CELEX: 31987R4072
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4072/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for onions falling within code 0712 20 00 of the combined nomenclature (1988)

31 . 12 . 87                              Official Journal of the European Communities                                   No L 381 / 1
                                                                  I
                                               (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 4072 / 87
                                                      of 18 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                          onions falling within code 0712 20 00 of the combined nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            down for the tariff quota should be applied consistently to
                                                                     all imports until the quota is used up ; whereas , in the light
                                                                     of these principles , allocation of the tariff quota among the
                                                                     Member States would seem to preserve the Community
Having regard to the Treaty establishing the European                nature of the quota ; whereas , in order to correspond as
Economic Community , and in particular Article 113                   closely as possible to the actual development of the market,
thereof,                                                             the allocation should reflect the requirements of the
                                                                     Member States based on statistics of imports from third
                                                                     countries during a representative reference period and the
Having regard to the proposal from the Commission,                   economic outlook for the quota year in question ;
Whereas , under the agreement concluded between the
European Economic Community and the United States of
America concerning the conclusion of the negotiations                Whereas , during the last three years for which complete
under Article XXIV . 6 of the General Agreement on Tariffs           statistics are available , the corresponding imports into each
and Trade ( GATT ), approved by Decision 87 / 224 /                  of the Member States represented the following figures of
EEC ( 1 ), the Community has undertaken , for the period             total imports of the product in question from third
 1987 to 1990 , to open an annual Community tariff quota             countries which do not benefit from an equivalent
of 12 000 tonnes at a duty rate of 10 % for dried ,                  preferential tariff measure :
dehydrated or evaporated onions; whereas , therefore , this
tariff quota should be opened for 1988 ;
Whereas the Community has adopted , with effect from                            Member States             1984      1985      1986
 1 January 1988 , a combined nomenclature for goods which
meets the requirements of the Common Customs Tariff                  Benelux                              3 266     2 712     2 565
and the Nomenclature of Goods for the External Trade                 Denmark                                283       235       182
Statistics of the Community and Statistics of Trade                  Germany                              6 796     7 444     6 647
between Member States ; whereas , in order to                        Greece                                  50        67        58
accommodate specific Community measures , this                       Spain                                  573       546       606
nomenclature has been expanded into an integrated tariff             France                                 664       312       439
                                                                     Ireland                                249       246       245
of the European Communities (TARIC ); whereas , with                                                                  244       145
                                                                     Italy                                  162
effect from the date given above , the combined                                                                        70        69
                                                                     Portugal                                52
nomenclature and , where appropriate , the TARIC code                United Kingdom                       6 736     6 003     5 515
numbers, should be used for the description of the products
covered by this Regulation;
                                                                                                         18 831    17 879    16 471
Whereas equal and continuous access to the quota should
be ensured for all Community importers and the rate laid
                                                                     Whereas , in view of these factors and of market forecasts
                                                                     for this product for 1988 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 381 / 2                                Official Journal of the European Communities                                   31 . 12 . 87
        Benelux                                       16,06                extent to which the quota volume has been used up and
        Denmark                                        1,32                inform the Member States accordingly ;
        Germany                                       39,28
        Greece                                         0,33
        Spain                                          3,24                Whereas if, at a given date in the quota period , a
        France                                         2,66                considerable quantity of a Member State's initial share
        Ireland                                        1,39                remains unused , it is essential that the Member State
        Italy                                          1,04                concerned should return a significant proportion thereof to
        Portugal                                       0,36                the reserve , in order to prevent part of the Community
        United Kingdom                                34,32                tariff quota from remaining unused in one Member State
                                                                           while it could be used in others ;
Whereas , to allow for import trends for the products
concerned , the quota volume should be divided into two                    Whereas , since the Kingdom of Belgium , the Kingdom of
parts , the first being allocated among the Member States                  the Netherlands and the Grand Duchy of Luxembourg are
and the second held as a reserve to cover any subsequent                   united within and jointly represented by the Benelux
requirements of Member States which have used up their                     Economic Union , any measure concerning the
initial share ; whereas , to afford importers some degree of               administration of the quota shares allocated to that
certainty , the first part of the tariff quota should be set at a          economic union may be carried out by any one of its
high level , which in this case could be 80 % of the quota                 members ,
volume;
Whereas initial shares may be used up at different rates ;
whereas , in order to avoid any break in the continuity of
supplies on this account, it should be provided that any                   HAS ADOPTED THIS REGULATION :
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
State should draw a further share and so on as many times                                             Article 1
as the reserve allows ; whereas the initial and additional
shares must be valid until the end of the quota period ;                   From 1 January to 31 December 1988 , the customs duty
whereas this form of administration requires close                         applicable to imports of the following products shall be
cooperation between the Member States and the                              suspended at the level indicated and within the limits of a
Commission and the latter must be able to monitor the                      Community tariff quota as shown herewith :
                  Combined                                                                                  Amount of      Rate of
   Order
     No
                 nomenclature                                  Description                                 tariff quota      duty
                     code                                                                                    ( 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
Within the limits of this tariff quota , the Kingdom of Spain                     Benelux                                 1 542
and the Portuguese Republic shall apply customs duties                            Denmark                                   127
calculated in accordance with the relevant provisions laid                        Germany                                 3 771
down by the Act of Accession of Spain and Portugal .                              Greece                                      32
                                                                                  Spain                                     311
                                                                                  France                                    255
                                                                                  Ireland                                   133
                             Article 2                                            Italy                                     100
                                                                                  Portugal                                    34
1 . The tariff quota referred to in Article 1 shall be divided                    United Kingdom                          3 295
into two parts .
2 . The first part of 9 600 tonnes shall be allocated among
the Member States ; the quota shares shall , subject to
Article 5 , be valid until 31 December 1988 and shall be as                3 . The second part of the quota , amounting to 2 400
follows :                                                                  tonnes , shall constitute the reserve .
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                                 No L 381 / 3
                            Article 3                                                            Article 6
1 . If a Member State has used 90 % or more of its initial           The Commission shall keep an account of the shares
share as specified in Article 2 ( 2), or of that share less any      opened by the Member States pursuant to Articles 2 and 3
portion returned to the reserve pursuant to Article 5 , it           and shall , as soon as the information reaches it inform each
shall forthwith , by notifying the Commission and to the             State of the extent to which the reserve has been used up .
extent that the reserve so permits , draw a second share
equal to 10 % of its initial share , rounded up where
necessary to the next whole number.                                  It shall , not later than 5 October 1988 , inform the Member
                                                                     States of the amount still in reserve , following any return of
                                                                     shares pursuant to Article 5 .
2 . If after its initial share has been used up , a Member
State has used 90 % or more of the second share as well ,
that Member State shall forthwith , using the procedure              Its shall ensure that the drawing which exhausts the reserve
provided for in paragraph 1 , draw a third share equal to            does not exceed the balance available , and to this end shall
5 % of its initial share , rounded up where necessary to the         notify the amount of that balance to the Member State
next whole number .                                                  making the last drawing.
3 . If, after its second share has been used up , a Member
                                                                                                 Article 7
State has used 90 % or more of its third share , it shall ,
using the procedure provided for in paragraph 1 , draw a
fourth share equal to the third .                                    1 . Member States shall take all appropriate measures to
                                                                     ensure that additional drawings of shares pursuant to
                                                                     Article 3 are carried out in such a way that imports may be
                                                                     charged without interruption against their accumulated
This process shall apply until the reserve is used up .              shares of the Community quota .
4 . By way of derogation from paragraphs 1 , 2 and 3 ,               2 . The Member States shall ensure that importers of the
Member States may draw shares lower than those specified             product in question have free access to the shares allocated
in those paragraphs if there are grounds for believing that          to them .
they may not be used in full . Member States shall inform
the Commission of their reasons for applying this
paragraph .                                                          3 . The Member States shall charge imports of the product
                                                                     in question against their shares as and when the product is
                                                                     entered with the customs authorities for free circulation .
                            Article 4
                                                                     4 . The extent to which a Member State has used up its
                                                                     share shall be determined on the basis of the imports
                                                                     charged in accordance with paragraph 3 .
Additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1988 .
                                                                                                 Article 8
                                                                     At the request of the Commission , the Member States shall
                            Article 5
                                                                     inform it of imports actually charged against their quota
                                                                     shares .
Member States shall , not later than 1 October 1988 , return
to the reserve the unused portion of their initial share
which , on 15 September 1988 , is in excess of 20 % of the                                       Article 9
initial volume . They may return a greater portion if there
are grounds for believing that it may not be used in full .          The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
Member States shall , not later than 1 October 1988 , notify
the Commission of the total quantities of the product in
question imported up to and including 15 September 1988                                          Article 10
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .            This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- No L 381 / 4                       Official Journal of the European Communities                     31 . 12 . 87
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 18 December 1987 .
                                                                               For the Council
                                                                                The President
                                                                                N. WILHJELM