CELEX: 31987R4084
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4084/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for frozen peas, falling within codes 0710 21 00 and ex 0710 29 00 of the combined nomenclature, and originating in Sweden (1988)

No L 382 /6                                  Official Journal of the European Communities                                  31 . 12 . 87
                                          COUNCIL REGULATION (EEC) No 4084/87
                                                          of 21 December 1987
                  opening, allocating and providing for the administration of a Community tariff quota for
                  frozen peas, falling within codes 0710 21 00 and ex 0710 29 00 of the combined
                                            nomenclature and originating in Sweden ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                States based on statistics of imports of the said products
                                                                        from Sweden during a representative reference period
                                                                        and on the economic outlook for the quota year in
Having regard to the Treaty establishing the European                   question ;
Economic Community, and in particular Article 113
thereof,
                                                                        Whereas during the last three years for which statistics
                                                                        are available, imports of peas, including chick peas, from
Having regard to the Act of Accession of Spain and                      Sweden into each of the Member States, other than
Portugal,                                                               Spain, were as follows :
                                                                                                                                 (tonnes)
Having regard to the proposal from the Commission,
                                                                                   Member State            1984     1985        1986
Whereas an Agreement between the European Economic
Community and the Kingdom of Sweden was concluded                       Benelux                                 0      20
                                                                                                                       42
                                                                                                                                     0
                                                                                                                                   273
                                                                        Denmark                              254
on 22 July 1972 ; whereas following the accession of                    Germany                            1 432    2 567       3 475
Spain and Portugal to the Community, an Agreement in                    Greece                                  0     272           91
the form of an Exchange of Letters has been concluded                   France                                  0        0           0
and approved by Council Decision 86/558 /EEC (');                       Ireland                                 0
                                                                                                                   14 879
                                                                                                                         0
                                                                                                                               14 643
                                                                                                                                     0
                                                                        Italy                             14 527
                                                                        Portugal                             282      ^ 0          262
                                                                        United Kingdom                       647    1 160       1 499
Whereas the said Agreement provides for the opening of
 a 6 000-tonne Community tariff quota at a reduced rate
 of duty for frozen peas originating in Sweden, 4 500
 tonnes of which are reserved for Spain ; whereas                                                         17 142   19 371      20 243
 therefore, the tariff quota in question should be opened
 for the period from 1 January to 31 December 1987 ;
                                                                        Whereas, during the years under consideration, the
 Whereas the Community has adopted, with effect from                     products in question were imported only by certain
  1 January 1988, a combined nomenclature for goods                      Member States and not at all by the other Member
 which meets the requirements of the Common Customs                      States ; whereas, under these circumstances, initial shares
 Tariff and the nomenclature of goods for the external                   should be allocated to the importing Member States and
 trade statistics of the Community and statistics of trade               the other Member States should be guaranteed access to
 between Member States ; whereas in order to accom­                      the tariff quota when notification is given of imports into
 modate specific Community measures this nomenclature                    those States of the products concerned ; whereas these
 has been expanded into an integrated tariff of the                      arrangements for allocation will also ensure the uniform
 European Communities (TARIC); whereas, from the                         application of the Common Customs Tariff;
 date given above, the combined nomenclature and,
  where appropriate, the TARIC code numbers should be
  used for the description of the products covered by this               Whereas in view of these factors, the initial percentage
  Regulation ;                                                           shares of the quota volume of the Member States other
                                                                         than Spain can be expressed approximately as follows :
  Whereas equal and continuous access to the quota                                  Benelux                            0,04
  should be ensured for all Community importers and the                             Denmark                            1,00
  rate laid down for the quota should be applied consist­                           Germany                           13,17
  ently to all imports until the quota is exhausted ; whereas,                      Greece                             0,64
  in the light of these principles, allocation of the tariff                        Italy                             77,61
  quota among the Member States would seem to preserve                              Portugal                           1,72
  the Community nature of the quota; whereas in order to                            United Kingdom                     5,82
  correspond as closely as possible to the real trend of the
  market for the product in question the allocation should
  reflect     the     requirements          of     the     Member        Whereas to allow for the trend of imports of the product
                                                                          concerned, the quota volume should be divided into two
                                                                          parts, the first being allocated among the Member States
   (l) OJ No L 328 , 22. 11 . 1986, p. 89 .                               and the second held as a reserve to cover any subsequent
 ---pagebreak--- 31 . 12 . 87                             Official Journal of the European Communities                                        No L 382 /7
requirements of Member States which have used up their               Whereas if at a given date in the quota period a
initial share ; whereas, to afford importers in each                 considerable quantity of a Member State's initial share
Member State some degree of certainty, the first part of             remains unused, it is essential that the Member State
the tariff quota should be set at a high level, which in             concerned should return a significant proportion thereof
this case could be 98 % of the quota volume;                         to the reserve in order to prevent part of the Community
                                                                     tariff quota from remaining unused in one Member State
Whereas the initial shares may be used up at different               when it could be used in others ;
rates ; whereas, in order to avoid any break in the
continuity of supplies on this account, it should be                 Whereas since the Kingdom of Belgium, the Kingdom of
provided that any Member State which has almost used                  the Netherlands and the Grand Duchy of Luxembourg
up its initial share should draw an additional share from             are united within and jointly represented by the Benelux
the reserve ; whereas, each time its additional share is              Economic Union, any operation concerning the adminis­
almost used up, a Member State should draw a further                  tration of the quota shares allocated to that economic
share and so on as many times as the reserve allows ;                 union may be carried out by any one of its members,
whereas the initial and additional shares must be valid
until the end of the quota period ; whereas this form of              HAS ADOPTED THIS REGULATION :
administration requires close cooperation between the
Member States and the Commission and the latter must
                                                                                                    Article 1
be able to monitor the extent to which the quota volume
has been used up and inform the Member States                          1 . From 1 January to 31 December 1988 the customs
accordingly;                                                          duty applicable to imports of the following products,
                                                                      originating in Sweden, shall be suspended at the level
                                                                      indicated and within the limits of a Community tariff
                                                                      quota as shown below :
                                                                                         Amount of quota              Rate of duty
    Order No          CN code                           Description                           (tonnes)                    (0/0)
    09.0613           0710 21 00      Frozen peas originating in Sweden                        6 000           4,5 in Spain
                   ex 0710 29 00                                                                               6 in the other Member
                                                                                                               States
 2. The Protocol on the definition of the concept of                   not covered by the initial allocation and applies to take
 originating products and on methods of administrative                 advantage of the quota, the Member State concerned
 cooperation, annexed to the Agreement between the                     shall inform the Commission and draw an amount corre­
 European Economic Community and Sweden shall be                       sponding to its requirements to the extent that the
 applicable.                                                           available balance of the reserve so permits.
                            Article 2
                                                                                                     Article 3
 1 . The tariff quota referred to in Article 1 ( 1 ) shall be
 divided into two parts.                                               1.     If a Member State has used 90 % or more of its
                                                                       initial share, as specified in Article 2 (2), or of that share
 2. The first part of this quota shall be allocated among              less any portion returned to the reserve pursuant to
 certain Member States ; the respective shares, which,                 Article 5, it shall forthwith, by notifying the Commission
 subject to Article 5, shall be valid until 31 December                and to the extent that the reserve so permits, draw a
 1988 , shall be as follows :                                          second share equal to 10 % of its initial share, rounded
                                           (in tonnes)                 up where necessary to the next whole number.
             Benelux                                1
             Denmark                               14
             Germany                              184                  2.     If, after its initial quota share has been used up, a
             Greece                                 9                  Member State has used 90 % or more of its second share
             Spain                             4 500                   as well, it shall forthwith using the procedure provided
             Italy                              1 087                  for in paragraph 1 , draw a third share equal to 5 % of
             Portugal                              24                  the initial share, rounded up where necessary to the next
                                                                       whole number.
             United Kingdom                        81 .
 3.     The second part of the quota amounting to 100
 tonnes shall constitute the reserve.                                  3.     If, after its second share has been used up, a
                                                                       Member State has used 90 % or more of its third share,
 4.     If an importer gives notification of imminent                  it shall, using the procedure provided for in paragraph 1 ,
 imports of the products in question into a Member State               draw a fourth share equal to the third.
 ---pagebreak--- No L 382 / 8                          Official Journal of the European Communities                               31 . 12 . 87
This process shall continue until the reserve is used up.        It shall ensure that the drawing which exhausts the
                                                                 reserve does not exceed the balance available, and to this
4. By way of derogation from paragraphs 1 , 2 and 3,             end notify the amount of that balance to the Member
Member States may draw smaller shares than those                 State making the final drawing.
specified in the said paragraphs if there is reason to
believe that they might not be used in full. Member                                        Article 7
States shall inform the Commission of their reasons for
                                                                 1.    Member States shall take all appropriate measures
applying this paragraph.                                         to ensure that additional drawings of shares pursuant to
                           Article 4
                                                                 Article 3 enable imports to be charged without inter­
                                                                 ruption against their accumulated share of the
Additional shares drawn pursuant to Article 3 shall be           Community tariff quota.
valid until 31 December 1988 .
                                                                 2.    Member States shall ensure that importers of the
                           Article 5
                                                                 product concerned have free access to the quota shares
                                                                 allocated to them .
By 1 October 1988 at the latest Member States must               3 . Member States shall charge imports of the product
return to the reserve the unused portion of their initial        concerned against their shares as and when the goods
share which, on 15 September 1988 is in excess of 20 %           are entered with the customs authorities for free circu­
of the initial volume. They may return a greater portion         lation .
if there is reason to believe that it might not be used.
                                                                 4 . The extent to which a Member State has used up
By 1 October 1988 at the latest Member States must               its shares shall be determined on the basis of the imports
notify the Commission of the total quantities of the             charged in accordance with paragraph 3 .
product concerned imported on or before 15 September
1988 and charged against the Community quota and of                                        Article 8
any portion of their initial share that they are returning
to the reserve .                                                 At the request of the Commission, Member States shall
                                                                 inform it of imports actually charged against their quota
                           Article 6                             shares .
The Commission shall keep account of the shares drawn                                      Article 9
by Member States pursuant to Articles 2 and 3 and shall
inform each Member State of the extent to which the              The Member States and the Commission shall cooperate
reserve has been used up as soon as it has been notified.         closely to ensure that this Regulation is complied with.
It shall inform the Member States not later than                                          Article 10
5 October 1988 of the state of the reserve following any
return of quota shares pursuant to Article 5 .                   This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 21 December 1987 .
                                                                                      For the Council
                                                                                        The President
                                                                                       B. HAARDER