CELEX: 31987R4079
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4079/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain types of fruit and fruit juices

31 . 12 . 87                             Official Journal of the European Communities                              No L 381 / 23
                                       COUNCIL REGULATION ( EEC ) No 4079 / 87
                                                      of 18 December 1987
                 opening, allocating and providing for the administration of Community tariff quotas for
                                              certain types of fruit and fruit juices
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            has been expanded into an integrated tariff of the European
                                                                     Communities (TARIC ); whereas , with effect from that
                                                                     date , the combined nomenclature and where appropriate,
                                                                     the TARIC code numbers, should be used for the
                                                                     description of the products covered by this Regulation ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
                                                                     Whereas it is in particular necessary to allow all
                                                                     Community importers equal and uninterrupted access to
                                                                     the said quotas and to ensure the uninterrupted application
Having regard to the proposal from the Commission ,                  of the rates laid down for the quotas to all imports of the
                                                                     products concerned into all Member States until the quotas
                                                                     have been used up ; whereas , however , since the tariff
                                                                     quotas are intended to cover needs which cannot be
Whereas in accordance with the Agreement with the United             determined accurately enough or which are open for a
States of America on the Mediterranean preferences , citrus          short period , it seems advisable not to allocate the quotas
and pasta, the Community undertakes to suspend                       among the Member States but to allow them to draw
provisionally and partially the customs duties applicable to         against the quota volumes such quantities as they may need
certain types of fruit and fruit juices, within the limits of        under the conditions and according to a procedure to be
Community tariff quotas of appropriate volumes and of                specified; whereas this method of administration requires
variable duration ; whereas provision should be made that            close cooperation between the Member States and the
the Commission can , in order to be able to ensure that the          Commission and the latter must, in particular, be able to
reciprocal concessions agreed upon in the Agreement are              monitor the rate at which the quotas are being used up and
balanced , suspend by means of a Regulation the                      inform the Member States accordingly;
application of these tariff measures ;
Whereas admission under these tariff quotas is conditional           Whereas since Belgium , the Netherlands and Luxembourg
                                                                     are 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 allocated to that economic union
authorities of the country of origin and certifying that the
products comply with the specific characteristics laid               may be carried out by any of its members ,
down ;
Whereas it is therefore proper to open for all or part of
1988 Community tariff quotas for sweet oranges of high
quality, citrus fruit hybrids known as 'Minneolas' and                HAS ADOPTED THIS REGULATION :
certain types of frozen concentrated orange juice;
Whereas the Community has adopted , with effect from
 1 January 1988 , a combined nomenclature for goods which                                        Article 1
meets the requirements of the Common Customs Tariff
and the Nomenclature of Goods for the External Trade                  1 . As from 1 January 1988 the customs duties applicable
 Statistics of the Community and Statistics of Trade                  to imports of the products listed below shall be suspended
 between     Member     States ; whereas ,     in   order   to        for the periods, at the levels and within the limits of
 accommodate specific Community rules , this nomenclature             Community tariff quotas shown for each product:
 ---pagebreak---   No L 381 / 24                               Official Journal of the European Communities                                         31 . 12 . 87
                            Combined                                                                                     Volume       Rate of
         Order                                                                                       Quota
                          nomenclature                       Description                                                of quota         duty
          No
                               code
                                                                                                     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 1988
      09.0027       ex 0805 20 90           Citrus     fruit   hybrids    known       as       From 1 February           15 000             2
                                            'Minneolas'                                       to 30 April 1988
      09.0033       ex 2009 11 99           Frozen concentrated orange juice having             From 1 January            1 500           13
                                            a degree of concentration of up to 50°         to 31 December 1988
                                            Brix , in containters of two litres or less ,
                                            excluding blood orange concentrate
 Within the limits of these tariff quotas, Spain and Portugal                     on it possess the specific characteristics referred to in
  shall apply customs duties calculated in accordance with                        paragraph 1 , or
  the relevant provisions in the 1985 Act of Accession .
                                                                              — in the case of concentrated orange juice , the
                                                                                  presentation to the Commission , before importation , of
                                                                                  a general attestation in which the competent authority
 2 . For the purposes of this Regulation :                                        of the country of origin certifies that concentrated
                                                                                  orange juice produced in that country does not contain
                                                                                  the juice of blood oranges . The Commission shall
 ( a ) sweet oranges of high quality means oranges of similar                     inform the Member States to enable them to notify the
        varietal characteristics , which     are mature , firm ,                  customs departments concerned .
       well-formed , at least fairly well-coloured , of fairly
       smooth texture and are free from decay , untreated
       broken skins , hard or dry skins , exanthema , growth                  4 . If an importer indicates that he is about to import any
       cracks , bruises ( except those incident to proper                     of the products in question into a Member State and
       handling and packing), and are free from damage                        applies to use the corresponding quota , the Member State
       caused by dryness or mushy condition , split, rough ,                  concerned shall inform the Commission and draw an
       wide or protruding navels , creasing , scars , oil spots ,             amount corresponding to its requirements to the extent
       scale , sunburn , dirt or other foreign matter , disease ,             that the available balance of the quota so permits .
       insects or damage caused by mechanical or other
       means , provided that not more than 15 % of the fruit
       in any lot fails to meet these specifications and included             5 . The drawings made pursuant to paragraph 4 shall be
       in this amount , not more than 5 % shall be allowed for                valid until the end of the quota period .
       defects causing serious damage and , included in this
       latter amount, not more than 0,5 % may be affected by
       decay ;
                                                                                                            Article 2
( b) citrus fruit hybrids known as 'Minneolas' means                          1 . Member States shall take all appropriate measures to
       hybrids of the citrus fruit of the variety 'Minneola'                  ensure that they draw from the quota in accordance with
       ( Citrus paradisi Macf. C.V. Duncan and Citrus                         Article 1 ( 4 ) in such a way that imports may be charged
       reticulata blanca C.V. Dane);                                          without interruption against their accumulated shares of
                                                                             the Community quotas .
(c) frozen concentrated orange juice having a degree of
       concentration of up to 50° Brix means orange juice that
       has a density of 1,229 g / cm3 or less at 20 °C .                     2 . Each Member State shall ensure that importers of the
                                                                             said goods have free access to the quotas so long as the
                                                                             residual balances of the quota volumes so permit.
3 . Admission under the tariff quotas referred to in
paragraph 1 shall be subject to :                                            3 . Member States shall charge imports of the said goods
                                                                             against their drawings as and when the goods are entered
                                                                             for free circulation .
— the presentation , in support of the declaration of entry
      for free circulation , of a certificate of authenticity
      issued by the competent authorities of the country of                  4 . The extent to which the quotas have been used up shall
      origin listed in Annex II and conforming to one of the                 be determined on the basis of the imports charged in
      models in Annex I , certifying that the products shown                 accordance with paragraph 3 .
 ---pagebreak--- 31 . 12 . 87                           Official Journal of the European Communities                              No L 381 / 25
                          Article 3                                                         Article 5
At the request of the Commission , Member States shall            The Commission may, by means of a Regulation , suspend
inform it of imports actually charged against the quotas.         the application of the tariff measures put into effect by this
                                                                  Regulation should it transpire that the reciprocal measures
                                                                  provided for in the Agreement were no longer being
                                                                  applied .
                          Article 4
The Member States and the Commission shall cooperate                                        Article 6
closely in order to ensure that this Regulation is complied
with .                                                            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 , 18 December 1987 .
                                                                                       For the Council
                                                                                        The President
                                                                                        N. WILHJELM
 ---pagebreak--- No L 381 / 26                  Official Journal of the European Communities               31 . 12 . 87
ANEXO I — 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
                                     ΓΠΟΔΕΙΓΜΑ ΠΙΣΤΟΠΟΙΗΤΙΚΟΥ
                                          MODEL CERTIFICATES
                                        MODÈLES DE CERTIFICAT
                                        MODELLI DI CERTIFICATO
                                     MODELLEN VAN CERTIFICAAT
                                       MODELOS DE CERTIFICADO
 ---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
l
   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 — OETAILED 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. Dancy).
 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                  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
    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 . 87                               Official Journal of the European Communities                                    No L 381 / 33
ANEXO II — BILA GII — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGA TO II — BIJLA GE II — ANEXO II
                           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                           United States Department of Agriculture
             De Forenede Stater
             USA
             ΗΠΑ
             USA
             États-Unis d'Amérique
             Stati Uniti
             Verenigde Staten
             Estados Unidos da América
             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 »)
             Israël                                   (udelukkende til krydsninger af citrusfrugter, benævnt »Minneolas«)
             Israele
             Israël                                   (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 »)