CELEX: 31975R1628
Language: en
Date: 1975-06-26 00:00:00
Title: Regulation (EEC) No 1628/75 of the Council of 26 June 1975 on the opening, allocation and 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

28 . 6 . 75                              Official Journal of the European Communities                           No L 165/ 11
                               REGULATION (EEC) No 1628/75 OF THE COUNCIL
                                                         of 26 June 1975
              on the opening, allocation and 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
THE COUNCIL OF THE EUROPEAN
                                                                    Whereas, during the past three years for which statis­
COMMUNITIES,
                                                                    tics are available, the corresponding imports of each
                                                                    Member State represent the following percentages as
                                                                    against the imports into the Community from Israel
                                                                    of the products concerned :
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Articles 43
and 113 thereof ;                                                                          1971         1972          1973
                                                                    Benelux              . —
                                                                                                         —
                                                                                                                  58-6 (= 58
 Having regard td the proposal from the Commission ;                                                              metric tons)
                                                                    Denmark                 —            —             —
                                                                    Germany                •—
                                                                                                    43-3 (= 13
 Having regard to the Opinion of the European Parlia­                                               metric tons)
 ment (') ;                                                         France                  —            —             —
                                                                    Ireland                 —
                                                                                                      .  —
                                                                                                                       —
Whereas the Agreement (2) between the European                      Italy                   —            —             —
 Economic Community and the State of Israel, signed                 United Kingdom     100 (= 91 56-7 (= 17 41-4 (= 41
on 11 May 1975, provides in Article 10 of Protocol 1                                   metric tons) metric tons) metric tons)
annexed thereto for the opening by the Community
of an annual Community tariff quota of 150 metric
tons of apricot pulp falling within subheading ex
 20.06 B II c) 1 aa) of the Common Customs Tariff,
                                                                    Whereas these data cannot be considered as represen­
originating in Israel ; whereas the customs duties appli­
                                                                    tative to serve as a basis for allocation of the quota
cable to the quota are equal to 70 % of the customs
                                                                    volume among the Member States ; whereas it is diffi­
duties actually applied to non-member countries •
whereas if the quota period does not cover a full                   cult to estimate imports by Member States for 1975
calendar year the quota opened must be proportionate                because of the absence of any pattern in previous
to the period involved ; whereas since the above Agree­             years ; whereas to allocate the quota volume on a fair
ment will enter into force on 1 July 1975, a Commu­                 basis, the initial quota shares may be fixed approxi­
nity tariff quota of 75 metric tons should therefore be             mately as follows :
opened ;
                                                                            Benelux                              14 %
                                                                            Denmark                               2 %
Whereas it is in particular necessary to ensure to all                      Germany                              20 %
importers of the Member States equal and uninter­                           France                                6 %
rupted access to the quota and uninterrupted applica­                       Ireland                               2 %
tion of the rate laid down for that quota to all imports                    Italy                                 8 %
of the product in question into all Member States                           United Kingdom                       48 %
until the quota has been used up ; whereas having
regard to the above principles the Community nature
of the quota can be ' respected by allocating the tariff
quota among the Member States ; whereas, to reflect                 Whereas, to take account of future import trends in
most accurately the actual development of the market                the various Member States for the products concerned,
in the products in question , such allocation should be             the quota volume should be divided into two instal­
in proportion to the requirements of the Member                     ments, the first being allocated among the Member
                                                                    States and the second held as a reserve intended to
States, assessed by reference both to the statistics
relating to imports from Israel over a representative               cover at a later date the requirements of Member
reference period and to the economic outlook for the               States which have used up their initial share ; whereas,
quota period concerned ;                                            in order to ensure a certain degree of security to
                                                                    importers of each Member State, the first instalment
(>) OJ No C 128 , 9 . 6 . 1975, p . 38 .                            of the Community tariff quota could be fixed at 66 %
(-') OJ No L 136, 28 . 5 . 1975, p . 3 .                           of the quota volumes ;
 ---pagebreak---  No L 165/ 12                       Official Journal of the European Communities                               28 . 6. 75
Whereas the initial shares may be used up sooner or           be allocated among the Member States ; the shares
 later ; whereas, in order to take this fact into account     which, subject to Article 5, shall be valid until 31
and to avoid any break in continuity, it is important          December 1975, shall be as follows :
that any Member State which has used up almost all
of its initial share should draw a supplementary share
                                                                       Benelux                             7 metric tons,
from the reserve ; whereas this must be done by each
Member State if each of its supplementary shares is                    Denmark                             1 metric ton ,
almost used up, and as many times as the reserve                       Germany                            10 metriq tons,
                                                                       France                              3 metric tons,
allows ; whereas each initial and supplementary share
                                                                       Ireland                             1 metric ton ,
must be valid until the end of the quota period ;
whereas this form of administration requires close                     Italy                               4 metric tons,
collaboration      between   Member     States  and   the              United Kingdom                    24 metric tons.
Commission, and the Commission must be in a posi­
tion to follow the extent to which the tariff quotas          2.     A second instalment of 25 metric tons shall
have been used up and inform the Member States                constitute the reserve .
thereof ;
                                                                                          Article 3
Whereas if, at a given date in the quota period, a
considerable quantity of the initial share remains in          1 . If 90 % or more of any Member State's initial
any Member State, it is essential that that State should      share as laid down in Article 2 ( 1 ), or 90 % of that
return a significant proportion to the reserve in order       share less the amount returned into the reserve, where
to avoid part of the Community quota remaining                Article 5 has been applied, has been exhausted, that
unused in one Member State when it could be used in
                                                              Member State shall without delay, by notifying the
others ;
                                                              Commission, draw a second share in the quota equal
                                                              to 1 5 % of its initial share, rounded up to the next
Whereas, since the Kingdom of Belgium, the                    unit, where appropriate, to the extent that the amount
Kingdom of the Netherlands and the Grand Duchy of             in the reserve allows .
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning           2.     If after its initial share has been exhausted, 90 %
the administration of the shares granted to the above­        or more of the second share drawn by a Member State
mentioned Economic Union may be carried out by                has been used, that Member St&te shall, in accordance
any of its members,                                           with the conditions laid down in paragraph 1 , draw a
                                                              third share, equal to 7-5 % of its initial share.
                                                              3.     If after its second share has been exhausted,
HAS ADOPTED THIS REGULATION :
                                                              90 % or more of the third share drawn by a Member
                                                              State has been used, that Member State shall , in accor­
                                                              dance with the same conditions, draw a fourth share
                                                              equal to the third.
                         Article 1
                                                              This process shall be applied until the reserve is
1.      From 1 July to 31 December 1975, a Commu­             exhausted .
nity tariff quota of 75 metric tons shall be opened in
the Community for apricot pulp falling within                 4.     Notwithstanding the provisions of paragraphs 1
                                                              to 3, Member States may draw smaller shares than
subheading ex 20.06 B II c) 1 aa) of the Common
Customs Tariff, Originating in Israel .
                                                              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
2. Within the limits of this tariff quota the                 applying this paragraph .
Common Customs Tariff duty applicable to these
products shall be suspended at a rate of 11*9 % .
                                                                                          A rticle 4
3.     Within the limits of this tariff quota the new         Additional shares drawn pursuant to Article 3 shall be
Member States shall apply duties calculated in accor­         valid until 31 December 1975 .
dance with the provisions of Protocol 1 annexed to
the Agreement between the Community and the State                                         Article 5
of Israel and those of the Act of Accession .
                                                              The Member States shall, not later than 15 November
                                                              1975, return to the reserve the unused portion of their
                         Article 2                            initial share which , on 1 November 1975, is in excess
                                                              of 20 % of the initial amount. It may return a larger
1.     A   first instalment of  50  metric   tons  of the     quantity if there are reasons to consider that such
Community tariff quota referred to in Article 1 shall         quantity may not be used .
 ---pagebreak--- 28 . 6. 75                         Official Journal of the European Communities                         No L 165/ 13
The Member States shall, not later than 15 November          2. Member States shall ensure that importers of the
1975, notify the Commission of the total imports of          said products established in their territory have free
the products concerned effected under the Commu­              access to the shares allocated to them .
nity quota up to 1 November 1975 inclusive, and
where appropriate, the proportion of their initial           3 . The Member States shall charge imports of the
shares that they are returning to the reserve.               said goods against their shares as and when such
                                                             goods are entered for home use under cover of a decla­
                        Article 6                             ration that they have been made available for
                                                             consumption .
The Commission shall keep account of the shares
opened by the Member States in accordance with Arti­         4.     The extent to which a Member State has used up
cles 2 and 3, and shall inform each of them of the            its share shall be determined on the basis of the
extent to which the reserve has been used as soon as it       imports charged in accordance with paragraph 3 .
receives the notifications .
The Commission shall, not later than 20 November                                        Article 8
1975, notify the Member States of the state of the            Member     States   shall  inform   the Commission    at
reserve after the return of shares pursuant to Article 5.
                                                              regular intervals of imports actually charged against
The Commission shall ensure that any drawing which            their shares .
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof                                 Article 9
to the Member State which makes the final drawing.
                                                             The Member States and the Commission shall coop­
                        Article 7                             erate closely in order to ensure that this Regulation is
                                                              observed .
1.    The Member States shall take all measures neces­
sary to ensure that supplementary shares drawn
pursuant to Article 3 are opened in such a way that                                    Article 10
changes may be made without interruption against
their accumulative shares of the Community quota .            This Regulation shall enter into force on 1 July 1975.
              Done at Luxembourg, 26 June 1975 .
                                                                          For the Council
                                                                             The President
                                                                               P. BARRY
                                                                                                          /