CELEX: 31978R1436
Language: en
Date: 1978-06-26 00:00:00
Title: Council Regulation (EEC) No 1436/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for aubergines falling within subheading ex 07.01 T of the Common Customs Tariff, originating in Cyprus

No L 172/30                          Official Journal of the European Communities                                  28 . 6 . 78
                                    COUNCIL REGULATION (EEC) No 1436/78
                                                     of 26 June 1978
              opening, allocating and providing for the administration of a Community tariff quota for
                  aubergines falling within subheading ex 07. 01 . T of the Common Customs Tariff,
                                                  originating in Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        economic union may be carried out by any one of its
                                                                members,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                HAS ADOPTED THIS REGULATION :
thereof,
Having regard to the proposal from the Commission,                                       Article 1
                                                                 1 . From 1 October to 30 November 1978 , the Com­
Whereas a Protocol laying down certain provisions re­            mon Custom Tariff duty for aubergines falling within
lating to trade in agricultural products between the             subheading ex 07. 01 T of the Common Customs
European Economic Community and Cyprus was                       Tariff, originating in Cyprus, shall be partially sus­
signed on 11 May 1978 ; whereas this Protocol is to              pended at 6-4 % within the limits of a Community tariff
enter into force on 1 July 1978 ; whereas Article 2 of           qiiota of 300 tonnes .
this Protocol provided for the opening of a Community
tariff quota of 300 tonnes of aubergines falling within
subheading ex 07. 01 T of the Common Customs                     2 . The volume of the tariff quota referred to in para­
Tariff, originating in Cyprus, at a rate of customs duty         graph 1 shall constitute a reserve.
equal to 40 % of the customs duty in the Common
Customs Tariff, for the period 1 October to 30
                                                                 3 . If the need should arise for the products in question
November 1978 ; whereas it is necessary to open a
                                                                 in a Member State, the latter shall draw an appropriate
Community tariff quota of 300 tonnes for the products
                                                                 share from the reserve, providing that the size of the
and the period in question ;
                                                                 reserve so permits.
Whereas it is necessary in particular to ensure to all           4. The shares drawn pursuant to paragraph 3 shall be
Community importers equal and uninterrupted access               valid until 30 November 1978 .
to the abovementioned quota, and uninterrupted appli­
cation of the rates laid down for that quota to all im­
ports of the products concerned into all Member States
until the quota has been used up ; whereas, however,                                     Article 2
since the tariff quota involved is of a relatively low
volume and the period of application is very short, it           1 . Member States shall take all appropriate measures
seems possible to allocate the whole quota volume to             to ensure that shares drawn pursuant to Article 1 are
the Community reserve and to provide for the possibil­           opened in such a way that imports may be charged
ity of those Member States in which needs might arise            without interruption against their cumulative portions
drawing appropriate quantities from that reserve;                of the Community quota.
whereas the shares thus drawn from the reserve must be
valid until the end of the quota period; whereas this            2. Member States shall ensure that importers of the
method of management requires close cooperation                  said goods established in its territory have free access to
between the Member States and the Commission and                 the shares allocated to it .
the latter must in particular be able to monitor the rate
at which the quota is used up and inform the Member
States thereof;                                                  3 . Member States shall charge imports of the said
                                                                 goods against their shares as and when the goods are
                                                                 entered for home use.
Whereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of Luxem­
bourg are united within and jointly represented by the          4. The extent to which a Member State has used up its
Benelux Economic Union, all transactions concerning              share shall be determined on the basis of the imports
the administration of the shares allocated to that               charged in accordance with paragraph 3 .
 ---pagebreak--- 28 . 6 . 78                        Official Journal of the European Communities                            No L 172/31
                       Article 3                                                        Article 4
                                                              Member States and the Commission shall collaborate
                                                               closely in order to ensure that this Regulation is
                                                              observed.
At the request of the Commission, Member States shall
inform it of imports actually charged against their                                    Article 5
shares .                                                       This Regulation shall enter into force on 1 July 1978 .
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Luxembourg, 26 June 1978
                                                                                  For the Council
                                                                                   The President
                                                                                 K. B. ANDERSEN