CELEX: 31987R4182
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4182/87 of 22 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 Morocco (1988)

No L 399 / 26                            Official Journal of the European Communities                                      31 . 12 . 87
                                         COUNCIL REGULATION (EEC) No 4182 / 87
                                                        of 22 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 Morocco ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            imports from Morocco over a representative reference period
                                                                     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
thereof,
                                                                     Whereas , during the last three years for which statistics are
                                                                     available , imports of each Member State were as follows :
Having regard to the proposal from the Commission ,
                                                                                                                                  (tonnes)
Whereas the Cooperation Agreement between the European
                                                                                Member State             1984        1985        1986
Economic Community and the Kingdom of Morocco 0 ),
signed on 27 April 1976 provides for the opening by the
                                                                     Benelux                               149        399          240
Community of an annual Community tariff quota of 8 250
tonnes of apricot pulp falling within code No ex 2008 50 91          Denmark                               —          —           —
of the combined nomenclature and originating in Morocco ;            Germany                               —          —
                                                                                                                                   120
whereas the customs duties applicable to the quota are equal
                                                                     Greece
to 70% of the customs duties actually applied to
                                                                                                           —          —           —
non-member countries ; whereas the Community tariff quota            France                             7 715       6 636       5 131
in question should therefore be opened for 1988 ;                    Ireland                               —          —           —
                                                                     Italy                                 —          —           —
Whereas, since a protocol as provided for in Articles 179 and        United Kingdom                        —          —           —
366 of the Act of Accession of Spain and Portugal does not
exist, the Community must take the measures referred to in
Articles 180 and 367 of that Act; whereas the tariff measure
concerned will , therefore , apply to the Community as
constituted on 31 December 1985 ;                                    Whereas, during the last three years , the products in question
                                                                     were imported regularly only by certain Member States and
                                                                     not at all or only occasionally by the other Member States;
Whereas the Community has adopted , with effect from                 whereas , in these circumstances , in the first phase, initial
1 January 1988 , a combined nomenclature for goods which             shares should be allocated to the genuine importing Member
meets the requirements of the Common Customs Tariff and              States and the other Member States should be guaranteed
the Nomenclature of Goods for the External Trade Statistics          access to the tariff quotas when imports into those States of
of the Community and Statistics of Trade between Member              the products concerned are notified ; whereas these
States ; whereas , from the date given above , the combined          arrangements for allocation will also ensure the uniform levy
nomenclature should be used for the description of the               of the applicable duties;
products covered by this Regulation ;
                                                                     Whereas , in order to take into account import trends for the
Whereas it is in particular necessary to ensure for all              products concerned in the various Member States , the quota
Community importers equal and uninterrupted access to the            amount should be divided into two parts , the first being
abovementioned quota and uninterrupted application of the            allocated among certain Member States and the second
rate laid down for that quota to all imports of the products         constituting a reserve to cover at a later date the requirements
concerned into all Member States until the quota has been            of Member States which have used up their initial quota
used up ; whereas , having regard to the above principles , the      shares ; whereas , in order to give importers in each Member
Community nature of the quota can be respected by                    State a certain degree of security, the first part of the
allocating the Community tariff quota among the Member               Community quota should under the circumstances be fixed
States; whereas, in order to reflect as accurately as possible       at 38 % of the quota volume ;
the true trend of the market in the products in question , such
allocation should be in proportion to the requirements of the
Member States, calculated by reference to the statistics for         Whereas the Member States' initial shares may be used up at
                                                                     different times ; whereas , in order to take this fact into
(^ OJ No L 264 , 27 . 9 . 1978 , p. 1 .                              account and avoid any break in continuity, any Member
 ---pagebreak--- 31 . 12 . 87                                Official Journal of the European Gommunities                                      No L 399 / 27
State which has almost used up its initial quota share should              Whereas , since the Kingdom of Belgium , the Kingdom of the
draw an additional share from the reserve ; whereas this must              Netherlands and the Grand Duchy of Luxembourg are united
be done by each Member State as and when each of its                       within and jointly represented by the Benelux Economic
additional shares 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 the Member States thereof;                                          HAS ADOPTED THIS REGULATION :
                                                                                                           Article 1
Whereas if, at a given date in the quota period , a substantial
quantity remains unused in any Member State , it is essential              From 1 January to 31 December 1988 , the customs duty
that that Member State should return a significant                         applicable in the Community, as constituted on 31 December
proportion to the reserve to prevent a part of any tariff quota            1985 to imports of the following products shall be suspended
from remaining unused in one Member State when it could be                 at the level indicated and within the limits of a Community
used in others ;                                                           tariff quota as shown below:
      Order No           CN code                                                                            Amount of quota   Quota duty
                                                                 Description                                    ( tonnes)        (%)
09.1105                 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:                                                     \                  l
                   I                     — — Not containing added spirit:                                                   l
                                         — — — Not containing added sugar, in immediate
                                                   packings of a net content:                                               I
                     ex 2008 50 91       — — — — Of 4,5 kg or more :                                                        l
                                                       — Apricot pulp                                             8 250         10,6
                           Article 2                                                                       Article 3
1.     The first part , amounting to 3 135 tonnes of the
Community tariff quota referred to in Article 1 shall be                   1.     If 90 % or more of a Member State's initial share as
allocated among certain Member States ; the quota shares                   specified in Article 2(1 ), or 90% of that share less any
which , subject to Article 5 , shall be valid until 31 December            portion returned to the reserve where Article 5 has been
1988 , shall be as follows :                                               applied , has been used up , then , to the extent permitted by
                                                                           the amount of the reserve , that Member State shall forthwith ,
                                                    (tonnes)               by notifying the Commission , draw a second share equal to
        Benelux                                         120                15 % of its initial share, rounded up where necessary to the
        Germany                                          20                next unit .
        France                                        2 995
2.     The second part , amounting to 5 115 tonnes , shall                 2.     If, after its initial quota share has been used up , 90 %
constitute the reserve .                                                   or more of the second share drawn by a Member State has
                                                                           been used up , then that Member State shall , in accordance
3.     If an importer gives notification of imminent imports               with the conditions laid down in paragraph 1 , draw a third
of the product in question into the other Member States and                share equal to 7,5 % of its initial share .
applies to take advantage of the quota , the Member State
concerned shall inform the Commission and draw an amount
corresponding to its requirements to the extent that the                   3.     If, after its second share has been used up , 90% or
available balance of the reserve so permits .                              more of the third share drawn by a Member State has been
 ---pagebreak--- No L 399 / 28                              Official Journal of the European Communities                                  31 . 12 . 87
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 that 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 fixed in
those paragraphs if there are grounds for believing that they
might not be used up . It shall inform the Commission of its          1.     The Member States shall take all measures necessary to
reasons for applying this paragraph .                                 ensure that additional shares drawn pursuant to Article 3
                                                                      enable imports to be charged without interruption against
                                                                      their accumulated shares of the tariff quota .
                              Article 4
                                                                      2.     The Member States shall ensure that importers of the
                                                                      products in question have free access to the quota shares
The additional shares drawn pursuant to Article 3 shall be            allocated to them .
valid until 31 December 1988 .
                                                                      3.     The Member States shall charge the imports of the
                                                                      product concerned against their shares as and when the
                              Article 5                               products are entered with customs authorities for free
                                                                      circulation .
The Member States shall return to the reserve , not later than
1 October 1988 , such unused portion of their initial shares          4.     The extent to which a Member State has used up its
as , on 15 September 1988 , is in excess of 20 % of the initial       share shall be determined on the basis of the imports charged
volume. They may return a larger quantity if there are                in accordance with paragraph 3 .
grounds for believing that this quantity may not be used .
The Member States shall notify the Commission , not later                                        Article 8
than 1 October 1988 , of the total quantities of the products
in question imported up to 15 September 1988 and charged
against the tariff quota and of any quantity of the initial           At the Commission's request , the Member States shall inform
shares returned 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             The Member States and the Commission shall cooperate
by the Member States pursuant to Articles 2 and 3 and , as            closely to ensure that this Regulation is complied with .
soon as it is notified , shall inform each Member State of the
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 , 22 December 1987 .
                                                                                          For the Council
                                                                                           The President
                                                                                           N. WILHJELM