CELEX: 31987R4082
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4082/87 of 21 December 1987 opening and providing for the administration of a Community tariff quota for table cherries, excluding Morello cherries, falling within codes 0809 20 10 and 0809 20 90 of the combined nomenclature and originating in Switzerland (1988)

Official Journal of the European Communities                                  31 . 12 . 87
No L 382 / 2
                                        COUNCIL REGULATION (EEC) No 4082/87
                                                        of 21 December 1987
                 opening and providing for the administration of a Community tariff quota for table
                 cherries, excluding Morello cherries, falling within codes 0809 20 10 and 0809 20 90 of
                              the combined nomenclature and originating in Switzerland ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 numbers should be used for the description of the
                                                                         product covered by this Regulation ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                        Whereas equal and continuous access to the quota
thereof,                                                                 should be ensured for all Community importers and the
                                                                         rate laid down for the quota should be applied consis­
                                                                         tently to all imports of the products in question into all
Having regard to the Act of Accession of Spain and                       the Member States until the quota is exhausted ; whereas,
Portugal,                                                                however, since the quota is to cover requirements which
                                                                         cannot be determined with sufficient accuracy, it should
Having regard to the proposal from the Commission,                       not be allocated among the Member States, without
                                                                         prejudice to the drawing against the quota volume of
                                                                         such quantities as they may need, under conditions and
Whereas an Agreement between the European Economic                       according to a procedure to be determined ; whereas this
Community and the Swiss Confederation was concluded                      method of administration requires close cooperation
on 22 July 1972 ; whereas, following the accession of                    between the Member States and the Commission and the
Spain and Portugal to the Community, an Agreement in                     latter must in particular be able to monitor the rate at
the form of an Exchange of Letters was concluded and                     which the quota is used up and inform the Member
approved by Council Decision 86/559/EEC (');                              States accordingly;
Whereas the Agreement in the form of an Exchange of                      Whereas, since the Kingdom of Belgium, the Kingdom
 Letters provides for the opening of a Community tariff                   of the Netherlands and the Grand Duchy of
 quota at zero duty for table cherries, excluding Morello                 Luxembourg are united within and jointly represented by
 cherries, originating in Switzerland ; whereas, therefore,               the Benelux Economic Union, any operation concerning
 the tariff quota in question should be opened for the                    the administration of the quota shares allocated to that
 period 1 January to 31 December 1988 ;                                   economic union may be carried out by any one of its
                                                                          members,
 Whereas the Community has adopted, with effect from
 1 January 1988 , a combined nomenclature for goods                       HAS ADOPTED THIS REGULATION :
 which meets the requirements of the Common Customs
 Tariff and the external trade statistics of the Community
 and statistics of trade between Member States ; whereas,                                          Article 1
 in order to accommodate specific Community measures,
 this nomenclature has been expanded into an integrated                    1 . From 1 January to 31 December 1988 the duty
 tariff of the European Communities (TARIC); whereas,                     applicable to imports of the following product shall be
 with effect from the abovementioned date, the combined                    suspended at the level indicated and within the limits of
 nomenclature and, where appropriate, the TARIC code                       a Community tariff quota as shown below :
       Order                                                                                     Amount of tariff    Rate of duty
                      CN code                                Description                          quota (tonnes)         (%)
        No
                     0809 20 10        Table cherries excluding Morello cherries, orig­               1 000               0
      09.0901
                     0809 20 90        inating in Switzerland
  Within the limit of this tariff quota, the Kingdom of                    The Protocol on the definition of the concept of orig­
  Spain and the Portuguese Republic shall apply customs                    inating products and on methods of administrative
  duties calculated in accordance with the relevant                        cooperation annexed to the Agreement between the
  provisions of the Act of Accession.                                      European Economic Community and the                   Swiss
                                                                           Confederation shall apply.
  (') OJ No L 328 , 22. 11 . 1986, p. 98 .
 ---pagebreak--- 31 . 12 . 87                         Official Journal of the European Communities                            No L 382 / 3
2. If an importer gives notification of imminent                3.    Member States shall charge imports of the said
imports of the product in question into a Member State          goods against their drawings as and when the goods are
and applies to take advantage of the quota the Member           entered with the customs authorities .
State concerned shall inform the Commission and draw
an amount corresponding to its requirements to the              4. The extent to which the quota has been used up
extent that the available balance of the reserve so             shall be determined on the basis of the imports charged
permits.                                                        in accordance with paragraph 3 .
3.    The shares drawn pursuant to paragraph 2 shall be                                  Article 3
valid until the end of the quota period.
                                                                At the request of the Commission, Member States shall
                          Article 2                             inform it of imports actually charged against the quota.
1 . Member States shall take all appropriate measures
to ensure that their drawings pursuant to Article 1 (2)                                  Article 4
enable imports to be charged without interruption               Member States and the Commission shall collaborate
against their accumulated shares of the Community
quota.
                                                                closely in order to ensure that this Regulation is
                                                                complied with.
2.     Each Member State shall ensure that importers of
the product concerned have free acces to the quota for                                   Article 5
such time as the residual balance of the quota volume so
permits .                                                       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, 21 December 1987 .
                                                                                    For the Council
                                                                                     The President
                                                                                     B. HAARDER