31976R1524

No L 169/50 Official Journal of the European Communities 28 . 6 . 76

COUNCIL REGULATION (EEC) No 1524/76

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) I aa) of the Common Customs Tariff, originating in Morocco ( 1976)

THE COUNCIL OF THE EUROPEAN Community nature of the quota can be respected COMMUNITIES, by allocating the tariff quota among the Member States ; whereas, to reflect most accurately the actual development of the market in the products in question, such allocation should be in proportion Having regard to the Treaty establishing the to the requirements of the Member States, assessed European Economic Community, and in particular Articles 43 and 113 thereof, by reference both to the statistics relating to imports of the said product from Morocco over a represen­ tative reference period and to the economic outlook Having regard to the proposal from the Commission, for the quota period concerned ;

Having regard to the opinion of the European Whereas, during the last three years for which Parliament (*), statistics are available, the corresponding imports of each Member State represent the following percent­ ages of imports into the Community from Morocco Whereas the Cooperation Agreement between the of the products concerned : European Economic Community and the Kingdom of Morocco, signed on 27 April 1976, provides in (in percentages) Article 22 for the opening by the Community of an 1972 1973 1974 annual Community tariff quota of 8 250 metric tons of apricot pulp falling within subheading ex 20.06 B II Benelux 0.5 0.7 0.8 c) 1 aa) of the Common Customs Tariff originating in Morocco ; whereas the customs duties applicable Denmark 0.2 0.6 0.3 to the quota are equal to 70% of the customs duties Germany 20.0 46.2 45.5 actually applied to non-member countries ; whereas, France 79.3 50.7 51.3 pending the entry into force of this Agreement, the ■ — — — Ireland Interim Agreement between the European Economic — — Italy 0.5 Community and the Kingdom of Morocco (2) — United Kingdom 1.8 1.6 provides for the advance application of this tariff measure, probably with effect from 1 July 1976 ; whereas the pro rata temporis clause shall apply ; whereas the Community tariff quota in question Whereas, both these percentages and the estimates should therefore be opened for the second half of from certain Member States should be taken into 1976 ; account as well as the need to ensure that, in the circumstances, the obligations contracted under the Agreement concerned are allocated fairly among all Whereas it is, in particular, necessary to ensure equal the Member States ; whereas the approximate and uninterrupted access for all importers in the percentages of the initial quota shares may therefore Member States to the quota and uninterrupted be fixed as follows : application of the rate laid down for that quota to all imports of the product in question into all Member Benelux 3% , States until the said quota has been used up ; Denmark 3% , whereas having regard to the above principles the Germany 36% , France 41% , Ireland 2% , (*) Opinion delivered on 18 June 1976 and not yet Italy 5% , published in the Official Journal. ( 2) OJ No L 141 , 28 . 5 . 1976, p. 98 . United Kingdom 10% ;

28 . 6 . 76 Official Journal of the European Communities No L 169/51

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

Whereas Member States may use up their initial 1 . A first instalment of 2 720 metric tons of the shares at different rates ; whereas, to provide for this Community tariff quota referred to in Article 1 , shall eventuality and to avoid disruption of supplies, any be allocated among the Member States ; the shares, Member State which has almost used up its initial which subject to Article 5 , shall be valid until 31 share should draw an additional share from the December 1976, shall be as follows : reserve ; whereas this should be done by each Member State when each of its additional shares has Benelux 80 metric tons , been almost used up , and so on as many times as Denmark 80 metric tons , the reserve allows ; whereas the initial and additional shares should be valid until the end of the quota Germany 980 metric tons , period ; whereas this form of administration requires France 1 100 metric tons, close collaboration between Member States and the Ireland 60 metric tons , Commission, and the Commission must be in a Italy 140 metric tons , position to keep a record of the extent to which the United Kingdom 280 metric tons . quota has been used up and to inform the Member States accordingly; 2 . The second instalment of 1 405 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 share remains unused, it is essential that that Article 3 Member State should return a significant proportion to the reserve so as to prevent a part of the quota from remaining unused in one Member State when 1 . If 90% or more of any Member State's initial it could be used in others ; share as fixed in Article 2 ( 1 ), or 90% of that share 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 so the Benelux Economic Union , any measure permits . concerning the administration of the shares allocated to that Economic Union may be carried out by any one of its members, 2. If after its initial share has been used up , 90% 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 paragraph 1 , draw a third share equal to 7-5% of HAS ADOPTED THIS REGULATION : its initial share .

3 . If after its second share has been used up , 90% Article 1 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 4 125 metric tons shall be opened in the Community for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa ) of This procedure shall apply until the reserve is used the Common Customs Tariff, originating in Morocco . up .

No L 169/52 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 to therein if there are grounds for believing that those 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 tfor 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 aggregate 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 product return a greater portion if there are grounds for 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 later imports charged in accordance with paragraph 3 . 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 their shares . Article 6

The Commission shall keep 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 inform each Member State of the extent to which cooperate 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