CELEX: 31978R1432
Language: en
Date: 1978-06-26
Title: Council Regulation (EEC) No 1432/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff, originating in Cyprus

28 . 6 . 78                            Official Journal of the European Communities                            No L 172/ 17
                                      COUNCIL REGULATION (EEC) No 1432/78
                                                       of 26 June 1978
                opening, allocating and providing for the administration of a Community tariff quota for
                     sweet peppers falling within subheading 07.01 S of the Common Customs Tariff,
                                                    originating in Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          ture imports can be made; whereas, in these circum­
                                                                  stances , the quota volumes should be allocated in initial
                                                                  shares, taking into account demand for these products
                                                                  on the markets of the various Member States ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                           Whereas, in order to take into account import trends
                                                                   for the products concerned in the different Member
                                                                   States, the quota amount should be divided into two
                                                                   tranches, the first tranche being allocated among the
Having regard to the proposal from the Commission,                 Member States and the second forming a reserve in­
                                                                   tended ultimately to cover the requirements of the
                                                                   Member States which have used up their initial quota
Whereas a Protocol laying down certain provisions re­              shares ; whereas, in order to ensure a certain degree of
lating to trade in agricultural products between the               security to importers in each Member State, the first
European Economic Community and Cyprus was                         tranche of the Community quota should be determined
signed on 11 May 1978 ; whereas this Protocol is to                at a level which, under present circumstances, may be
enter into force on 1 July 1978 ; whereas Article 2 of             86% of the quota amount;
this Protocol provides for the opening of an annual
Community tariff quota of 300 tonnes of sweet peppers
falling within subheading 07.01 S of the Common                    Whereas the initial shares of the Member States may be
Customs Tariff, originating in Cyprus, at a rate of cus­           used up at different times ; whereas, in order to take this
toms duty equal to 50% of the customs duty in the                  fact into account and avoid any break in continuity, it is
Common Customs Tariff; whereas the pro rata tem­                   important that any Member State having used up
 poris clause is applicable; whereas under these circum­           almost the whole of its initial shares should draw an
 stances it is necessary to open a Community tariff quota          additional share from the reserve; whereas this must be
 of 150 tonnes for the period 1 July to 31 December                done by each Member State as and when each of its
 1978 ;                                                            additional shares is almost entirely used up, and re­
                                                                   peated as many times as the reserve allows ; whereas the
                                                                   initial and additional shares must be available for use
                                                                   until the end of the quota period; whereas this method
 Whereas it is in particular necessary to ensure for all           of administration calls for close cooperation between
 Community importers equal and uninterrupted access                Member States and the Commission, which must, in
 to the abovementioned quota and uninterrupted appli­              particular, be able to observe the extent to which the
 cation of the rates laid down for that quota to all im­           quota amount is used and inform Member States
 ports of the products concerned into all Member States            thereof:
 until the quota has been used up ; whereas, having re­
 gard to the principles mentioned above, the Community
 nature of the quota can be respected by allocating the            Whereas, if at a specified date in the quota period, a
 Community tariff quota among the Member States ;                  considerable balance remains in one or other Member
 whereas, in order to reflect more accurately the actual           State it is essential that that Member State pays a large
 development of the market in the products concerned,               amount of it back into the reserve, in order to avoid a
 such allocation should be in proportion to the needs of           part of the Community quota remaining unused in one
 the Member States, assessed by reference to both the              Member State when it could be used in others ;
 statistics of each State's imports of the said products
 from Cyprus over a representative period and the
 economic outlook for the quota period concerned;
                                                                    Whereas since the Kingdom of Belgium, the Kingdom of
                                                                    the Netherlands and the Grand Duchy of Luxembourg
                                                                    are united within and jointly represented by the Benelux
 Whereas, however, neither Community nor national                   Economic Union all transactions concerning the ad­
 statistics showing the breakdown for the products in               ministration of shares allocated to that economic union
 question are available and no reliable estimates of fu­            may be carried out by any one of its members,
 ---pagebreak--- No L 172/ 18                           Official Journal of the European Communities                                 28 . 6 . 78
HAS ADOPTED THIS REGULATION :                                    This process shall be applied until the reserve is ex­
                                                                 hausted.
                           Article 1                             4. Notwithstanding the provisions of paragraphs 1 , 2
                                                                 and 3 , the Member States may proceed to draw shares
From 1 July to 31 December 1978 , the Common Cus­                smaller than those fixed in those paragraphs if there is
toms Tariff duty for sweet peppers falling within sub­           reason to believe that they might not be used up. They
heading ex 07.01 S of the Common Customs Tariff,                 shall inform the Commission of the reasons which led
originating in Cyprus, shall be partially suspended at           them to apply this paragraph.
4-5% within the limits of a Community tariff quota of
150 tonnes .
                                                                                            Article 4
                           Article 2                             The additional shares drawn pursuant to Article 3 shall
                                                                 be valid until 31 December 1978 .
1 . The Community tariff quota referred to in Article 1
shall be divided into two tranches .
                                                                                             Article 5
2. The first tranche, amounting to 129 tonnes, shall be
shared among the Member States ; the proportions                 Member States shall return to the reserve, not later than
which, subject to Article 5 , shall be valid until 31             15 November 1978 , the unused portion of their initial
December 1978 , shall be as follows :                            share which on 1 November 1978 , is in excess of 20%
        Benelux                            7  tonnes             of the initial amount. They may return a larger portion
         Denmark                           7  tonnes             if there are grounds for believing that such portion may
                                                                 not be used in full.
         Germany                          14  tonnes
         France                             1 tonne
         Ireland                           7  tonnes
                                                                  Each Member State shall, not later than 15 November
         Italy                              1 tonne
                                                                  1978 , notify the Commission of the total imports of the
        United Kingdom                    92  tonnes
                                                                 products concerned effected up to 1 November 1978
                                                                 inclusive and charged against the Community quota
3 . The second tranche, amounting to 21 tonnes shall              and, where appropriate, the proportion of its initial
constitute the reserve .
                                                                 share that is being returned to the reserve.
                           Article 3                                                         Article 6
1 . If 90% or more of the initial share ofaMember State,         The Commission shall keep account of the shares
as laid down in Article 2 (2), or 90% of that share less         opened by Member States in accordance with Articles 2
the amount returned into the reserve, where the provi­            and 3 and shall inform each of them of the extent to
sions of Article 5 have been applied, has been ex­               which the reserve has been used as soon as it receives
hausted, that Member State shall proceed without de­              the notifications .
lay, by notifying the Commission, to draw a second
share equal to 15% of its initial share, rounded up to
the next unit where appropriate, to the extent that the          The Commission shall, not later than 20 November
amount in the reserve allows .                                    1978 , notify Member States of the amount in the
                                                                  reserve after the return of shares pursuant to Article 5 .
2. If, after its initial share has been exhausted, 90% or
more of the second share drawn by a Member State has              The Commission shall ensure that any drawing which
been used, that Member State shall proceed, in the                uses up the reserve is limited to the balance available
manner specified in paragraph 1 , to draw a third share           and, for this purpose, shall specify the amount thereof
equal to 7-5% of its initial share, rounded up to the             to the Member State which makes the final drawing.
next unit where appropriate, to the extent that the
amount in the reserve allows .
                                                                                             Article 7
3 . If, after its second share has been exhausted, 90%
or more of the third share drawn by a Member State                1 . Member States shall take all appropriate measures
has been used, that Member State shall proceed, in the            to ensure that, when additional shares are drawn pur­
same way, to draw a fourth share equal to the third.              suant to Article 3 , it is possible for charges to be made
 ---pagebreak--- 28 . 6 . 78                           Official Journal of the European Communities                           No L 172/ 19
without interruption against their accumulated shares of                                  Article 8
the Community quota.
                                                                 On receipt of a request from the Commission, Member
                                                                States shall inform it of imports actually charged against
2 . Member States shall ensure that importers of the            their shares .
said goods established in their territory have 'free access
to the shares allocated to them .
                                                                                          Article 9
3 . Member States shall charge imports of the said              Member States and the Commission shall cooperate
goods against their shares as and when the goods are             closely in order to ensure that this Regulation is
entered for home use .                                           observed.
4. The extent to which a Member State has used up its                                    Article 10
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .                         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