31977R1181

9 . 6. 77 Official Journal of the European Communities No L 142/27

COUNCIL REGULATION (EEC) No 1181 /77

of 17 May 1977

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 Turkey

THE COUNCIL OF THE EUROPEAN COMMUNITIES, laid down for that quota to all imports of the product in question into the Member States until the quota has been used up ; whereas having regard to the above principles the Community nature of the quota can be respected by Having regard to the Treaty establishing the European allocating the tariff quota among the Member States; Economic Community, and in particular Articles 43 and whereas, to reflect most accurately the actual develop­ 113 thereof, ment of the market in the products in question, such allo­ cation should be in proportion to the requirements of the Having regard to the proposal from the Commission, Member States, assessed by reference both to the statistics relating to imports from Turkey over a representative re­ Having regard to the opinion of the European Parlia­ ference period and to the economic outlook for the quota ment ( 1 ), period concerned;

Whereas Article 13 of Council Regulation (EEC) No 1180/77 of 17 May 1977 on imports into the Community Whereas, during the last three years for which statistics of certain agricultural products originating in Turkey (2 ) are available, the corresponding imports of each Member provides for the opening by the Community of an annual State from Turkey have been negligible or non-existent; Community tariff quota of 90 tonnes for apricot pulp, fal­ whereas those data cannot therefore be considered as rep­ ling within subheading ex 20.06 B II c) 1 aa) of the Com­ resentative to serve as a basis for allocation of the quota mon Customs Tariff, originating in Turkey ; whereas the volume among the Member States; whereas it is difficult customs duties applicable within the limits of that tariff to estimate imports by Member States for 1977 because of quota correspond to 70% of the customs duties actually the absence of truly representative figures for previous applied in respect of non-member countries; whereas the years ; whereas, consequently, the only solution seems to tariff quota in question should therefore be opened for the be to allocate a large part of the quota volume to the abovementioned volume for the period 1 July 1977 to 30 Community reserve and to allocate one seventh of the ba­ . June 1978 ; whereas, with regard to the new Member lance to the Benelux countries, Denmark, Germany, States, it should be noted that Article 2 of the Interim France, Ireland, Italy and the United Kingdom; Agreement concluded pending the entry into force of the Additional Protocol signed at Ankara on 30 June 1973 (3 ) lays down that the reductions in customs duties which are Whereas the initial shares may be used up fairly quickly; provided for pursuant to the Association Agreement shall whereas, therefore, to avoid disruption of supplies any be applicable in the new Member States, in accordance Member State which has almost used up its initial share, with the percentages and timetable laid down, upon the shall draw a supplementary share from the Community entry into force of that Agreement; whereas the rates to reserve; whereas this must be done by each Member State which the new Member States shall apply those reduc­ as each one of its supplementary shares is almost used up, tions shall be those which they apply at any given moment and as many times as the reserve allows; whereas the ini­ to non-member countries ; tial and supplementary shares must be valid until the end of the quota period; whereas this form of administration Whereas it is in particular necessary to guarantee all im­ requires close collaboration between the Member States porters of the Community equal and uninterrupted access and the Commission, and the Commission must be in a to the quota and uninterrupted application of the rates position to follow the extent to which the tariff quota has been used up and inform the Member States thereof;

(») OJ No C 118 , 16 . 5 . 1977, p . 67 . Whereas if, at a given date in the quota period, a consider­ (2 ) See page 10 of this Official Journal. able quantity of a share remains in any Member State, it is (3 ) OJ No L 277, 3 . 10 . 1973 , p. 2. essential that that State should return a significant propor­

No L 142 /28 Official Journal of the European Communities 9 . 6 . 77

tion to the reserve in order to avoid part of the Com­ ing the Commission, draw a second share equal to 15% of munity quota remaining unused in one Member State its initial share, rounded up where necessary to the next when it could be used in others ; unit, to the extent permitted by the amount of the reserve.

Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are 2 . If, after its initial share has been used up, 90% or more united in and represented by the Benelux Economic of the second share drawn by a Member State has been Union, any measure concerning the administration of the used up, that Member State shall, in accordance with the shares allocated to that economic union may be carried conditions imposed by paragraph 1 , draw a third share out by any of its members, equal to 7-5% of its initial share, rounded up where neces­ sary to the next unit.

HAS ADOPTED THIS REGULATION : 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 Article 1 same conditions, draw a fourth share equal to the third.

1 . From 1 July 1977 until 30 June 1978 , a Community This process shall continue to apply until the reserve is tariff quota of 90 tonnes shall be opened in the Com­ used up . munity for apricot pulp, falling within subheading ex 20.06 B II c) 1 aa ) of the Common Customs Tariff, originating in Turkey. 4. By way of derogation from paragraphs 1 to 3 , a Member State may draw shares smaller than those fixed in 2 . Within the limits of this tariff quota, the Common those paragraphs if there are grounds for believing that Customs Tariff duty applicable to these products shall be those fixed may not be used up. It shall inform the Com­ partially suspended at a rate of 11-9% . mission of its reasons for applying this paragraph.

3 . Within the limits of this tariff quota, the new Member States shall apply duties calculated in accordance with the relevant provisions of the Act of Accession, the Interim Article 4 Agreement and Regulation (EEC) No 11 80/77 .

Supplementary shares drawn pursuant to Article 3 shall be valid until 30 June 1978 . Article 2

1 . A first instalment of 35 tonnes shall be allocated among the Member States; the respective shares of the Member States, which, subject to Article 5 , shall be valid Article S from 1 July 1977 to 30 June 1978 , shall be as follows: The Member States shall return to the reserve, not later Benelux 5 tonnes, than 1 April 1978 , the unused portion of their initial share Denmark 5 tonnes, which, on 15 March 1978 , is in excess of 20% of the in­ Germany 5 tonnes, itial amount. They may return a larger quantity if there are France 5 tonnes, reasons to believe that such quantity might not be used. Ireland 5 tonnes, Italy 5 tonnes, United Kingdom 5 tonnes . Member States shall, not later than 1 April 1978 , notify the Commission of the total quantities of the said goods imported up to and including 15 March 1978 and charged 2 . The second instalment of 55 tonnes shall be held as the against the Community tariff quota and any quantities of Community reserve. the initial shares returned to the reserve.

Article3¶

1 . If 90% or more of a Member State's initial share as Article 6 specified in Article 2 ( 1 ), or of that share minus the portion returned to the reserve where Article 5 is applied, has been The Commission shall keep an account of the shares used up , that Member State shall without delay, by notify­ opened by the Member States pursuant to Articles 2 and 3

9 . 6 . 77 Official Journal of the European Communities No L 142/29

and shall, as soon as it has been notified, inform each State 3 . Member States shall charge imports of the said goods of the extent to which the reserve has been used up . against their shares as and when such goods are entered for home use. It shall inform the Member States not later than 5 April 4 . The extent to which a Member State has used up its 1978 , of the amount still in reserve after amounts have share shall be determined on the basis of imports charged been returned thereto pursuant to Article 5 . in accordance with paragraph 3 .

It shall ensure that the drawing which uses up the reserve is limited to the balance available and to this end shall Article 8 specify the amount thereof to the Member State making the last drawing. At the request of the Commission, Member States shall in­ form it of imports of the products concerned actually charged against their shares. Article 7

1 . Member States shall take all measures necessary to en­ Article 9 sure that supplementary shares drawn pursuant to Article 3 are opened in such a way that imports may be charged Member States and the Commission shall cooperate without interruption against their accumulated shares in closely in order to ensure that this Regulation is observed. the Community tariff quota.

2 . Member States shall ensure that importers of the said Article 10 goods established in their territory have free access to the shares allocated to them . This Regulation shall enter into force on 1 July 1977.

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

Done at Brussels, 17 May 1977.

For the Council The President

J. SILKIN