31977R2822

No L 331 /36 Official Journal of the European Communities 23 . 12 . 77

COUNCIL REGULATION (EEC) No 2822/77

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 Morocco (1978)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , to the economic outlook for the quota period con­ cerned ;

Having regard to the Treaty establishing the Euro­ Whereas, during the last three years for which stat­ pean Economic Community, and in particular istics are available, the corresponding imports of each Articles 43 and 113 thereof, Member State represent the following percentages of imports into the Community from Morocco of the products concerned : Having regard to the proposal from the Commission, Member States 1974 1975 1976

Having regard to the opinion of the European Parlia­ Benelux 0-8 0-6 11-6 ment (*), Denmark 0-3 — — 45-5 — 0-9 Germany Whereas the Cooperation Agreement between the France 51-3 91-3 87-5 European Economic Community and the Kingdom of — — — Ireland Morocco, signed on 27 April 1976, provides for the 0-5 2-1 — opening by the Community of an annual Community Italy tariff quota of 8 250 tonnes of apricot pulp falling 1 -6 6· 0 — United Kingdom within subheading ex 20.06 B II c) 1 aa) of the Com­ mon Customs Tariff, originating in Morocco ; where­ as the customs duties applicable to the quota are equal to 70 % of the customs duties actually applied Whereas, both these percentages and the estimates to non-member countries ; whereas the Community from certain Member States should be taken into tariff quota in question should therefore be opened account as well as the need to ensure that, in the for 1978 ; circumstances, the obligations contracted under the Agreement concerned are allocated fairly among all the Member States ; whereas the approximate per­ Whereas it is, in particular, necessary to ensure equal centages of the initial quota shares may therefore be and uninterrupted access for all importers in the fixed as follows : Member States to the quota and uninterrupted appli­ Benelux 10 % cation of the rate laid down for that quota to all im­ ports of the product in question into all Member Denmark 3 % States until the said quota has been used up ; whereas having regard to the above principles the Community Germany 29 % nature of the quota can be respected by allocating the France 41 % tariff quota among the Member States ; whereas, to reflect most accurately the actual development of the Ireland 2 % market in the products in question, such allocation should be in proportion to the requirements of the Italy 5 % Member States, assessed by reference both to the sta­ United Kingdom 10 % ; tistics relating to imports of the said product from Morocco over a representative reference period and Whereas, in order to take account of future trends in imports into the various Member States of the pro­ ducts concerned, the quota should be divided into two instalments, the first to be allocated among all the (*) Opinion delivered on 18 November 1977 (not yet published in the Official Journal ). Member States and the second to form a reserve in­

23 . 12 . 77 Official Journal of the European Communities No L 331 /37

tended to cover any subsequent requirements of Article 2 Member States which have used up their initial shares ; whereas, in order to ensure a certain degree 1 . A first instalment of 5 440 tonnes of the Com­ of security for importers in each Member State, the munity tariff quota referred to in Article 1 , shall be first instalment of the Community tariff quota should allocated among the Member States ; the shares, be set at 66 % of the quota ; which subject to Article 5 shall be valid until 31 De­ cember 1978 , shall be as follows : Whereas Member States may use up their initial Benelux 560 tonnes , shares at different rates ; whereas, to provide for this eventuality and to avoid disruption of supplies, any Denmark 160 tonnes, Member State which has almost used up its initial share should draw an additional share from the re­ Germany 1 560 tonnes, serve ; whereas this should be done by each Member France 2 200 tonnes, State when each of its additional shares has been al­ most used up, and so on as many times as the reserve Ireland 120 tonnes, allows ; whereas the initial and additional shares Italy 280 tonnes, should be valid until the end of the quota period; whereas this form of administration requires close United Kingdom 560 tonnes . cooperation between Member States and the Com­ mission, and the Commission must be in a position to keep a record of the extent to which the quota has 2 . The second instalment of 2 810 tonnes shall con­ been used up and to inform the Member States ac­ stitute the reserve. cordingly ;

Article 3 Whereas if, at a given date in the quota period, a con­ siderable quantity of a Member State's initial share remains unused, it is essential that that Member State 1 . If 90 % or more of any Member State's initial should return a significant proportion to the reserve share as fixed in Article 2 ( 1 ), or 90 % of that share so as to prevent a part of the quota from remaining less any portion returned to the reserve where Article unused in one Member States when it could be used 5 has been applied, has been used up, that Member in others ; State shall forthwith, by notifying the Commission, draw a second share equal to 15 % of its initial share, rounded up where necessary to the next whole Whereas, since the Kingdom of Belgium, the King­ number, to the extent that the reseerve so permits. dom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represent­ ed by the Benelux Econoinic Union, any measure 2. If after its initial share has been used up, 90 % concerning the administration of the shares allocated or more of the second share drawn by a Member to that economic union may be carried out by any State has been used up, that Member State shall, in one 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 used up, 90 % or more of the third share drawn by a Member State has been used up , that Member State shall, in Article 1 accordance with the same conditions , draw a fourth share equal to the third .

1 . For the period 1 January to 31 December 1978 , This procedure shall apply until the reserve is used a Community tariff quota a 8 250 tonnes shall be up . opened in the Community for apricot pulp falling within subheading ex 20.06 B II c) 1 aa) of the Com­ mon Customs Tariff, originating in Morocco . 4 . Notwithstanding paragraphs 1 , 2 and 3 , Mem­ ber States may draw smaller shares than those speci­ fied therein if there are grounds for believing that 2. Within the limits of this tariff quota the Com­ those specified may not be used in full. They shall mon Customs Tariff duty applicable to these inform the Commission of their reasons for applying products shall be suspended at a rate of 11-9 % this paragraph .

23 . 12 . 77 No L 331 /38 Official Journal of the European Communities

Article4¶

Additional shares drawn pursuant to Article 3 shall 1 . Member States shall take all appropriate meas­ be valid until 31 December 1978 . ures 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 Article 5 aggregate shares of the Community quota .

Member States shall return to the reserve, not later 2. Member States shall ensure that importers of than 1 October 1978 , the unused portions of their the products in question established in their territory initial shares which, on 15 September 1978 , are in ex­ have free access to the shares allocated to them. cess of 20 % of the initial amounts. They may return a greater portion if there are grounds for believing 3 . Member States shall charge imports of the said that such portions may not be used in full. products against their shares as and when the products in question are entered with customs Member States shall notify the Commission, not later authorities for home use. than 1 October 1978 , of the total quantity of the product in question imported up to and including 15 4. The extent to which a Member State has used September 1978 and charged against the Community up its share shall be determined on the basis of the quota and of any portion of their initial shares re­ imports charged in accordance with paragraph 3 . turned to the reserve.

Article 8 Article 6 At the Commission's request, Member States shall in­ The Commission shall keep account of the shares form it of the imports actually charged against their opened by the Member States pursuant to Articles 2 shares . and 3 and, as soon as it has been notified, shall in­ form each Member State of the extent to which the reserve ha^ been used up. Article 9

It shall inform the Member States, not later than The Member States and the Commission shall 5 October 1978 , of the state of the reserve after cooperate closely to ensure that this Regulation is amounts have been returned thereto pursuant to complied with . Article 5 .

Article 10 Its shall ensure that the drawing which exhausts the reserve does not exceed the balance available and to this end shall specify the amount thereof to the Mem­ This Regulation shall enter into force on 1 January ber State making 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