CELEX: 31985R3135
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3135/85 of 22 October 1985 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 and originating in Morocco (1986)

16 . 11 . 85                             Official Journal of the European Communities                               No L 304 / 17
                                         COUNCIL REGULATION ( EEC) No 3135 / 85
                                                        of 22 October 1985
              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 and
                                                  originating in Morocco ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Whereas , during the last three years for which statistics are
                                                                    available , the corresponding imports of each Member State
                                                                    represent the following percentages of imports into the
                                                                    Community from Morocco of the product in question :
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,                                                                       Member State             1982      1983       1984
                                                                    Benelux                               3         1          2
                                                                    Denmark
Having regard to the proposal from the Commission ,
                                                                                                         —         —          —
                                                                    Germany                               7        —          —
                                                                    Greece                               —                    —
                                                                    France                               86        97         98
Whereas , the Cooperation Agreement between the                     Ireland                              —         —          —
European Economic Community and the Kingdom of                      Italy                                —         —          —
Morocco (*), signed on 27 April 1976 , provides for the             United Kingdom                        4         2         —
opening by the Community of an annual Community tariff
quota of 8 250 tonnes of apricot pulp falling within
subheading ex 20.06 B II c) 1 aa ) of the Common Customs
Tariff and originating in Morocco ; whereas the customs             Whereas both these percentages and the estimates from
                                                                    certain Member States should be taken into account as well
duties applicable to the quota are equal to 70 % of the
customs duties actually applied to non-member countries ;            as the need to ensure that , in the circumstances, the
whereas the Community tariff quota in question should               obligations contracted under the Agreement concerned are
therefore be opened for 1986 ;                                      allocated fairly among all the Member States ; whereas the
                                                                    approximate percentages of the initial quota shares may
                                                                    therefore be fixed as follows :
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does                  Benelux                                     5.5
not exist, the Community must adopt the measures referred                   Denmark                                      1,3
to in Articles 180 and 367 of that Act ; whereas the tariff                 Germany                                     6.6
measure concerned will , therefore , apply to the                           Greece                                      0,2
Community of Ten ;                                                          France                                     59,5
                                                                            Ireland                                      1,3
                                                                            Italy                                        1,3
                                                                            United Kingdom                             24,3
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application              Whereas , in order to take into account import trends for
of the rate laid down for that quota to all imports of the
                                                                    the products concerned in the various Member States , the
products concerned into all Member States until the quota           quota amount should be divided into two instalments , the
has been used up ; whereas , having regard to the above
                                                                    first being shared among the Member States and the second
principles, the Community nature of the quota can be                constituting a reserve to cover at a later date the
respected by allocating the Community tariff quota among            requirements of the Member States which have used up
the Member States ; whereas , in order to reflect as
                                                                    their initial quota shares ; whereas , in order to give
accurately as possible the true trend of the market in the
                                                                     importers in each Member State a certain degree of
products in question , such allocation should be in                  security, the first instalment of the Community quota
proportion to the requirements of the Member States ,                should under the circumstances be fixed at 55 % of the
calculated by reference to the statistics for imports from
                                                                     quota volume ;
Morocco over a representative reference period and also to
the economic outlook for the quota period in question ;
                                                                     Whereas the Member States' initial shares may be used up
                                                                     at different times ; whereas , in order to take this fact into
                                                                     account and avoid any break in continuity, any Member
                                                                     State which has almost used up its initial quota share
(») OJ No L 264 , 27 . 9 . 1978 , p. 1 .                             should draw an additional share from the reserve ; whereas
 ---pagebreak--- No L 304 / 18                             Official Journal of the European Communities                                   16 . 11 . 85
this must be done by each Member State as and when each              2 . The second instalment amounting to 4 550 tonnes shall
of its additional shares is almost used up , and repeated as         constitute the reserve .
many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
                                                                                                  Article 3
close cooperation between the Member States and the
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
                                                                     1.  If 90 % or more of a Member State's initial share as
used up and to inform the Member States thereof;
                                                                     specified in Article 2 ( 1 ), or 90 % of that share minus the
                                                                     portion returned to the reserve where Article 5 has been
Whereas if, at a given date in the quota period , a                  applied , has been used up , then, to the extent permitted by
substantial quantity remains unused in any Member State ,            the amount of the reserve , that Member State shall
it is essential that that Member State should return a               forthwith , by notifying the Commission , draw a second
significant proportion to the reserve to prevent a part of           share equal to 15 % of its initial share , rounded up where
any tariff quota from remaining unused in one Member                 necessary to the next unit .
State when it could be used in others ;
                                                                     2 . If, after its initial share has been used up , 90 % or
Whereas , since the Kingdom of Belgium , the Kingdom of              more of the second share drawn by a Member State has
the Netherlands and the Grand Duchy of Luxembourg are                been used up , then that Member State shall , in accordance
united within and jointly represented by the Benelux                 with the conditions laid down in paragraph 1 , draw a third
Economic Union , any operation relating to the                       share equal to 7,5 % of its initial share .
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,                                                            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 accordance with the
                                                                     conditions laid down in paragraph 1 , draw a fourth share
HAS ADOPTED THIS REGULATION :                                        equal to the third .
                                                                     This process shall continue until the reserve is used up .
                            Article 1
                                                                     4 . By way of derogation from paragraphs 1 , 2 and 3 , a
1 . From 1 January to 31 December 1986 , a Community                 Member State may draw shares smaller than those fixed in
of Ten tariff quota of 8 250 tonnes shall be opened in the           those paragraphs if there are grounds for believing that
Community for apricot pulp falling within subheading                 they might not be used up . It shall inform the Commission
ex 20.06 B II c) 1 aa ) of the Common Customs Tariff and             of its reasons for applying this paragraph .
originating in Morocco .
2 . Within the limits of this tariff quota the Common                                             Article 4
Customs Tariff duty applicable to these products shall be
suspended at a rate of 1 1 ,9 % .
                                                                     The additional shares drawn pursuant to Article 3 shall be
                                                                     valid until 31 December 1986 .
                            Article 2
 1 . A first instalment amounting to 3 700 tonnes of the                                          Article 5
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the shares which ,                The Member States shall return to the reserve , not later
subject to Article 5 , shall be valid until 31 December 1986         than 1 October 1986 , such unused portion of their initial
shall be as follows :
                                                                      shares as , on 15 September 1986 , is in excess of 20 % of
                                                                     the initial volume . They may return a larger quantity if
                                                   (tonnes)          there are grounds for believing that this quantity may not
        Benelux                                      200             be used .
        Denmark                                        50
        Germany                                      240
        Greece                                         10            The Member States shall notify the Commission , not later
        France                                     2 200             than 1 October 1986 , of the total quantities of the products
        Ireland                                        50            in question imported up to 15 September 1986 and charged
        Italy                                          50            against the tariff quota and of any quantity of the initial
        United Kingdom                               900             shares returned to the reserve .
 ---pagebreak--- 16 . 11 . 85                             Official Journal of the European Communities                            No L 304 / 19
                            Article 6                               3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
The Commission shall keep an account of the shares                  products are entered with customs authorities for free
opened by the Member States pursuant to Articles 2 and 3            circulation .
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .         4 . The extent to which a Member State has used up its
                                                                    share shall be determined on the basis of the imports
It shall inform the Member States, not later than 5 October         charged in accordance with paragraph 3 .
1986 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve                                    Article 8
does not exceed the balance available and , to this end , shall
notify the amount of that balance to the Member State               At the Commission's request, the Member States shall
making the last drawing.                                            inform it of imports actually charged against their shares .
                            Article 7
                                                                                               Article 9
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3           The Member States and the Commission shall cooperate
are opened in such a way that imports may be charged                closely to ensure that this Regulation is complied with .
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the                                      Article 10
products in question have free access to the shares allocated
to them .                                                           This Regulation shall enter into force on 1 January 1986 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Luxembourg, 22 October 1985 .
                                                                                        For the Council
                                                                                          The President
                                                                                            J. F. POOS