CELEX: 31976R3049
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3049/76 of 9 December 1976 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 Tunisia (1977)

No L 350/88                           Official Journal of the European Communities                             20. 12. 76
                                      COUNCIL REGULATION (EEC) No 3049/76
                                                   of 9 December 1976
             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 Tunisia ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         plication of the rate laid down for that quota to all
                                                                 imports of the product in question into all Member
                                                                 States until the sa/id quota has been used up ; whereas,
                                                                 having regard to the above principles, the Com­
Having regard to the Treaty establishing the Euro­               munity nature of the quota can be respected by
pean Economic Community, and in particular                       allocating the tariff quota among the Member States ;
Articles 43 and 113 thereof,                                     whereas, to reflect most accurately the actual
                                                                 development of the market in the products in
                                                                 question, such allocation should be in proportion
Having regard to the proposal from the Commission,               to the requirements of the Member States, assessed
                                                                 by reference both to the statistics relating to imports
                                                                 of the said product from Tunisia over a representa­
                                                                 tive reference period and to the economic outlook for
Having regard to the opinion of the European                     the quota period concerned ;
Parliament (M ,
Whereas the Interim Agreement between the Euro­
pean Economic Community and the Republic of                      Whereas, during the last three years for which stati­
Tunisia (2), signed on 25 April 1976, provides in                stics are available, the corresponding imports of each
Article 14, for the opening by the Community of an               Member State represent the following percentages of
annual Community tariff quota of 4 300 metric tons               imports into the Community from Tunisia of the
of apricot pulp falling within subheadiing ex 20.06 B            products concerned :
II c) 1 aa) of the Common Customs Tariff,
originating in Tunisia ; whereas the customs duties
applicable to the quota are equal to 70% of the                                                1973     1974       1975
customs duties actually applied to non-member
countries ; whereas the Community tariff quota in
                                                                 Benelux                      15-8       3-4        3-8
question should therefore be opened for 1977 ;
whereas, however, the Agreement expires on 30 June               Denmark                        —        —          —
1977 ; whereas the Community intends to maintain                                              10-2       2-5
its trading relations with that country; whereas the             Germany                                            —
conditions governing the second half of 1977 should              France                       74-0      94-1      95-2
not be less favourable than those laid down for the
                                                                 Ireland                        —        —          —
first; whereas in order not to disrupt trading patterns
for the products in question, the Community tariff               Italy                          —        —
                                                                                                                    1-0
quota should be opened for the whole of 1977 ;
                                                                 United Kingdom                 —        —          —
Whereas it is in particular necessary to ensure equal
and uninterrupted access for all importers in the
Member States to the quota and uninterrupted ap­
                                                                 Whereas both these percentages and the estimates
                                                                 from certain Member States should be taken into
                                                                 account as well as the need to ensure that, in the
                                                                 circumstances, the obligations contracted under the
(») OJ No C 259, 4. 11 . 1976, p. 37.                            Agreement concerned are allocated fairly among all
(*) OJ No L 141, 28. 5. 1976, p. 195.                            the Member States ; whereas the approximate
 ---pagebreak--- 20. 12. 76                          Official Journal of die European Communities                          No L 350/89
percentages of the initial quota shares may therefore          economic union may be carried out by any of its
be fixed as follows :                                          members,
        Benelux                                10
        Denmark                                 5              HAS ADOPTED THIS REGULATION :
        Germany                                10
        France                                 62
                                                                                       Article 1
        Ireland                                 3
        Italy                                   5              1 . From 1 January until 31 December 1977, a Com­
        United Kingdom                          5              munity tariff quota of 4 300 metric tons shall be
                                                               opened in the Community for apricot pulp falling
                                                               within subheading ex 20.06 B II c) 1 aa) of the
                                                               Common Customs Tariff, originating in Tunisia.
Whereas, in order to take account of future trends in
imports into the various Member States of the
product concerned, the quota should be divided into            2. Within the limits of this tariff quota the Common
two instalments, the first instalment being allocated          Customs Tariff duty applicable to these products
among all the Member States and the second forming             shall be suspended at a rate of 11-9% .
a reserve intended to cover any subsequent require­
ments of Member States which have used up their
initial shares ; whereas, tin order to ensure a certain        3 . Within the limits of this tariff quota the new
degree of security for importers in each Member                Member States shall apply duties calculated in
State, the first instalment of the Community tariff            accordance with the Interim Agreement between the
quota should be set at 66% of the quota;                       Community and Tunisia and the Act of Accession.
Whereas Member States may use up their initial                                         Article 2
shares at different rates ; whereas, to provide for this
eventuality and to avoid disruption of supplies, any           1 . A first instalment, amounting to 2 840 metric tons
Member State which has almost used up its initial              of the Community tariff quota referred to in Article 1,
share should draw an additional share from the                 shall be allocated among the Member States ; the
reserve ; whereas this should be done by each                  shares, which subject to Article 5 shall be valid until
Member State when each of its additional shares                31 December 1977, shall be as follows :
has been almost used up, and so on as many times
as the reserve allows ; whereas the initial and ad­                    Benelux                  280 metric tons,
ditional Shares should be valid until the end of the
quota period; whereas this form of administration                      Denmark                  140 metric tons,
requires close collaboration 'between Member States                    Germany                  280 metric tons,
and the Commission, and the Commission must be
                                                                        France                1 760 metric tons,
in a position to keep a record of the extent to which
the quota has been used up and to inform the                           Ireland                  100 metric tons,
Member States accordingly;                                              Italy                   140 metric tons,
                                                                       United Kingdom           140 metric tons.
Whereas if, at a given date in the quota period, a con­
siderable quantity of a Member State's initial share
                                                               2. The second instalment of 1 460 metric tons shall
remains unused, it is essential that that Member
                                                               constitute the reserve.
State should return a significant proportion to the
reserve so as to prevent a part of the quota from
remaining unused in one Member State when it could
be used in others ;                                                                    Article 3
                                                                1 . If 90% or more of any Member State's initial
Whereas, since the Kingdom of Belgium, the Kingdom             share as fixed in Article 2 ( 1 ), or 90% of that share
of the Netherlands and the Grand Duchy of Luxem­               less any portion returned to the reserve, where
bourg are united in and represented by the Benelux             Article 5 has been applied, has been used up that
Economic Union, any measure concerning thfe admin­              Member State shall forthwith, by notifying the Com­
istration of the quota shares allocated to that                mission, draw a second share equal to 15% of its
 ---pagebreak--- No L 350/90                          Official Journal of the European Communities                             20. 12. 76
initial share, rounded up where necessary to the next           and 3 and, as soon as it has been notified, shall
whole number, to the extent that the reserve so                 inform each Member State of the extent to which the
permits.                                                        reserve has 'been used up.
 2. If after its initial share has been used up, 90% or         It shall inform the Member States, not later than
 more of the second share drawn by a Member State               5 October 1977, of the state of the reserve after
 has been used up, that Member State shall, in                  amounts have been returned thereto pursuant to
 accordance with the conditions laid down in para­              Article 5 .
 graph 1, draw a third share equal to 7*5% of its
initial share.
                                                                It shall ensure that the drawing which exhausts the
                                                                reserve does not exceed the balance available and to
3 . If alter its second share has been used up, 90%             this end shall specify the amount thereof to the
or more of the third share drawn by a Member State              Member State making the final drawing.
has 'been used up, that Member State shall, in accord­
 ance with the same conditions, draw a fourth share
 equal to the third.
                                                                                        Article 7
 This procedure shall apply until the reserve is used           1 . Member States shall take all appropriate measures
 up.                                                            to ensure that additional shares drawn pursuant to
                                                                Article 3 are opened in such a way that imports may
                                                                be charged without interruption against their
4. Notwithstanding paragraphs 1, 2 and 3, Member                aggregate shares of the Community quota.
States may draw smaller shares than those specified
therein if there are grounds for believing that those
specified may not be used in full. They shall inform            2. Member States shall ensure that importers of the
the Commission of their reasons for applying this               products in question established in their territory
paragraph.                                                      have free access to the shares allocated to them.
                          Article 4                             3 . Member States shall charge imports of the said
                                                                products against their shares as and when the product
Each of the additional shares drawn pursuant to                 in question is entered for home use.
Article 3 shall be valid until 31 December 1977.
                                                                4. The extent to which a Member State has used up
                                                                its share shall be determined on the basis of the
                          Article 5                             imports charged in accordance with paragraph 3 .
Member States shall return to the reserve, not later
than 1 October 1977, the unused portions of their                                      Article 8
initial shares which, on 15 September 1977, are in
excess of 20% of the initial amounts. They may
return ia greater portion if there are grounds for              At the Commission's request, Member States shall
believing that such portions may not be used in full.           inform it of the imports actually charged against their
                                                                shares.
Member States shall notify the Commission, not later
than 1 October 1977, of the total quantity of the                                      Article 9
product in question imported up to and including
15 September 1977, and charged against the Com­                 The Member States and the Commission shall
munity quota and of any portion of their initial                cooperate closely to ensure that this Regulation is
shares returned to the reserve.
                                                                complied with.
                          Article 6                                                   Article 10
The Commission shall keep an account of the shares             This Regulation shall enter into force on 1 January
opened by the Member States pursuant to Articles 2              1977.
 ---pagebreak--- 20. 12.76                      Official Journal of the European Communities                      No L 350/91
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 9 December 1976.
                                                                         For the Council
                                                                           The President
                                                                         P. J. J. MERTENS