31976R1511

No L 169/ 16 Official Journal of the European Communities 28 . 6. 76

COUNCIL REGULATION (EEC) No 1511/76

of 24 June 1976 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 Tunisia ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , to reflect most accurately the actual development of the market in the products in question, such allocation should be in proportion to the require­ ments of the Member States, assessed by reference Having regard to the Treaty establishing the Euro­ both to the statistics relating to imports of the said pean Economic Community, and in particular product from Tunisia over a representative reference Articles 43 and 113 thereof, period and to the economic outlook for the quota period concerned ; Having regard to the proposal from the Commission,

Having regard to the opinion of the European Par­ Whereas, during the last three years for which liament (1 ), statistics are available, the corresponding imports of each Member State represent the following percen­ tages of imports into the Community from Tunisia Whereas the Cooperation Agreement between the of the products concerned : European Economic Community and the Republic of Tunisia, signed on 25 April 1976, provides in (in °/o ) Article 21 for the opening by the Community of 1 an annual Community tariff quota of 4 300 metric 1972 1973 1974 tons of apricot pulp falling within subheading ex 20.06 B II c) 1 aa ) of the Common Customs Tariff originating in Tunisia ; whereas the customs Benelux 4.9 15.8 3.4 duties applicable to the quota are equal to 70% of Denmark — — — the customs duties actually applied to non-member Germany 10.5 10.2 2.5 countries ; whereas, pending the entry into force of France 84.6 74.0 94.1 this Agreement, the Interim Agreement between the Ireland — • — — European Economic Community and the Republic — — — Italy of Tunisia (2 ) provides for the advance application — — — of this tariff measure, probably with effect from United Kingdom 1 July 1976 ; whereas the pro rata temporis clause shall apply; whereas the Community tariff quota in question should therefore be opened for the second Whereas both these percentages and the estimates half of 1976 ; from certain Member States should be taken into account as well as the need to ensure that, in the Whereas it is in particular necessary to ensure equal circumstances, the obligations contracted under the and uninterrupted access for all importers in the Agreement concerned are allocated fairly among all Member States to the quota and uninterrupted appli­ the Member States ; whereas the approximate per­ cation of the rate laid down for that quota to all centages of the initial quota shares may therefore imports of the product in question into all Member be fixed as follows : States until the said quota has been used up ; whereas, having regard to the above principles, the Community Benelux 10% , nature of the quota can be respected by allocating the tariff quota among the Member States ; whereas, Denmark 5% , Germany 10% , France 61% , Ireland 4% , (*) Opinion delivered on 18 June 1976 and not yet pub­ Italy 5% , lished in the Official Journal. (2) OJ No L 141 , 28 . 5. 1976, p . 195. United Kingdom 5% ;

28 . 6 . 76 Official Journal of the European Communities No L 169/ 17

2. Within the limits of this tariff quota the Common "Whereas, in order to take account of future trends Customs Tariff duty applicable to these products in imports into the various Member States of the shall be suspended at a rate of 11-9% . product concerned, the quota should be divided into two instalments ; the first to be allocated among all the Member States and the second to form a reserve 3 . Within the limits of this tariff quota the new intended to cover any subsequent requirements of Member States shall apply duties calculated in Member States > which have used up their initial accordance with the Agreement between the Com­ shares ; whereas, in order to ensure a certain degree munity and Tunisia and the Act of Accession. of security for importers in each Member State, the first instalment of the Community tariff quota should be set at 66% of the quota ; Article 2

1 . A first instalment of 1 420 metric tons of the Whereas Member States may use up their initial Community tariff quota referred to in Article 1 , shares at different rates ; whereas, to provide for shall be allocated among the Member States ; the this eventuality and to avoid disruption of supplies, shares, which subject to Article 5 shall be valid until any Member State which has almost used up its initial share should draw an additional share from 31 December 1976, shall be as follows : the reserve ; whereas this should be done by each Member State when each of its additional shares has Benelux 140 metric tons, been almost used up, and so on as many times as the Denmark 70 metric tons , reserve allows ; whereas the initial and additional Germany 140 metric tons, shares should be valid until the end of the quota France 880 metric tons , period ; whereas this form of administration requires close collaboration between Member States and the Ireland 50 metric tons , Commission, and the Commission must be in a Italy 70 metric tons , position to keep a record of the extent to which the United Kingdom 70 metric tons . quota has been used up and to inform the Member States accordingly ; 2 . The second instalment of 730 metric tons shall constitute the reserve . Whereas if, at a given date in the quota period, a considerable quantity of a Member State's initial Article 3 share remains unused, it is essential that that Mem­ ber State should return a significant proportion to the reserve so as to prevent a part of the quota from 1 . If 90% or more of any Member State's initial remaining unused in one Member State when it share as fixed in Article 2 ( 1 ), or 90% of that share could be used in others ; less any portion returned to the reserve, where Article 5 has been applied, has been used up that Member State shall forthwith by notifying the Whereas, since the Kingdom of Belgium, the Kingdom Commission, draw a second share equal to 15% of of the Netherlands and the Grand Duchy of Luxem­ its initial share, rounded up where necessary to the bourg are united within and jointly represented by next whole number, to the extent that the reserve the Benelux Economic Union any measure concern­ so permits . ing the administration of the shares allocated to that Economic Union may be carried out by any one 2. If after its initial share has been used up, 90% of its members , or more of the second share drawn by a Member State has been used up, that Member State shall, in accordance with the conditions laid down in para­ graph 1 , draw a third share equal to 7-5% of its HAS ADOPTED THIS REGULATION : initial share .

Article 1 3 . If after its second share has been used up, 90% or more of the third share drawn by a Member State has been used up, that Member State shall, in accordance with the same conditions, draw a fourth 1 . For the period 1 July to 31 December 1976 a share equal to the third. Community tariff quota of 2 150 metric tons shall be opened in the Community for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa) of the This procedure shall apply until the reserve is used Common Customs Tariff, originating in Tunisia . up .

No L 169/18 Official Journal of the European Communities 28 . 6. 76

4. Notwithstanding paragraphs 1, 2 and 3, Member It shall ensure that the drawing which exhausts the States may draw smaller shares than those specified reserve does not exceed the balance available and therein if there are grounds for believing that those to this end shall specify the amount thereof to the specified may not be used in full. They shall inform Member State making the final drawing. the Commission of their reasons for applying this paragraph. Article 7

Article 4 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Additional shares drawn pursuant to Article 3 shall Article 3 are opened in such a way that imports may be valid until 31 December 1976. be charged without interruption against their aggre­ gate shares of the Community quota.

Article 5 2. Member States shall ensure that importers of the products in question established in their territory have free access to the shares allocated to them. Member States shall return to the reserve, not later than 15 November 1976, the unused portions of their initial shares which, on 1 November 1976, are 3 . Member States shall charge imports of the said in excess of 20% of the initial amounts. They may products against their shares as and when the prod­ return a greater portion if there are grounds for uct in question is entered for home use. believing that such portions may not be used in full . 4. The extent to which a Member State has used up its share shall be determined on the basis of the Member States shall notify the Commission, not imports charged in accordance with paragraph 3 . later than 15 November 1976, of the total quantity of the product in question imported up to and including 1 November 1976 and charged against the Article 8 Community quota and of any portion of their initial shares returned to the reserve. At the Commission's request, Member States shall inform it of the imports actually charged against Article 6 their shares.

The Commission shall keep an account of the shares Article 9 opened by the Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall The Member States and the Commission shall co­ inform each Member State of the extent to which operate closely to ensure that this Regulation is the reserve has been used up. complied with.

It shall inform the Member States, not later than Article 10 20 November 1976, of the state of the reserve after amounts have been returned thereto pursuant to Article 5 . This Regulation shall enter into force on 1 July 1976.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 24 June 1976.

For the Council

The President

G. THORN