CELEX: 31986R4113
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4113/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and originating in Cyprus (1987)

31 . 12 . 86                               Official Journal of the European Communities                                  No L 380 / 13
                                          COUNCIL REGULATION ( EEC ) No 4113 / 86
                                                           of 22 December 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                   sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and
                                                       originating in Cyprus ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas it is in particular necessary to ensure to all
                                                                        Community importers equal and uninterrupted access to
                                                                        the abovementioned quota and uninterrupted application
                                                                        of the rates laid down for that quota to all imports of the
Having regard to the Treaty establishing the European                   products concerned into all Member States until the quota
Economic Community, and in particular Article 113                       has been used up ; whereas , in the present case , it seems
thereof,                                                                advisable not to allocate this quota among the Member
                                                                        States without prejudice to the drawing against the quota
                                                                        volume of such quantities as they may need , under the
Having regard to the proposal from the Commission ,                     conditions and according to the procedure specified in
                                                                        Article 1 ( 2 ); whereas this method of management requires
                                                                        close cooperation between the Member States and the
Whereas , in Regulation ( EEC ) No 3700 / 83 ( J ), the                 Commission and the latter must , in particular , be able to
Community has established the arrangements applicable to                monitor the rate at which the quota is used up and inform
trade with Cyprus for 1984 ; whereas Article 2 of this                  the Member States thereof;
Regulation provides for the opening of an annual
Community tariff quota of 300 tonnes of sweet peppers ,
falling within subheading 07.01 S of the Common Customs                 Whereas , since the Kingdom of Belgium , the Kingdom of
Tariff and originating in Cyprus , at a rate of customs duty            the Netherlands and the Grand Duchy of Luxembourg are
equal to 50 % of the customs duty in the Common                         united within and jointly represented by the Benelux
Customs Tariff;                                                         Economic Union , any operation relating to the
                                                                        administration of the quota shares allocated to that
                                                                        economic union may be carried out by any of its
Whereas , pending the definition of arrangements applicable             members ,
beyond 31 December 1984 it is necessary to extend
provisionally for 1987 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned Regulation ; whereas the                    HAS ADOPTED THIS REGULATION :
abovementioned Community tariff quota should be opened
for the period 1 January to 31 December 1987 ;
                                                                                                    Article 1
Whereas , in the absence of a protocol such as that provided
for in Articles 179 and 366 of the Act of Accession of Spain             1 . From 1 January to 31 December 1987 on the import
and Portugal , the Community must take the measures                     into the Community as constituted on 31 December 1985
referred to in Articles 180 and 367 of the said Act ; whereas           the customs duty for the following products shall be
the tariff measure in question therefore applies to the                 suspended at a level and within the limits of a Community
Community as constituted on 31 December 1985 ;                          tariff quota as follows :
     Order          CCT                                                                            Quota volume        Quota duty
                                                           Description
      No         heading No                                                                         ( in tonnes )          (% )
    09.1409       07.01 S       Sweet peppers , originating in Cyprus                                    300               4,5
2 . If an importer notifies an imminent importation of the               inform     the   Commission         and  draw    an    amount
product in question in a Member State and requests the                   corresponding to these requirements to the extent that the
benefit of the quota , the Member State concerned shall                  available balance of the reserve permits this .
                                                                         3 . The shares drawn pursuant to paragraph 2 shall be
(') OJ No L 369 , 30 . 12 . 1983 , p. 1 .                                valid until the end of the quota period .
 ---pagebreak--- No L 380 / 14                           Official Journal of the European Communities                                31 . 12 . 86
                           Article 2                                                         Article 3
1 . Member States shall take all appropriate measures to           At the request of the Commission , Member States shall
ensure that their drawings pursuant to Article 1 ( 2 ) are         inform it of imports actually charged against the quota .
carried out in such a way that imports may be charged
without interruption against their accumulated shares of
the Community quota .
                                                                                             Article 4
2 . Each Member State shall ensure that importers of the
said goods have access to the quota so long as the residual        The Member States and the Commission shall collaborate
balance of the quota volume so permits .
                                                                   closely in order to ensure that this Regulation is complied
                                                                   with .
3 . Member States shall charge imports of the said goods
against their drawings as and when the goods are entered
for free circulation .
4 . The extent to which the quota has been used up shall                                    Article 5
be determined on the basis of the imports charged in
accordance with paragraph 3 .                                      This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1986 .
                                                                                       For the Council
                                                                                         The President
                                                                                           G. SHAW