CELEX: 31976R3048
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3048/76 of 9 December 1976 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, originating in Morocco (1977)

No L 350/84                           Official Journal of the European Communities                             20. 12. 76
                                      COUNCIL REGULATION (EEC) No 3048/76
                                                    of 9 December 1976
              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, originating in Morocco (1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          imports of the product in question into all Member
                                                                  States until the said quota has been used up ; whereas
                                                                  having regard to the above principles the Community
                                                                  nature of the quota can be respected by allocating
Having regard to the Treaty establishing the Euro­                the tariff quota among the Member States; whereas,
pean Economic Community, and in particular                        to reflect most accurately the actual development
Articles 43 and 113 thereof,                                      of the market in the products in question, such
                                                                  allocation should be in proportion to the require­
                                                                  ments of the Member States, assessed by reference
Having regard to the proposal from the Commission,                both to the statistics relating to imports of the said
                                                                  product from Morocco over a representative refer­
                                                                  ence period and to the economic outlook for the
Having regard to the opinion of the European                      quota period concerned;
Parliament (*),
                                                                  Whereas, during the last three years for which stat­
Whereas the Interim Agreement between the Euro­                   istics are available, the corresponding imports of each
pean Economic Community and the Kingdom of                        Member State represent the following percentages of
Morocco (*), signed on 27 April 1976, provides in                 imports into the Community from Morocco of the
Article 15, for the opening by the Community of an                products concerned :
annual Community tariff quota of 8 250 metric tons
of apricot pulp falling within subheading ex 20.06 B
II c) 1 aa) of the Common Customs Tariff, originating                                           1973     1974      1975
in Morocco; whereas the customs duties applicable
to the quota are equal to 70% of the customs duties
actually applied to non-member countries; whereas                 Benelux                        0-7      0-8       0-6
the Community tariff quota in question should there­              Denmark                        0 -6     0-3       —
fore be opened for 1977; whereas, however, the
Agreement expires on 30 June 1977; whereas the                    Germany                       46-2     45-5       —
Community intends to maintain its trading relations               France                        50-7     51-3      91-3
with that country; whereas the provisions governing
the second part of 1977 should not be less favourable             Ireland                        —        —         —
than those laid down for the first; whereas in order              Italy                          —
                                                                                                          0-5       2-1
not to disrupt trading patterns for the products in
question, the Commmunity tariff quota should be                   United Kingdom                 1-8      1-6       6-0
opened for the whole of 1977;
Whereas it is, in particular, necessary to ensure equal
and uninterrupted access for all importers in the
Member States to the quota and uninterrupted ap­                  Whereas, both these percentages and the estimates
plication of the rate laid down for that quota to all             from certain Member States should be taken into
                                                                  account as well as the need to ensure chat, in the
                                                                  circumstances, the obligations contracted under the
                                                                  Agreement concerned are allocated fairly among all
                                                                  the Member States; whereas the approximate
(») OJ No C 259, 4. 11 . 1976, p. 37.                             percentages of the initial quota shares may therefore
(*) OJ No L 141, 28. 5. 1976, p. 98.                              be fixed as follows :
 ---pagebreak--- 20. 12. 76                         Official Journal of the European Communities                           No L 350/85
        Benelux                                 3             HAS ADOPTED THIS REGULATION :
        Denmark                                 3
        Germany                               36                                       Article 1
        France                                41
        Ireland                                 2                  From * January until 31 December 1977, a Com­
                                                              munity tariff quota of 8 250 metric tons shall be
        ItalY                                   5             opened in the Community for apricot pulp falling
        United Kingdom                         10             within subheading ex 20.06 B II c) 1 aa) of the
                                                              Common Customs Tariff, originating in Morocco.
                                                              2. Within the limits of this tariff quota the Common
Whereas, in order to take account of future trends            Customs Tariff duty applicable to these products
in imports into the various Member States of the              shall be suspended at a rate of 11*9% .
product concerned, the quota should be divided into
two instalments, the first instalment being allocated         3 . Within the limits of this tariff quota the new
among all the Member States and the second forming            Member States shall apply duties calculated in ac­
a reserve intended to cover any subsequent require­           cordance with the Interim Agreement between the
ments of Member States which have used up their               Community and Morocco and the Aot of Accession.
initial shares ; whereas, in order to ensure a certain
degree of security for importers in each Member
State, the first instalment of the Community tariff
quota should be set at 66 % of the quota ;                                             Article 2
                                                              1 . A first instalment, amounting to 5 440 metric
Whereas Member States may use up their initial                tons of the Community tariff quota referred to in
shares at different rates ; whereas, to provide for this      Article 1 , shall be allocated among the Member
eventuality and to avoid disruption of supplies, any          States ; the shares, which subject to Article 5 shall be
Member State which has almost used up its initial             valid until 31 December 1977, shall be as follows :
share should draw an additional share from the
reserve ; whereas this should be done by each                          Benelux                  160 metric tons,
Member State when each of its additional shares has                    Denmark                  160 metric tons,
been almost used up, and so on as many times as the                    Germany                1 960 metric tons,
reserve allows; whereas the initial and additional                     France                 2 200 metric tons,
shares should be valid until the end of the quota                      Ireland
period ; whereas this form of administration requires                                           120 metric tons,
close collaboration between Member States and the                      Italy                    280 metric tons,
Commission, and the Commission must be in a posi­                      United Kingdom           560 metric tons.
tion to keep a record of the extent to which the
quota has been used up and to inform the Member
States accordingly ;                                          2. The second instalment of 2 810 metric tons shall
                                                              constitute the reserve.
Whereas if, at a given date in the quota period,                                       Article 3
a considerable quantity of a Member State's initial
share remains unused, it is essential that that Member
State should return a significant proportion to the            1 . If 90% or more of any Member State's initial
reserve so as to prevent a part of the quota from             share as fixed in Article 2 ( 1 ), or 90% of that share
remaining unused in one Member State when it could            less any portion returned to the reserve, where
be used in others ;                                           Article 5 has been applied, has been used up that
                                                              Member State shall forthwith, by notifying the Com­
                                                              mission, draw a second share equal to 15% of its
                                                              initial share, rounded up where necessary to the next
Whereas, since the Kingdom of Belgium, the Kingdom            whole number, to the extent that the reserve so
 of the Netherlands and the Grand Duchy of Luxem­             permits.
bourg are united in and represented by the Benelux
Economic Union, any measure concerning the admin­             2. If after its initial share has been used up, 90% or
istration of the quota shares allocated to that econ­          more of the second share drawn by a Member State
 omic union may be carried out by any of its members,         has been used up, that Member State shall, in accord­
 ---pagebreak--- No L 350/86                         Official Journal of the European Communities                             20. 12. 76
ance with the conditions laid down in paragraph 1 ,            It shall inform the Member States, not later than
draw a third share equal to 7-5 % of its initial share.        5 October 1977, of the state of the reserve after
                                                               amounts have been returned thereto pursuant to
                                                               Article 5 .
3. If after its second share has been used up, 90% or
more of the third share drawn by a Member State                It shall ensure that the drawing which exhausts the
has been used up, that Member State shall, in ac­              reserve does not exceed the balance available and
cordance with the same conditions, draw a fourth               to this end shall specify the amount thereof to the
share equal to the third.                                      Member State making the final drawing.
This procedure shall apply until the reserve is used
up.
                                                                                       Article 7
4. Notwithstanding paragraphs 1 , 2 and 3, Member
States may draw smaller shares than those specified            1 . Member States shall take all appropriate measures
therein if there are grounds for believing that those          to ensure that additional shares drawn pursuant to
specified may not be used in full. They shall inform           Article 3 are opened in such a way that imports may
the Commission of their reasons for applying this              be charged without interruption against their aggre­
paragraph.                                                     gate shares of the Community quota.
                                                               2. Member States shall ensure that importers of the
                        Article 4                              products in question established in their territory
                                                               have free access to the shares allocated to them .
Each of the additional shares drawn pursuant to
Article 3 shall be valid until 31 December 1977.               3 . Member States shall charge imports of the said
                                                               products against their shares as and when the prod­
                                                               uct in question is entered for home use.
                         Article 5                             4. The extent to which a Member State has used
                                                               up its share shall be determined on the basis of the
                                                               imports charged in accordance with paragraph 3.
Member States shall return to the reserve, not later
than 1 October 1977, the unused portions of their
initial shares which, on 15 September 1977, are in
excess of 20% of the initial amounts. They may                                         Article 8
return a greater portion if there are grounds for
believing that such portions may not be used in full.
                                                               At the Commission's request, Member States shall
                                                               inform it of the imports actually charged against
Member States shall notify the Commission, not later           their shares.
than 1 October 1977, of the total quantity of the
product in question imported up to and including
15 September 1977 and charged against the Com­
munity quota and of any portion of their initial                                       Article 9
shares returned to the reserve.
                                                               The Member States and the Commission shall co­
                                                               operate closely to ensure that this Regulation is
                                                               complied with.
                        Article 6
The Commission shall keep account of the shares                                       Article 10
opened by the Member States pursuant to Articles
2 and 3 and, as soon as it has been notified, shall
inform each Member State of the extent to which                This Regulation shall enter into force on 1 January
the reserve has been used up.                                  1977,
 ---pagebreak--- 20. 12 . 76                      Official Journal of the European Communities                      No L 350/87
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 9 December 1976.
                                                                           For the Council
                                                                             The President
                                                                           P. J. J. MERTENS