CELEX: 31975R3147
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3147/75 of the Council of 24 November 1975 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 (1976)

8 . 12 . 75                            Official Journal of the European Communities                            No L 317/31
                                REGULATION (EEC) No 3147/75 OF THE COUNCIL
                                                     of 24 November 1975
               opening, allocation 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 ( 1976)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         over a representative reference period and to the
                                                                   economic outlook for the quota period concerned ;
Having regard to the Treaty establishing the                       Whereas, during the last three years for which
European Economic Community, and in particular                     statistics are available, the corresponding imports of
Articles 43 and 113 thereof;                                       each Member State represent the following percent­
                                                                   ages as against the imports into the Community
                                                                   from Israel of the products concerned :
Having regard to the proposal from the Commission ;
                                                                                                 1972      1973       1974
Having regard to the Opinion of the European
Parliament (*);                                                    Benelux                                 58-6       100
                                                                                                         (= 58 *)  (= 25 *)
                                                                   Denmark
Whereas the Agreement (2 ) between the European                    Germany                      43-3
Economic Community and the State of Israel, signed                                             - 13 *)
on 11 May 1975, provides in Protocol 1 annexed                     France
thereto for the opening by the Community of an
annual Community tariff quota of 150 metric tons                   Ireland
of apricot pulp, falling within subheading ex 20.06 B              Italy
II c) 1 aa) of the Common Customs Tariff, originat­
ing in Israel ; whereas the customs duties applicable              United Kingdom               56-7       41-4
to the quota are equal to 70% of the customs duties                                           (= 17 *)   (= 41 *)
actually applied to non-member countries ; whereas
the Community tariff quota in question should                      {*) metric tons.
therefore be opened for 1976;
                                                                   Whereas        these data  cannot    be   considered    as
Whereas it is in particular necessary to ensure to all             representative to serve as a basis for allocation of
importers of the Member States equal and uninter­                  the quota volume among the Member States ;
rupted access to the quota and uninterrupted                       whereas it is difficult to estimate imports by Member
application of the rate laid down for that quota to                States for 1976 because of the absence of any pattern
all imports of the product in question into all Mem­               in previous years ; whereas to allocate the quota
ber States until the quota has been used up ; whereas              volume on a fair basis, the initial quota shares may
having regard to the above principles the Community                be fixed approximately at the following percentages :
nature of the quota can be respected by allocating
the tariff quota among the Member States ; whereas,                          Benelux                              15
to reflect most accurately the actual development                            Denmark                               5
of the market in the products in question, such
allocation should be in proportion to the require­                           Germany                              25
ments of the Member States, assessed by reference
                                                                             France                               10
both to the statistics relating to imports from Israel
                                                                             Ireland                               5
                                                                             Italy                                 5
(!) OJ No C 257, 10. 11 . 1975 , p . 39 .
 H OJ No L 136, 28 . 5 . 1975, p. 3 .                                        United Kingdom                       35
 ---pagebreak--- No L 317/32                       Official Journal of the European Communities                               8 . 12 . 75
Whereas, to take account of future import trends in          2. Within the limits of this tariff quota the Common
the various Member States for the products                   Customs Tariff duty applicable to these products
concerned, the quota volume should be divided into           shall be suspended at a rate of 11-9% .
two instalments, the first being allocated among the
Member States and the second held as a reserve               3 . Within the limits of this tariff quota the new
intended to cover at a later date the requirements           Member States shall apply duties calculated in
of Member States which have used up their initial            accordance with the provisions of Protocol 1 annexed
share ; whereas, in order to ensure a certain degree         to the Agreement between the Community and the
of security to importers of each Member State, the           State of Israel and those of the Act of Accession .
first instalment of the Community tariff quota could
be fixed at 66% of the quota volumes ;
                                                                                      Article 2
Whereas the initial shares may be used up sooner
or later; whereas, in order to take this fact into           1 . A first instalment, amounting to 100 metric tons
account and to avoid any break in continuity, it is          of the Community tariff quota referred to in Article 1 ,
important that any Member State which has used               shall be allocated among the Member States ; the
up almost all of its initial share should draw a             shares, which subject to Article 5 shall be valid until
supplementary share from the reserve ; whereas this          31 December 1976, shall be as follows :
must be done by each Member State if each of its
supplementary shares is almost used up, and as many                  Benelux
times as the reserve allows ; whereas each initial and                                          15 metric tons,
supplementary share must be valid until the end of                   Denmark                     5 metric tons,
the quota period ; whereas this form of administration               Germany                    25 metric tons ,
requires close collaboration between Member States                   France                     10 metric tons,
and the Commission , and the Commission must be                      Ireland                     5 metric tons,
in a position to follow the extent to which the
tariff quotas have been used up and inform the                       Italy                       5 metric tons,
Member States thereof;                                               United Kingdom             35 metric tons .
                                                             2. The second instalment of 50 metric tons shall
Whereas if, at a given date in the quota period,             constitute the reserve.
a considerable quantity of the initial share remains
in any Member State, it is essential that that State
should return a significant proportion to the reserve
                                                                                      Article 3
in order to avoid part of the Community quota
remaining unused in one Member State when it
could be used in others ;                                    1 . If 90% or more of any Member State's initial
                                                             share as laid down in Article 2 ( 1 ), or 90% of that
                                                             share less the amount returned into the reserve,
Whereas, since the Kingdom of Belgium, the Kingdom           where Article 5 has been applied, has been exhausted,
of the Netherlands and the Grand Duchy of Luxem­             that Member State shall without delay, by notifying
bourg are united in and represented by the Benelux           the Commission, draw a second share in the quota
Economic Union, any measure concerning the admi­             equal to 15% of its initial share, rounded up to the
nistration of the quota shares allocated to that econ­       next unit, where appropriate, to the extent that the
omic union may carried out by any of its members,            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
                                                             State has been used, that Member State shall, in
 HAS ADOPTED THIS REGULATION :
                                                             accordance with the conditions laid down in para­
                                                             graph 1 , draw a third share, equal to 7-5% 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
                                                             has been used, that Member State shall, in accordance
1 . From 1 January to 31 December 1976 a Com­                with the same conditions, draw a fourth share equal
munity tariff quota of 150 metric tons shall be              to the third .
opened in the Community for apricot pulp, falling
within subheading ex 20.06 B II c) 1 aa) of the              This process shall be applied until the reserve is
Common Customs Tariff, originating in Israel .               exhausted .
 ---pagebreak--- 8 . 12 . 75                          Official Journal of the European Communities                          No L 317/33
4. Notwithstanding the provisions of paragraphs 1 ,             available and for this purpose shall specify the
2 and 3 , the Member States may draw smaller shares             amount thereof to the Member State which makes
than those fixed in those paragraphs if there is reason         the last drawing.
to believe that these shares might not be used up.
They shall inform the Commission of their reasons
for applying this paragraph.                                                            Article 7
                                                                1 . The Member States shall take all measures neces­
                          Article 4                             sary to ensure that supplementary shares drawn
                                                                pursuant to Article 3 are opened in such a way that
 Additional shares drawh pursuant to Article 3 shall            changes may be made without interruption against
be valid until 31 December 1976.                                their accumulative shares of the Community quota.
                                                                2. The Member States shall ensure that importers
                          Article 5                             of the said products established in their territory
                                                                have free access to the shares allocated to them .
The Member States shall, not later than 1 October
 1976, return to the reserve the unused portion of their        3 . The Member States shall charge imports of the
 initial share which, on 15 September 1976, is in               said goods against their shares as and when such
 excess of 20% of the initial amount. They may return           goods are entered for home use under cover of a
a greater portion if there are grounds for believing            declaration that they have been made available for
that such portion may not be used in full.                      consumption.
 The Member States shall, not later than 1 October              4. The extent to which a Member State has used
 1976, notify the Commission of the total imports of            up its share shall be determined on the basis of the
 the products concerned effected under the Commu­               imports charged in accordance with paragraph 3 .
 nity quota up to and including 15 September 1976,
 and where appropriate, the proportion of their initial                                 Article 8
 shares that they are returning to the reserve.
                                                                 On receipt of a request from the Commission,
                          Article 6                             Member States shall inform it of imports actually
                                                                 charged against their shares.
 The Commission shall keep account of the shares
 opened by the Member States in accordance with                                         Article 9
 Articles 2 and 3 and shall inform each of them of the
 extent to which the reserve has been used as soon
                                                                 The Member States and the Commission shall
 as it receives the notifications .
                                                                 cooperate closely in order to ensure that this Regula­
                                                                 tion is observed .
 The Commission shall, not later than 5 October 1976,
 notify the Member States of the state of the reserve
 after the return of shares pursuant to Article 5 .                                    Article 10
 The Commission shall ensure that any drawing                    This Regulation shall enter into force on 1 January
 which uses up the reserve is limited to the balance             1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 24 November 1975 .
                                                                                         For the Council
                                                                                          The President
                                                                                          B. VISENTINI