COMMISSION REGULATION (EC) No  2382/95 of 11 October 1995 laying down detailed rules for the application to fruit and vegetables  and to products processed from fruit and vegetables of the arrangements provided for in the  Agreements on free trade between the Community, of the one part, and Estonia, Latvia and Lithuania,  of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1275/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Estonia, of the other part  (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1276/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Latvia, of the other part  (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of 29 May 1995 on certain procedures for  applying the Agreement on free trade and trade-related matters between the European Community, the  European Atomic Energy Community and the European Coal and Steel Community, of the one part, and  the Republic of Lithuania, of the other part  (3), and in particular Article 1 thereof,
Whereas the Agreements on free trade with Estonia, Latvia and Lithuania provide for a reduction of  60  % of the ad valorem duty for the importation of certain fruit and vegetables and certain  products processed from fruit and vegetables within certain quantity limits;
Whereas the Agreements provide that the said reduction will take effect from 1 January 1995;
Whereas the quotas provided for in those Agreements relate to a period of several years, whereas,  therefore, in the interests of rationalizing implementation of the measures concerned, the  provisions relating to the tariff quotas for fruit and vegetables should be grouped together in a  single regulation, applicable for 1995, 1996 and subsequent years in respect of Estonia, Latvia and  Lithuania;
Whereas the decision to open Community tariff quotas should be taken by the Community in execution  of its international obligations in the case of the products listed in the Annex to this  Regulation; whereas it is necessary, in particular, to ensure that all Community importers have  equal continuous access to the said quotas and that the rates laid down for the quotas apply  continuously to all imports of the products concerned into all Member States until the quotas have  been used up; whereas, to ensure the efficiency of the common administration of the quotas, there  is no reason why the Member States should not be authorized to draw from the quota volumes the  necessary quantities corresponding to actual imports; whereas, however, this method of  administration requires close cooperation between the Member States and 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 the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fruit and Vegetables and for Products Processed from Fruit and  Vegetables,
From 1 January 1995, fruit and vegetables and products processed from  fruit and vegetables which are imported into the Community under the Agreements with Estonia,  Latvia and Lithuania and are listed in the Annex to this Regulation shall qualify for an ad valorem  duty reduction of 60  % within the limits of the tariff quotas shown in the said Annex.
1.  The tariff quotas referred to in Article 1 shall be administered by the Commission,  which may take all appropriate administrative measures in order to ensure efficient administration  thereof.
2.  Where an importer presents products covered by this Regulation for release for free circulation  in a Member State, applying to take advantage of the preferential arrangements, and the declaration  is accepted by the customs authorities, the Member State concerned shall, by notifying the  Commission, draw an amount corresponding to its requirements from the quota volume concerned.
Requests for drawings, indicating the date on which the declaration were accepted, must be sent to  the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the  customs authorities of the Member State concerned accepted the declarations for release for free  circulation, to the extent that the available balance so permits.
3.  If a Member State does not use a drawing in full, it shall return any unused portion to the  corresponding quota volume as soon as possible.
4.  If the quantities requested are greater than the available balance of the quota volume, the  balance shall be allocated among applicants pro rata. The Commission shall inform the Member States  of the drawings made.
1.  Member States and the Commission shall cooperate closely to ensure that this  Regulation is complied with.
2.  Each year, within three months of the end of the application period of the tariff quotas, the  Commission shall prepare a summary, by product and country, of the allocations of the quotas  appearing in the Annex to this Regulation. The summary shall be communicated to the management  Committee for Fruit and Vegetables and the Management Committee for Products Processed from Fruit  and Vegetables.
Each Member State shall ensure that importers of the products in question have equal  and uninterrupted access to the quotas for as long as the balance of the relevant quota volumes so  permits.
The Protocol concerning the definition of the concept of originating products and  methods of administrative cooperation annexed to the Agreements in question concluded between the  Community and the countries referred to in Article 1 shall apply.
This Regulation shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities.
It shall apply from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.