31976R3049

No L 350/88 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3049/76 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 Tunisia ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, plication of the rate laid down for that quota to all imports of the product in question into all Member States until the sa/id quota has been used up ; whereas, having regard to the above principles, the Com­ Having regard to the Treaty establishing the Euro­ munity nature of the quota can be respected by pean Economic Community, and in particular allocating the tariff quota among the Member States ; Articles 43 and 113 thereof, whereas, to reflect most accurately the actual development of the market in the products in question, such allocation should be in proportion to the requirements of the Member States, assessed Having regard to the proposal from the Commission, by reference both to the statistics relating to imports of the said product from Tunisia over a representa­ tive reference period and to the economic outlook for Having regard to the opinion of the European the quota period concerned ; Parliament ( M ,

Whereas the Interim Agreement between the Euro­ Whereas, during the last three years for which stati­ pean Economic Community and the Republic of stics are available, the corresponding imports of each Tunisia (2), signed on 25 April 1976, provides in Member State represent the following percentages of Article 14, for the opening by the Community of an imports into the Community from Tunisia of the annual Community tariff quota of 4 300 metric tons products concerned : of apricot pulp falling within subheadiing ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Tunisia ; whereas the customs duties applicable to the quota are equal to 70% of the 1973 1974 1975 customs duties actually applied to non-member countries ; whereas the Community tariff quota in Benelux 15-8 3-4 3-8 question should therefore be opened for 1977 ; — — — whereas, however, the Agreement expires on 30 June Denmark 1977 ; whereas the Community intends to maintain — Germany 10-2 2-5 its trading relations with that country; whereas the conditions governing the second half of 1977 should France 74-0 94-1 95-2 not be less favourable than those laid down for the Ireland — — — first; whereas in order not to disrupt trading patterns — — 1-0 for the products in question, the Community tariff Italy quota should be opened for the whole of 1977 ; — — — United Kingdom

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 account as well as the need to ensure that, in the circumstances, the obligations contracted under the (») OJ No C 259, 4. 11 . 1976, p. 37. Agreement concerned are allocated fairly among all (*) OJ No L 141 , 28. 5. 1976, p. 195 . the Member States ; whereas the approximate

20. 12. 76 Official Journal of die European Communities No L 350/89

percentages of the initial quota shares may therefore economic union may be carried out by any of its be fixed as follows : members,

Benelux 10 Denmark 5 HAS ADOPTED THIS REGULATION : Germany 10 France 62 Article 1 Ireland 3 Italy 5 1 . From 1 January until 31 December 1977, a Com­ munity tariff quota of 4 300 metric tons shall be United Kingdom 5 opened in the Community for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Tunisia. Whereas, in order to take account of future trends in imports into the various Member States of the product concerned, the quota should be divided into 2. Within the limits of this tariff quota the Common two instalments, the first instalment being allocated Customs Tariff duty applicable to these products among all the Member States and the second forming shall be suspended at a rate of 11-9% . a reserve intended to cover any subsequent require­ ments of Member States which have used up their initial shares ; whereas, tin order to ensure a certain 3 . Within the limits of this tariff quota the new degree of security for importers in each Member Member States shall apply duties calculated in State, the first instalment of the Community tariff accordance with the Interim Agreement between the quota should be set at 66% of the quota; Community and Tunisia and the Act of Accession.

Article 2 Whereas Member States may use up their initial shares at different rates ; whereas, to provide for this eventuality and to avoid disruption of supplies, any 1 . A first instalment, amounting to 2 840 metric tons Member State which has almost used up its initial of the Community tariff quota referred to in Article 1, share should draw an additional share from the shall be allocated among the Member States ; the reserve ; whereas this should be done by each shares, which subject to Article 5 shall be valid until Member State when each of its additional shares 31 December 1977, shall be as follows : has been almost used up, and so on as many times as the reserve allows ; whereas the initial and ad­ Benelux 280 metric tons, ditional Shares should be valid until the end of the Denmark 140 metric tons, quota period; whereas this form of administration requires close collaboration 'between Member States Germany 280 metric tons, and the Commission, and the Commission must be France 1 760 metric tons, in a position to keep a record of the extent to which the quota has been used up and to inform the Ireland 100 metric tons, Member States accordingly; Italy 140 metric tons, United Kingdom 140 metric tons .

Whereas if, at a given date in the quota period, a con­ siderable quantity of a Member State's initial share 2. The second instalment of 1 460 metric tons shall remains unused, it is essential that that Member constitute the reserve. 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 it could be used in others ; Article 3

1 . If 90% or more of any Member State's initial Whereas, since the Kingdom of Belgium, the Kingdom share as fixed in Article 2 ( 1 ), or 90% of that share of the Netherlands and the Grand Duchy of Luxem­ less any portion returned to the reserve, where bourg are united in and represented by the Benelux Article 5 has been applied, has been used up that Economic Union, any measure concerning thfe admin­ Member State shall forthwith, by notifying the Com­ istration of the quota shares allocated to that mission, draw a second share equal to 15% of its

No L 350/90 Official Journal of the European Communities 20. 12. 76

initial share, rounded up where necessary to the next and 3 and, as soon as it has been notified, shall whole number, to the extent that the reserve so inform each Member State of the extent to which the permits. reserve has 'been used up.

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

This procedure shall apply until the reserve is used 1 . Member States shall take all appropriate measures up. to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their 4. Notwithstanding paragraphs 1 , 2 and 3, Member aggregate shares of the Community quota. States may draw smaller shares than those specified therein if there are grounds for believing that those specified may not be used in full. They shall inform 2. Member States shall ensure that importers of the the Commission of their reasons for applying this products in question established in their territory paragraph. have free access to the shares allocated to them.

Article 4 3 . Member States shall charge imports of the said products against their shares as and when the product in question is entered for home use. Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1977.

4. The extent to which a Member State has used up its share shall be determined on the basis of the Article 5 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 Article 8 initial shares which, on 15 September 1977, are in excess of 20% of the initial amounts. They may At the Commission's request, Member States shall return ia greater portion if there are grounds for inform it of the imports actually charged against their believing that such portions may not be used in full. shares.

Member States shall notify the Commission, not later than 1 October 1977, of the total quantity of the Article 9 product in question imported up to and including 15 September 1977, and charged against the Com­ The Member States and the Commission shall munity quota and of any portion of their initial cooperate closely to ensure that this Regulation is shares returned to the reserve. complied with.

Article6¶

The Commission shall keep an account of the shares This Regulation shall enter into force on 1 January opened by the Member States pursuant to Articles 2 1977.

20 . 12.76 Official Journal of the European Communities No L 350/91

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