CELEX: 31988R4185
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4185/88 of 16 December 1988 opening and providing for the administration of Community tariff quotas for certain types of fruit and fruit juices (1989)

No L 368 / 12                             Official Journal of the European Communities                                       31 . 12 . 88
                                         COUNCIL REGULATION (EEC) No 4185 / 88
                                                         of 16 December 1988
                  opening and providing for the administration of Community tariff quotas for certain types
                                                    of fruit and fruit juices ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                products concerned into all Member States until the quotas
                                                                         have been used up; whereas, in this case, it seems advisable
                                                                         not to allocate the quotas among the Member States but to
Having regard to the Treaty establishing the European                    allow them to draw against the quota volumes such
Economic Community, and in particular Article 113                        quantities as they may need under the conditions and
thereof,                                                                 according to the procedure laid down in Article 2 ( 1 );
                                                                         whereas this method of administration requires close
                                                                         cooperation between the Member States and the
Having regard to the proposal from the Commission,                       Commission and the latter must, in particular, be able to
                                                                         monitor the rate at which the quotas are being used up and
Whereas in accordance with the Agreement with the United                 inform the Member States accordingly ;
States of America on the Mediterranean preferences , citrus
and pasta, the Community undertakes to suspend
                                                                         Whereas if, during the quota period, the tariff quota is
provisionally and partially the customs duties applicable to             almost totally used up , it is indispensable that Member
certain types of fruit and fruit juices , within the limits of           States return to this quota the entirety of the drawings
Community tariff quotas of appropriate volumes and of
                                                                         made which have not been used, in order to avoid part of
variable duration ; whereas provision should be made that                the Community tariff quotas remaining unused in one
the Commission can, in order to be able to ensure that the
                                                                         Member State when it could be used in others;
reciprocal concessions agreed upon in the Agreement are
balanced , suspend by means of a Regulation the
application of these tariff measures;                                    Whereas since the Kingdom of Belgium , the Kingdom of
                                                                         the Netherlands and the Grand Duchy of Luxembourg are
Whereas admission under these tariff quotas is conditional               united within, and jointly represented by, the Benelux
on production to the Community customs authorities of a                  Economic Union , all transactions concerning the
certificate of authenticity issued by the competent                      administration of shares levied by that economic union
authorities of the country of origin and certifying that the             may be carried out by any of its members ,
products comply with the specific characteristics laid
down;
Whereas it is therefore proper to open for all or part of                HAS ADOPTED THIS REGULATION :
1989 Community tariff quotas for sweet oranges of high
quality, citrus fruit hybrids known as 'Minneolas' and
certain types of frozen concentrated orange juice;                                                   Article 1
Whereas it is in particular necessary to allow all                       1 . The customs duties applicable to imports of the
Community importers equal and uninterrupted access to                    products listed below shall be suspended for the periods, at
the said quotas and to ensure the uninterrupted application              the levels and within the limits of Community tariff quotas
of the rates laid down for the quotas to all imports of the              shown for each product :
                                                                                                                  Volume         Rate of
     Order                                                                                    Quota
                         CN code                         Description                                             of quota          duty
      No                                                                                      period
                                                                                                               ( in tonnes )     ( in % )
   09.0025      ex 0805 10 11 ,   15 ,  Sweet oranges of high quality                   From 1 February           20 000            10
                19 , 41 , 45 , 49                                                       to 30 April 1989
   09.0027      ex 0805 20 90           Citrus fruit hybrids known as                   From 1 February           15 000              2
                                        'Minneolas'                                     to 30 April 1989
   09.0033      ex 2009 11 99           Frozen concentrated orange juice having          From 1 January             1 500            13
                                        a degree pf concentration of up to 50°       to 31 December 1989
                                        Brix , in containers of two litres or less,
                                        excluding blood orange concentrate
 ---pagebreak--- 31 . 12 . 88                                Official Journal of the European Communities                               No L 368 / 13
2. Within the limits of these tariff quotas. Spain and                 shall inform the Commission and draw an amount
Portugal shall apply customs duties calculated in                      corresponding to its requirements to the extent that the
accordance with the relevant provisions in the 1985 Act of             available balance of the quota so permits.
Accession .
                                                                       2 . Without prejudice to Article 3 , shares drawn pursuant
3 . For the purposes of this Regulation :                              to paragraph 1 shall be valid until the end of the quota
                                                                       period .
(a) sweet oranges of high quality means oranges of similar
      varietal characteristics, which are mature, firm ,
      well-formed , at least fairly well-coloured, of fairly                                     Article 3
      smooth texture and are free from decay, untreated
      broken skins, hard or dry skins, exanthema, growth
                                                                       1 . Once at least 80 % of the tariff quota as defined in
      cracks, bruises (except those incident to proper
      handling and packing), and are free from damage                  Article 1(1 ) has been used up , the Commission shall notify
                                                                       the Member States thereof.
      caused by dryness or mushy condition, split, rough ,
      wide or protruding navels, creasing, scars, oil spots,
      scale, sunburn, dirt or other foreign matter, disease,
      insects or damage caused by mechanical or other                  2 . It shall also notify Member States in this case of the
                                                                       date from which drawings on the tariff quota must be made
      means, provided that not more than 15 % of the fruit
                                                                       according to the following provisions :
      in any lot fails to meet these specifications and included
      in this amount, not more than 5 % shall be allowed for
      defects causing serious damage and, included in this             If an importer presents in a Member State a declaration of
      latter amount, not more than 0,5 % may be affected by
                                                                       entry into free circulation including a request for
                                                                       preferential benefit for a product covered by this
      decay;
                                                                       Regulation, and if this declaration is accepted by the
                                                                       customs authorities, the Member State concerned shall
(b) citrus fruit hybrids known as 'Minneolas' means                    draw from the tariff quota , by means of notification to the
     hybrids of the citrus fruit of the variety 'Minneola'             Commission, a quantity corresponding to these needs.
     ( Citrus paradisi Macf. C. V. Duncan and Citrus
     reticulata blanca C. V. Dancy);                                   The requests for drawing , with the indication of the date of
                                                                       acceptance of the said declarations, must be communicated
c) frozen concentrated orange juice having a degree of                 to the Commission without delay .
     concentration of up to 50° Brix means orange juice that
     has a density of 1.229 g/ cm3 or less at 20 °C .                  The drawings are granted by the Commission on the basis
                                                                       of the date of acceptance of the declaration of entry into
                                                                       free circulation by the customs authorities of the Member
4. Admission under the tariff quotas referred to in                    State concerned, to the extent that the available balance so
paragraph 1 shall be subject to:                                       permits.
— the presentation , in support of the declaration of entry            If a Member State does not use the quantities drawn, it
     for free circulation, of a certificate of authenticity            shall return them as soon as possible to the tariff quota.
     issued by the competent authorities of the country of
     origin listed in Annex II and conforming to one of the            If the quantities requested are greater than the available
     models in Annex I, certifying that the products shown             balance of the quota, allocation shall be made on a pro rata
     on it possess the specific characteristics referred to in         basis with respect to the requests . Member States shall be
     paragraph 1 , or                                                  informed by the Commission in accordance with the same
                                                                       procedures.
— in the case of concentrated orange juice, the
     presentation to the Commission , before importation, of
                                                                       3 . Within a time limit laid down by the Commission
     a general attestation in which the competent authority
     of the country of origin certifies that concentrated              starting from the date referred to in the first subparagraph
                                                                       of paragraph 2, Member States shall be required to return
     orange juice produced in that country does not contain
                                                                       to the tariff quota all the quantities which have not been
     the juice of blood oranges . The Commission shall
                                                                       used on that date, within the meaning of Article 4 (3 )
     inform the Member States to enable them to notify the
                                                                       and (4 ).
     customs departments concerned.
                                                                                                 Article 4
                            Article 2
                                                                       1 . Member States shall take all appropriate measures to
1 . If an importer gives notification of imminent imports of           ensure that their drawings pursuant to Article 2 ( 1 ) enable
the product in question into a Member State and applies to             imports to be charged without interruption against their
take advantage of the quota , the Member State concerned               accumulated shares of the Community quotas .
 ---pagebreak--- No L 368 / 14                         Official Journal of the European Communities                                 31 . 12 . 88
2 . Each Member State shall ensure that importers of the                                   Article 6
products concerned have free access to the quotas for such
time as the residual balance of the quota volume so              The Member States and the Commission shall cooperate
permits.                                                         closely in order to ensure that this Regulation is complied
                                                                 with .
3 . Member States shall charge imports of the products
concerned against their drawings as and when the goods
are entered    with  the   customs   authorities  for  free                                Article 7
circulation .
                                                                 The Commission may, by means of a Regulation, suspend
4 . The extent to which the quotas have been used up shall       the application of the tariff measures put into effect by this
be determined on the basis of the imports charged in             Regulation should it transpire that the reciprocal measures
accordance with paragraph 3.                                     provided for in the Agreement were no longer being
                                                                 applied.
                         Article S
                                                                                           Article 8
At the request of the Commission , Member States shall
inform it of imports actually charged against the quotas.        This Regulation shall enter into force on 1 January 1989 .
                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
 ---pagebreak--- 31 . 12 . 88                   Official Journal of the European Communities           No L 368 / 15
ANEXO / — BILAG I - ANHANG I - ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I - ALLEGA TOI — BIJLAGE I — ANEXO I
                                         MODELOS DE CERTIFICADO
                                        MODELLER TIL CERTIFIKAT
                                     MUSTER DER BESCHEINIGUNGEN
                                      ΥΠΟΔΕΙΓΜΑ ΠΙΣΤΟΠΟΙΗΤΙΚΟΥ
                                           MODEL CERTIFICATES
                                          MODÈLES DE CERTIFICAT
                                         MODELLI DI CERTIFICATO
                                       MODELLEN VAN CERTIFICAAT
                                         MODELOS DE CERTIFICADO
 ---pagebreak---  ---pagebreak---  1 Exporter ( Name, full address, country)                                    2 Number                                  00000
 3 Consignee (Name, full address, country)
                                                                                           CERTIFICATE OF AUTHENTICITY
                                                                                    FRESH SWEET ORANGES ' HIGH QUALITY'
                                                                              4 Country of origin                    5 Country of destination
 6 Place and date of shipment — Means of transport                            7 Supplementary details
 8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS                                     9 Gross         10 Net
                                                                                                                         weight           weight
                                                                                                                         (kg)             (kg)
11 CERTIFICATION BY THE COMPETENT AUTHORITY
    I hereby certify that the above sweet oranges consist of oranges of similar varietal characteristics which are mature, firm, well-formed,
    fairly well-coloured, of fairly smooth texture and are free from decay, broken skins which are not healed, hard or dry skins, exanthema,
    growth cracks, bruises (except those incident to proper handling and packing), and are free from damage caused by dryness or mushy
    condition, split, rough, wide or protruding navels, creasing, scars, oil spots, scale, sunburn, dirt or other foreign material, disease, insects
    or mechanical or other means, provided that not more than 15% of the fruit in any lot fails to meet these specifications and, included in
    this amount, not more than 5 % shall be allowed for defects causing serious damage, and, included in this latter amount, not more than
    0,5% may be affected by decay.
12 Competent authority ( Name , full address, country )
                                                                              At                                            on
                                                                                                ( Signature )                          Seal )
 ---pagebreak---  ---pagebreak---  1 Exporter ( Name, full address, country)                                      2 Number                                00000
 3 Consignee (Name, full address, country)
                                                                                             CERTIFICATE OF AUTHENTICITY
                                                                                                        FRESH MINNEOLA
                                                                                4 Country - of origin                5 Country of destination
 6 Place and date of shipment — Means of transport                              7 Supplementary details
 8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS                                     9 Gross          10 Net
                                                                                                                          weight           weight
                                                                                                                          (kg)             (kg)
11 CERTIFICATION BY THE COMPETENT AUTHORITY
    I hereby certify that the citrus described in this certificate are fresh citrus hybrid of the variety Minneola ( Citrus paradisi Macf. C. V. Dun­
    can and Citrus reticulata bianco C. V. DancyJ.
12 Competent authority (Name, full address, country)
                                                                                At                                          on
                                                                                                  ( Signature )                       ( Seal
 ---pagebreak---  ---pagebreak---  1 Exporter (Name, full address, country)                                2 Number                               00000
 3 Consignee (Name, full address, country)
                                                                                      CERTIFICATE OF AUTHENTICITY
                                                                                     CONCENTRATED ORANGE JUICE
                                                                         4 Country of origin                  S Country of destination
 6 Place and date of shipment — Means of transport                       7 Supplementary details
 8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS                             9 Gross          10 Net
                                                                                                                 weight            weight
                                                                                                                 (kg)              (M
11 CERTIFICATION BY THE COMPETENT AUTHORITY
   1 hereby certify that the above frozen concentrated orange juice has a density of 1,229 g/cm* or less and does not contain blood orange
   juice.
12 Competent authority (Name, full address, country)
                                                                                          (Signature)                         ( Seal)
 ---pagebreak---  ---pagebreak--- 31 . 12 . 88                                Official Journal of the European Communities                                     No L 368 / 23
ANEXOU — BILAGII — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II — ANEXOU
                           País de origen                                      Autoridad compentente
                         Oprindelsesland                                        Kompetent myndighed
                          Ursprungsland                                          Zuständige Behörde
                        Χώρα καταγωγής                                           Αρμόδια υπηρεσία
                         Country of origin                                      Competent authority
                           Pays d'origine                                        Autorité compétente
                          Paesi di- origine                                      Autorità competente
                       Land van oorsprong                                        Bevoegde autoriteit
                          País de -origem                                      Autoridade competente
             Estados Unidos
             De Forenede Stater
             USA
             ΗΠΑ
             USA                                       United States Department of Agriculture
             États-Unis d'Amérique                                                                                  t
             Stati Uniti
             Verenigde Staten
             Estados Unidos da América
             Cuba
             Cuba
             Kuba
             Κούβα
             Cuba                                      Ministère de l'Agriculture
             Cuba
             Cuba
             Cuba
             Cuba
             Israel                                    Ministry of Agriculture Department of Plant Protection and Inspec­
             Israel                                    tion
             Israel
             Ισραήλ                                    ( Únicamente para los híbridos de agrios conocidos por el nombre de
             Israel                                    « Minneolas »)
             Israel
                                                       (udelukkende til krydsninger af citrusfrugter, benævnt »Minneolas«)
             Israele .
             Israel                                    ( Nur für Kreuzungen von Zitrusfrüchten , bekannt unter dem Namen
             Israel                                    „Minneolas")
                                                       (μόνο για τα υβρίδια εσπεριδοειδών γνωστά με την ονομασία
                                                       «Minneolas»)
                                                       ( Only for Citrus fruit known as 'Minneolas')
                                                       ( Uniquement pour les hybrides d'agrumes connus sous le nom de
                                                       « Minneolas »)
                                                       ( Solo per ibridi d'agrumi conosciuti sotto il nome di « Minneolas »)
                                                       ( Uitsluitend voor kruisingen van citrusvruchten die bekend staan als
                                                       „minneola's")
                                                       ( Somente para os citrinos híbridos conhecidos pelo nome de
                                                       « Minneolas »)
             Chypre                                    Ministry of Commerce and Industry
             Cypern                                    Produce Inspection Service
             Zypern
             Κύπρου
             Cyprus
             Chypre
             Cipro
             Cyprus
             Chipre