COUNCIL REGULATION (EEC) No 190/92  of 27 January 1992  opening and providing for the administration of a Community tariff quota for fresh strawberries originating in the Occupied Territories and laying down the procedure applicable to certain  agricultural products subject to reference quantities originating in the said territories (1992)
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 Council Regulation (EEC) No 1134/91 of 29 April 1991 on the tariff arrangements applicable to imports into the Community of products originating in the occupied territories and repealing Regulation (EEC) No 3363/86 (1), and in  particular Articles 2 and 3 thereof,
Having regard to the proposal from the Commission,
Whereas Article 2 of Regulation (EEC) No 1134/91 provides for the elimination of customs duties on imports of the agricultural products set out in Annex II thereto and originating in the Occupied Territories in two equal instalments, on 1 January 1992  and 1 January 1993, and within the periods indicated for each product; whereas, therefore, it is appropriate to open on 1 January 1992 the Community tariff quotas laid down for the said products as, per the pro rata temporis calculation, volumes have  reached the levels indicated in Article 1 and the Annex to this Regulation;
Whereas duties on strawberries falling within CN code 0810 10 90 are eliminated within the limits of a Community tariff quota of 1 200 tonnes;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the quota should be applied consistently to all imports of the products in question into all the Member States until the quota is  exhausted; whereas it is appropriate to take the necessary measures to ensure effective Community administration of this tariff quota while offering the Member States the opportunity to draw from the quota volume the necessary quantities corresponding  to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
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 may be carried  out by any one of its members;
Whereas the products set out in the Annex are subject to Community surveillance within a framework of reference quantities and pre-established timetables;
Whereas, in order to enable the competent authorities within the Commission to establish an annual trade balance sheet for each of the products and, if necessary, to put into application the arrangement provided for in Article 3 (2) of Regulation (EEC)  No 1134/91, these products are subject to a statistical surveillance in accordance with Regulations (EEC) No 2658/81 (2) and (EEC) No 1736/75 (3);
Whereas imports of the products in question are charged against the reference quantities at Community level as and when the products are entered with the customs authorities for free circulation,
The customs duty applicable to imports into the Community of fresh strawberries originating in the occupied territories shall be suspended at the levels indicated below and within the limits of the Community tariff quota as shown below:
Order No  CN code  Description  Amount
of quota
(in tonnes)  Quota duty
(%)             09.1381  0810 10 90  Fresh strawberries from 1 January to 31 March 1992  720  7
The tariff quota referred to in Article 1 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
If an importer presents, in a Member State, a declaration of entry into free circulation including a request for preferential benefit for a product covered by Article 1, and if this declaration is accepted by the customs authorities, the  Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The requests for drawing, with the indication of the date of acceptance of the said declaration, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities required are greater than the available balance of the tariff quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission of the drawings made.
1. Imports into the Community of certain products originating in the occupied territories shall be subject to reference quantities and to a statistical surveillance.
The products referred to in the first subparagraph, their CN codes, the periods of validity and the levels of the reference quantities are set out in the Annex.
2. Quantities shall be charged against the reference quantities as and when products are entered with customs authorities for free circulation and accompanied by a movement certificate. If the movement certificate is submitted a posteriori, the goods  shall be charged against the corresponding reference quantity at the moment when the goods are entered for free circulation.
The extent to which the reference quantities are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined in the first subparagraph, as communicated to the Statistical Office of the European  Communities in application of Regulations (EEC) No 2658/87 and (EEC) No 1736/75.
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.