CELEX: 31987R4169
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4169/87 of 21 December 1987 opening and providing for the administration of a Community tariff quota for sweet peppers falling within subheading ex 0709 60 10 of the combined nomenclature and originating in Cyprus (1988)

No L 398 / 16                          Official Journal of the European Communities                                        31 . 12 . 87
                                        COUNCIL REGULATION (EEC) No 4169/87
                                                        of 21 December 1987
                   opening and providing for the administration of a Community tariff quota for sweet
                   peppers falling within subheading 0709 60 10 of the combined nomenclature and orig­
                                                      inating in Cyprus ( 1988)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas from the date on which the said quota is
                                                                        opened, the nomenclature used in the Common Customs
  Having regard to the Treaty establishing the European                 Tariff will be replaced by the combined nomenclature
  Economic Community, and in particular Article 113                     based    on   the   International     Convention       on      the
  thereof,                                                              Harmonized Commodity Description and Coding
                                                                        System ; whereas this Regulation must take account of
  Havring regard to the proposal from the Commission,                   that fact by indicating the combined nomenclature codes
                                                                        within which the said products fall ;
  Whereas the Agreement establishing an Association                     Whereas equal and continuous access to the quota
  between the European Economic Community and the                       should be ensured for all Community importers and the
  Republic of Cyprus, as supplemented by the Protocol                   rates laid down for the quota should be applied consist­
  laying down the conditions and procedures for the                     ently to all the Member States until the quota is
  implementation of the second stage of the said                       exhausted ; whereas, however, the quota should not in
 Agreement and adapting certain provisions thereof (x),                this case be allocated among the Member States, without
  provides for the opening of a Community tariff quota of              prejudice to the drawing against the quota volume of
  300 tonnes for sweet peppers falling within subheading               such quantities as they may need, under the conditions
  0709 60 10 of the combined nomenclature and orig­                    and according to the procedure laid down in Article 1
 inating in Cyprus ; whereas, pursuant to Article 18 of the            (2); whereas this method of administration requires close
 Protocol in question, this volume is subject to an annual             cooperation between the Member States and the
 increase of 5 % from the entry into force of the                      Commission and the latter must in particular be able to
 Protocol, and will therefore be 315 tonnes in 1988 ;                  monitor the rate at which the quota is used and inform
 whereas, within the limit of the tariff quota, the customs            the Member States accordingly;
 duty applicable is to be abolished progressively according
 to the timetable and under the conditions as laid down in            Whereas since the Kingdom of Belgium, the Kingdom of
 Articles 5 and 16 of the said Protocol ;                              the Netherlands and the Grand Duchy of Luxembourg
                                                                       are united within and jointly represented by the Benelux
 Whereas, however, the Protocol to the Association                    Economic Union, any operation concerning the adminis­
 Agreement between the European Economic Community                    tration of the quota shares allocated to that economic
 and the Republic of Cyprus consequent on the accession               union may be carried out by any one of its members,
 of the Kingdom of Spain and the Portuguese Republic to
 the Community (2) lays down that those Member States                 HAS ADOPTED THIS REGULATION :
 will postpone implementation of the preferential arrange­                                       Article 1
 ments for the products in question until 31 December
 1989 and 31 December 1990 respectively; whereas,                      1.    From 1 January to 31 December 1988 the customs
 consequently, the above tariff quota applies only to the             duty applicable to imports into the Community as con­
 Community as constituted on 31 December 1985 ;                       stituted on 31 December 1985 of the following products
 whereas the Community tariff quota should therefore be               shall be suspended at the levels indicated and within the
 opened for 1988 ;                                                    limits of a Community tariff quota as shown below :
    Order
     No
                 CN code                                 Description                          Volume of quota         Quota duty
                                                                                                  (tonnes)               (°/o)
   09.1409      0709 60 10        Sweet peppers, originating in Cyprus                              315                  4,5 -
                                                                                                                 from 1 January to
                                                                                                                     29 February
                                                                                                                           4
                                                                                                                  from 1 March to
                                                                                                                    31 December
0) OJ No L 393, 31 . 12 . 1987, p. 2 .
(2) OJ No L 393, 31 . 12. 1987, p. 37.
 ---pagebreak---                                                                                                               No L 398 / 17
31 . 12 . 87                          Official Journal of the European Communities
2 . If an importer gives notification of imminent                3.    Member States shall charge imports of the said
imports of the product in question into a Member State           goods against their drawings as and when the goods are
and applies to take advantage of the quota, the Member           entered with the customs authorities for free circulation .
State concerned shall inform the Commission and draw
an amount corresponding to its requirements to the               4. The extent to which the quota has been used up
extent that the available balance of the reserve so              shall be determined on the basis of the imports charged
permits .                                                        in accordance with paragraph 3 .
3.     The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period.                                                  Article 3
                          Article 2                              At the request of the Commission, Member States shall
                                                                 inform it of imports actually charged against the quota.
 1.    Member States shall take all appropriate measures
to ensure that their drawings pursuant to Article 1 (2)                                   Article 4
 enable imports to be charged without interruption
 against their accumulated shares of the Community               The Member States and the Commission shall cooperate
 quota.                                                           closely to ensure that this Regulation is complied with.
 2.    Each Member State shall ensure that importers of
 the product concerned have free access to the quota for                                  Article 5
 such time as the residual balance of the quota volume so
 permits.                                                         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