Council Regulation (EEC) No 4232/88 of 19 December 1988 opening and providing for the administration of Community tariff quotas for sweet peppers, frozen peas and garlic originating in Yugoslavia (1989)

COUNCIL REGULATION (EEC) No 4232/88 of 19 December 1988 opening and providing for the administration of Community tariff quotas for sweet peppers, frozen peas and garlic originating in Yugoslavia (1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 2 of the Additional Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia establishing new trade arrangements (1) provides for the opening of Community tariff  quotas for imports into the Community of:
- 1 200 tonnes of sweet peppers falling within CN code 0709 60 10;
- 1 300 tonnes of frozen peas falling within CN code 0710 21 00; and - 300 tonnes of garlic falling within CN code ex 0703 20 00,
originating in Yugoslavia;
Whereas, within the limits of these tariff quotas, customs duties are to be phased out over the same periods and at the same rates as provided for in Articles 75, 243 and 268 of the Act of Accession of Spain and Portugal; whereas the quota duties for  1989 are equal to 63,6 % of the basic duties for sweet peppers and garlic and 50 % of the basic duty for frozen peas; whereas, however, Council Regulation (EEC) No 4150/87 of 21 December 1987 laying down arrangements for Spain's and Portugal's trade  with Yugoslavia and amending Regulations (EEC) No 449/86 and No 2573/87 (2) provides that those Member States are to postpone application of the preferential arrangements for products covered by Regulation (EEC) No 1035/72 (3), as last amended by  Regulation (EEC) No 1113/88 (4) until 31 December 1989 and 31 December 1990 respectively; whereas this Regulation, therefore, only applies with regard to sweet peppers and garlic to the Community as constituted on 31 December 1985, but with regard to frozen peas it applies to the Community as at present constituted; whereas these Community tariff quotas in question should therefore be opened for  1989;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is  exhausted; whereas, however, the quota should not in this case be allocated among the Member States, without prejudice to the drawing against the quota volume of such quantities as they may need, under the conditions and according to the procedure laid  down in Article 2 (1); 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 quota is used and inform the Member States  accordingly;
Whereas if, during the quota period, the tariff quota is almost totally used up, it is indispensable that Member States return to this quota the entirety of the drawings made which have not been used, in order to avoid one part of the Community tariff  quota remaining unused in one Member State when it could be used in others;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota share levied by that  economic union may be carried out by any one of its members,