CELEX: 31985R3136
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3136/85 of 22 October 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 Tunisia (1986)

No L 304 / 20                               Official Journal of the European Communities                                  16 . 11 . 85
                                             COUNCIL REGULATION (EEC) No 3 1 36 / 85
                                                            of 22 October 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 Tunisia ( 1986 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas , during the last three years for which statistics are
                                                                         available, the corresponding imports of each Member State
                                                                         represent the following percentages of imports into the
                                                                         Community from Tunisia of the product in question :
Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 113
 thereof,                                                                           Member State          1982      1983        1984
                                                                         Benelux
                                                                         Denmark
 Having regard to the proposal from the Commission ,                     Germany                            1
                                                                         Greece
                                                                         France                            99        100        100
                                                                         Ireland
Whereas the Cooperation Agreement between the                            Italy
 European Economic Community and the Republic of                         United Kingdom
 Tunisia 0 ), signed on 25 April 1976 , provides for the
opening by the Community of an annual Community tariff
 quota of 4 300 tonnes of apricot pulp falling within                    Whereas both these percentages and the estimates from
 subheading ex 20.06 B II c) 1 aa ) of the Common Customs                certain Member States should be taken into account as well
 Tariff and originating in Tunisia ; whereas the customs
                                                                         as the need to ensure that, in the circumstances , the
duties applicable to the quota are equal to 70 % of the
                                                                         obligations contracted under the Agreement concerned are
customs duties actually applied to non-member countries ;
                                                                         allocated fairly among all the Member States ; whereas the
whereas the Community tariff quota in question should
                                                                         approximate percentages of the initial quota shares may
therefore be opened for 1986 ;                                           therefore be fixed as follows :
Whereas , since a Protocol as provided for in Articles 179                       Benelux                                   2,3
 and 366 of the Act of Accession of Spain and Portugal does                      Denmark                                   2,3
not exist , the Community must adopt the measures referred                       Germany                                   4,1
to in Articles 180 and 367 of that Act; whereas the tariff                       Greece                                    0,5
measure      concerned      will ,   therefore,  apply     to   the              France                                   79,3
Community of Ten ;                                                               Ireland                                   2,3
                                                                                 Italy                                     2,3
                                                                                 United Kingdom                            6,9
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application                  Whereas , in order to take into account import trends for
of the rate laid down for that quota to all imports of the              the products concerned in the various Member States , the
products concerned into all Member States until the quota               quota amount should be divided into two instalments, the
has been used up ; whereas , having regard to the above                 first being shared among the Member States and the second
principles , the Community nature of the quota can be                   constituting a reserve to cover at a later date the
respected by allocating the Community tariff quota among                requirements of the Member States which have used up
the Member States ; whereas , in order to reflect as                    their initial quota shares ; whereas , in order to give
accurately as possible the true trend of the market in the              importers in each Member State a certain degree of
products in question , such allocation should be in                     security , the first instalment of the Community quota
                                                                        should under the circumstances be fixed at 50 % of the
proportion to the requirements of the Member States ,
calculated by reference to the statistics for imports from              quota volume ;
Tunisia over a representative reference period and also to
the economic outlook for the quota period in question ;
                                                                        Whereas the Member States' initial shares may be used up
                                                                        at different times ; whereas, in order to take this fact into
                                                                         account and avoid any break in continuity , any Member
                                                                        State which has almost used up its initial quota share
(>) OJ No L 265 , 27 . 9 . 1978 , p. 1 .                                should draw an additional share from the reserve; whereas
 ---pagebreak--- 16 . 11 . 85                              Official Journal of the European Communities                               No L 304 / 21
this must be done by each Member State as and when each              2 . The second instalment amounting to .2 150 tonnes shall
of its additional shares is almost used up , and repeated as         constitute the reserve .
many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires close
cooperation      between    the   Member      States   and  the                                   Article 3
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
                                                                     1.   If 90 % or more of a Member State's initial share as
used up and to inform the Member States thereof;
                                                                     specified in Article 2 ( 1 ), or 90 % of that share minus the
                                                                     portion returned to the reserve where Article 5 has been
Whereas if, at a given date in the quota period , a                  applied , has been used up , then , to the extent permitted by
substantial quantity remains unused in any Member State ,            the amount of the reserve , that Member State shall
it is essential that that Member State should return a               forthwith , by notifying the Commission , draw a second
significant proportion to the reserve to prevent a part of           share equal to 15 % of its initial share , rounded up where
any tariff quota from remaining unused in one Member                 necessary to the next unit .
State when it could be used in others ;
                                                                     2 . If, after its initial share has been used up , 90 % or
Whereas , since the Kingdom of Belgium , the Kingdom of              more of the second share drawn by a Member State has
the Netherlands and the Grand Duchy of Luxembourg are                been used up , then that Member State shall , in accordance
united within and jointly represented by the Benelux                 with the conditions laid down in paragraph 1 , draw a third
Economic Union , any operation relating to the                       share equal to 7,5 % of its initial share.
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,                                                            3 . If, after its second share has been used up , 90 % or
                                                                     more of the third share drawn by a Member State has been
                                                                     used up , that Member State shall , in accordance with the
                                                                     conditions laid down in paragraph 1 , draw a fourth share
                                                                     equal to the third .
HAS ADOPTED THIS REGULATION :
                                                                     This process shall continue until the reserve is used up .
                            Article 1
                                                                     4 . By way of derogation from paragraphs 1 , 2 and 3 , a
1 . From 1 January to 31 December 1986 , a Community                 Member State may draw shares smaller than those fixed in
of Ten tariff quota of 4 300 tonnes shall be opened in the           those paragraphs if there are grounds for believing that
Community for apricot pulp falling within subheading                 they might not be used up . It shall inform the Commission
ex 20.06 B II c) 1 aa ) of the Common Customs Tariff and             of its reasons for applying this paragraph .
originating in Tunisia .
2 . Within the limits of this tariff quota the Common                                             Article 4
Customs Tariff duty applicable to these products shall be
suspended at a rate of 11,9 % .
                                                                     The additional shares drawn pursuant to Article 3 shall be
                                                                     valid until 31 December 1986 .
                            Article 2
                                                                                                  Article 5
1 . A first instalment amounting to 2 150 tonnes of the
Community tariff quota referred to in Article 1 , shall be
allocated among the Member States ; the shares which ,               The Member States shall return to the reserve , not later
subject to Article 5 , shall be valid until 31 December 1986         than 1 October 1986 , such unused portion of their initial
shall be as follows :
                                                                     share as , on 15 September 1986 , is in excess of 20 % of the
                                                                     initial volume . They may return a larger quantity if there
        I                                          (tonnes)          are grounds for believing that this quantity may not be
         Benelux                                       50            used .
         Denmark                                       50
         Germany                                       90
         Greece                                         10           The Member States shall notify the Commission , not later
         France                                     1 700            than 1 October 1986 , of the total quantities of the products
         Ireland                                       50            in question imported up to 15 September 1986 and charged
         Italy                                         50            against the tariff quota and of any quantity of the initial
         United Kingdom                               150            shares returned to the reserves .
 ---pagebreak--- No L 304 / 22                            Official Journal of the European Communities                                16 . 11 . 85
                            Article 6                               3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
The Commission shall keep an account of the shares                  products are entered with customs authorities for free
opened by the Member States pursuant to Articles 2 and 3            circulation .
and , as soon as it is notified, shall inform each Member
State of the extent to which the reserve has been used up .         4. The extent to which a Member State has used up its
                                                                    share shall be determined on the basis of the imports
It shall inform the Member States, not later than 5 October         charged in accordance with paragraph 3 .
1986 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve                                    Article 8
does not exceed the balance available and , to this end ,
notify the amount of that balance to the Member State               At the Commission's request, the Member States shall
making the last drawing.                                            inform it of imports actually charged against their shares .
                            Article 7
                                                                                               Article 9
1 . The Member States . shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3           The Member States and the Commission shall cooperate
are opened in such a way that imports may be charged                closely to ensure that this Regulation is complied with .
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the                                      Article 10
products in question have free access to the shares allocated
to them .                                                           This Regulation shall enter into force on 1 January 1986 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Luxembourg , 22 October 1985 .
                                                                                        For the Council
                                                                                          The President
                                                                                            J. F. POOS