CELEX: 31978R1132
Language: en
Date: 1978-05-22 00:00:00
Title: Council Regulation (EEC) No 1132/78 of 22 May 1978 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 Turkey

30. 5 . 78                            Official Journal of the European Communities                             No L 142/41
                                      COUNCIL REGULATION (EEC) No 1132/78
                                                     of 22 May 1978
              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 Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Turkey over a representative reference period and to the
                                                                  economic outlook for the quota period concerned;
Having regard to the Treaty establishing the European             Whereas, during the last three years for which statistics
Economic Community, and in particular Articles 43 and             are available, the corresponding imports of each
113 thereof,                                                      Member State from Turkey have been negligible or
                                                                  non-existent; whereas those data cannot therefore be
                                                                  considered as representative to serve as a basis for allo­
Having regard to the proposal from the Commission,                cation of the quota volume among the Member States ;
                                                                  whereas it is difficult to estimate imports by Member
                                                                  States because of the absence of truly representative
                                                                  figures for previous years; whereas, consequently, the
Having regard to the opinion of the European Parlia­              only solution seems to be to allocate part of the quota
ment (*),                                                         volume to the Community reserve and to allocate one
                                                                  seventh of the balance to the Benelux countries, Den­
                                                                  mark, Germany, France, Ireland, Italy and the United
Whereas Article 13 of Council Regulation (EEC) No                 Kingdom;
1180/77 of 17 May 1977 on imports into the Commun­
ity of certain agricultural products originating in Turkey
(2) provides for the opening by the Community, with               Whereas the initial shares may be used up fairly quick­
effect from 1 July 1977, of an annual Community tariff            ly; whereas, therefore, to avoid disruption of supplies
quota of 90 tonnes for apricot pulp falling within sub­           any Member State which has almost used up its initial
heading ex 20.06 B II c) 1 aa) of the Common Customs              share shall draw a supplementary share from the
Tariff, originating in Turkey; whereas the customs                Community reserve; whereas this must be done by each
duties applicable within the limits of that tariff quota          Member State as each one of its supplementary shares is
correspond to 70 % of the customs duties actually ap­             almost used up, and as many times as the reserve al­
plied in respect of non-member countries; whereas the             lows ; whereas the initial and supplementary shares must
tariff quota in question should therefore be opened for           be valid until the end of the quota period; whereas this
the abovementioned volume for the period 1 July 1978              form of administration requires close collaboration
to 30 June 1979 ;                                                 between the Member States and the Commission, and
                                                                  the Commission must be in a position to follow the
                                                                  extent to which the tariff quota has been used up and
                                                                  inform the Member States thereof;
Whereas it is in particular necessary to guarantee all
importers of the Community equal and uninterrupted
access to the quota and uninterrupted application of the
rates laid down for that quota to all imports of the              Whereas if at a given date in the quota period a con­
product in question into the Member States until the              siderable quantity of a share remains in any Member
quota has been used up; whereas having regard to the              State, it is essential that that State should return a sig­
above principles the Community nature of the quota                nificant proportion to the reserve in order to avoid part
can be respected by allocating the tariff quota among             of the Community quota remaining unused in one
the Member States ; whereas, to reflect most accurately           Member State when it could be used in others;
the actual development of the market in the products in
question, such allocation should be in proportion to the
requirements of the Member States, assessed by refer­
ence both to the statistics relating to imports from              Whereas, since the Kingdom of Belgium, the Kingdom
                                                                  of the Netherlands and the Grand Duchy of Luxem­
                                                                  bourg are united within and jointly represented by the
                                                                  Benelux Economic Union, any measure concerning the
 H OJ No C 108, 8 . 5 . 1978 , p. 57.                              administration of the shares allocated to that economic
 (2) OJ No L 142, 9. 6. 1977, p. 10.                               union may be carried out by any one of its members,
 ---pagebreak--- No L 142/42                           Official Journal of the European Communities                                 30. 5 . 78
HAS ADOPTED THIS REGULATION :                                    with the same conditions, draw a fourth share equal to
                                                                 the third.
                          Article 1                              This process shall continue to apply until the reserve is
                                                                 used up.
1 . From 1 July 1978 until 30 June 1979, a Community
tariff quota of 90 tonnes shall be opened in the Com­
munity for apricot pulp falling within subheading ex             4 . By way of derogation from paragraphs 1 to 3 , a
20.06 B II c) 1 aa) of the Common Customs Tariff,                Member State may draw shares smaller than those fixed
originating in Turkey.                                           in those paragraphs if there are grounds for believing
                                                                 that those fixed may not be used up. It shall inform the
                                                                 Commission of its reasons for applying this paragraph.
2. Within the limits of this tariff quota, the Common
Customs Tariff duty applicable to these products shall
be partially suspended at a rate of 11-9 % .                                               Article 4
                                                                 Supplementary shares drawn pursuant to Article 3 shall
                          Article 2                              be valid until 30 June 1979.
1 . A first instalment of 70 tonnes shall be allocated
among the Member States ; the respective shares of the                                     Article 5
Member States which, subject to Article 5 , shall be valid
from 1 July 1978 to 30 June 1979, shall be as follows :          The Member States shall return to the reserve, not later
                                                                 than 1 April 1979, the unused portion of their initial
                                               (in tonnes)       share which, on 15 March 1979, is in excess of 20 % of
        Benelux                                   10             the initial amount. They may return a larger quantity if
        Denmark                                   10             there are reasons to believe that such quantity might not
        Germany                                   10             be used.
        France                                    10
        Ireland                                   10
        Italy                                     10
                                                                 Member States shall, not later than 1 April 1979, notify
        United Kingdom                            10
                                                                 the Commission of the total quantities of the said goods
                                                                 imported up to and including 15 March 1979 and
2 . The second instalment of 20 tonnes shall be held as          charged against the Community tariff quota and any
the Community reserve.                                           quantities of the initial shares returned to the reserve.
                                                                                           Article 6
                          Article 3
                                                                 The Commission shall keep an account of the shares
1 . If 90 % or more of a Member State's initial share as         opened by the Member States pursuant to Articles 2 and
specified in Article 2 ( 1 ), or of that share minus the         3 and shall, as soon as it has been notified, inform each
portion returned to the reserve where Article 5 is ap­           State of the extent to which the reserve has been used
plied, has been used up, that Member State shall with­           up .
out delay, by notifying the Commission, draw a second
share equal to 15 % of its initial share, rounded up
where necessary to the next unit, to the extent permitted        It shall inform the Member States not later than 5 April
                                                                 1979 of the amount still in reserve after amounts have
by the amount of the reserve.
                                                                 been returned thereto pursuant to Article 5 .
2. If, after its initial share has been used up, 90 % or
more of the second share drawn by a Member State has             It shall ensure that the drawing which uses up the re­
                                                                 serve is limited to the balance available and to this end
been used up, that Member State shall, in accordance
with the conditions imposed by paragraph 1 , draw a
                                                                 shall specify the amount thereof to the Member State
third share equal to 7-5 % of its initial share, rounded         making the last drawing.
up where necessary to the next unit.
                                                                                           Article 7
3 . If, after its second share has been used up, 90 % or
more of the third share drawn by a Member State has              1 . Member States shall take all measures necessary to
been used up, that Member State shall, in accordance             ensure that supplementary shares drawn pursuant to
 ---pagebreak--- 30. 5 . 78                            Official Journal of the European Communities                          No L 142/43
Article 3 are opened in such a way that imports may be                                  Article 8
charged without interruption against their accumulated
shares in the Community tariff quota.                           At the request of the Commission, Member States shall
                                                                 inform it of imports of the products concerned actually
                                                                 charged against their shares.
2. Member States shall ensure that importers of the
said goods established in their territory have free access
to the shares allocated to them.                                                        Article 9
3 . Member States shall charge imports of the said              Member States and the Commission shall cooperate
goods against their shares as and when such goods are           closely in order to ensure that this Regulation is ob­
entered for home use.                                            served.
4. The extent to which a Member State has used up its                                   Article 10
share shall be determined on the basis of imports
charged in accordance with paragraph 3 .                        This Regulation shall enter into force on 1 July 1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 22 May 1978 .
                                                                                   For the Council
                                                                                    The President
                                                                                    K. HEENESEN