31976R3048

No L 350/84 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3048/76 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 Morocco (1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, imports of the product in question into all Member States until the said quota has been used up ; whereas having regard to the above principles the Community nature of the quota can be respected by allocating Having regard to the Treaty establishing the Euro­ the tariff quota among the Member States; whereas, pean Economic Community, and in particular to reflect most accurately the actual development Articles 43 and 113 thereof, 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 proposal from the Commission, both to the statistics relating to imports of the said product from Morocco over a representative refer­ ence period and to the economic outlook for the Having regard to the opinion of the European quota period concerned; Parliament (*),

Whereas, during the last three years for which stat­ Whereas the Interim Agreement between the Euro­ istics are available, the corresponding imports of each pean Economic Community and the Kingdom of Member State represent the following percentages of Morocco (*), signed on 27 April 1976, provides in imports into the Community from Morocco of the Article 15, for the opening by the Community of an products concerned : annual Community tariff quota of 8 250 metric tons of apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating 1973 1974 1975 in Morocco; whereas the customs duties applicable to the quota are equal to 70% of the customs duties actually applied to non-member countries; whereas Benelux 0-7 0-8 0-6 the Community tariff quota in question should there­ Denmark 0 -6 0-3 — fore be opened for 1977; whereas, however, the 46-2 45-5 — Agreement expires on 30 June 1977; whereas the Germany Community intends to maintain its trading relations France 50-7 51-3 91-3 with that country; whereas the provisions governing Ireland — — — the second part of 1977 should not be less favourable than those laid down for the first; whereas in order — 0-5 2-1 Italy not to disrupt trading patterns for the products in United Kingdom 1-8 1-6 6-0 question, the Commmunity tariff quota should be opened for the whole of 1977;

Whereas it is, in particular, necessary to ensure equal and uninterrupted access for all importers in the Member States to the quota and uninterrupted ap­ Whereas, both these percentages and the estimates from certain Member States should be taken into plication of the rate laid down for that quota to all account as well as the need to ensure chat, in the circumstances, the obligations contracted under the Agreement concerned are allocated fairly among all the Member States; whereas the approximate (») OJ No C 259, 4. 11 . 1976, p. 37. percentages of the initial quota shares may therefore (*) OJ No L 141, 28. 5. 1976, p. 98. be fixed as follows :

20. 12. 76 Official Journal of the European Communities No L 350/85

Benelux 3 HAS ADOPTED THIS REGULATION : Denmark 3 Germany 36 Article 1 France 41 Ireland 2 From * January until 31 December 1977, a Com­ munity tariff quota of 8 250 metric tons shall be ItalY 5 opened in the Community for apricot pulp falling United Kingdom 10 within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Morocco.

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 instalment being allocated 3 . Within the limits of this tariff quota the new among all the Member States and the second forming Member States shall apply duties calculated in ac­ a reserve intended to cover any subsequent require­ cordance with the Interim Agreement between the ments of Member States which have used up their Community and Morocco and the Aot of Accession. initial shares ; whereas, in order to ensure a certain degree 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, amounting to 5 440 metric tons of the Community tariff quota referred to in Whereas Member States may use up their initial Article 1 , shall be allocated among the Member shares at different rates ; whereas, to provide for this States ; the shares, which subject to Article 5 shall be eventuality and to avoid disruption of supplies, any valid until 31 December 1977, shall be as follows : Member State which has almost used up its initial share should draw an additional share from the Benelux 160 metric tons, reserve ; whereas this should be done by each Member State when each of its additional shares has Denmark 160 metric tons, been almost used up, and so on as many times as the Germany 1 960 metric tons, reserve allows; whereas the initial and additional France 2 200 metric tons, shares should be valid until the end of the quota Ireland 120 metric tons, period ; whereas this form of administration requires close collaboration between Member States and the Italy 280 metric tons, Commission, and the Commission must be in a posi­ United Kingdom 560 metric tons. tion to keep a record of the extent to which the quota has been used up and to inform the Member 2. The second instalment of 2 810 metric tons shall States accordingly ; constitute the reserve.

Whereas if, at a given date in the quota period, Article 3 a considerable quantity of a Member State's initial share remains unused, it is essential that that Member State should return a significant proportion to the 1 . If 90% or more of any Member State's initial reserve so as to prevent a part of the quota from share as fixed in Article 2 ( 1 ), or 90% of that share remaining unused in one Member State when it could less any portion returned to the reserve, where be used in others ; Article 5 has been applied, has been used up that Member State shall forthwith, by notifying the Com­ mission, draw a second share equal to 15% of its initial share, rounded up where necessary to the next whole number, to the extent that the reserve so Whereas, since the Kingdom of Belgium, the Kingdom permits. of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux Economic Union, any measure concerning the admin­ 2. If after its initial share has been used up, 90% or istration of the quota shares allocated to that econ­ more of the second share drawn by a Member State omic union may be carried out by any of its members, has been used up, that Member State shall, in accord­

No L 350/86 Official Journal of the European Communities 20. 12. 76

ance with the conditions laid down in paragraph 1 , It shall inform the Member States, not later than draw a third share equal to 7-5 % of its initial share. 5 October 1977, of the state of the reserve after amounts have been returned thereto pursuant to Article 5 . 3. If after its second share has been used up, 90% or more of the third share drawn by a Member State It shall ensure that the drawing which exhausts the has been used up, that Member State shall, in ac­ reserve does not exceed the balance available and cordance with the same conditions, draw a fourth to this end shall specify the amount thereof to the share equal to the third. Member State making the final drawing.

This procedure shall apply until the reserve is used up. Article 7

4. Notwithstanding paragraphs 1 , 2 and 3, Member 1 . Member States shall take all appropriate measures States may draw smaller shares than those specified to ensure that additional shares drawn pursuant to therein if there are grounds for believing that those Article 3 are opened in such a way that imports may specified may not be used in full. They shall inform be charged without interruption against their aggre­ the Commission of their reasons for applying this gate shares of the Community quota. paragraph.

2. Member States shall ensure that importers of the Article 4 products in question established in their territory have free access to the shares allocated to them .

Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977. 3 . Member States shall charge imports of the said products against their shares as and when the prod­ uct in question is entered for home use.

4. The extent to which a Member State has used Article 5 up its share shall be determined on the basis of the imports charged in accordance with paragraph 3. Member States shall return to the reserve, not later than 1 October 1977, the unused portions of their initial shares which, on 15 September 1977, are in excess of 20% of the initial amounts. They may Article 8 return a greater portion if there are grounds for believing that such portions may not be used in full. At the Commission's request, Member States shall inform it of the imports actually charged against Member States shall notify the Commission, not later their shares. than 1 October 1977, of the total quantity of the product in question imported up to and including 15 September 1977 and charged against the Com­ munity quota and of any portion of their initial Article 9 shares returned to the reserve.

The Member States and the Commission shall co­ operate closely to ensure that this Regulation is complied with. Article 6

The Commission shall keep account of the shares Article 10 opened by the Member States pursuant to Articles 2 and 3 and, as soon as it has been notified, shall inform each Member State of the extent to which This Regulation shall enter into force on 1 January the reserve has been used up. 1977,

20. 12 . 76 Official Journal of the European Communities No L 350/87

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