve after
                                                                    amounts have been returned thereto pursuant to
 share as specified in Article 2 ( 1 ), or of that share            Article 5 .
 minus the portion returned to the reserve where
 Article 5 is applied, has been used up, that Member                 It shall ensure that the drawing which uses up the re­
 State shall without delay, by notifying the                         serve is limited to the balance available and to this
 Commission, draw a second share equal to 15 % of                    end shall specify the amount thereof to the Member
 its initial share, rounded up where necessary to the                State making the last drawing.
 next unit, to the extent permitted by the amount of
 the reserve.
                                                                                                Article 7
 2.      If, after its initial share has been used up, 90 %          1.       Member      States   shall  take all measures
 or more of the second share drawn by a Member                       necessary to ensure that supplementary shares drawn
 State has been used up, that Member State shall, in                 pursuant to Article 3 are opened in such a way that
 accordance with the conditions imposed by paragraph                 imports may be charged without interruption against
 1 , draw a third share equal to 7,5 °/o of its initial              their accumulated shares in the Community tariff
 share, rounded up where necessary to the next unit.                 quota .
 ---pagebreak--- 8 . 6 . 85                           Official Journal of the European Communities                         No L 150 /43
2.        Member States shall ensure that importers of                                 Article 8
the said goods have free access to the shares allocated
to them .                                                       At the request of the Commission, Member States
                                                                shall inform it of imports of the products concerned
                                                                actually charged against their shares.
3.        Member States shall charge imports of the said                               Article 9
goods against their shares as and when such goods
are entered for free circulation .                              Member States and the Commission shall cooperate
                                                                closely in order to ensure that this Regulation is
                                                                observed .
4.        The extent to which a Member State has used
                                                                                      Article 10
up its share shall be determined on the basis of
imports charged in accordance with paragraph 3 .                This Regulation shall enter into force on 1 July 1985 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 May 1985 .
                                                                                     For the Council
                                                                                       The President
                                                                                     C. SIGNORILE