CELEX: 31976R1511
Language: en
Date: 1976-06-24 00:00:00
Title: Council Regulation (EEC) No 1511/76 of 24 June 1976 in the opening, allocation and 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 (1976)

No L 169/ 16                           Official Journal of the European Communities                               28 . 6. 76
                                         COUNCIL REGULATION (EEC) No 1511/76
                                                       of 24 June 1976
               on the opening, allocation and 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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         to reflect most accurately the actual development
                                                                  of the market in the products in question, such
                                                                  allocation should be in proportion to the require­
                                                                  ments of the Member States, assessed by reference
Having regard to the Treaty establishing the Euro­                both to the statistics relating to imports of the said
pean Economic Community, and in particular                        product from Tunisia over a representative reference
Articles 43 and 113 thereof,                                      period and to the economic outlook for the quota
                                                                  period concerned ;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par­                 Whereas, during the last three years for which
liament (1 ),                                                      statistics are available, the corresponding imports of
                                                                   each Member State represent the following percen­
Whereas the Cooperation Agreement between the                     tages of imports into the Community from Tunisia
European Economic Community and the Republic                       of the products concerned :
of Tunisia, signed on 25 April 1976, provides in
                                                                                                                        (in °/o )
Article 21 for the opening by the Community of                                                             1
an annual Community tariff quota of 4 300 metric
                                                                                                 1972     1973        1974
tons of apricot pulp falling within subheading
ex 20.06 B II c) 1 aa) of the Common Customs
Tariff originating in Tunisia ; whereas the customs               Benelux                         4.9     15.8         3.4
duties applicable to the quota are equal to 70% of                Denmark                         —        —          —
the customs duties actually applied to non-member                 Germany                       10.5      10.2         2.5
countries ; whereas, pending the entry into force of              France                        84.6      74.0       94.1
this Agreement, the Interim Agreement between the
                                                                  Ireland                               •  —
European Economic Community and the Republic
                                                                                                  —                   —
of Tunisia (2 ) provides for the advance application              Italy                          —         —          —
of this tariff measure, probably with effect from                 United Kingdom                  —        —           —
1 July 1976 ; whereas the pro rata temporis clause
shall apply; whereas the Community tariff quota in
question should therefore be opened for the second
half of 1976 ;                                                    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
Whereas it is in particular necessary to ensure equal              circumstances, the obligations contracted under the
and uninterrupted access for all importers in the                  Agreement concerned are allocated fairly among all
Member States to the quota and uninterrupted appli­                the Member States ; whereas the approximate per­
cation of the rate laid down for that quota to all                 centages of the initial quota shares may therefore
imports of the product in question into all Member                 be fixed as follows :
States until the said quota has been used up ; whereas,
having regard to the above principles, the Community
nature of the quota can be respected by allocating                          Benelux                            10% ,
the tariff quota among the Member States ; whereas,                         Denmark                             5% ,
                                                                            Germany                            10% ,
                                                                            France                             61% ,
                                                                            Ireland                             4% ,
(*) Opinion delivered on 18 June 1976 and not yet pub­
    lished in the Official Journal.                                         Italy                               5% ,
(2) OJ No L 141 , 28 . 5. 1976, p . 195.                                    United Kingdom                      5% ;
 ---pagebreak--- 28 . 6. 76                          Official Journal of the European Communities                           No L 169/ 17
"Whereas, in order to take account of future trends            2. Within the limits of this tariff quota the Common
in imports into the various Member States of the               Customs Tariff duty applicable to these products
product concerned, the quota should be divided into            shall be suspended at a rate of 11-9% .
two instalments ; the first to be allocated among all
 the Member States and the second to form a reserve            3 . Within the limits of this tariff quota the new
 intended to cover any subsequent requirements of              Member States shall apply duties calculated in
 Member States > which have used up their initial              accordance with the Agreement between the Com­
 shares ; whereas, in order to ensure a certain degree         munity and Tunisia and the Act of Accession.
 of security for importers in each Member State,
 the first instalment of the Community tariff quota
 should be set at 66% of the quota ;                                                    Article 2
 Whereas Member States may use up their initial                1 . A first instalment of 1 420 metric tons of the
 shares at different rates ; whereas, to provide for           Community tariff quota referred to in Article 1 ,
 this eventuality and to avoid disruption of supplies,         shall be allocated among the Member States ; the
 any Member State which has almost used up its                 shares, which subject to Article 5 shall be valid until
 initial share should draw an additional share from            31 December 1976, shall be as follows :
 the reserve ; whereas this should be done by each
 Member State when each of its additional shares has                    Benelux                 140  metric tons,
 been almost used up, and so on as many times as the                    Denmark                   70 metric tons,
 reserve allows ; whereas the initial and additional                    Germany                 140  metric tons,
 shares should be valid until the end of the quota
                                                                        France                  880  metric tons ,
 period; whereas this form of administration requires
 close collaboration between Member States and the                      Ireland                   50 metric tons,
  Commission, and the Commission must be in a                           Italy                     70 metric tons,
  position to keep a record of the extent to which the                  United Kingdom            70 metric tons.
  quota has been used up and to inform the Member
  States accordingly ;
                                                               2 . The second instalment of 730 metric tons shall
                                                               constitute the reserve .
  Whereas if, at a given date in the quota period, a
  considerable quantity of a Member State's initial
  share remains unused, it is essential that that Mem­                                  Article 3
  ber State should return a significant proportion to
  the reserve so as to prevent a part of the quota from         1 . If 90% or more of any Member State's initial
  remaining unused in one Member State when it                 share as fixed in Article 2 ( 1 ), or 90% of that share
  could be used in others ;                                    less any portion returned to the reserve, where
                                                               Article 5 has been applied, has been used up that
                                                               Member State shall forthwith by notifying the
  Whereas, since the Kingdom of Belgium, the Kingdom            Commission, draw a second share equal to 15% of
  of the Netherlands and the Grand Duchy of Luxem­             its initial share, rounded up where necessary to the
  bourg are united within and jointly represented by            next whole number, to the extent that the reserve
  the Benelux Economic Union any measure concern­               so permits.
  ing the administration of the shares allocated to
  that Economic Union may be carried out by any one
  of its members,                                               2. If after its initial share has been used up, 90%
                                                                or more of the second share drawn by a Member
                                                                State has been used up, that Member State shall, in
                                                                accordance with the conditions laid down in para­
  HAS ADOPTED THIS REGULATION :                                 graph 1 , draw a third share equal to 7-5% of its
                                                                initial share .
                         Article 1                              3 . If after its second share has been used up, 90%
                                                                or more of the third share drawn by a Member
                                                                State has been used up, that Member State shall, in
   1 . For the period 1 July to 31 December 1976 a              accordance with the same conditions, draw a fourth
  Community tariff quota of 2 150 metric tons shall be          share equal to the third.
  opened in the Community for apricot pulp, falling
  within subheading ex 20.06 B II c) 1 aa) of the               This procedure shall apply until the reserve is used
   Common Customs Tariff, originating in Tunisia .              up .
 ---pagebreak--- No L 169/18                       Official Journal of the European Communities                             28 . 6. 76
4. Notwithstanding paragraphs 1, 2 and 3, Member             It shall ensure that the drawing which exhausts the
States may draw smaller shares than those specified          reserve does not exceed the balance available and
therein if there are grounds for believing that those        to this end shall specify the amount thereof to the
specified may not be used in full. They shall inform         Member State making the final drawing.
the Commission of their reasons for applying this
paragraph.
                                                                                    Article 7
                        Article 4                            1 . Member States shall take all appropriate measures
                                                             to ensure that additional shares drawn pursuant to
Additional shares drawn pursuant to Article 3 shall          Article 3 are opened in such a way that imports may
be valid until 31 December 1976.                             be charged without interruption against their aggre­
                                                             gate shares of the Community quota.
                        Article 5                            2. Member States shall ensure that importers of the
                                                             products in question established in their territory
Member States shall return to the reserve, not later         have free access to the shares allocated to them.
than 15 November 1976, the unused portions of
their initial shares which, on 1 November 1976, are          3 . Member States shall charge imports of the said
in excess of 20% of the initial amounts. They may            products against their shares as and when the prod­
return a greater portion if there are grounds for            uct in question is entered for home use.
believing that such portions may not be used in full .
                                                             4. The extent to which a Member State has used
Member States shall notify the Commission, not               up its share shall be determined on the basis of the
 later than 15 November 1976, of the total quantity          imports charged in accordance with paragraph 3 .
 of the product in question imported up to and
 including 1 November 1976 and charged against the                                   Article 8
 Community quota and of any portion of their initial
 shares returned to the reserve.
                                                             At the Commission's request, Member States shall
                                                             inform it of the imports actually charged against
                        Article 6                            their shares.
 The Commission shall keep an account of the shares                                  Article 9
 opened by the Member States pursuant to Articles 2
 and 3 and, as soon as it has been notified, shall           The Member States and the Commission shall co­
 inform each Member State of the extent to which
                                                              operate closely to ensure that this Regulation is
 the reserve has been used up.                                complied with.
 It shall inform the Member States, not later than
 20 November 1976, of the state of the reserve after                                 Article 10
 amounts have been returned thereto pursuant to
 Article 5 .                                                  This Regulation shall enter into force on 1 July 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 June 1976.
                                                                                For the Council
                                                                                  The President
                                                                                   G. THORN