COUNCIL REGULATION (EEC) No 240/93 of 1 February 1993 opening and providing  for the administration of Community tariff quotas for certain agricultural products originating in  Cyprus (1993)
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 18 and 19 of the Agreement establishing an Association between the European  Economic Community and the Republic of Cyprus  (1), as supplemented by the Protocol laying down the  conditions and procedures for the implementation of the second stage of the said Agreement and  adapting certain provisions thereof  (2), provide for the opening of annual Community tariff quotas  for:
-  60  000 tonnes for new potatoes falling within CN code 0701  90  59 (16 May to 30 June),
-  2  500 tonnes for carrots falling within CN code 0706  10  00 (1 April to 15 May),
-  300 tonnes of sweet peppers falling within CN code 0709  60  10,
-  1  500 tonnes of salad beetroot falling within CN code ex  0706  90  90,
-  7  500 tonnes for fresh table grapes falling within CN codes ex  0806  10  15 and 0806  10  19  (8 June to 4 August),
-  1  500 tonnes of dried grapes in immediate containers of a net capacity not exceeding 15 kg  falling within CN codes 0806  20  11, 0806  20  12, 0806  20  18, ex  0806  20  91, ex  0806  20   92 or ex  0806  20  98,
-  3  000 tonnes of certain types of concentrated grape juice falling within CN code 2009  60  51,  2009  60  71, ex  2009  60  90 or ex ex  2204  30  91,
-  35  000 hectolitres of certain wines of fresh grapes, in containers holding two litres or less,  falling within CN codes 2204  21  25, ex  2204  21  29, ex  2204  21  35 or ex  2204  21  39,
-  26  000 hectolitres of certain wines of fresh grapes, in containers holding more than two  litres, falling within CN codes ex  2204  29  25, ex  2204  29  29, 2204  29  35 or ex  2204  29   39, and -  150  000 hectolitres of certain liqueur wines falling within CN codes ex  2204  21  35, ex  2204   21  39, ex  2204  29  35, ex  2204  29  39, ex  2204  21  49, ex  2204  29  49, ex  2204  21  59  or ex  2204  29  59,
originating in Cyprus;
Whereas, under Articles 18 and 19 of the Protocol in question and under Article 2 of Council  Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the  Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan,  Lebanon, Malta, Morocco, Syria and Tunisia  (3), the quantities for all the above products are  subject to annual increases; whereas the quotas in 1993 will accordingly be increased to the  amounts indicated in Article 1;
Whereas, the customs duties applicable are progressively dismantled within the limit of these  tariff quotas, in accordance with the timetable and the conditions laid down in Articles 5 and 16  of the Protocol in question; whereas, furthermore, by Regulation (EEC) No 1764/92, the Community  has autonomously decided to eliminate the customs duties applicable to products originating in the  abovementioned Mediterranean third countries, for which the dismantling of tariffs provided for by  the Protocols of the Association or Cooperation Agreements will continue after 1 January 1993;
Whereas, within the limits of these tariff quotas, the Portuguese Republic will apply duties  calculated in accordance with the relevant provisions of the Protocol to the Accession Agreement  between the European Economic Community and the Republic of Cyprus consequent on the accession of  the Kingdom of Spain and the Portuguese Republic to the Community  (4);
Whereas, importation into the Community of the wines in question are subject to the  free-at-frontier reference price; whereas the said wines qualify for these tariff quotas only if  Article 54 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the  market in wine  (5), as last amended by Regulation (EEC) No 1756/92  (6), is adhered to;
Whereas liqueur wines, to qualify for the Community tariff quota, must be so designated in the VI 1  document orVI 2 extract provided for in Commission Regulation (EEC) No 3590/85 of 18 December 1985  on the certificate and analysis report required for the importation of wine, grape juice and grape  must  (7);
Whereas it is particularly necessary to ensure that all Community importers enjoy equal and  uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid  down for those quotas to all imports of the products concerned into all Member States until the  quotas have been used up;
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;
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, all  transactions concerning the ad-ministration of these quotas may be carried out by any of its  members,
1.  The customs duties applicable to imports into the Community as  constituted at 31 December 1985 of the following products originating in Cyprus shall be suspended  during the periods, at the levels and within the limits of the Community tariff quotas as shown  below for each one:
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Within the limits of these tariff quotas, the Portuguese Republic will apply  duties calculated in accordance with the relevant provisions of the Protocol to the Accession  Agreement between the European Economic Community and the Republic of Cyprus consequent on the  accession of the Kingdom of Spain and the Portuguese Republic to the Community.
2.  Importations of the wine in question shall be subject to the free-at-frontier price. It shall  qualify for the tariff quotas only if Article 54 of Regulation (EEC) No 822/87 is adhered to.
3.  Liqueur wines shall qualify for the tariff quota only if they are designated as liqueur wines  in the VI 1 document or VI 2 extract provided for by Regulation (EEC) No 3590/85.
The tariff quotas referred to in Article 1 shall be managed by the Commission, which  may take all appropriate 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 this Regulation and if that  declaration is accepted by the customs authorities, the Member States concerned shall inform the  Commission and draw an amount corresponding to its requirements from the corresponding quota  amount.
The drawing requests, with indication of the date of acceptance of the said declarations, must be  transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the  declarations of entry into free circulation by the customs authorities of the Member States  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 corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation  shall be made on a pro rata basis with respect to the requests. Member States shall be informed by  the Commission in accordance with the same procedures.
Each Member States shall ensure that importers of the products concerned have free  access to the quotas for such time as the residual balance of the corresponding quota volumes so  permits.
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 fol-lowing its publication in the  Official Journal of the European Communities.
It shall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.