Council Regulation (EC) No 851/95 of 10 April 1995 opening and providing for the administration of a Community tariff quota for table cherries originating in Switzerland

COUNCIL REGULATION (EC) No 851/95 of 10 April 1995 opening and providing for the  administration of a Community tariff quota for table cherries originating in Switzerland
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof,
Having regard to the proposal from the Commission,
Whereas, in the Agreement concluded between the Community and Switzerland, and approved by Decision  86/559/EEC  (1), the Community undertook to open each year, subject to certain conditions, a  Community tariff quota at zero rate of duty for table cherries originating in this country; whereas  this tariff quota should be opened, and, where necessary, the conditions of eligibility laid down  should be specified; whereas, for reasons of simplification, provision should be made to empower  the Commission to give effect, following receipt of the opinion of the Customs Code Committee, to  necessary amendments and technical adaptations of this Regulation arising from amendments of the  combined nomenclature and Taric codes and to adaptations of the volume, periods and quota rate  arising from decisions by the Council;
Whereas the tariff quota provided in the Agreement in question relates to an indefinite period and  accordingly, for reasons of efficiency and simplifying the implementation of the measures  concerned, it appears suitable to provide that the application of this Regulation should be placed  on a multiannual footing;
Whereas all Community importers should be ensured equal and continuous access to the said quota and  the duty rate laid down for the quota should be applied consistently to all imports of the product  in question into all Member States until the quota is exhausted, during the whole period of  validity of the EEC-Switzerland Agreement;
Whereas the decision for the opening, in the execution of its international obligations, of tariff  quotas should be taken by the Community; whereas, to ensure the efficiency of a common  administration of these quotas, there is no reasonable obstacle to authorizing the Member States to  draw from the quota volumes the necessary quantities corresponding to actual imports; whereas this  method of administration requires close cooperation between the Member States and the Commission  and the latter must in particular be able to monitor the rate at which the quotas are used up and  inform the Member States accordingly,