31977R2821

23 . 12 . 77 Official Journal of the European Communities No L 331 /33

COUNCIL REGULATION ( EEC) No 2821 /77 of 28 November 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 Israel ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES, sentative reference period and to the economic out­ look for the quota period concerned ;

Having regard to the Treaty establishing the Euro­ Whereas, during the last three years for which statis­ pean Economic Community, and in particular tics are available, the corresponding imports of each Articles 43 and 113 thereof, Member State represent the following percentages as against the imports into the Community from Israel of the products concerned :

Having regard to the proposal from the Commission, Member States 1974 1975 1976

Benelux 100 — 1-4 Having regard to the opinion of the European Parlia­ (= 25 t) ment ( 1 ), Denmark — — — . — — 57-1 Germany France — — 41-5 Whereas the Agreement between the European Eco­ nomic Community and the State of Israel (2) signed Ireland — — — on 11 May 1975 provides , in Protocol 1 annexed — — — Italy thereto, for the opening by the Community of an an­ — — — nual Community tariff quota of 150 tonnes of apricot United Kingdom pulp falling within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff, originating in Israel ; whereas the customs duties applicable to the quota are equal to 70 % of the customs duties actually ap­ Whereas these data cannot be considered as repre­ plied to non-member countries ; whereas the Com­ sentative to serve as a basis for allocation of the munity tariff quota in question should therefore be quota volume among the Member States ; whereas it is opened for 1978 ; difficult to estimate imports by Member States for 1978 because of the absence of any pattern in pre­ vious years ; whereas to allocate the quota volume on a fair basis, the initial quota shares may be fixed ap­ Whereas it is in particular necessary to ensure to all proximately as follows : importers of the Member States equal and uninter­ rupted access to the quota and uninterrupted appli­ Benelux 7-5 % cation of the rate laid down for that quota to all im­ ports of the product in question into all Member Denmark 4-2 % States until the quota has been used up ; whereas having regard to the above principles the Community Germany 41-6 % nature of the quota can be respected by allocating the France 8-3 % tariff quota among the Member States ; whereas, to reflect most accurately the actual development of the Ireland 4-2 % market in ' the products in question, such allocation Italy 4-2 % should be in proportion to the requirements of the Member States, assessed by reference both to the sta­ United Kingdom 30-0 % ; tistics relating to imports from Israel over a repre­

Whereas, to take account of future import trends in the various Member States for the products con­ (!) OJ No C 241 , 10. 10. 1977, p. 46. cerned, the quota volume should be divided into two (2) OJ No L 136, 28 . 5 . 1975, p. 3 . instalments, the first being allocated among the

No L 331 /34 Official Journal of the European Communities 23 . 12 . 77

Member States and the second held as a reserve in­ Article 2 tended to cover at a later date the requirements of Member States which have used up their initial share ; 1 . A first instalment of 120 tonnes of the Com­ whereas , in order to ensure a certain degree of secur­ munity tariff quota referred to in Article 1 shall be al­ ity to importers of each Member State, the first instal­ located among the Member States ; the shares which, ment of the Community tariff quota could be fixed at subject to Article 5 shall be valid until 31 December 80 % of the quota volumes ; 1978 , shall be as follows :

Benelux 9 tonnes , Whereas the initial shares of Member States may be used up at different times ; whereas , in order to take Denmark 5 tonnes , this fact into account and to avoid any break in Germany 50 tonnes , continuity , it is important that any Member State which has used up almost all of its initial share should France 10 tonnes , draw a supplementary share from the reserve ; whereas this must be done by each Member State Ireland 5 tonnes , if each of its supplementary shares is almost used Italy 5 tonnes , up, and as many times as the reserve allows ; whereas each initial and supplementary share must United Kingdom 36 tonnes . be valid until the end of the quota period ; whereas this form of administration requires close colla­ 2 . A second instalment of 30 tonnes shall consti­ boration between Member States and the Commission , tute the reserve . and the Commission must be in a position to follow the extent to which the tariff quotas have been used up and inform the Member States thereof; Article 3 Whereas if, at a given date in the quota period, a considerable quantity of the initial share remains in 1 . If 90 % or more of any Member State's initial any Member State, it is essential that that State share as laid down in Article 2 ( 1 ), or 90 % of that should return a significant proportion to the reserve share less the amount returned into the reserve, in order to avoid part of the Community quota re­ where Article 5 has been applied, has been exhausted, maining unused in one Member State when it could that Member State shall without delay, by notifying be used in others ; the Commission , draw a second share in the quota equal to 15 % of its initial share, rounded up to the next unit, where appropriate, to the extent that the Whereas, since the Kingdom of Belgium, the King­ amount in the reserve allows . dom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union , all transactions concerning 2. If, after its initial share has been exhausted , the administration of the shares granted to the above­ 90 % or more of the second share drawn by a Mem­ mentioned economic union may be carried out by ber State has been used , that Member State shall, in any of its members , accordance with the conditions laid down in para­ graph 1 , draw a third share, equal to 7-5 % of its initial share .

HAS ADOPTED THIS REGULATION : 3 . If after its second share has been exhausted, 90 % or more of the third share drawn by a Member State has been used , that Member State shall , in ac­ Article 1 cordance with the same conditions , draw a fourth share equal to the third .

1 . From 1 January to 31 December 1978 , a Com­ This process shall be applied until the reserve is ex­ munity tariff quota of 150 tonnes shall be opened in hausted . the Community for apricot pulp , falling within sub­ heading ex 20.06 B II c) 1 aa ) of the Common Customs Tariff, originating in Israel . 4. Notwithstanding the provisions of paragraphs 1 to 3 , Member States may draw smaller shares than those fixed in those paragraphs if there is reason to 2. Within the limits of this tariff quota the Com­ believe that these shares might not be used up . They mon Customs Tariff duty applicable to these shall inform the Commission of their reasons for ap­ products shall be suspended at a rate of 11-9 % . plying this paragraph .

23 . 12 . 77 Official Journal of the European Communities No L 331 /35

Article4¶

Additional shares drawn pursuant to Article 3 shall 1 . The Member States shall take all measures nec­ be valid until 31 December 1978 . essary to ensure that supplementary shares drawn pursuant to Article 3 are opened in such a way that Article 5 changes may be made without interruption against their accumulative shares of the Community quota. The Member States shall not later than 1 October 2. Member States shall ensure that importers of 1978 , return to the reserve the unused portions of the said products established in their territory have their initial shares which, on 15 September 1978 , is in free access to the shares allocated to them . excess of 20 % of the initial amount. They may return a greater portion if there are grounds for believing that such portion may not be used in full . 3 . The Member States shall charge imports of the said goods against their shares as and when the goods are entered with customs authorities for home The Member States shall, not later than 1 October use . 1978 , notify the Commission of the total imports of the products concerned effected under the Com­ 4. The extent to which a Member State has used munity quota up to 15 September 1978 inclusive, and where appropriate, the proportion of their initial up its share shall be determined on the basis of the shares that they are returning to the reserve. imports charged in accordance with paragraph 3 .

Article6¶

The Commission shall keep account of the shares On receipt of a request from the Commission, Mem­ opened by the Member States in accordance with ber States shall inform it of imports actually charged Articles 2 and 3 , and shall inform each of them of the against their shares. extent to which the reserve has been used as soon as it receives the notifications . Article 9

The Commisson shall, not later than 5 October 1978 , The Member States and the Commission shall notify the Member States of the state of the reserve cooperate closely in order to ensure that this Regula­ after the return of shares pursuant to Article 5 . tion is observed .

The Commission shall ensure that any drawing Article 10 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 This Regulation shall enter into force on 1 January the final drawing. 1978 .

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

Done at Brussels, 28 November 1977 .

For the Council

The President L. OUTERS