CELEX: 31986R4008
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4008/86 of 16 December 1986 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 Tunisia (1987)

No L 374 / 4                             Official Journal of the European Communities                                  31 . 12 . 86
                                          COUNCIL REGULATION ( EEC) No 4008 / 86
                                                         of 16 December 1986
                 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 Tunisia ( 1987 )
  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 Tunisia of the product in question:
  Having regard to the Treaty establishing the European
  Economic Community , and in particular Article 113
  thereof,                                                                         Member State           1983    1984       1985
                                                                       Benelux                                  I
                                                                       Denmark
  Having regard to the proposal from the Commission ,                  Germany                             —        —
                                                                       Greece                              —
                                                                       France                             100      100        100
                                                                       Ireland
 Whereas the Cooperation Agreement between the
                                                                                                           —
                                                                       Italy                               —        —
 European Economic Community and the Republic of                       United Kingdom                      —        —          —
 Tunisia ( ! ), signed on 25 April 1976 , provides for the
 opening by the Community of an annual Community tariff
 quota of 4 300 tonnes of apricot pulp falling within
 subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
 Tariff and originating in Tunisia ; whereas the customs               Whereas both these percentages and the estimates from
 duties applicable to the quota are equal to 70 % of the               certain Member States should be taken into account as well
 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 1987 ;                                        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                                   2,4
 not exist , the Community must adopt the measures referred                    Denmark                                   2,4
 to in Articles 180 and 367 of that Act ; whereas the tariff                   Germany                                   4,4
 measure concerned will , therefore , apply to the                             Greece                                    0,5
 Community as constituted on 31 December 1985 ;                                France                                  78,1
                                                                               Ireland                                   2,4
                                                                               Italy                                     2,4
                                                                               United Kingdom                            7,4
Whereas it is in particular necessary to ensure for all
 Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the            Whereas , in order to take into account import trends for
products concerned into all Member States until the quota             the products concerned in the various Member States , the
has been used up ; whereas , having regard to the above               quota amount should be divided into two instalments , the
principles, the Community nature of the quota can be                  first being shared among the Member States and the second
respected by allocating the Community tariff quota among              constituting a reserve to cover at a later date the
the Member States ; whereas , in order to reflect as                  requirements     of the Member States which have used up
accurately as possible the true trend of the market in the            their initial    quota shares; whereas, in order to give
products in question , such allocation should be in                   importers in      each Member State a certain degree of
proportion to the requirements of the Member States ,                 security , the    first instalment of the Community quota
calculated by reference to the statistics for imports from            should under the circumstances be fixed at 50 % of the
Tunisia over a representative reference period and also to            quota volume ;
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
(M OJ No L 265 , 27 . 9 . 1978 , p. 1 .                               State which has almost used up its initial quota share
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                                  No L 374 / 5
should draw an additional share from the reserve ; whereas               Whereas , since the Kingdom of Belgium , the Kingdom of
this must be done by each Member State as and when each                  the Netherlands and the Grand Duchy of Luxembourg are
of its additional shares is almost used up , and repeated as             united within and jointly represented by the Benelux
many times as the reserve allows ; whereas the initial and               Economic Union , any operation relating to the
additional shares must be valid until the end of the quota               administration of the quota shares allocated to that
period ; whereas this method of administration requires                  economic union may be carried out by any of its
close cooperation between the Member States and the                      members ,
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;                         HAS ADOPTED THIS REGULATION :
                                                                                                     Article 1
Whereas if, at a given date in the quota period , a
substantial quantity remains unused in any Member State ,                From 1 January to 31 December 1987 the customs
it is essential that that Member State should return a                   duty applicable in the Community , as constituted on
significant proportion to the reserve to prevent a part of               31 December 1985 , on the following products , shall be
any tariff quota from remaining unused in one Member                     suspended at the level and within the limits of a
State when it could be used in others ;                                  Community tariff quota as shown herewith :
                                                                                                          Amount of     Tariff quota
                      CCT heading
    Order No
                           No
                                                                  Description                             tariff quota      duty
                                                                                                            ( tonnes )      (% )
    09.1203      ex 20.06 B II c ) 1 aa ) Apricot pulp originating in Tunisia                                 4 300         11,9
                             Article 2                                    2 . If, after its initial share has been used up , 90 % or
                                                                          more of the second share drawn by a Member State has
 1 . A first instalment amounting to 2 050 tonnes of the                  been used up , then that Member State shall , in accordance
Community tariff quota referred to in Article 1 , shall be                with the conditions laid down in paragraph 1 , draw a third
allocated among the Member States ; the shares which ,                    share equal to 7,5 % of its initial share.
subject to Article 5 , shall be valid until 31 December 1987 ,
shall be as follows :                                                     3 . If, after its second share has been used up , 90 % or
                                                     (tonnes)
                                                                          more of the third share drawn by a Member State has been
                                                                          used up , that Member State shall , in accordance with the
         Benelux                                        50
                                                                          conditions laid down in paragraph 1 , draw a fourth share
         Denmark                                        50
                                                                          equal to the third .
         Germany                                        90
         Greece                                         10
                                                    1 600
                                                                          This process shall continue until the reserve is used up .
         France
         Ireland                                        50
                                                                          4 . By way of derogation from paragraphs 1 , 2 and 3 , a
         Italy                                          50
                                                                          Member State may draw shares smaller than those fixed in
         United Kingdom                                150
                                                                          those paragraphs if there are grounds for believing that
                                                                          they might not be used up . It shall inform the Commission
 2 . The second instalment amounting to 2 250 tonnes shall                of its reasons for applying this paragraph .
 constitute the reserve .
                                                                                                      Article 4
                              Article 3
                                                                          The additional shares drawn pursuant to Article 3 shall be
                                                                          valid until 31 December 1987 .
 1.  If 90 % or more of a Member State's initial share as
 specified in Article 2 ( 1 ), or 90 % of that share minus the
 portion returned to the reserve where Article 5 has been
 applied , has been used up , then , to the extent permitted by
 the amount of the reserve , that Member State shall                                                  Article 5
 forthwith , by notifying the Commission , draw a second
 share equal to 15 % of its initial share , rounded up where              The Member States shall return to the reserve , not later
 necessary to the next unit .                                             than 1 October 1987 , such unused portion of their initial
 ---pagebreak---  No L 374 / 6                             Official Journal of the European Communities                                 31 . 12 . 86
 share as , on 15 September 1987 , is in excess of 20 % of the       are opened in such a way that imports may be charged
 initial volume. They may return a larger quantity if there          without interruption against their accumulated shares of
 are grounds for believing that this quantity may not be             the tariff quota .
 used .
                                                                     2 . The Member States shall ensure that importers of the
 The Member States shall notify the Commission , not later           products in question have free access to the shares allocated
than 1 October 1987 , of the total quantities of the products        to them .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial          3 . The Member States shall charge the imports of the
shares returned to the reserves .                                    products concerned against their shares as and when the
                                                                     products are entered with customs authorities for free
                                                                     circulation .
                           Article 6
The Commission shall keep an account of the shares
                                                                     4 . The extent to which a Member State has used up its
opened by the Member States pursuant to Articles 2 and 3
                                                                     share shall be determined on the basis of the imports
                                                                    charged in accordance with paragraph 3 .
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .
                                                                                              Article 8
It shall inform the Member States , not later than 5 October
1987, of the amount in the reserve after quantities have            At the Commission's request, the Member States shall
been returned thereto pursuant to Article 5 .                       inform it of imports actually charged against their shares.
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end ,                                     Article 9
notify the amount of that balance to the Member State
making the last drawing .                                           The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
                           Article 7
                                                                                              Article 10
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3           This Regulation shall enter into force on 1 January 1987.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 16 December 1986 .
                                                                                        For the Council
                                                                                          The President
                                                                                            G. HOWE