CELEX: 31976R3038
Language: en
Date: 1976-12-09
Title: Council Regulation (EEC) No 3038/76 of 9 December 1976 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 Israel (1977)

20. 12. 76                            Official Journal of the European Communities                           No L 350/37
                                       COUNCIL REGULATION (EEC) No 3038/76
                                                    of 9 December 1976
              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 Israel ( 1977)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         representative reference period and to the economic
                                                                  outlook for the quota period concerned;
 Having regard to the Treaty establishing the Euro­               Whereas, during the last three years for which sta­
pean Economic Community, and in particular Articles              tistics are available, the corresponding imports of
 43 and 113 thereof,
                                                                 each Member State represent the fallowing percent­
                                                                  ages as against the imports into the Community from
 Having regard to the proposal from the Commission ,              Israel of the products concerned :
                                                                                              1973        1974      1975
 Having regard to the opinion of the European
 Parliament 0 ),
                                                                 Benelux                      58-6       100
                                                                                            (= 58 η   (=■ 25 η
Whereas the Agreement between the European Econ­                 Denmark                       —         ~
                                                                                                                     —
omic Community and the State of Israel (2), signed
on 11 May 1975 provides, in Article 10 of Protocol 1             Germany                       —,
                                                                                                         —
                                                                                                                    —
annexed thereto, for the opening by the Community                France                        —         _
                                                                                                                    —
of an annual Community tariff quota of 150 metric
tons of apricot pulp falling within subheading ex                Ireland                       —         —
                                                                                                                    —
20.06 B II c) 1 aa ) of the Common Customs Tariff,               Italy                         —         —
                                                                                                                    —
originating in Israel ; whereas the customs duties
applicable to the quota are equal to 70% of the                  United Kingdom               41-4       —
customs duties actually applied to non-member                                               (= 4i *)
countries ; whereas the Community tariff quota in
question should therefore be opened for 1977 ;                   (*) metric tons.
Whereas it is in particular necessary to ensure to all           Whereas these data cannot be considered as represen­
importers of the Member States equal and uninter­                tative to serve as a basis for allocation of the quota
rupted access to the quota and uninterrupted appli­              volume among the Member States ; whereas it is
cation of the rate laid down for that quota to all im­           difficult to estimate imports by Member States for
ports of the product in question into all Member                 1977 because of the absence of any pattern in pre­
States until the quota has been used up ; whereas                vious years ; whereas to allocate the quota volume on
having regard to the above principles the Community              a fair basis, the initial quota shares may be fixed
nature of the quota can be respected by allocating               approximately at the following percentages :
the tariff quota among the Member States ; whereas,
to reflect most accurately the actual development of                       Benelux                              7-5
the market in the products in question, such allo­
                                                                           Denmark                              4-2
cation should be in proportion to the requirements of
the Member States, assessed by reference both to the                       Germany                             41-6
statistics relating to imports from Israel over a                          France                               8-3
                                                                           Ireland                              4-2
                                                                          Italy                                 4-2
(') OJ No C 259, 4. 11 . 1976, p. 37.
(*) OJ No L 136, 28 . 5 . 1975, p. 3 .                                     United Kingdom                      30-0
 ---pagebreak--- No L 350/38                         Official Journal of the European Communities                               20. 12. 76
Whereas, to take account of future import trends in            within subheading ex 20.06 B II c) 1 aa) of the
the various Member States for the products con­                Common Customs Tariff, originating in Israel.
cerned, the quota volume should be divided into two
instalments, the first instalment being allocated
among the Member States and the second held as                 2. Within the limits of this tariff quota, the Common
a reserve intended to cover at a later date the require­       Customs Tariff duty applicable to these products
ments of Member States which have used up their                shall be suspended at a rate of 11-9% .
initial share; whereas, in order to ensure a certain
degree of security to importers of each Member                 3 . Within the limits of this tariff quota, the new
State, the first instalment of the Community tariff            Member States shall apply duties calculated in ac­
 quota could be fixed at 80% of the quota volumes ;            cordance with the provisions of the Agreement be­
                                                               tween the Community and the State of Israel and
                                                               those of the Act of Accession .
Whereas the initial shares may be used up sooner or
later; whereas, in order to take this fact into account
 and to avoid any break in continuity, it is important                                   Article 2
 that any Member State which has used up almost all
 of its initial share should draw a supplementary              1 . A first instalment, amounting to 120 metric tons
 share from the reserve ; whereas this must be done            of the Community tariff quota referred to in Article 1 ,
 by each Member State if each of its supplementary             shall be allocated among the Member States; the
 shares is almost used up, and as many times as the            shares, which subject to Article 5 shall be valid until
 reserve allows ; whereas each initial and supplemen­          31 December 1977, shall be as follows :
 tary share must be valid until the end of the quota
 period ; whereas this form of administration requires                  Benelux                     9 metric tons,
 close collaboration between Member States and the
                                                                        Denmark                     5 metric tons,
 Commission, and the Commission must be in a posi­
 tion to follow the extent to which the tariff quotas                   Germany                    50 metric tons,
 have ibeen used up and inform the Member States                        France                     10 metric tons,
 thereof;                                                               Ireland                     5 metric tons,
                                                                        Italy                       5 metric tons,
 Whereas if, at a given date in the quota period, a con­                United Kingdom             36 metric tons.
 siderable quantity of the initial share remains in any
  Member State, it is essential that that State should          2. The second instalment of 30 metric tons shall
  return a significant proportion to the reserve in order       constitute the reserve.
  to avoid part of the Community quota remaining un­
  used in one Member State when it could be used in
                                                                                         Article 3
  others ;
                                                                1 . If 90% or more of any Member State's initial
  Whereas, since che Kingdom of Belgium, the King­              share as laid down in Article 2 ( 1 ), or 90% of that
  dom of the Netherlands and the Grand Duchy of                 share less the amount returned into the reserve,
  Luxembourg are united in and represented by the               where Article 5 has been applied, has been exhausted,
  Benelux Economic Union, any measure concerning                that Member State shall without delay, by notifying
  the administration of the quota shares allocated to           the Commission, draw a second share in the quota
  that economic union may carried out by any of its             equal to 15% of its initial share, rounded up to the
  members,                                                      next unit, where appropriate, to the extent that the
                                                                amount in the reserve allows.
                                                                2. If, after its initial share has been exhausted, 90%
                                                                or more of the second share drawn by a Member
   HAS ADOPTED THIS REGULATION :
                                                                State has been used, that Member State shall, in
                                                                accordance with the conditions laid down in para­
                                                                graph 1 , draw a third share equal to 75% of its
                                                                initial share .
                          Article 1
                                                                3 . If, after its second share has been exhausted, 90%
                                                                or more of the third share drawn by a Member State
   1 . From 1 January until 31 December 1977, a Com­            has been used, that Member State shall, in accord­
   munity tariff quota of 150 metric tons shall be              ance with the same conditions, draw a fourth share
   opened in the Community for apricot pulp falling              equal to the third.
 ---pagebreak--- 20. 12. 76                          Official Journal of the European Communities                           No L 350/39
This process shall be applied until the reserve is             The Commission shall ensure that any drawing
exhausted.                                                     which uses up the reserve is limited to the balance
                                                               available and, for this purpose, shall specify the
4. Notwithstanding the provisions of paragraphs 1              amount thereof to the Member State which makes
to 3, Member States may draw smaller shares than               the final drawing.
those fixed in those paragraphs if there is reason to
believe that these shares might not be used up. They
shall inform the Commission of their reasons for                                          Article 7
applying this paragraph.                                       1 . The Member States shall           take all measures
                                                               necessary to ensure that supplementary shares drawn
                          Article 4                            pursuant to Article 3 are opened in such a way that
                                                               charges may be made without interruption against
Each of the additional shares drawn pursuant to                their accumulative shares of the Community quota.
Article 3 shall be valid until 31 December 1977.
                                                               2. Member States shall ensure that importers of the
                                                               said products established in their territory have free
                                                                access to the shares allocated to them .
                          Article 5
                                                               3 . The Member States shall charge imports of che
The Member States shall, not later than 1 October              said goods against their shares as and when such
1977, return to the reserve the unused portion of              goods are entered for home use under cover of a
their initial share which, on 15 September 1977, is            declaration that they have 'been made available for
in excess of 20% of the initial amount. They may               consumption.
return a greater portion if there are grounds for be­
lieving that such portion may not be used in full.              4. The extent to which a Member State has used up
                                                                its share sshall fee determined on the basis of the
The Member States shall, not later than 1 October               imports charged in accordance with paragraph 3 .
1977, notify the Commission of the total imports
of the products concerned effected under the Com­                                         Article 8
munity quota up to and including 15 September 1977,
and where appropriate, the proportion of their                  On receipt of a request from the Commission, Mem­
initial shares that they are returning to the reserve.          ber States shall inform it of imports actually charged
                                                                against their Shares.
                          Article 6
                                                                                          Article 9
The Commission shall keep account of the sihares
opened by the Member States in accordance with                  The Member States and the Commission shall co­
Articles 2 and 3 and shall inform each of them of the           operate closely in order to ensure that this Regu­
extent to which the reserve has been used as soon as            lation is observed.
 it receives the notifications.
                                                                                          Article 10
The Commission shall, not later than 5 October 1977,
notify the Member States of the state of the reserve           This Regulation shall enter into force on 1 January
after the return of shares pursuant to Article 5 .              1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 December 1976.
                                                                                  For the Council
                                                                                   The President
                                                                                 P. J. J. MERTENS