CELEX: 31977R2823
Language: en
Date: 1977-11-28 00:00:00
Title: Council Regulation (EEC) No 2823/77 of 28 November 1977 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 (1978)

23.12 . 77                            Official Journal of the European Communities                             No L 331 /39
                                        COUNCIL REGULATION (EEC) No 2823 /77
                                                    of 28 November 1977
                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 ( 1978 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          ence period and to the economic outlook for the
                                                                    quota period concerned ;
 Having regard to the Treaty establishing the Euro­                 Whereas , during the last three years for which statis­
 pean Economic Community, and in particular                         tics are available, the corresponding imports of each
 Articles 43 and 113 thereof.                                       Member State represent the following percentages of
                                                                    imports into the Community from Tunisia of the
                                                                    products concerned :
 Having regard to the proposal from the Commission,
                                                                           Member States        1974       1975      1976
Having regard to the opinion of the European Parlia­                Benelux                      3-4        3-8       7-1
 ment ( M ,
                                                                    Denmark                      —          —         —
                                                                    Germany                      2-5        —         —
                                                                    France                      94-1      95-2       92-9
"Whereas the Cooperation Agreement between the
European Economic Community and the Republic of                     Ireland                      —          —         —
Tunisia, signed on 25 April 1976, provides for the
                                                                   Italy                         —
                                                                                                            1-0       —
opening by the Community of an annual Community
tariff quota of 4 300 tonnes of apricot pulp falling               United Kingdom                —          —         —
within subheading ex 20.06 B II c) 1 aa) of the Com­
mon Customs Tariff, originating in Tunisia ; whereas
the customs duties applicable to the quota are equal
to 70 % of the customs duties actually applied to                  Whereas both these percentages and the estimates
                                                                    from certain Member States should be taken into
non-member countries ; whereas the Community
                                                                    account as well as the need to ensure that, in the
tariff quota in question should therefore be opened
for 1978 ;                                                          circumstances, the obligations contracted under the
                                                                   Agreement concerned are allocated fairly among all
                                                                   the Member States ; whereas the approximate per­
                                                                    centages of the initial quota shares may therefore be
Whereas it is in particular necessary to ensure equal              fixed as follows :
and uninterrupted access for all importers in the
Member States to the quota and uninterrupted appli­                         Benelux                    10 %
cation of the rate laid down for that quota to all im­                      Denmark                      5 %
ports of the product in question into all Member
States until the said quota has been used up ; whereas ,                    Germany                    10 %
having regard to the above principles, the Com­                             France                     62 %
munity nature of the quota can be respected by allo­
cating the tariff quota among the Member States ;                           Ireland                      3 %
whereas, to reflect most accurately the actual develop­
ment of the market in the products in question,                             Italy                       5 %
such allocation should be in proportion to the re­                          United Kingdom               5 %;
quirements of the Member States , assessed by refer­
ence both to the statistics relating to imports of the
said product from Tunisia over a representative refer­             Whereas , in order to take account of future trends in
                                                                   imports into the various Member States of the pro­
                                                                   ducts concerned, the quota should be divided into two
                                                                   instalments ; the first to be allocated among all the
                                                                   Member States and the second to form a reserve in­
(! ) Opinion delivered on 18 November 1977 (not yet
     published in the Official Journal).                           tended to cover any subsequent requirements of
 ---pagebreak--- No L 331 /40                        Official Journal of the European Communities                                23 . 12. 77
Member States which have used up their initial                                             Article 2
shares ; whereas, in order to ensure a Certain degree
of security for importers in each Member State, the            1.     A first instalment of 2 840 tonnes of the Com­
first instalment of the Community tariff quota should          munity tariff quota referred to in Article 1 , shall be
be set at 66 % of the quota ;                                  allocated among the Member States ; the shares, which
                                                               subject to Article 5 shall be valid until 31 December
Whereas Member States may use up their initial                 1978 , shall be as follows :
shares at different rates ; whereas, to provide for this
eventuality and to avoid disruption of supplies, any                    Benelux                          280 tonnes .
Member State which has almost used up its initial                        Denmark                         140 tonnes ,
share should draw an additional share from the re­
serve; whereas this should be done by each Member                        Germany                         280 tonnes ,
State when each of its additional shares has been
almost used up, and so on as many times as the reserve                   France                        1 760 tonnes,
 allows ; whereas the initial and additional shares                      Ireland                         100 tonnes ,
should be valid until the end of the quota period;
 whereas this form of administration requires close                      Italy                           140 tonnes,
collaboration between Member States and the Com­
                                                                         United Kingdom                  140 tonnes .
 mission, and the Commission must be in a position
 to keep a record of the extent to which the quota has
 been used up and to inform the Member States ac­               2.    The second instalment of 1 460 tonnes shall
 cordingly ;                                                    constitute the reserve.
Whereas if, at a given date in the quota period, a con­
 siderable quantity of a Member State's initial share re­                                  Article 3
 mains unused, it is essential that that Member State
 should return a significant proportion to the reserve
 so as to prevent a part of the quota from remaining            1 . If 90% or more of any Member State's initial
 unused in one Member State when it could be used               share as fixed in Article 2 ( 1 ), or 90 % of that share
 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 Com­
  Whereas, since the Kingdom of Belgium, the King­              mission, draw a second share equal to 15 °/o of its
  dom of the Netherlands and the Grand Duchy of                 initial share, rounded up where necessary to the next
  Luxembourg are united within and jointly represent­           whole number) to the extent that the reserve permits .
 ed by the Benelux Economic Union, any measure con­
  cerning the administration of the shares allocated to         2.     If, after its initial share has been used up, 90 %
  that economic union may be carried out by any one             or more of the second share drawn by a Member
  of its members,                                               State has been used up, that Member State shall, in
                                                                accordance with the conditions laid down in para­
                                                                graph 1 , draw a third share equal to 7-5 °/o of its
                                                                initial share .
  HAS ADOPTED THIS REGULATION :
                                                                 3 . If after its second share has been used up, 90 °/o
                                                                 or more of the third share drawn by a Member State
                         Article 1
                                                                 has been used up, that Member State shall, in accord­
                                                                 ance with the same conditions, draw a fourth share
                                                                 equal to the third.
   1 . For the period 1 January to 31 December 1978              This procedure shall apply until the reserve is used
   a Community tariff quota of 4 300 tonnes shall be             up .
   opened in the Community for apricot pulp falling
   within subheading ex 20.06 B II c) 1 aa) of the Com­
  mon Customs Tariff originating in Tunisia.                     4. Notwithstanding paragraphs 1 , 2 and 3 , Mem­
                                                                 ber States may draw smaller shares than those speci­
                                                                 fied therein if there are grounds for believing that
  2. Within the limits of this tariff quota the Com­             those specified may not be used in full. They shall
   mon Customs Tariff duty applicable to these products          inform the Commission of their reasons for apply­
   shall be suspended at a rate of 11-9 %.                       ing this paragraph.
 ---pagebreak--- 23 . 12 . 77                       Official Journal of the European Communities                          No L 331 /41
                        Article 4                                                    Article 7
Additional shares drawn pursuant to Article 3 shall           1.     Member States shall take all appropriate
be valid until 31 December 1978 .                             measures to ensure that additional shares drawn
                                                              pursuant to Article 3 are opened in such a way that
                                                              imports may be charged without interruption against
                        Article S                             their aggregate shares of the Community quota.
Member States shall return to the reserve, not later          2. Member States shall ensure that importers of
than 1 October 1978 , the unused portions of their            the products in question established in their territory
initial shares which, on 15 September 1978 , are in           have free access to the shares allocated to them .
excess of 20% of the initial amounts . They may
return a greater portion if there are grounds for            3 . Member States shall charge imports of the said
believing that such portions may not be used in full .        products against their shares as and when the
                                                              products in question are entered with customs
Member States shall notify the Commission, not later          authorities for home use.
than 1 October 1978, of the total quantity of the
product in question imported up to and including 15           4.     The extent to which a Member State has used
September 1978 and charged against the Community              up its share shall be determined on the basis of the
quota and of any portion of their initial shares re­          imports charged in accordance with paragraph 3 .
turned to the reserve.
                                                                                     Article 8
                        Article 6
                                                              At the Commission's request, Member States shall in­
The Commission shall keep an account of the shares            form it of the imports actually charged against their
opened by the Member States pursuant to Articles 2            shares .
and 3 and, as soon as it has been notified, shall in­
form each Member State of the extent to which the
 reserve has been used up.                                                           Article 9
It shall inform the Member States, not later than 5           The    Member States     and   the  Commission     shall
October 1978 , of the state of the reserve after              cooperate closely to ensure that this Regulation is
amounts have been returned thereto pursuant to                complied with.
Article 5 .
It shall ensure that the drawing which exhausts the                                  Article 10
reserve does not exceed the balance available and to
this end shall specify the amount thereof to the Mem­         This Regulation shall enter into force on 1 January
 ber State making the final drawing.                          1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 28 November 1977.
                                                                                    For the Council
                                                                                     The President
                                                                                      L. OUTERS