31975R1628

28 . 6 . 75 Official Journal of the European Communities No L 165/ 11

REGULATION ( EEC) No 1628 /75 OF THE COUNCIL

of 26 June 1975

on the opening, allocation and administration of a Community tariff quota for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Israel

Whereas, during the past three years for which statis­ THE COUNCIL OF THE EUROPEAN tics are available, the corresponding imports of each COMMUNITIES, Member State represent the following percentages as against the imports into the Community from Israel of the products concerned : Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof ; 1971 1972 1973

Benelux — . — 58-6 (= 58 Having regard td the proposal from the Commission ; metric tons)

Denmark — — —

•— Germany 43-3 (= 13 Having regard to the Opinion of the European Parlia­ metric tons) ment (') ; — — — France

Ireland — — . — — — — Whereas the Agreement (2) between the European Italy Economic Community and the State of Israel, signed United Kingdom 100 (= 91 56-7 (= 17 41-4 (= 41 on 11 May 1975, provides in Article 10 of Protocol 1 metric tons) metric tons) metric tons) annexed thereto for the opening by the Community of an annual Community tariff quota of 150 metric tons of apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, Whereas these data cannot be considered as represen­ originating in Israel ; whereas the customs duties appli­ tative to serve as a basis for allocation of the quota cable to the quota are equal to 70 % of the customs volume among the Member States ; whereas it is diffi­ duties actually applied to non-member countries • whereas if the quota period does not cover a full cult to estimate imports by Member States for 1975 because of the absence of any pattern in previous calendar year the quota opened must be proportionate years ; whereas to allocate the quota volume on a fair to the period involved ; whereas since the above Agree­ ment will enter into force on 1 July 1975 , a Commu­ basis, the initial quota shares may be fixed approxi­ nity tariff quota of 75 metric tons should therefore be mately as follows : opened ;

Benelux 14 % Denmark 2 % Whereas it is in particular necessary to ensure to all Germany 20 % importers of the Member States equal and uninter­ France 6 % rupted access to the quota and uninterrupted applica­ 2 % Ireland tion of the rate laid down for that quota to all imports 8 % Italy of the product in question into all Member States United Kingdom 48 % until the quota has been used up ; whereas having regard to the above principles the Community nature of the quota can be ' respected by allocating the tariff Whereas, to take account of future import trends in quota among the Member States ; whereas, to reflect the various Member States for the products concerned, most accurately the actual development of the market the quota volume should be divided into two instal­ in the products in question , such allocation should be ments, the first being allocated among the Member in proportion to the requirements of the Member States and the second held as a reserve intended to States , assessed by reference both to the statistics cover at a later date the requirements of Member relating to imports from Israel over a representative States which have used up their initial share ; whereas, reference period and to the economic outlook for the in order to ensure a certain degree of security to quota period concerned ; importers of each Member State, the first instalment (>) OJ No C 128 , 9 . 6 . 1975, p . 38 . of the Community tariff quota could be fixed at 66 % (-') OJ No L 136, 28 . 5 . 1975, p . 3 . of the quota volumes ;

No L 165/ 12 Official Journal of the European Communities 28 . 6 . 75

Whereas the initial shares may be used up sooner or be allocated among the Member States ; the shares later ; whereas, in order to take this fact into account which, subject to Article 5, shall be valid until 31 and to avoid any break in continuity, it is important December 1975, shall be as follows : that any Member State which has used up almost all of its initial share should draw a supplementary share Benelux 7 metric tons, from the reserve ; whereas this must be done by each Denmark 1 metric ton , Member State if each of its supplementary shares is Germany 10 metriq tons, almost used up, and as many times as the reserve France 3 metric tons, allows ; whereas each initial and supplementary share Ireland 1 metric ton , must be valid until the end of the quota period ; Italy 4 metric tons, whereas this form of administration requires close collaboration between Member States and the United Kingdom 24 metric tons . Commission, and the Commission must be in a posi­ tion to follow the extent to which the tariff quotas 2 . A second instalment of 25 metric tons shall have been used up and inform the Member States constitute the reserve . thereof ;

Article 3 Whereas if, at a given date in the quota period, a considerable quantity of the initial share remains in 1 . If 90 % or more of any Member State's initial any Member State, it is essential that that State should share as laid down in Article 2 ( 1 ), or 90 % of that return a significant proportion to the reserve in order share less the amount returned into the reserve, where to avoid part of the Community quota remaining Article 5 has been applied , has been exhausted, that unused in one Member State when it could be used in Member State shall without delay, by notifying the others ; Commission, draw a second share in the quota equal to 1 5 % of its initial share, rounded up to the next Whereas, since the Kingdom of Belgium, the unit, where appropriate, to the extent that the amount Kingdom of the Netherlands and the Grand Duchy of in the reserve allows . Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning 2. If after its initial share has been exhausted, 90 % the administration of the shares granted to the above­ or more of the second share drawn by a Member State mentioned Economic Union may be carried out by has been used, that Member St&te shall, in accordance any of its members, with the conditions laid down in paragraph 1 , draw a third share, equal to 7-5 % of its initial share.

3 . If after its second share has been exhausted, 90 % or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used, that Member State shall , in accor­ dance with the same conditions, draw a fourth share equal to the third. Article 1 This process shall be applied until the reserve is exhausted . 1 . From 1 July to 31 December 1975, a Commu­ nity tariff quota of 75 metric tons shall be opened in 4. Notwithstanding the provisions of paragraphs 1 the Community for apricot pulp falling within to 3 , Member States may draw smaller shares than subheading ex 20.06 B II c) 1 aa) of the Common those fixed in those paragraphs if there is reason to Customs Tariff, Originating in Israel . believe that these shares might not be used up. They shall inform the Commission of their reasons for 2. Within the limits of this tariff quota the applying this paragraph . Common Customs Tariff duty applicable to these products shall be suspended at a rate of 11*9 % . A rticle 4

3 . Within the limits of this tariff quota the new Additional shares drawn pursuant to Article 3 shall be Member States shall apply duties calculated in accor­ valid until 31 December 1975 . dance with the provisions of Protocol 1 annexed to the Agreement between the Community and the State Article 5 of Israel and those of the Act of Accession . The Member States shall , not later than 15 November 1975, return to the reserve the unused portion of their Article 2 initial share which , on 1 November 1975, is in excess of 20 % of the initial amount. It may return a larger 1 . A first instalment of 50 metric tons of the quantity if there are reasons to consider that such Community tariff quota referred to in Article 1 shall quantity may not be used .

28 . 6 . 75 Official Journal of the European Communities No L 165/ 13

The Member States shall, not later than 15 November 2. Member States shall ensure that importers of the 1975, notify the Commission of the total imports of said products established in their territory have free access to the shares allocated to them . the products concerned effected under the Commu­ nity quota up to 1 November 1975 inclusive, and where appropriate, the proportion of their initial 3 . The Member States shall charge imports of the shares that they are returning to the reserve. said goods against their shares as and when such goods are entered for home use under cover of a decla­ Article 6 ration that they have been made available for consumption . The Commission shall keep account of the shares opened by the Member States in accordance with Arti­ 4. The extent to which a Member State has used up its share shall be determined on the basis of the cles 2 and 3, and shall inform each of them of the extent to which the reserve has been used as soon as it imports charged in accordance with paragraph 3 . receives the notifications .

Article 8 The Commission shall, not later than 20 November 1975, notify the Member States of the state of the Member States shall inform the Commission at reserve after the return of shares pursuant to Article 5. regular intervals of imports actually charged against their shares . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof Article 9 to the Member State which makes the final drawing.

The Member States and the Commission shall coop­ Article 7 erate closely in order to ensure that this Regulation is observed . 1 . The Member States shall take all measures neces­ sary to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that Article 10 changes may be made without interruption against their accumulative shares of the Community quota . This Regulation shall enter into force on 1 July 1975.

Done at Luxembourg, 26 June 1975 .

For the Council

The President

P. BARRY

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