CELEX: 31977R1181
Language: en
Date: 1977-05-17 00:00:00
Title: Council Regulation (EEC) No 1181/77 of 17 May 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 Turkey

9 . 6. 77                                 Official Journal of the European Communities                              No L 142/27
                                           COUNCIL REGULATION (EEC) No 1181 /77
                                                            of 17 May 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 Turkey
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              laid down for that quota to all imports of the product in
                                                                        question into the Member States until the quota has been
                                                                        used up ; whereas having regard to the above principles the
                                                                        Community nature of the quota can be respected by
  Having regard to the Treaty establishing the European                 allocating the tariff quota among the Member States;
  Economic Community, and in particular Articles 43 and                 whereas, to reflect most accurately the actual develop­
  113 thereof,                                                          ment of the market in the products in question, such allo­
                                                                        cation should be in proportion to the requirements of the
  Having regard to the proposal from the Commission,                    Member States, assessed by reference both to the statistics
                                                                        relating to imports from Turkey over a representative re­
  Having regard to the opinion of the European Parlia­                  ference period and to the economic outlook for the quota
  ment ( 1),                                                            period concerned;
  Whereas Article 13 of Council Regulation (EEC) No
  1180/77 of 17 May 1977 on imports into the Community                  Whereas, during the last three years for which statistics
  of certain agricultural products originating in Turkey (2 )           are available, the corresponding imports of each Member
  provides for the opening by the Community of an annual                State from Turkey have been negligible or non-existent;
  Community tariff quota of 90 tonnes for apricot pulp, fal­            whereas those data cannot therefore be considered as rep­
  ling within subheading ex 20.06 B II c) 1 aa) of the Com­             resentative to serve as a basis for allocation of the quota
  mon Customs Tariff, originating in Turkey ; whereas the               volume among the Member States; whereas it is difficult
  customs duties applicable within the limits of that tariff            to estimate imports by Member States for 1977 because of
  quota correspond to 70% of the customs duties actually                the absence of truly representative figures for previous
  applied in respect of non-member countries; whereas the               years ; whereas, consequently, the only solution seems to
  tariff quota in question should therefore be opened for the           be to allocate a large part of the quota volume to the
  abovementioned volume for the period 1 July 1977 to 30                 Community reserve and to allocate one seventh of the ba­
. June 1978 ; whereas, with regard to the new Member                    lance to the Benelux countries, Denmark, Germany,
  States, it should be noted that Article 2 of the Interim              France, Ireland, Italy and the United Kingdom;
  Agreement concluded pending the entry into force of the
  Additional Protocol signed at Ankara on 30 June 1973 (3 )
  lays down that the reductions in customs duties which are
                                                                        Whereas the initial shares may be used up fairly quickly;
  provided for pursuant to the Association Agreement shall
  be applicable in the new Member States, in accordance                 whereas, therefore, to avoid disruption of supplies any
                                                                        Member State which has almost used up its initial share,
  with the percentages and timetable laid down, upon the
  entry into force of that Agreement; whereas the rates to              shall draw a supplementary share from the Community
  which the new Member States shall apply those reduc­                  reserve; whereas this must be done by each Member State
  tions shall be those which they apply at any given moment             as each one of its supplementary shares is almost used up,
  to non-member countries;                                              and as many times as the reserve allows; whereas the ini­
                                                                        tial and supplementary shares must be valid until the end
                                                                        of the quota period; whereas this form of administration
   Whereas it is in particular necessary to guarantee all im­           requires close collaboration between the Member States
   porters of the Community equal and uninterrupted access              and the Commission, and the Commission must be in a
   to the quota and uninterrupted application of the rates              position to follow the extent to which the tariff quota has
                                                                        been used up and inform the Member States thereof;
   (») OJ No C 118 , 16 . 5 . 1977, p. 67.                              Whereas if, at a given date in the quota period, a consider­
   (2) See page 10 of this Official Journal.                            able quantity of a share remains in any Member State, it is
   (3 ) OJ No L 277, 3 . 10. 1973 , p. 2.                               essential that that State should return a significant propor­
 ---pagebreak--- No L 142/28                                 Official Journal of the European Communities                                     9 . 6 . 77
tion to the reserve in order to avoid part of the Com­                  ing the Commission, draw a second share equal to 15% of
munity quota remaining unused in one Member State                      its initial share, rounded up where necessary to the next
when it could be used in others;                                       unit, to the extent permitted by the amount of the reserve.
Whereas, since the Kingdom of Belgium, the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are                   2 . If, after its initial share has been used up, 90% or more
united in and represented by the Benelux Economic                       of the second share drawn by a Member State has been
Union, any measure concerning the administration of the                 used up, that Member State shall, in accordance with the
shares allocated to that economic union may be carried                  conditions imposed by paragraph 1 , draw a third share
out by any of its members,                                              equal to 7-5% of its initial share, rounded up where neces­
                                                                        sary to the next unit.
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 accordance with the
                              Article 1                                 same conditions, draw a fourth share equal to the third.
 1 . From 1 July 1977 until 30 June 1978 , a Community                  This process shall continue to apply until the reserve is
tariff quota of 90 tonnes shall be opened in the Com­                   used up.
munity for apricot pulp, falling within subheading ex
20.06 B II c) 1 aa) of the Common Customs Tariff,
originating in Turkey.                                                  4. By way of derogation from paragraphs 1 to 3 , a
                                                                        Member State may draw shares smaller than those fixed in
2 . Within the limits of this tariff quota, the Common                  those paragraphs if there are grounds for believing that
 Customs Tariff duty applicable to these products shall be              those fixed may not be used up. It shall inform the Com­
partially suspended at a rate of 11-9% .                                mission of its reasons for applying this paragraph.
3 . Within the limits of this tariff quota, the new Member
States shall apply duties calculated in accordance with the
relevant provisions of the Act of Accession, the Interim
                                                                                                     Article 4
Agreement and Regulation (EEC) No 11 80/77 .
                                                                        Supplementary shares drawn pursuant to Article 3 shall
                                                                        be valid until 30 June 1978 .
                              Article 2
 1.  A first instalment of 35 tonnes shall be allocated
 among the Member States; the respective shares of the
 Member States, which, subject to Article 5 , shall be valid                                        Article S
 from 1 July 1977 to 30 June 1978 , shall be as follows:
                                                                      The Member States shall return to the reserve, not later
      Benelux                                     5  tonnes,           than 1 April 1978 , the unused portion of their initial share
      Denmark                                     5  tonnes,          which, on 15 March 1978 , is in excess of 20% of the in­
      Germany                                     5  tonnes,           itial amount. They may return a larger quantity if there are
      France                                      5  tonnes,           reasons to believe that such quantity might not be used.
      Ireland                                     5  tonnes,
      Italy                                       5  tonnes,
      United Kingdom                              5 tonnes .
                                                                       Member States shall, not later than 1 April 1978 , notify
                                                                       the Commission of the total quantities of the said goods
                                                                       imported up to and including 15 March 1978 and charged
 2.  The second instalment of 55 tonnes shall be held as the
                                                                        against the Community tariff quota and any quantities of
 Community reserve.                                                    the initial shares returned to the reserve.
                              Article 3
 1.  If 90% or more of a Member State's initial share as                                             Article 6
 specified in Article 2 ( 1 ), or of that share minus the portion
 returned to the reserve where Article 5 is applied, has been          The Commission shall keep an account of the shares
 used up, that Member State shall without delay, by notify­            opened by the Member States pursuant to Articles 2 and 3
 ---pagebreak---  9. 6 . 77                              Official Journal of the European Communities                             No L 142/29
and shall, as soon as it has been notified, inform each State      3 . Member States shall charge imports of the said goods
of the extent to which the reserve has been used up.               against their shares as and when such goods are entered
                                                                   for home use.
It shall inform the Member States not later than 5 April
1978 , of the amount still in reserve after amounts have
                                                                   4 . The extent to which a Member State has used up its
been returned thereto pursuant to Article 5 .
                                                                   share shall be determined on the basis of imports charged
                                                                   in accordance with paragraph 3 .
It shall ensure that the drawing which uses up the reserve
is limited to the balance available and to this end shall                                   Article 8
specify the amount thereof to the Member State making
the last drawing.                                                  At the request of the Commission, Member States shall in­
                                                                   form it of imports of the products concerned actually
                                                                   charged against their shares.
                           Article 7
1 . Member States shall take all measures necessary to en­                                   Article 9
sure that supplementary shares drawn pursuant to Article
3 are opened in such a way that imports may be charged             Member States and the Commission shall cooperate
without interruption against their accumulated shares in           closely in order to ensure that this Regulation is observed.
the Community tariff quota.
2 . Member States shall ensure that importers of the said                                   Article 10
goods established in their territory have free access to the
shares allocated to them .                                         This Regulation shall enter into force on 1 July 1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, 17 May 1977.
                                                                                        For the Council
                                                                                         The President
                                                                                           J. SILKIN