CELEX: 31985R3393
Language: en
Date: 1985-11-18
Title: Council Regulation (EEC) No 3393/85 of 18 November 1985 opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and originating in Cyprus (1986)

6 . 12 . 85                               Official Journal of the European Communities                              No L 327 / 27
                                         COUNCIL REGULATION (EEC) No 3393 / 85
                                                      of 18 November 1985
                 opening, allocating and providing for the administration of a Community tariff quota for sweet
                peppers falling within subheading 07.01 S of the Common Customs Tariff and originating in
                                                          Cyprus ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            monitor the rate at which the quota is used up and inform
                                                                     the Member States thereof;
Having regard to the Treaty establishing the European                Whereas , since the Kingdom of Belgium , the Kingdom of
Economic Community , and in particular Article 113                   the Netherlands and the Grand Duchy of Luxembourg are
thereof,                                                             united within and jointly represented by the Benelux
                                                                     Economic Union , any operation relating to the
                                                                     administration of the quota shares allocated to that
Having regard to the proposal from the Commission ,                  economic union may be carried out by any of its
                                                                     members ,
Whereas , in Regulation ( EEC ) No 3700 / 83 0 ), the
Community has established the arrangements applicable to
trade with Cyprus for 1984 ; whereas Article 2 of this               HAS ADOPTED THIS REGULATION :
Regulation provides for the opening of an annual
Community tariff quota of 300 tonnes of sweet peppers ,
falling within subheading 07.01 S of the Common Customs
Tariff and originating in Cyprus , at a rate of customs duty                                   Article 1
equal to 50 % of the customs duty in the Common
Customs Tariff;                                                      1 . From 1 January to 31 December 1986 , the Common
                                                                     Customs Tariff duty , on import into the Community of
                                                                     Ten , for sweet peppers falling within subheading 07.01 S
Whereas, pending the definition of arrangements applicable           of the Common Customs Tariff and originating in Cyprus
beyond 31 December 1984 it is necessary to extend                    shall be partially suspended at 4,5 % within the limits of
provisionally for 1986 the arrangements which the                    the Community tariff quota of 300 tonnes .
Community applies currently to trade with Cyprus on the
basis of the abovementioned Regulation ; whereas the
abovementioned Community tariff quota should be opened               %. If an importer notifies an imminent importation of the
for the period 1 January to 31 December 1986 ;                       product in question in a Member State and requests the
                                                                     benefit of the quota , the Member State concerned shall
                                                                     inform     the   Commission      and  draw     an   amount
Whereas , in the absence of a protocol such as that provided         corresponding to these requirements to the extent that the
for in Articles 179 and 366 of the Act of Accession of Spain         available balance of the reserve permits this.
and Portugal , the Community must take the measures
referred to in Articles 180 and 367 of the said Act ; whereas
the tariff measure in question therefore applies to the              3 . The shares drawn pursuant to paragraph 2 shall be
Community of Ten ;                                                   valid until the end of the quota period .
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access to                                          Article 2
the abovementioned quota and uninterrupted application
of the rates laid down for that quota to all imports of the          1 . Member States shall take all appropriate measures to
products concerned into all Member States until the quota            ensure that their drawings pursuant to Article 1 ( 2 ) are
has been used up ; whereas , in the present case , it seems          carried out in such a way that imports may be charged
advisable not to allocate this quota among the Member                without interruption against their accumulated shares of
States without prejudice to the drawing against the quota            the Community quota .
volume of such quantities as they may need , under the
conditions and according to the procedure specified in               2 . Each Member State shall ensure that importers of the
Article 1 ( 2 ); whereas this method of management requires
                                                                     said goods have access to the quota so long as the residual
close cooperation between the Member States and the
                                                                     balance of the quota volume so permits .
Commission and the latter must , in particular , be able to
                                                                     3 . Member States shall charge imports of the said goods
                                                                     against their drawings as and when the goods are entered
H OJ No L 369 , 30 . 12 . 1983 , p. 1 .                              for free circulation .
 ---pagebreak--- No L 327 / 28                         Official Journal of the European Communities                                  6 . 12 . 85
4 . The extent to which the quota has been used up shall                                  Article 4
be determined on the basis of the imports charged in
accordance with paragraph 3 .                                    The Member States and the Commission shall collaborate
                                                                 closely in order to ensure that this Regulation is complied
                                                                 with .
                         Article 3
                                                                                           Article 5
At the request of the Commission , Member States shall
inform it of imports actually charged against the quota .        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 Brussels , 18 November 1985 .
                                                                                     For the Council
                                                                                       The President
                                                                                      M. FISCHBACH