CELEX: 31985R3137
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3137/85 of 22 October 1985 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 Israel (1986)

16 . 11 . 85                             Official Journal of the European Communities                                 No L 304 / 23
                                         COUNCIL REGULATION ( EEC) No 3137/ 85
                                                        of 22 October 1985
               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 Israel ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Whereas , during the last three years for which statistics
                                                                      are available , the corresponding imports by each of the
                                                                      Member States represent the following percentages of total
                                                                      imports of the product in question originating in Israel :
Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 113
                                                                                 Member State            1982      1983      1984
 thereof,
                                                                      Benelux                             37       100        100
                                                                      Denmark                             —         —         —
Having regard to the proposal from the Commission ,                   Germany                             63        —         —
                                                                      Greece                              —         —         —
                                                                      France                              —         —         —
                                                                      Ireland                             —         —         —
Whereas the Agreement between the European Economic                   Italy                               —         —         —
Community and the State of Israel ( x ), provides for the             United Kingdom                      —         —         —
opening by the Community of an annual Community tariff
quota of 150 tonnes of apricot pulp falling within
subheading ex 20.06 B II c) 1 aa ) of the Common Customs
Tariff and originating in Israel ; whereas the customs duties         Whereas these data cannot be considered as representative
applicable to the quota are equal to 70 % of the customs              to serve as a basis for allocation of the quota volume
duties actually applied to non-member countries ; whereas             among the Member States ; whereas it is difficult to
the Community tariff quota in question should therefore be            estimate imports by Member States for 1986 because of the
opened for 1986 ;                                                     situation in previous years ; whereas to allocate the quota
                                                                      volume on a fair basis , the approximate percentages of
                                                                      initial quota shares may be fixed as follows :
Whereas , since a Protocol as provided for in Articles 179                    Benelux                                   74,8
and 366 of the Act of Accession of Spain and Portugal does                    Denmark                                     1,7
not exist, the Community must adopt the measures referred
to in Articles 180 and 367 of that Act ; whereas the tariff                   Germany                                     1,7
                                                                              Greece                                      1,7
measure concerned will , there , apply to the Community of                    France
Ten ;                                                                                                                     1,7
                                                                              Ireland                                     1,7
                                                                              Italy                                       1,7
                                                                              United Kingdom                            15,0
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted Application                Whereas , in order to take into account import trends for
of the rate laid down for that quota to all imports of the            the products concerned in the various Member States, the
products concerned into all Member States until the quota             quota amount should be divided into two instalments , the
has been used up ; whereas , having regard to the above               first being shared among the Member States and the second
principles , the Community nature of the quota can be                 constituting a reserve to cover at a later date the
respected by allocating the Community tariff quota among              requirements of the Member States which have used up
the Member States ; whereas , in order to reflect as                  their initial quota shares ; whereas , in order to give
accurately as possible the true trend of the market in the            importers in each Member State a certain degree of
products in question , such allocation should be in                   security , the first instalment of the Community quota
proportion to the requirements of the Member States ,                 should under the circumstances be fixed at 80 % of the
calculated by reference to the statistics for imports from            quota volume;
Israel over a representative reference period and also to 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
                                                                      State which has almost used up its initial quota share
(>) OJ No L 136 , 28 . 5 . 1975 , p. l .                              should draw an additional share from the reserve ; whereas
 ---pagebreak--- No L 304 / 24                           Official Journal of the European Communities                                   16 . 11 . 85
this must be done by such Member State as when each of             2 . The second instalment amounting to 30 tonnes shall
its additional shares is almost used up , and repeated as          constitute the reserve .
many times as the reserve allows ; whereas the intitial and
additional share must be valid until the end of the quota
period ; whereas this method of administration requires                                        Article 3
close cooperation between the Member States and the
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been              1.   If 90 % or more of a Member State's initial share as
used up and to inform the Member States thereof;                   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
Whereas if, at a given date in the quota period , a
                                                                   the amount of the reserve , that Member State shall
substantial quantity remains unused in any Member State ,
it is essential that that Member State should return a             forthwith , by notifying the Commission , draw a second
                                                                   share equal to 15 % of its initial share , rounded up where
significant proportion to the reserve to prevent a part of
any tariff quota from remaining unused in one Member               necessary to the next unit .
State when it could be used in others ;
                                                                   2 . If, after its initial share has been used up , 90 % or
Whereas , since the Kingdom of Belgium , the Kingdom of            more of the second share drawn by a Member State has
the Netherlands and the Grand Duchy of Luxembourg are              been used up , then , to the extent permitted by the amount
united within and jointly represented by the Benelux               of the reserve , that Member State shall , in accordance with
Economic Union , any operation relating to the                     the conditions laid down in paragraph 1 , draw a third
administration of the quota shares allocated to that               share equal to 7,5 % of its initial share , rounded up where
economic union may be carried out by any of its                    necessary to the next unit .
members ,
                                                                   3 . If, after its second share has been used up , 90 % or
                                                                   more of the third share drawn by a Member State has been
                                                                   used up , that Member State shall , in accordance with the
                                                                   conditions laid down in paragraph 1 , draw a fourth share
HAS ADOPTED THIS REGULATION :
                                                                   equal to the third .
                            Article 1                              This process shall continue until the reserve is used up .
1 . From 1 January to 31 December 1986 , a Community               4 . By way of derogation from paragraphs 1 , 2 and 3 , a
of Ten tariff quota of 150 tonnes shall be opened in the           Member State may draw shares smaller than those fixed in
Community for apricot pulp falling within subheading               those paragraphs if there are grounds for believing that
ex 20.06 B II c) 1 aa ) of the Common Customs Tariff               they might not be used up . It shall inform the Commission
and originating in Israel .                                        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                                      Article 4
suspended at a rate of 11,9 % .
                                                                   The additional shares drawn pursuant to Article 3 shall be
                                                                   valid until »31 December 1986 .
                            Article 2
1 . A first instalment amounting to 120 tonnes of the                                          Article 5
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the respective shares
which , subject to Article 5 , shall be valid until                The Member States shall return to the reserve , not later
31 December 1986 shall be as follows :                             than 1 October 1986 , such unused portion of their initial
                                                                   share as , on 15 September 1986 , is in excess of 20 % of the
                                                  (tonnes)
                                                                   initial volume . They may return a larger quantity if there
                                                                   are grounds for believing that this quantity may not be
       Benelux                                       90
                                                                   used .
       Denmark                                        2
       Germany                                        2
       Greece                                         2            The Member States shall notify the Commission , not later
       France                                         2            than 1 October 1986 , of the total quantities of the products
       Ireland                                        2           #in question imported up to 15 September 1986 and charged
       Italy                                          2            against the tariff quota and of any quantity of the initial
       United Kingdom                                18            shares returned to the reserve .
 ---pagebreak--- 16 . 11 . 85                             Official Journal of the European Communities                            No L 304 / 25
                            Article 6                               3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
The Commission shall keep an account of the shares                  products are entered with customs authorities for free
opened by the Member States pursuant to Article 2 and 3             circulation .
and , as soon as it is notified, shall inform each Member
State of the extent to which the reserve has been used up .         4 . The extent to which a Member State has used up its
                                                                    share shall be determined on the basis of the imports
It shall inform the Member States , not later than 5 October        charged in accordance with paragraph 3 .
1986 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve                                    Article 8
does not exceed the balance available and , to this end ,
notify the amount of the balance to the Member State                At the Commission's request the Member States shall
making the last drawing .                                           inform it of imports actually charged against their shares.
                            Article 7
                                                                                               Article 9
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3           The Member States and the Commission shall cooperate
are opened in such a way that imports may be charged                closely to ensure that this Regulation is complied with .
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the                                      Article 10
products in question have free access to the shares allocated
to them .                                                           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 Luxembourg, 22 October 1985 .
                                                                                        For the Council
                                                                                          The President
                                                                                            J. F. POOS