CELEX: 31978R2459
Language: en
Date: 1978-10-16
Title: Council Regulation (EEC) No 2459/78 of 16 October 1978 opening, allocating and providing for the administration of a Community tariff quota for fresh or chilled tomatoes falling within subheading ex 07.01 M I of the Common Customs Tariff, originating in the African, Caribbean and Pacific States and in the overseas countries and territories (1978/79)

21 . 10 . 78                         Official Journal of the European Communities                         No L 296/ 11
                                     COUNCIL REGULATION (EEC) No 2459/78
                                                    of 16 October 1978
               opening, allocating and providing for the administration of a Community tariff
               quota for fresh or chilled tomatoes falling within subheading ex 07.01 M I of the
                Common Customs Tariff, originating in the African, Caribbean and Pacific
                            States and in the overseas countries , and territories ( 1978/79)
THE COUNCIL OF THE EUROPEAN                                     available and no reliable estimates of future imports
 COMMUNITIES,                                                   can be made ; whereas, in these circumstances, the
                                                                quota volume should be allocated in initial shares,
Having regard to the Treaty establishing the European           which take into account demand for these products
                                                                on the markets of the various Member States :
Economic Community, and in particular Articles 43
and 113 thereof, -
Having regard to the proposal from the Commission,
                                                                whereas, to take into account import trends for the
Having regard to the opinion of the European Parlia­            products concerned in the various Member States, the
 ment (x),                                                      quota amount should be divided into two instalments,
                                                                the first being allocated among the Member States and
                                                                the second held as a reserve intended to cover at a
Whereas Article 1 of Council Regulation (EEC) No                later date the requirements of Member States who
430/78 (2) provides for the opening by the Commu­               have used up their initial share ; whereas, in order to
 nity of a Community tariff quota of 1 000 tonnes of            guarantee some degree of security to importers in
 fresh or chilled tomatoes falling within subheading ex         each Member State, the first instalment of the
07.01 M I of the Common Customs Tariff, originating             Community quotas should be fixed at a level which
in the African, Caribbean and Pacific States and in the         could, in the present circumstances, be 60 % of the
overseas countries and territories ; whereas the quota          quota volume ;
 period runs from 15 November 1978 to 15 April
 1979 ; whereas the customs duty applicable to the
quota is set at 4-4 % , with a minimum charge of two
units of account per 100 kilograms net weight ;
whereas the Community tariff quota in question                  Whereas the initial shares of the Member States may
should therefore be opened ;                                    not be used up at the same rate ; whereas, in order to
                                                                take this into ' account and to avoid disruption, any
Whereas it is necessary in particular to ensure to all          Member State which has used up almost the whole of
Community importers equal and uninterrupted access              its initial share should draw a supplementary share
to the abovementioned quota and uninterrupted appli­            from the reserve ; whereas this should be done by
cation of the rate laid down for that quota to all              each Member State each time one of its supplemen­
imports of the products in question into all Member             tary shares is almost used up, and so on as many times
States until the quota has been used up ; whereas               as   the   reserve  allows ; whereas the     initial and
having regard to the above principles the Community             supplementary shares should be valid until the end of
nature of the quota can be respected by allocating the          the quota period ; whereas this form of administration
tariff quota among the Member States ; whereas, to              requires close collaboration between the Member
reflect most accurately the actual development of the           States and the Commission, and the Commission
market in the products in question, such allocation             must be in a position to follow the extent to which
should be in proportion to the requirements of the              the quota volume has been used up and inform the
Member States, assessed by reference both to the statis­        Member States thereof ;
tics relating to imports of the said products from the
countries in question over a representative reference
period and to the economic outlook for the quota
period concerned ;
                                                                Whereas, if at a given date in the quota period a
Whereas in this case, however, neither Community                Member State has a considerable quantity of its initial
                                                                share left over, it is essential that it should return a
nor national statistics for the products in question are
                                                                significant proportion thereof to the reserve, to
(') Opinion delivered on 13 October 1978 (not yet published     prevent a part of the Community quota remaining
    in the Official Journal).                                   unused in one Member State when it could be used in
(2) OJ No L 59, 1 . 3. 1978, p. 48 .                            others ;
 ---pagebreak---  No L 296/ 12                       Official Journal of the European Communities                            21 . 10 . 78
 Whereas, since the Kingdom of Belgium, the                    Member State has been used, that Member State shall,
 Kingdom of the Netherlands and the Grand Duchy of             in accordance with the conditions laid down in para­
 Luxembourg are united within and jointly represented          graph 1 , draw a third share, equal to 7-5 % of its
 by the Benelux Economic Union, all transactions               initial share.
 concerning the administration of shares allocated to
 that economic union may be carried out by any one             3.     If, after its second share has been exhausted,
 of its members,                                               90 % or more of the third share drawn by a Member
                                                               State has been used, that Member State shall, in accor­
                                                               dance with the same conditions, draw a fourth share
                                                               equal to the third.
 HAS ADOPTED THIS REGULATION :
                                                               This process shall be applied until the reserve is
                                                               exhausted .
                          Article 1
 1 . For the period 15 November 1978 to 15 April               4.     By way of derogation from paragraphs 1 , 2 and
 1979 a Community tariff quota of 1 000 tonnes shall           3, Member States may draw smaller shares than those
 be opened in the Community for fresh or chilled               fixed in those paragraphs if there is reason to believe
 tomatoes falling within subheading ex 07.01 M I of            that those shares might not be used up. They shall
 the Common Customs Tariff, originating in the                 inform the Commission of their reasons for applying
African, Caribbean and Pacific States and in the over­         this paragraph.
seas countries and territories.
                                                                                        Article 4
 2. Within this tariff quota the Common Customs
Tariff duty applicable to the products shall be
suspended at 4-4 % with a minimum charge of two               Additional shares drawn pursuant to Article 3 shall be
units of account per 100 kilograms net weight.                valid until 15 April 1979.
                          Article 2                                                     Article 5
 1.    A first instalment of 600 tonnes of the Commu­         The Member States shall, not later than 1 March 1979,
nity tariff quota referred to in Article 1 shall be allo­      return to the reserve the unused portion of their initial
cated among the Member States ; the shares which,             shares which, on 15 February 1979, is in excess of
subject to Article 5, shall be valid until 15 April 1979,     20 % of the initial amount. They may return a greater
shall be as follows (in tonnes) :                             portion if there are grounds for believing that such
          Benelux :                             50
                                                              portion may not be used in full.
          Denmark :                             30
                                                              The Member States shall, not later than 1 March 1979,
          Germany :                             50
          France :                             380            notify the Commission of the total imports of the
          Ireland :                             30            products concerned effected under the Community
          Italy :                               30            quota up to 15 February 1979 inclusive, and, where
          United Kingdom :                      30            appropriate, the proportion of their initial shares that
                                                              they are . returning to the reserve.
2.     A second instalment of 400 tonnes shall consti­
tute the reserve .
                                                                                        Article 6
                          Article 3                           The Commission shall keep account of the shares
                                                              opened by the Member States in accordance with Arti­
1 . If 90 % or more of any Member State's initial             cles 2 and 3 and shall inform each of them of the
share as laid down in Article 2 ( 1 ), or 90 % of that        extent to which the reserve has been used as soon as it
share less the amount returned into the reserve, where        receives the notifications.
Article 5 has been applied, has been exhausted, that
Member State shall without delay, by notifying the            The Commission shall, not later, than 5 March 1979,
Commission, draw a second share in the quota equal            notify the Member States of the state of the reserve
to 15% of its initial share, rounded up to the next           after the return of shares pursuant to Article 5.
unit, where appropriate, to the extent that the amount
in the reserve allows .                                       The Commission shall ensure that any drawing which
                                                              uses up the reserve is limited to the balance available
2.     If, after its initial share has been exhausted,        and, for this purpose, shall specify the amount thereof
90 % or more of the second share drawn by a                   to the Member State which makes the final drawing.
 ---pagebreak--- 21 . 10 . 78                      Official Journal of the European Communities                         No L 296/ 13
                       Article 7                                                      Article 9
1.    The Member States shall take all measures neces­       The Member States and the Commission shall co­
sary to ensure that supplementary shares drawn               operate closely in order to ensure that this Regulation
pursuant to Article 3 are opened in such a way that          is observed .
changes may be made without interruption against
their accumulative shares of the Community quota.                                    Article 10
2. Member States shall ensure that importers of the
said products established in their territory have free       The rules of origin applicable to the products
access to the shares allocated to them .                     imported under this Regulation shall be, respectively,
                                                             those of Protocol 1 annexed to the ACP-EEC Conven­
3. The Member States shall charge imports of the             tion of Lome concerning the definition of the concept
said goods against their shares as and when the goods        of 'originating products' and the methods of adminis­
are entered with customs authorities for home use.           trative cooperation, and those of Annex II to Council
4.    The extent to which a Member State has used up         Decision 76/568/EEC of 29 June 1976 on the associa­
                                                             tion of the overseas countries and territories with the
its share shall be determined on the basis of the
imports charged in accordance with paragraph 3 .             European Economic Community (1).
                       Article 8                                                     Article 11
                                                                           v
At the request of the Commission, Member States'             This Regulation shall enter into force on the third day
shall inform it of imports actually charged against v        following its publication in the Official Journal of
their shares.                                                the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Luxembourg, 16 October 1978 .
                                                                         For the Council
                                                                            The President
                                                                       K. von DOHNANYI
                                                             0) OJ No L 176, 1 . 7. 1976, p. 8.