CELEX: 31986R4009
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4009/86 of 16 December 1986 opening, allocating and providing for the 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 and originating in Israel (1987)

31 . 12 . 86                               Official Journal of the European Communities                                   No L 374 / 7
                                          COUNCIL REGULATION ( EEC ) No 4009 / 86
                                                        of 16 December 1986
               opening, allocating and providing for the 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 and
                                                     originating in Israel ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas , during the last three years for which statistics
                                                                       are available , the corresponding imports by each of the
                                                                       Member States represent the following percentages of total
                                                                       imports of the product in question originating in Israel :
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,                                                                            Member State           1983      1984       1985
                                                                        Benelux                             100       100       100
                                                                        Denmark                              —         —          —
Having regard to the proposal from the Commission ,                     Germany                              —         —          —
                                                                        Greece                               —         —          —
                                                                        France                               —         —          —
                                                                        Ireland                              —         —          —
Whereas the Agreement between the European Economic                     Italy                                —         —          —
Community and the State of Israel ('), provides for the                 United Kingdom                       —         —          —
opening by the Community of an annual Community tariff
quota of 150 tonnes of apricot pulp falling within
subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
Tariff and originating in Israel; whereas the customs duties            Whereas these data cannot be considered as representative
applicable to the quota are equal to 70 % of the customs                to serve as a basis for allocation of the quota volume
duties actually applied to non-member countries ; whereas               among the Member States ; whereas it is difficult to
the Community tariff quota in question should therefore be              estimate imports by Member States for 1987 because of the
opened for 1987 ;                                                       situation in previous years ; whereas to allocate the quota
                                                                        volume on a fair basis , the approximate percentages of
                                                                        initial quota shares may be fixed as follows :
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does                       Benelux                                   77,7
not exist , the Community must adopt the measures referred                       Denmark                                     1,7
to in Articles 180 and 367 of that Act ; whereas the tariff                      Germany                                     1,7
measure concerned will , therefore , apply to the                                Greece                                      1,7
Community as constituted on 31 December 1985 ;                                   France                                      1,7
                                                                                 Ireland                                     1,7
                                                                                 Italy                                       1,7
                                                                                 United Kingdom                            12,1
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the              Whereas , in order to take into account import trends for
products concerned into all Member States until the quota                the products concerned in the various Member States , the
has been used up ; whereas , having regard to the above                  quota amount should be divided into two instalments , the
principles , the Community nature of the quota can be                    first being shared among the Member States and the second
 respected by allocating the Community tariff quota among                constituting a reserve to cover at a later date the
 the Member States; whereas , in order to reflect as                     requirements of the Member States which have used up
 accurately as possible the true trend of the market in the              their initial quota shares ; whereas , in order to give
 products in question , such allocation should be in                     importers in each Member State a certain degree of
 proportion to the requirements of the Member States ,                   security , the first instalment of the Community quota
 calculated by reference to the statistics for imports from              should under the circumstances be fixed at 80 % of the
 Israel over a representative reference period and also to the           quota volume ;
 economic outlook for the quota period in question ;
                                                                         Whereas the Member States' initial shares may be used up
                                                                         at different times ; whereas , in order to take this fact into
                                                                         account and avoid any break in continuity , any Member
 (») OJ No L 136 , 28 . 5 . 1975 , p. 1 .                                State which has almost used up its initial quota share
 ---pagebreak---   No L 374 / 8
                                            Official Journal of the European Communities                                        31 . 12. 86
  should draw an additional share from the reserve ; whereas                 Whereas , since the Kingdom of Belgium, the Kingdom of
  this must be done by such Member State as when each of                     the Netherlands and the Grand Duchy of Luxembourg are
  its additional shares is almost used up , and repeated as                  united within and jointly represented by the Benelux
  many times as the reserve allows ; whereas the intitial and                Economic Union , any operation relating to the
  additional share must be valid until the end of the quota                  administration of the quota shares allocated to that
  period ; whereas this method of administration requires                    economic union may be carried out by any of its
  close cooperation between the Member States and the                        members ,
  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,                  From 1 January to 31 December 1987, the customs duty
  it is essential that that Member State should return a                    applicable in the Community , as constituted on
  significant proportion to the reserve to prevent a part of                31 December 1985 , on the following products, shall be
  any tariff quota from remaining unused in one Member                      suspended at the level and within the limits of a
 State when it could be used in others ;                                    Community tariff quota as shown herewith :
                      CCT heading                                                                            Amount of     Tariff quota
     Order No
                            No                                      Description                             tariff quota       duty
                                                                                                              ( tonnes )       (% )
     09.1301     ex 20.06 B II c ) 1 aa ) Apricot pulp , originating in Israel                                   150          11,9
                             Article 2
                                                                            2 . If, after its initial share has been used up, 90 % or
                                                                            more of the second share drawn by a Member State has
 1 . A first instalment amounting to 116 tonnes of the                      been used up , then , to the extent permitted by the amount
 Community tariff quota referred to in Article 1 shall be                   of the reserve, that Member State shall , in accordance with
 allocated among the Member States ; the respective shares                  the conditions laid down in paragraph 1 , draw a third
 which , subject to Article 5 , shall be valid until                        share equal to 7,5 % of its initial share, rounded up where
 31 December 1987 , shall be as follows :                                   necessary to the next unit.
                                                     (tonnes)
         Benelux                                        90
                                                                           3 . If, after its second share has been used up, 90 % or
         Denmark                                         2
                                                                           more of the third share drawn by a Member State has been
         Germany                                         2
                                                                           used up , that Member State shall , in accordance with the
        Greece                                           2
                                                                           conditions laid down in paragraph 1 , draw a fourth share
        France
                                                                           equal to the third .
                                                         2
        Ireland                                          2
        Italy                                            2
                                                                           This process shall continue until the reserve is used up .
        United Kingdom                                  14
                                                                           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                           Member State may draw shares smaller than those fixed in
                                                                           those paragraphs if there are grounds for believing that
2 . The second instalment amounting to 34 tonnes shall                     they might not be used up . It shall inform the Commission
constitute the reserve .
                                                                           of its reasons for applying this paragraph .
                                                                                                       Article 4
                             Article 3
                                                                          The additional shares drawn pursuant to Article 3 shall be
1 . If 90 % or more of a Member State's initial share as                  valid until 31 December 1987 .
specified in Article 2 ( 1 ), or 90 % of that share minus the
portion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by
the amount of the reserve , that Member State shall                                                    Article 5
forthwith , by notifying the Commission, draw a second
share equal to 15 % of its initial share , rounded up where               The Member States shall return to the reserve , not later
necessary to the next unit .                                              than 1 October 1987 , such unused portion of their initial
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                               No L 374 / 9
share as , on 15 September 1987 , is in excess of 20 % of the        are opened in such a way that imports may be charged
initial volume . They may return a larger quantity if there          without interruption against their accumulated shares of
are grounds for believing that this quantity may not be              the tariff quota .
used .
                                                                     2 . The Member States shall ensure that importers of the
The Member States shall notify the Commission , not later            products in question have free access to the shares allocated
than 1 October 1987 , of the total quantities of the products        to them .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial          3 . The Member States shall charge the imports of the
shares returned to the reserve .                                     products concerned against their shares as and when the
                                                                     products are entered with customs authorities for free
                                                                     circulation .
                           Article 6
                                                                     4 . The extent to which a Member State has used up its
The Commission shall keep an account of the shares                   share shall be determined on the basis of the imports
opened by the Member States pursuant to Articles 2 and 3             charged in accordance with paragraph 3 .
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .
                                                                                               Article 8
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have            At the Commission's request the Member States shall
been returned thereto pursuant to Article 5 .                        inform it of imports actually charged against their shares .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall                                Article 9
notify the amount of the balance to the Member State
making the last drawing .                                            The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
                           Article 7
                                                                                              Article 10
 1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 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 , 16 December 1986 .
                                                                                         For the Council
                                                                                           The President
                                                                                             G. HOWE