31975R3147
8 . 12 . 75 Official Journal of the European Communities No L 317/31
REGULATION (EEC ) No 3147/75 OF THE COUNCIL
of 24 November 1975
opening, allocation and providing for the 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 ( 1976)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , over a representative reference period and to the economic outlook for the quota period concerned ;
Having regard to the Treaty establishing the Whereas, during the last three years for which European Economic Community, and in particular statistics are available, the corresponding imports of Articles 43 and 113 thereof ; each Member State represent the following percent ages as against the imports into the Community from Israel of the products concerned : Having regard to the proposal from the Commission ;
1972 1973 1974 Having regard to the Opinion of the European Benelux 58-6 100 Parliament (*); (= 58 *) (= 25 *) Denmark Whereas the Agreement (2 ) between the European Germany 43-3 Economic Community and the State of Israel, signed - 13 *) on 11 May 1975, provides in Protocol 1 annexed France thereto for the opening by the Community of an Ireland annual Community tariff quota of 150 metric tons of apricot pulp, falling within subheading ex 20.06 B Italy II c) 1 aa ) of the Common Customs Tariff, originat ing in Israel ; whereas the customs duties applicable United Kingdom 56-7 41-4 to the quota are equal to 70% of the customs duties (= 17 *) (= 41 *) actually applied to non-member countries ; whereas the Community tariff quota in question should {*) metric tons. therefore be opened for 1976;
Whereas these data cannot be considered as representative to serve as a basis for allocation of Whereas it is in particular necessary to ensure to all the quota volume among the Member States ; importers of the Member States equal and uninter whereas it is difficult to estimate imports by Member rupted access to the quota and uninterrupted States for 1976 because of the absence of any pattern application of the rate laid down for that quota to in previous years ; whereas to allocate the quota all imports of the product in question into all Mem volume on a fair basis, the initial quota shares may ber States until the quota has been used up ; whereas be fixed approximately at the following percentages : having regard to the above principles the Community nature of the quota can be respected by allocating Benelux 15 the tariff quota among the Member States ; whereas, to reflect most accurately the actual development Denmark 5 of the market in the products in question, such allocation should be in proportion to the require Germany 25 ments of the Member States, assessed by reference France 10 both to the statistics relating to imports from Israel Ireland 5
Italy 5 (!) OJ No C 257, 10. 11 . 1975 , p . 39 . H OJ No L 136, 28 . 5 . 1975 , p . 3 . United Kingdom 35
No L 317/32 Official Journal of the European Communities 8 . 12 . 75
Whereas, to take account of future import trends in 2. Within the limits of this tariff quota the Common the various Member States for the products Customs Tariff duty applicable to these products concerned, the quota volume should be divided into shall be suspended at a rate of 11-9% . two instalments, the first being allocated among the Member States and the second held as a reserve 3 . Within the limits of this tariff quota the new intended to cover at a later date the requirements Member States shall apply duties calculated in of Member States which have used up their initial accordance with the provisions of Protocol 1 annexed share ; whereas, in order to ensure a certain degree to the Agreement between the Community and the of security to importers of each Member State, the State of Israel and those of the Act of Accession . first instalment of the Community tariff quota could be fixed at 66% of the quota volumes ;
Article 2 Whereas the initial shares may be used up sooner or later ; whereas , in order to take this fact into 1 . A first instalment, amounting to 100 metric tons account and to avoid any break in continuity, it is of the Community tariff quota referred to in Article 1 , important that any Member State which has used shall be allocated among the Member States ; the up almost all of its initial share should draw a shares , which subject to Article 5 shall be valid until supplementary share from the reserve ; whereas this 31 December 1976, shall be as follows : must be done by each Member State if each of its supplementary shares is almost used up, and as many Benelux 15 metric tons, times as the reserve allows ; whereas each initial and Denmark 5 metric tons, supplementary share must be valid until the end of the quota period ; whereas this form of administration Germany 25 metric tons , requires close collaboration between Member States France 10 metric tons, and the Commission , and the Commission must be Ireland 5 metric tons, in a position to follow the extent to which the Italy 5 metric tons , tariff quotas have been used up and inform the United Kingdom 35 metric tons . Member States thereof ;
2. The second instalment of 50 metric tons shall Whereas if, at a given date in the quota period, constitute the reserve . a considerable quantity of the initial share remains in any Member State, it is essential that that State should return a significant proportion to the reserve Article 3 in order to avoid part of the Community quota remaining unused in one Member State when it could be used in others ; 1 . If 90% or more of any Member State's initial share as laid down in Article 2 ( 1 ), or 90% of that share less the amount returned into the reserve, Whereas, since the Kingdom of Belgium, the Kingdom where Article 5 has been applied, has been exhausted, of the Netherlands and the Grand Duchy of Luxem that Member State shall without delay, by notifying bourg are united in and represented by the Benelux the Commission, draw a second share in the quota Economic Union, any measure concerning the admi equal to 15% of its initial share, rounded up to the nistration of the quota shares allocated to that econ next unit, where appropriate, to the extent that the omic union may carried out by any of its members, amount in the reserve allows .
2 . If after its initial share has been exhausted, 90% or more of the second share drawn by a Member State has been used, that Member State shall, in HAS ADOPTED THIS REGULATION : accordance with the conditions laid down in para graph 1 , draw a third share, equal to 7-5% of its initial share.
Article 1 3 . If after its second share has been exhausted, 90% or more of the third share drawn by a Member State has been used , that Member State shall, in accordance 1 . From 1 January to 31 December 1976 a Com with the same conditions, draw a fourth share equal munity tariff quota of 150 metric tons shall be to the third . opened in the Community for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the This process shall be applied until the reserve is Common Customs Tariff, originating in Israel . exhausted .
8 . 12 . 75 Official Journal of the European Communities No L 317/33
4. Notwithstanding the provisions of paragraphs 1 , available and for this purpose shall specify the 2 and 3 , the Member States may draw smaller shares amount thereof to the Member State which makes than those fixed in those paragraphs if there is reason the last drawing. to believe that these shares might not be used up . They shall inform the Commission of their reasons Article 7 for applying this paragraph.
1 . The Member States shall take all measures neces Article 4 sary to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that changes may be made without interruption against Additional shares drawh pursuant to Article 3 shall be valid until 31 December 1976. their accumulative shares of the Community quota.
2. The Member States shall ensure that importers Article 5 of the said products established in their territory have free access to the shares allocated to them . The Member States shall, not later than 1 October 3 . The Member States shall charge imports of the 1976, return to the reserve the unused portion of their said goods against their shares as and when such initial share which, on 15 September 1976 , is in goods are entered for home use under cover of a excess of 20% of the initial amount. They may return declaration that they have been made available for a greater portion if there are grounds for believing consumption . that such portion may not be used in full.
4 . The extent to which a Member State has used The Member States shall , not later than 1 October up its share shall be determined on the basis of the 1976, notify the Commission of the total imports of imports charged in accordance with paragraph 3 . the products concerned effected under the Commu nity quota up to and including 15 September 1976, and where appropriate, the proportion of their initial Article 8 shares that they are returning to the reserve .
On receipt of a request from the Commission, Article 6 Member States shall inform it of imports actually charged against their shares .
The Commission shall keep account of the shares opened by the Member States in accordance with Article 9 Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon The Member States and the Commission shall as it receives the notifications . cooperate closely in order to ensure that this Regula tion is observed . The Commission shall , not later than 5 October 1976 , notify the Member States of the state of the reserve Article 10 after the return of shares pursuant to Article 5 .
The Commission shall ensure that any drawing This Regulation shall enter into force on 1 January which uses up the reserve is limited to the balance 1976 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 24 November 1975 .
For the Council
The President
B. VISENTINI