CELEX: 31976R1524
Language: en
Date: 1976-06-24 00:00:00
Title: Council Regulation (EEC) No 1524/76 of 24 June 1976 on the opening, allocation and administration of a Community tariff quota for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Morocco (1976)

No L 169/50                                Official Journal of the European Communities                                 28 . 6. 76
                                           COUNCIL REGULATION (EEC) No 1524/76
                                                            of 24 June 1976
               on the opening, allocation and administration of a Community tariff quota for
                apricot pulp, falling within subheading ex 20.06 B II c) I aa) of the Common Customs
                                                Tariff, originating in Morocco ( 1976)
THE COUNCIL OF THE EUROPEAN                                            Community nature of the quota can be respected
COMMUNITIES,                                                           by allocating the tariff quota among the Member
                                                                       States ; whereas, to reflect most accurately the actual
                                                                       development of the market in the products in
Having regard to the Treaty establishing the                           question, such allocation should be in proportion
European Economic Community, and in particular                         to the requirements of the Member States, assessed
Articles 43 and 113 thereof,                                           by reference both to the statistics relating to imports
                                                                       of the said product from Morocco over a represen­
                                                                       tative reference period and to the economic outlook
Having regard to the proposal from the Commission,                     for the quota period concerned ;
Having regard to the opinion of the European                           Whereas, during the last three years for which
Parliament (*),
                                                                       statistics are available, the corresponding imports of
                                                                       each Member State represent the following percent­
                                                                       ages of imports into the Community from Morocco
Whereas the Cooperation Agreement between the
European Economic Community and the Kingdom
                                                                       of the products concerned :
of Morocco, signed on 27 April 1976, provides in                                                                    (in percentages)
Article 22 for the opening by the Community of an
annual Community tariff quota of 8 250 metric tons                                                    1972    1973          1974
of apricot pulp falling within subheading ex 20.06 B II
c) 1 aa) of the Common Customs Tariff originating                      Benelux                         0.5     0.7           0.8
in Morocco ; whereas the customs duties applicable                     Denmark                         0.2     0.6           0.3
to the quota are equal to 70% of the customs duties                    Germany                        20.0    46.2         45.5
actually applied to non-member countries ; whereas,                    France                         79.3    50.7         51.3
pending the entry into force of this Agreement, the                    Ireland                      ■  —       —             —
Interim Agreement between the European Economic
                                                                       Italy                                                 0.5
Community and the Kingdom of Morocco (2)
                                                                                                       —       —
provides for the advance application of this tariff                    United Kingdom                  —
                                                                                                               1.8           1.6
measure, probably with effect from 1 July 1976 ;
whereas the pro rata temporis clause shall apply ;
whereas the Community tariff quota in question
                                                                        Whereas, both these percentages and the estimates
should therefore be opened for the second half of                      from certain Member States should be taken into
1976 ;
                                                                        account as well as the need to ensure that, in the
                                                                        circumstances, the obligations contracted under the
                                                                        Agreement concerned are allocated fairly among all
Whereas it is, in particular, necessary to ensure equal                 the Member States ; whereas the approximate
and uninterrupted access for all importers in the                       percentages of the initial quota shares may therefore
Member States to the quota and uninterrupted                            be fixed as follows :
application of the rate laid down for that quota to
all imports of the product in question into all Member
 States until the said quota has been used up ;                                 Benelux                              3% ,
whereas having regard to the above principles the                               Denmark                              3% ,
                                                                                Germany                            36% ,
                                                                                France                             41% ,
                                                                                Ireland                              2% ,
 (*) Opinion delivered on 18 June 1976 and not yet
      published in the Official Journal.                                        Italy                                5% ,
 ( 2) OJ No L 141 , 28 . 5 . 1976, p. 98 .                                      United Kingdom                     10% ;
 ---pagebreak--- 28 . 6. 76                          Official Journal of the European Communities                            No L 169/51
Whereas, in order to take account of future trends in          2. Within the limits of this tariff quota the Common
imports into the various Member States of the                  Customs Tariff duty applicable to these products
product concerned, the quota should be divided into            shall be suspended at a rate of 11-9% .
two instalments, the first to be allocated among all
the Member States and the second to form a reserve
intended to cover any subsequent requirements of               3 . Within the limits of this tariff quota the new
Member States which have used up their initial                 Member States shall apply duties calculated in
shares ; whereas, in order to ensure a certain degree          accordance with the Agreement between the
of security for importers in each Member State, the            Community and Morocco and the Act of Accession.
first instalment of the Community tariff quota should
be set at 66% of the quota ;
                                                                                        Article 2
Whereas Member States may use up their initial                 1 . A first instalment of 2 720 metric tons of the
 shares at different rates ; whereas, to provide for this      Community tariff quota referred to in Article 1 , shall
 eventuality and to avoid disruption of supplies, any          be allocated among the Member States ; the shares,
 Member State which has almost used up its initial             which subject to Article 5 , shall be valid until 31
 share should draw an additional share from the                December 1976, shall be as follows :
 reserve ; whereas this should be done by each
 Member State when each of its additional shares has
                                                                         Benelux                  80  metric tons,
 been almost used up, and so on as many times as
                                                                         Denmark                  80  metric tons,
 the reserve allows ; whereas the initial and additional
 shares should be valid until the end of the quota                       Germany                 980  metric tons,
 period ; whereas this form of administration requires                   France                1 100  metric tons,
 close collaboration between Member States and the                       Ireland                  60  metric tons,
 Commission, and the Commission must be in a
                                                                         Italy                   140  metric tons,
 position to keep a record of the extent to which the
 quota has been used up and to inform the Member                         United Kingdom          280 metric tons .
 States accordingly;
                                                               2 . The second instalment of 1 405 metric tons shall
                                                                constitute the reserve.
 Whereas if, at a given date in the quota period, a
 considerable quantity of a Member State's initial
 share remains unused, it is essential that that                                        Article 3
 Member State should return a significant proportion
 to the reserve so as to prevent a part of the quota
 from remaining unused in one Member State when                 1 . If 90% or more of any Member State's initial
 it could be used in others ;                                   share as fixed in Article 2 ( 1 ), or 90% of that share
                                                                less any portion returned to the reserve, where
                                                                Article 5 has been applied, has been used up that
                                                                Member State shall forthwith, by notifying the
 Whereas, since the Kingdom of Belgium, the Kingdom             Commission, draw a second share equal to 15% of
  of the Netherlands and the Grand Duchy of Luxem­              its initial share, rounded up where necessary to the
 bourg are united within and jointly represented by             next whole number, to the extent that the reserve so
  the    Benelux   Economic      Union,    any   measure        permits.
  concerning the administration of the shares allocated
  to that Economic Union may be carried out by any
  one of its members,                                           2. If after its initial share has been used up, 90%
                                                                or more of the second share drawn by a Member
                                                                State has been used up, that Member State shall, in
                                                                accordance      with  the   conditions   laid   down   in
  HAS ADOPTED THIS REGULATION :                                 paragraph 1 , draw a third share equal to 7-5% of
                                                                its initial share .
                         Article 1                              3 . If after its second share has been used up, 90%
                                                                or more of the third share drawn by a Member
                                                                State has been used up, that Member State shall , in
   1 . For the period 1 July to 31 December 1976 a               accordance with the same conditions, draw a fourth
  Community tariff quota of 4 125 metric tons shall              share equal to the third.
  be opened in the Community for apricot pulp,
  falling within subheading ex 20.06 B II c) 1 aa ) of           This procedure shall apply until the reserve is used
  the Common Customs Tariff, originating in Morocco .            up .
 ---pagebreak--- No L 169/52                         Official Journal of the European Communities                              28 . 6 . 76
4. Notwithstanding paragraphs 1 , 2 and 3 , Member             It shall ensure that the drawing which exhausts the
States may draw smaller shares than those specified            reserve does not exceed the balance available and to
therein if there are grounds for believing that those          this end shall specify the amount thereof to the
specified may not be used in full. They shall inform           Member State making the final drawing.
the Commission of their reasons tfor applying this
paragraph.
                                                                                       Article 7
                       Article 4
                                                               1 . Member States shall take all appropriate measures
                                                               to ensure that additional shares drawn pursuant to
Additional shares drawn pursuant to Article 3 shall            Article 3 are opened in such a way that imports may
be valid until 31 December 1976.                               be charged without interruption against their
                                                               aggregate shares of the Community quota.
                       Article 5                               2 . Member States shall ensure that importers of the
                                                               products in question established in their territory
                                                               have free access to the shares allocated to them .
Member States shall return to the reserve, not later
than 15 November 1976, the unused portions of
their initial shares which, on 1 November 1976, are            3 . Member States shall charge imports of the said
in excess of 20% of the initial amounts . They may             products against their shares as and when the product
return a greater portion if there are grounds for              in question is entered for home use.
believing that such portions may not be used in full .
                                                               4. The extent to which a Member State has used up
                                                               its share shall be determined on the basis of the
Member States shall notify the Commission, not later
than 15 November 1976, of the total quantity of the            imports charged in accordance with paragraph 3 .
product in question imported up to and including
1 November 1976 and charged against the                                                Article 8
Community quota and of any portion of their initial
shares returned to the reserve .
                                                               At the Commission's request, Member States shall
                                                               inform it of the imports actually charged against
                       Article 6                               their shares .
The Commission shall keep account of the shares                                        Article 9
opened by the Member States pursuant to Articles
2 and 3 and, as soon as it has been notified, shall            The    Member    States   and   the  Commission     shall
inform each Member State of the extent to which
                                                               cooperate closely to ensure that this Regulation is
the reserve has been used up.                                  complied with.
It shall inform the Member States, not later than
20 November 1976, of the state of the reserve after                                   Article 10
amounts have been returned thereto pursuant to
Article 5 .                                                    This Regulation shall enter into force on 1 July 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 June 1976.
                                                                                        For the Council
                                                                                        The President
                                                                                          G. THORN