CELEX: 31987R4108
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4108/87 of 22 December 1987 opening and providing for the administration of a Community tariff quota for boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries, falling within subheading ex 0811 90 90 of the combined nomenclature (1988)

No L 383 / 44                                Official Journal of the European Communities                                      31 . 12 . 87
                                            COUNCIL REGULATION ( EEC ) No 4108 / 87
                                                           of 22 December 1987
               opening and providing for the administration of a Community tariff quota for boysenberries,
               preserved by freezing, not containing added sugar, intended for any form of processing except for the
               manufacture of jam entirely from boysenberries, falling within subheading ex 0811 90 90 of the
                                                     combined nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   according to the procedure laid down in Article 1 ( 2 );
                                                                            whereas this method of administration requires close
Having regard to the Treaty establishing the European                       cooperation between the Member States and the
Economic Community , and in particular Article 28                           Commission and the latter must in particular be able to
thereof,                                                                    monitor the rate at which the quota is used and inform the
                                                                            Member States accordingly ;
Having regard to the proposal from the Commission ,
                                                                            Whereas since the Kingdom of Belgium , the Kingdom of the
Whereas the Community currently depends on imports from                     Netherlands and the Grand Duchy of Luxembourg are united
third countries for its supplies of boysenberries ; whereas it is           within and jointly represented by the Benelux Economic
in the Community's interest to suspend partially the                        union , any operation concerning the administration of the
Common Customs Tariff duty on the products in question                      quota share allocated to that economic union may be carried
within the limits of a Community tariff quota of an                         out by any one of its members ,
appropriate volume ; whereas in order not to harm the
prospects for increasing fruit production within the
Community while at the same time making adequate supplies
available to user industries , the tariff quota should be limited
                                                                            HAS ADOPTED THIS REGULATION :
to 1 500 tonnes and opened for the period 1 January to 31
December 1988 at a duty of 15% ;
Whereas equal and continuous access to the quota should be
ensured for all Community importers and the rates laid down                                           Article 1
for the quota should be applied consistently to all imports of
the products in question into all Member States until the
quota is exhausted ; whereas , however , the quota should not               1.    From 1 January to 31 December 1988 the customs duty
in this case be allocated among the Member States , without                 applicable to imports of the following product shall be
prejudice to the drawing against the quota volume of such                   suspended at the level indicated and within the limits of a
quantities as they may need , under the conditions and                      Community tariff quota as shown below :
     Order No            CN code                                  Description                         Volume of quota      Rate of duty
                                                                                                          ( tonnes )           (% )
09.2729              ex 0811 90 90          Boysenberries , preserved by freezing , not containing
                                            added sugar , intended for any form of processing
                                            except for the manufacture of jam entirely from
                                            boysenberries                                                   1 500               15
2.     Within the limits of this tariff quota the Kingdom of                take advantage of the quota , the Member State concerned
Spain and the Portuguese Republic shall apply duties                        shall  inform   the   Commission      and draw   an    amount
calculated in accordance with the relevant provision of the                 corresponding to its requirements to the extent that the
Act of Accession .                                                          available balance of the quota so permits .
3.     Checks that the products are used for the prescribed                 2.    The shares drawn pursuant to paragraph 1 shall be
specific purpose shall be carried out in accordance with the                valid until the end of the quota period .
relevant Community provisions .
                           Article 2                                                                  Article 3
1.     If an importer gives notification of imminent imports                1.    Member States shall take all appropriate measures to
of the product in question into a Member State and applies to               ensure that their drawings pursuant to Article 2 ( 1 ) enable
 ---pagebreak--- 31 . 12 . 87                             Official Journal of the European Communities                             No L 383 / 45
imports to be charged without interruption against their                                      Article 4
accumulated shares of the Community quota .
                                                                    At the request of the Commission , Member States shall
                                                                    inform it of imports of the product concerned actually
2.     Member States shall ensure that importers of the             charged against the quota .
product concerned have free access to the quota for such time
as the residual balance of the quota volume so permits .
                                                                                               Article S
3.     Member States shall charge imports of the product
concerned against their drawings as and when the goods are          The Member States and the Commission shall cooperate
entered with the customs authorities for free circulation .         closely to ensure that this Regulation is complied with .
4.     The extent to which the quota has been used up shall be                                Article 6
determined on the basis of the imports charged in accordance
with paragraph 3 .                                                  This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 22 December 1987 .
                                                                                          For the Council
                                                                                            The President
                                                                                           N. WILHJELM