31976R3038

20. 12. 76 Official Journal of the European Communities No L 350/37

COUNCIL REGULATION (EEC) No 3038/76 of 9 December 1976 opening, allocating 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 ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, representative reference period and to the economic outlook for the quota period concerned;

Having regard to the Treaty establishing the Euro­ Whereas, during the last three years for which sta­ pean Economic Community, and in particular Articles tistics are available, the corresponding imports of 43 and 113 thereof, each Member State represent the fallowing percent­ ages as against the imports into the Community from Israel of the products concerned : Having regard to the proposal from the Commission ,

1973 1974 1975 Having regard to the opinion of the European Parliament 0 ), Benelux 58-6 100 (= 58 η (=■ 25 η Whereas the Agreement between the European Econ­ Denmark — ~ — omic Community and the State of Israel (2), signed —, — — on 11 May 1975 provides, in Article 10 of Protocol 1 Germany annexed thereto, for the opening by the Community France — _ — of an annual Community tariff quota of 150 metric Ireland — — — tons of apricot pulp falling within subheading ex 20.06 B II c) 1 aa ) of the Common Customs Tariff, — — — Italy originating in Israel ; whereas the customs duties 41-4 — applicable to the quota are equal to 70% of the United Kingdom (= 4i *) customs duties actually applied to non-member countries ; whereas the Community tariff quota in (*) metric tons. question should therefore be opened for 1977 ;

Whereas it is in particular necessary to ensure to all Whereas these data cannot be considered as represen­ importers of the Member States equal and uninter­ tative to serve as a basis for allocation of the quota rupted access to the quota and uninterrupted appli­ volume among the Member States ; whereas it is cation of the rate laid down for that quota to all im­ difficult to estimate imports by Member States for ports of the product in question into all Member 1977 because of the absence of any pattern in pre­ States until the quota has been used up ; whereas vious years ; whereas to allocate the quota volume on having regard to the above principles the Community a fair basis, the initial quota shares may be fixed nature of the quota can be respected by allocating approximately at the following percentages : the tariff quota among the Member States ; whereas, to reflect most accurately the actual development of Benelux 7-5 the market in the products in question, such allo­ Denmark 4-2 cation should be in proportion to the requirements of the Member States, assessed by reference both to the Germany 41-6 statistics relating to imports from Israel over a France 8-3 Ireland 4-2 Italy 4-2 (') OJ No C 259, 4. 11 . 1976, p. 37. (*) OJ No L 136, 28 . 5 . 1975, p. 3 . United Kingdom 30-0

No L 350/38 Official Journal of the European Communities 20. 12. 76

Whereas, to take account of future import trends in within subheading ex 20.06 B II c) 1 aa) of the the various Member States for the products con­ Common Customs Tariff, originating in Israel. cerned, the quota volume should be divided into two instalments, the first instalment being allocated 2. Within the limits of this tariff quota, the Common among the Member States and the second held as Customs Tariff duty applicable to these products a reserve intended to cover at a later date the require­ shall be suspended at a rate of 11-9% . ments of Member States which have used up their initial share; whereas, in order to ensure a certain degree of security to importers of each Member 3 . Within the limits of this tariff quota, the new State, the first instalment of the Community tariff Member States shall apply duties calculated in ac­ quota could be fixed at 80% of the quota volumes ; cordance with the provisions of the Agreement be­ tween the Community and the State of Israel and those of the Act of Accession . Whereas the initial shares may be used up sooner or later; whereas, in order to take this fact into account and to avoid any break in continuity, it is important Article 2 that any Member State which has used up almost all of its initial share should draw a supplementary 1 . A first instalment, amounting to 120 metric tons share from the reserve ; whereas this must be done of the Community tariff quota referred to in Article 1 , by each Member State if each of its supplementary shall be allocated among the Member States; the shares is almost used up, and as many times as the shares, which subject to Article 5 shall be valid until reserve allows ; whereas each initial and supplemen­ 31 December 1977, shall be as follows : tary share must be valid until the end of the quota period ; whereas this form of administration requires Benelux 9 metric tons, close collaboration between Member States and the Denmark 5 metric tons, Commission, and the Commission must be in a posi­ tion to follow the extent to which the tariff quotas Germany 50 metric tons, have ibeen used up and inform the Member States France 10 metric tons, thereof; Ireland 5 metric tons, Italy 5 metric tons, United Kingdom 36 metric tons . Whereas if, at a given date in the quota period, a con­ siderable quantity of the initial share remains in any 2. The second instalment of 30 metric tons shall Member State, it is essential that that State should constitute the reserve. return a significant proportion to the reserve in order to avoid part of the Community quota remaining un­ used in one Member State when it could be used in Article 3 others ;

1 . If 90% or more of any Member State's initial Whereas, since che Kingdom of Belgium, the King­ share as laid down in Article 2 ( 1 ), or 90% of that dom of the Netherlands and the Grand Duchy of share less the amount returned into the reserve, Luxembourg are united in and represented by the where Article 5 has been applied, has been exhausted, Benelux Economic Union, any measure concerning that Member State shall without delay, by notifying the administration of the quota shares allocated to the Commission, draw a second share in the quota that economic union may carried out by any of its equal to 15% of its initial share, rounded up to the members, next unit, where appropriate, to the extent that the 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 75% 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 1 . From 1 January until 31 December 1977, a Com­ has been used, that Member State shall , in accord­ munity tariff quota of 150 metric tons shall be ance with the same conditions, draw a fourth share opened in the Community for apricot pulp falling equal to the third .

20 . 12 . 76 Official Journal of the European Communities No L 350/39

This process shall be applied until the reserve is The Commission shall ensure that any drawing exhausted. which uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof to the Member State which makes 4. Notwithstanding the provisions of paragraphs 1 to 3 , Member States may draw smaller shares than the final drawing. those fixed in those paragraphs if there is reason to believe that these shares might not be used up. They Article 7 shall inform the Commission of their reasons for applying this paragraph. 1 . The Member States shall take all measures necessary to ensure that supplementary shares drawn Article 4 pursuant to Article 3 are opened in such a way that charges may be made without interruption against their accumulative shares of the Community quota. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977. 2. Member States shall ensure that importers of the said products established in their territory have free access to the shares allocated to them . Article 5 3 . The Member States shall charge imports of che The Member States shall , not later than 1 October said goods against their shares as and when such 1977, return to the reserve the unused portion of goods are entered for home use under cover of a their initial share which, on 15 September 1977, is declaration that they have 'been made available for in excess of 20% of the initial amount. They may consumption . return a greater portion if there are grounds for be­ lieving that such portion may not be used in full. 4. The extent to which a Member State has used up its share sshall fee determined on the basis of the The Member States shall, not later than 1 October imports charged in accordance with paragraph 3 . 1977, notify the Commission of the total imports of the products concerned effected under the Com­ Article 8 munity quota up to and including 15 September 1977, and where appropriate, the proportion of their On receipt of a request from the Commission, Mem­ initial shares that they are returning to the reserve. ber States shall inform it of imports actually charged against their Shares. Article 6 Article 9 The Commission shall keep account of the sihares The Member States and the Commission shall co­ opened by the Member States in accordance with Articles 2 and 3 and shall inform each of them of the operate closely in order to ensure that this Regu­ extent to which the reserve has been used as soon as lation is observed. it receives the notifications. Article 10 The Commission shall, not later than 5 October 1977, notify the Member States of the state of the reserve This Regulation shall enter into force on 1 January after the return of shares pursuant to Article 5 . 1977.

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

Done at Brussels, 9 December 1976.

For the Council The President

P. J. J. MERTENS