CELEX: 31987R4189
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4189/87 of 21 December 1987 opening and providing for the administration of Community tariff quotas for sweet peppers, frozen peas and garlic originating in Yugoslavia (1988)

31 . 12 . 87                                      Official Journal of the European Communities                               No L 400 / 43
                                                 COUNCIL REGULATION (EEC) No 4189 / 87
                                                               of 21 December 1987
                   opening and providing for the administration of Community tariff quotas for sweet peppers,
                                             frozen peas and garlic originating in Yugoslavia ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    nomenclature based on the International Convention on the
                                                                             Harmonized Commodity Description and Coding System;
Having regard to the Treaty establishing the European                        whereas this Regulation must therefore take account of that
Economic Community, and in particular Article 113                            fact by using the combined nomenclature codes and, where
thereof,                                                                     appropriate, the Taric code numbers of the products
                                                                             concerned ;
Having regard to the proposal from the Commission ,
                                                                             Whereas equal and continuous access to the quotas should be
Whereas Article 2 of the Additional Protocol to the
                                                                             ensured for all Community importers and the rates laid down
                                                                             for the quotas should be applied consistently to all imports of
Cooperation Agreement between the European Economic                          the products in question into all Member States until the
Community and the Socialist Federal Republic of Yugoslavia                   quotas are exhausted; whereas, however, the quotas should
establishing new trade arrangements (*) provides for the                     not in this case be allocated among the Member States,
opening of Community tariff quotas for imports into the                      without prejudice to the drawing against the quota volumes
Community of:                                                                of such quantities as they may need, under the conditions and
— 1 200 tonnes of sweet peppers falling within code                          according to the procedure laid down in Article 1 (3 );
      0709 60 10 of the combined nomenclature ,
                                                                             whereas this method of administration requires close
                                                                             cooperation between the Member States and the
— 1 300 tonnes of frozen peas falling within code                            Commission and the latter must in particular be able to
      0710 21 00 of the combined nomenclature , and                          monitor the rate at which the quota is used and inform the
                                                                             Member States accordingly;
— 300 tonnes of garlic falling within code 0703 20 00 of the
      combined nomenclature ,                                                Whereas since the Kingdom of Belgium , the Kingdom of the
                                                                             Netherlands and the Grand Duchy of Luxembourg are united
originating in Yugoslavia ;                                                  within and jointly represented by the Benelux Economic
                                                                             Union, any operation concerning the administration of the
Whereas , within the limits of those tariff quotas , customs                 quota share allocated to that economic union may be carried
duties are to be dismantled over thfe same periods and at the                out by any one of its members ,
same rates as provided for in Articles 75 and 268 of the Act of
Accession of Spain and Portugal ; whereas the quota duties
for 1988 are equal to 72,7 % of the Common Customs Tariff
duties; whereas , however, Council Regulation (EEC ) No
4150 / 87 of 21 December 1987 laying down arrangements                       HAS ADOPTED THIS REGULATION:
for Spain's and Portugal's trade with Yugoslavia and
amending Regulation (EEC ) No 449 / 86 and (EEC ) No
2573 / 87 ( 2 ) provides that those Member States are to
postpone application of the preferential arrangements for the
                                                                                                        Article 1
products in question until 31 December 1989 and 31
December 1990 respectively; whereas this Regulation
therefore applies only to the Community as constituted on 31                  1.    From 1 January to 31 December 1988 the duties
December 1985 ; whereas the Community tariff quotas in                       applicable to imports into the Community as constituted on
 question should therefore be opened for 1988 ;                               31 December 1985 of the following products originating in
                                                                             Yugoslavia shall be suspended at the levels indicated and
Whereas from 1 January 1988 the nomenclature used in the                     within the limits of a Community tariff quota as shown
Common Customs Tariff will be replaced by the combined                       below:
 (*) OJ No L 389 , 31 . 12 . 1987 , p . 73 .
 (2 ) OJ No L 389 , 31 . 12 . 1987 , p . 1 .
 ---pagebreak---   No L 400 / 44                              Official Journal of the European Communities                                       31 . 12 . 87
      Order                                                                                                         Quota    Quota duty
                     CN code                                       Description                                     (tonnes )     (% )
       No
  09.1509            0709           Other vegetables , fresh or chilled:
                                    — Fruits of the genus Capsicum or of the genus Pimenta:
\                    0709 60 10     — — Sweet peppers                                                               1 200          4,5
  09.1511            0710           Vegetables (uncooked or cooked by steaming or boiling in water),
                                    frozen :
                                    — Leguminous vegetables, shelled or unshelled:
1                    0710 21 00     — — Peas (Pisum sativum)                                                         1 300       11,2
                    2 . From 1 February to 31 May 1988 the duty applicable to imports into the Community as
                    constituted on 31 December 1985 of the following products originating in Yugoslavia shall be
                    suspended at the level indicated and within the limits of a Community tariff quota as shown
                    below :
      Order                                                                                                          Quota    Quota duty
       No
                      CN code                                      Description                                     (tonnes)       (% )
  09.1507            0703           Onions , shallots, garlic, leeks and other alliaceous vegetables , fresh
                                    or chilled :
                  ex 0703 20 00     — Garlic :
                                        — From 1 February to 31 May                                                   300         8,7
  3.    If an importer gives notification of imminent imports                  concerned against their drawing as and when the goods are
  of one of the products in question into a Member State and                   entered with the customs authorities for free circulation .
  applies to take advantage of the corresponding quota, the
  Member State concerned shall inform the Commission and                       4.    The extent to which the quotas have been used up shall
  draw an amount corresponding to its requirements to the                      be determined on the basis of the imports charged in
  extent that the available balance of the quota so permits .                  accordance with paragraph 3 .
  4.    The shares drawn pursuant to paragraph 3 shall be
  valid until the end of the quota period .                                                                  Article 3
                                                                               At the request of the Commission, Member States shall
                              Article 2                                        inform it of imports actually charged against the quotas.
  1.    Member States shall take all appropriate measures to
  ensure that their drawings pursuant to Article 1 ( 3 ) enable                                              Article 4
  imports to be charged without interruption against their
  accumulated shares of the Community quotas .                                 Member States and the Commission shall cooperate closely
  2.    Member States shall ensure that importers of the                       to ensure that this Regulation is complied with .
  products concerned have free access to the quotas for such
  time as the residual balance of the quota volumes so
                                                                                                             Article 5
  permits.
  3.    Member States shall charge imports of the products                     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