CELEX: 31977R2822
Language: en
Date: 1977-11-28
Title: Council Regulation (EEC) No 2822/77 of 28 November 1977 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 (1978)

No L 331 /36                         Official Journal of the European Communities                             23 . 12. 77
                                    COUNCIL REGULATION (EEC) No 2822/77
                                                  of 28 November 1977
              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 (1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       to the economic outlook for the quota period con­
                                                                cerned ;
Having regard to the Treaty establishing the Euro­              Whereas, during the last three years for which stat­
pean Economic Community, and in particular                      istics are available, the corresponding imports of each
Articles 43 and 113 thereof,
                                                                Member State represent the following percentages of
                                                                imports into the Community from Morocco of the
                                                                products concerned :
Having regard to the proposal from the Commission,
                                                                        Member States         1974     1975       1976
Having regard to the opinion of the European Parlia­            Benelux                        0-8      0-6       11-6
ment (*),
                                                                Denmark                        0-3      —          —
                                                                Germany                       45-5      —
                                                                                                                   0-9
Whereas the Cooperation Agreement between the                   France                        51-3     91-3       87-5
European Economic Community and the Kingdom of                  Ireland                        —        —          —
Morocco, signed on 27 April 1976, provides for the
opening by the Community of an annual Community                 Italy                          0-5      2-1        —
tariff quota of 8 250 tonnes of apricot pulp falling            United Kingdom                 1 -6     6· 0       —
within subheading ex 20.06 B II c) 1 aa) of the Com­
mon Customs Tariff, originating in Morocco ; where­
as the customs duties applicable to the quota are
equal to 70 % of the customs duties actually applied            Whereas, both these percentages and the estimates
to non-member countries ; whereas the Community                 from certain Member States should be taken into
tariff quota in question should therefore be opened              account as well as the need to ensure that, in the
for 1978 ;                                                      circumstances, the obligations contracted under the
                                                                Agreement concerned are allocated fairly among all
                                                                the Member States ; whereas the approximate per­
Whereas it is, in particular, necessary to ensure equal         centages of the initial quota shares may therefore be
and uninterrupted access for all importers in the               fixed as follows :
Member States to the quota and uninterrupted appli­
cation of the rate laid down for that quota to all im­                   Benelux                         10 %
ports of the product in question into all Member                         Denmark                          3 %
States until the said quota has been used up ; whereas
having regard to the above principles the Community                      Germany                        29 %
nature of the quota can be respected by allocating the                   France                         41 %
tariff quota among the Member States ; whereas, to
reflect most accurately the actual development of the                    Ireland                          2 %
market in the products in question, such allocation
should be in proportion to the requirements of the                       Italy                            5%
Member States, assessed by reference both to the sta­                    United Kingdom                  10 % ;
tistics relating to imports of the said product from
Morocco over a representative reference period and
                                                                 Whereas, in order to take account of future trends in
                                                                 imports into the various Member States of the pro­
                                                                 ducts concerned, the quota should be divided into two
 (*) Opinion delivered on 18 November 1977 (not yet              instalments, the first to be allocated among all the
     published in the Official Journal).                         Member States and the second to form a reserve in­
 ---pagebreak---  23 . 12. 77                        Official Journal of the European Communities                              No L 331 /37
 tended to cover any subsequent requirements of                                            Article 2
 Member States which have used up their initial
 shares ; whereas, in order to ensure a certain degree          1.     A first instalment of 5 440 tonnes of the Com­
 of security for importers in each Member State, the
                                                                munity tariff quota referred to in Article 1 , shall be
 first instalment of the Community tariff quota should
                                                                allocated among the Member States ; the shares,
 be set at 66 % of the quota ;                                  which subject to Article 5 shall be valid until 31 De­
                                                                cember 1978 , shall be as follows :
 Whereas Member States may use up their initial
                                                                         Benelux                         560 tonnes ,
 shares at different rates ; whereas, to provide for this
 eventuality and to avoid disruption of supplies, any                    Denmark                         160 tonnes,
 Member State which has almost used up its initial
 share should draw an additional share from the re­                      Germany                       1 560 tonnes,
 serve ; whereas this should be done by each Member                      France
 State when each of its additional shares has been al­
                                                                                                      2 200 tonnes,
 most used up, and so on as many times as the reserve                    Ireland                         120 tonnes,
 allows ; whereas the initial and additional shares
 should be valid until the end of the quota period;                      Italy                           280 tonnes,
 whereas this form of administration requires close                      United Kingdom                  560 tonnes .
 cooperation between Member States and the Com­
 mission, and the Commission must be in a position to
 keep a record of the extent to which the quota has            2.     The second instalment of 2 810 tonnes shall con­
been used up and to inform the Member States ac­               stitute the reserve.
 cordingly ;
 Whereas if, at a given date in the quota period, a con­                                   Article 3
siderable quantity of a Member State's initial share
remains unused, it is essential that that Member State         1 . If 90 % or more of any Member State's initial
 should return a significant proportion to the reserve         share as fixed in Article 2 ( 1 ), or 90 % of that share
so as to prevent a part of the quota from remaining            less any portion returned to the reserve where Article
unused in one Member States when it could be used
                                                               5 has been applied, has been used up, that Member
in others ;                                                    State shall forthwith, by notifying the Commission,
                                                               draw a second share equal to 15 % of its initial
                                                               share, rounded up where necessary to the next whole
Whereas, since the Kingdom of Belgium, the King­               number, to the extent that the reseerve so permits.
dom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represent­
ed by the Benelux Econoinic Union, any measure                 2.     If after its initial share has been used up, 90 %
concerning the administration of the shares allocated          or more of the second share drawn by a Member
to that economic union may be carried out by any               State has been used up, that Member State shall, in
one of its members,                                            accordance with the conditions laid down in para­
                                                               graph 1 , draw a third share equal to 7-5 % of its
                                                               initial share.
HAS ADOPTED THIS REGULATION :
                                                               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
                        Article 1                             accordance with the same conditions, draw a fourth
                                                               share equal to the third.
1 . For the period 1 January to 31 December 1978 ,            This procedure shall apply until the reserve is used
a Community tariff quota a 8 250 tonnes shall be
                                                              up .
opened in the Community for apricot pulp falling
within subheading ex 20.06 B II c) 1 aa) of the Com­
mon Customs Tariff, originating in Morocco.                   4.     Notwithstanding paragraphs 1 , 2 and 3 , Mem­
                                                              ber States may draw smaller shares than those speci­
                                                              fied therein if there are grounds for believing that
2.     Within the limits of this tariff quota the Com­        those specified may not be used in full. They shall
mon Customs Tariff duty applicable to these                   inform the Commission of their reasons for applying
products shall be suspended at a rate of 11-9 %               this paragraph .
 ---pagebreak--- No L 331 /38                       Official Journal of the European Communities                             23 . 12. 77
                         Article 4                                                     Article 7
Additional shares drawn pursuant to Article 3 shall           1.    Member States shall take all appropriate meas­
be valid until 31 December 1978 .                             ures to ensure that additional shares drawn pursuant
                                                              to Article 3 are opened in such a way that imports
                                                              may be charged without interruption against their
                         Article 5                            aggregate shares of the Community quota .
Member States shall return to the reserve, not later          2. Member States shall ensure that importers of
than 1 October 1978 , the unused portions of their            the products in question established in their territory
initial shares which, on 15 September 1978 , are in ex­       have free access to the shares allocated to them.
cess of 20 % of the initial amounts. They may return
a greater portion if there are grounds for believing          3 . Member States shall charge imports of the said
that such portions may not be used in full.                   products against their shares as and when the
                                                              products in question are entered with customs
Member States shall notify the Commission, not later          authorities for home use.
than 1 October 1978 , of the total quantity of the
product in question imported up to and including 15           4.     The extent to which a Member State has used
September 1978 and charged against the Community              up its share shall be determined on the basis of the
quota and of any portion of their initial shares re­          imports charged in accordance with paragraph 3 .
 turned to the reserve.
                                                                                       Article 8
                         Article 6
                                                               At the Commission's request, Member States shall in­
 The Commission shall keep account of the shares               form it of the imports actually charged against their
 opened by the Member States pursuant to Articles 2            shares .
 and 3 and, as soon as it has been notified, shall in­
 form each Member State of the extent to which the
 reserve ha^ been used up.                                                             Article 9
 It shall inform the Member States, not later than             The     Member   States  and the     Commission     shall
 5 October 1978 , of the state of the reserve after            cooperate closely to ensure that this Regulation is
 amounts have been returned thereto pursuant to                complied with.
 Article 5 .
                                                                                       Article 10
 Its shall ensure that the drawing which exhausts the
 reserve does not exceed the balance available and to
 this end shall specify the amount thereof to the Mem­         This Regulation shall enter into force on 1 January
 ber State making the final drawing.                            1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 November 1977.
                                                                                           For the Council
                                                                                            The President
                                                                                             L. OUTERS