CELEX: 31987R4089
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4089/87 of 22 December 1987 opening and providing for the administration of a Community tariff quota for sweet, clear-fleshed cherries, marinated in alcohol, falling within code ex 2008 60 39 of the combined nomenclature and intended for the manufacture of chocolate products (1988)

No L 382 /24                                   Official Journal of the European Communities                                      31 . 12 . 87
                                             COUNCIL REGULATION (EEC) No 4089/87
                                                              of 22 December 1987
                    opening and providing for the administration of a Community tariff quota for sweet,
                    clear-fleshed cherries, marinated in alcohol, falling within code ex 2008 60 39 of the
                    combined nomenclature and intended for the manufacture of chocolate products (1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                         Communities (TARIC); whereas, with effect from that
                                                                                 date, the combined nomenclature and, where appro­
                                                                                 priate, the TARIC code numbers, should be used for the
Having regard to the Treaty establishing the European                            description of the products covered by this Regulation ;
Economic Community, and in particular Article 28
thereof,
                                                                                 Whereas it is in particular necessary to allow all
                                                                                 Community importers equal and uninterrupted access to
Having regard to the proposal from the Commission,                               the quota and to ensure uninterrupted application of the
                                                                                 rates laid down for the quota to all imports of the
Whereas Community production of sweet, clear-fleshed                             products concerned into all Member States until the
cherries marinated in alcohol and intended for the                               quota has been used up ; whereas, in the present case, it
manufacture of confectionery (in particular chocolate                            seems advisable not to allocate this quota among the
products) is currently insufficient to meet the                                  Member States but to allow them to draw against the
requirements of the user industries in the Community;                            quota volume such quantities as they may need, under
whereas the Community depends to a considerable                                  the conditions and according to the procedure specified
extent on imports from third countries for its supplies of                       in Article 1 (2); whereas this method of administration
products of this type ; whereas it is in the Community's                         requires close cooperation between the Member States
interest to suspend partially the customs duty for the                           and the Commission and the latter must, in particular, be
products in question, within a Community tariff quota of                         able to monitor the rate at which the quota is being used
an appropriate volume ; whereas, in order not to interfere                       up and inform the Member States accordingly;
with the prospects for developing production in the
Community and at the same time ensure an adequate                                Whereas, since the Kingdom of Belgium, the Kingdom
supply to satisfy user industries, it is advisable that the                      of the Netherlands and the Grand Duchy of
tariff quota should cover only products which meet                               Luxembourg are united within, and jointly represented
certain criteria relating to use, to open the quota for the                      by, the Benelux Economic Union, all transactions
period 1 January to 31 December 1988 , and to set the                            concerning the administration of shares allocated to that
volume at 3 000 tonnes, this being the quantity it is                            economic union may be carried out by any of its
necessary to import from third countries during that                             members,
period, and to set the quota duty at 10 % ;
                                                                                 HAS ADOPTED THIS REGULATION :
Whereas the Community has adopted, with effect from 1
January 1988 , a combined nomenclature for goods
which meets the requirements of the Common Customs                                                           Article 1
Tariff and the nomenclature of goods for the external
trade statistics of the Community and statistics of trade                         1 . From 1 January to 31 December 1988 the customs
between Member States ; whereas, in order to accom­                              duties applicable to imports of the products specified
modate specific Community rules, this nomenclature has                           below shall be suspended at the level indicated and
 been expanded into an integrated tariff of the European                         within the limits of a Community tariff quota as follows :
     Order No           CN code                                    Description
                                                                                                           Volume of quota  Rate of duty
                                                                                                               (tonnes)         (0/0)
     09.2713         ex 2008 60 39        Sweet, clear-fleshed cherries, marinated in alcohol, of               3 000            10
                                          a diameter not exceeding 18,9 mm, stoned, intended
                                          for the manufacture of chocolate products (')
 (') Checks on their prescribed end-use shall be carried out pursuant to the relevant Community provisions.
 ---pagebreak--- 31 . 12 . 87                           Official Journal of the European Communities                           No L 382 /25
Within the limits of this tariff quota, Spain and Portugal        3. Member States shall charge imports of the product
shall apply customs duties calculated in accordance with          concerned against the amounts they have drawn as and
the relevant provisions in the 1985 Act of Accession.             when the goods are entered for free circulation.
2.    If an importer indicates that he is about to import
the product in question into a Member State and applies           4 . The extent to which the quota has been used up
to use the quota, the Member State concerned shall                shall be determined on the basis of the imports charged
inform the Commission and draw an amount corre­                   in accordance with paragraph 3.
sponding to its requirements to the extent that the
available balance of the reserve so permits .                                             Article 3
3. The shares drawn pursuant to paragraph 2 shall be              At the request of the Commission, Member States shall
valid until the end of the quota period.                          inform it of imports actually charged against the quota.
                          Article 2
                                                                                          Article 4
 1.    Member States shall take all appropriate measures
to ensure that they draw from the quota in accordance             The Member States and the Commission shall cooperate
with Article 1 (2) in such a way that imports may be              closely in order to ensure that this Regulation is
charged without interruption against their accumulated            complied with.
shares of the Community quota.
2. Each Member State shall ensure that importers of                                       Article 5
the product concerned have access to the quota so long
as the residual balance of the quota volume so permits .          This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 22 December 1987 .
                                                                                     For the Council
                                                                                       The President
                                                                                      N. WILHJELM