CELEX: 31987R4181
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4181/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within code No ex 2008 50 91 of the combined nomenclature and originating in Israel (1988)

31 . 12 . 87                               Official Journal of the European Communities                                    No L 399 / 23
                                          COUNCIL REGULATION (EEC) No 4181 / 87
                                                        of 21 December 1987
                   opening, allocating and providing for the administration of a Community tariff quota for
                   apricot pulp falling within code No ex 2008 50 91 of the combined nomenclature originating
                                                           in Israel ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               and also to the economic outlook for the quota period in
                                                                        question ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                       Whereas , during the last three years for which statistics are
thereof,                                                                available, imports into each of the Member States were as
                                                                        follows :
Having regard to the proposal from the Commission ,
                                                                                                                                    (tonnes)
                                                                                   Member State              1984      1985        1986
Whereas the Agreement between the European Economic
Community and the State of Israel (*) provides for the                  Benelux                                1         55         64
opening by the Community of an annual Community tariff                  Denmark                               —          —          —
quota of 150 tonnes of apricot pulp falling within code No
2008 50 91 of the combined nomenclature and originating in              Germany                               —          —           —
Israel ; whereas the customs duty applicable within this tariff         Greece                                —          —           —
quota is equal to 70 % of the customs duty actually applied to          Spain                                 —          —          —
non-member countries; whereas the Community tariff quota
                                                                        France                                                      33
in question should therefore be opened for 1988 ;                                                             —          —
                                                                        Ireland                               —          —           —
                                                                        Italy                                 —          —           —
Whereas , in the absence of a protocol as provided for in
                                                                        Portugal                              —          —           —
Articles 179 and 366 of the Act of Accession of Spain and
Portugal , the Community must take the measures referred to             United Kingdom                        —          —           —
in Articles 180 and 367 of the said Act; whereas the tariff
measure in question therefore applies to the Community as
constituted on 31 December 1985 ;
                                                                        Whereas in the last three years the products in question were
                                                                        only imported regularly by certain Member States and not at
Whereas, from 1 January 1988 , the nomenclature in the                  all or only occasionally by the other Member States ; whereas ,
Common Customs Tariff will be replaced by the combined                  in these circumstances , in the first phase initial shares should
nomenclature based on the International Convention on the               be allocated to the genuine importing Member States and the
Harmonized Commodity Description and Coding System ;                    other Member States should be guaranteed access to the tariff
whereas this Regulation takes account of that fact by using             quotas when imports into those States are notified ; whereas
the combined nomenclature codes of the products                         these arrangements for allocation will also ensure the
concerned ;                                                             uniform levy of the applicable duties ;
Whereas it is in particular necessary to ensure for all                 Whereas , in order to take into account import trends for the
Community importers equal and uninterrupted access to the               products concerned in the various Member States , quotas
abovementioned quota and uninterrupted application of the               should be divided into two parts , the first being shared
rate laid down for that quota to all imports of the products            among certain Member States and the second constituting a
concerned into all Member States until the quota has been               reserve to cover the subsequent requirements of these
used up ; whereas , having regard to the above principles , the         Member States where they have used up their initial shares
Community nature of the quota can be respected by                       and any additional requirements which might arise in the
allocating the Community tariff quota among the Member                  other Member States; whereas , in order to give importers in
States; whereas , in order to reflect as accurately as possible         each Member State a certain degree of security, the first part
the real trend of the market in the products in question, such          of the Community quota should , in these circumstances, be
allocation should be in proportion to the requirements of the           fixed at 67% of the quota volume ;
Member States , calculated by reference to the statistics for
imports from Tunisia over a representative reference period
                                                                        Whereas the Member States' initial shares may be used up at
                                                                        different times ; whereas, in order to take this fact into
(!) OJ No L 136 , 28 . 5 . 1975 , p. 1 .                                account and avoid any break in continuity, any Member
 ---pagebreak---  No L 399 / 24                                Official Journal of the European Communities                                              31 . 12 . 87
 State which has almost used up its initial quota shares should                Whereas , since the Kingdom of Belgium, the Kingdom of the
 draw an additional share from the reserve; whereas this                       Netherlands and the Grand Duchy of Luxembourg are united
 should be done by each Member State as and when its                            within and jointly represented by the Benelux Economic
 additional share is almost used up , and repeated as many                      Union, any operation relating to the administration of the
 times as the reserve allows; whereas the initial and additional                quota shares allocated to that economic union may be carried
 shares must be valid until the end of the quota period ;                       out by any of its members ,
 whereas this method of administration requires close
 cooperation between the Member States and the
 Commission and the latter must be in a position to monitor
 the extent to which the quota volume has been used up and to
 inform Member States thereof;                                                 HAS ADOPTED THIS REGULATION :
                                                                                                               Article 1
Whereas if, at a given date in the quota period , a substantial
 quantity of the initial quota share remains unused in any                     From 1 January to 31 December 1988 the customs duty
 Member State , it is essential that that Member State should                   applicable in the Community, as constituted on 31 December
return a significant proportion to the reserve to prevent a part                1985 , to the following products originating in Israel shall be
of the Community tariff quota from remaining unused in one                      suspended at a level and within the limits of a Community
Member State when it could be used in others ;                                 tariff quota as shown herewith :
      Order No             CN code                                   Description                                Amount of quota      Quota duty
                                                                                                                    ( tonnes )           (% )
09.1301                   2008             Fruits, nuts and other edible parts of plants , otherwise
                                           prepared or preserved, whether or not containing added
                                           sugar or other sweetening matter or spirit, not elsewhere
                                           specified or included :
                          2008 50          — Apricots :
                                           — — Not containing added spirit:
                                           — — — Not containing added sugar , in immediate
                                                     packings of a net content :
                       ex 2008 50 91       — — — — Of 4,5 kg or more :                                                          l
                                                        — Apricot pulp                                                 150              11,9
                              Article 2                                                                       Article 3
1.     An initial tranche of 100 tonnes of the Community
tariff quota referred to in Article 1 shall be allocated among                 1.     If 90 % or more of a Member State's initial share as
certain Member States; the respective shares which , subject                   specified in Article 2 ( 1 ), of that share minus the portion
to Article 5 , shall be valid until 3 1 December 1 9 8 8 , shall be as         returned to the reserve where Article 5 has been applied, has
follows :                                                                      been used up , then to the extent permitted by the amount of
                                                                               the reserve that Member State shall forthwith , by notifying
                                                     (tonnes)                  the Commission , draw a second share equal to 15% of its
        Benelux                                             78
                                                                               initial share , rounded up where necessary to the next unit.
        France                                              22
                                                                               2.     If, after its initial share has been used up , 90 % or more
2.     The second tranche of 50 tonnes shall constitute the
                                                                               of the second share drawn by a Member State has been used
reserve .
                                                                               up , then to the extent permitted by the amount of the reserve
                                                                               that Member State shall , in accordance with the conditions
3.     If an importer notifies the imminent import of the                      laid down in paragraph 1 , draw a third share equal to 7,5 %
products in question into the other Member States and                          of its initial share .
applies to use the quota , the Member State concerned shall
inform the Commission and draw an amount corresponding
to the requirements to the extent that the available balance of                3.     If, after its second share has been used up , 90% or
the reserve so permits .                                                       more of the third share drawn by a Member State has been
 ---pagebreak--- 31 . 12 . 87                                Official Journal of the European Communities                               No L 399 / 25
 used up , that Member State shall , in accordance with the            It shall ensure that the drawing which exhausts the reserve
conditions laid down in paragraph 1 , draw a fourth share              does not exceed the balance available and , to this end , shall
equal to the third .                                                   notify the amount of the balance to the Member State making
                                                                       the last drawing.
This process shall continue until the reserve is used up .
4.     By way of derogation from paragraphs 1 , 2 and 3 , a                                       Article 7
Member State may draw shares smaller than those specified
in those paragraphs if there are grounds for believing that
they might not be used up . It shall inform the Commission of          1.     The Member States shall take all measures necessary to
its reasons for applying this paragraph .                              ensure that additional shares drawn pursuant to Article 3 are
                                                                       opened in such a way that imports may be charged without
                                                                       interruption against their accumulated shares of the tariff
                                                                       quota .
                              Article 4
                                                                       2.     The Member States shall ensure that importers of the
The additional shares drawn pursuant to Article 3 shall be             products in question have free access to the shares allocated
valid until 31 December 1988 .                                         to them .
                                                                       3.     The Member States shall charge the imports of the
                              Article S                                products concerned against their shares as and when the
                                                                       products are entered with customs authorities for free
The Member States shall return to the reserve , not later than         circulation .
1 October 1988 , such unused portion of their initial share as ,
on 15 September 1988 , is in excess of 20% of the initial              4.     The extent to which a Member State has used up its
volume . They may return a larger quantity if there are                share shall be determined on the basis of the imports charged
grounds for believing that this quantity may not be used .             in accordance with paragraph 3 .
The Member States shall notify the Commission, not later
than 1 October 1988 , of the total quantities of the products                                     Article 8
in question imported up to 15 September 1988 and charged
against the tariff quota and of any of the initial share that they     At the Commission's request the Member States shall inform
are returning to the reserve .
                                                                       it of imports actually charged against their shares .
                             Article 6
                                                                                                 Article 9
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and 3 and , as             The Member States and the Commission shall cooperate
soon as it is notified , shall inform each Member State of the         closely to ensure that this Regulation is complied with .
extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October                                     Article 10
1988 , of the amount in the reserve after quantities have been
returned thereto pursuant to Article 5 .                               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