31977R2823

23.12 . 77 Official Journal of the European Communities No L 331 /39

COUNCIL REGULATION ( EEC ) No 2823 /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 Tunisia ( 1978 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , ence period and to the economic outlook 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 of imports into the Community from Tunisia 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 3-4 3-8 7-1 ment ( M , — — — Denmark 2-5 — — Germany France 94-1 95-2 92-9 "Whereas the Cooperation Agreement between the European Economic Community and the Republic of Ireland — — — Tunisia , signed on 25 April 1976, provides for the — — Italy 1-0 opening by the Community of an annual Community — — — tariff quota of 4 300 tonnes of apricot pulp falling United Kingdom within subheading ex 20.06 B II c) 1 aa) of the Com­ mon Customs Tariff, originating in Tunisia ; whereas the customs duties applicable to the quota are equal Whereas both these percentages and the estimates to 70 % of the customs duties actually applied to from certain Member States should be taken into non-member countries ; whereas the Community account as well as the need to ensure that, in the tariff quota in question should therefore be opened circumstances, the obligations contracted under the for 1978 ; Agreement concerned are allocated fairly among all the Member States ; whereas the approximate per­ centages of the initial quota shares may therefore be Whereas it is in particular necessary to ensure equal fixed as follows : and uninterrupted access for all importers in the Benelux 10 % Member States to the quota and uninterrupted appli­ cation of the rate laid down for that quota to all im­ Denmark 5 % ports of the product in question into all Member States until the said quota has been used up ; whereas , Germany 10 % having regard to the above principles, the Com­ France 62 % munity nature of the quota can be respected by allo­ cating the tariff quota among the Member States ; Ireland 3 % whereas, to reflect most accurately the actual develop­ Italy 5 % ment of the market in the products in question, such allocation should be in proportion to the re­ United Kingdom 5 % ; quirements of the Member States , assessed by refer­ ence both to the statistics relating to imports of the Whereas , in order to take account of future trends in said product from Tunisia over a representative refer­ 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 Member States and the second to form a reserve in­ ( ! ) Opinion delivered on 18 November 1977 ( not yet published in the Official Journal ). tended to cover any subsequent requirements of

No L 331 /40 Official Journal of the European Communities 23 . 12 . 77

Member States which have used up their initial Article 2 shares ; whereas, in order to ensure a Certain degree of security for importers in each Member State, the 1 . A first instalment of 2 840 tonnes of the Com­ first instalment of the Community tariff quota should munity tariff quota referred to in Article 1 , shall be be set at 66 % of the quota ; allocated among the Member States ; the shares, which subject to Article 5 shall be valid until 31 December Whereas Member States may use up their initial 1978 , shall be as follows : shares at different rates ; whereas, to provide for this Benelux 280 tonnes . eventuality and to avoid disruption of supplies, any Member State which has almost used up its initial Denmark 140 tonnes , share should draw an additional share from the re­ serve; whereas this should be done by each Member Germany 280 tonnes , State when each of its additional shares has been France 1 760 tonnes, almost used up, and so on as many times as the reserve allows ; whereas the initial and additional shares Ireland 100 tonnes , should be valid until the end of the quota period; whereas this form of administration requires close Italy 140 tonnes, collaboration between Member States and the Com­ United Kingdom 140 tonnes . mission , and the Commission must be in a position to keep a record of the extent to which the quota has been used up and to inform the Member States ac­ 2. The second instalment of 1 460 tonnes shall cordingly ; constitute the reserve.

Whereas if, at a given date in the quota period, a con­ siderable quantity of a Member State's initial share re­ Article 3 mains unused, it is essential that that Member State should return a significant proportion to the reserve so as to prevent a part of the quota from remaining 1 . If 90% or more of any Member State's initial unused in one Member State when it could be used share as fixed in Article 2 ( 1 ), or 90 % of that share in others ; less any portion returned to the reserve, where Article 5 has been applied, has been used up that Member State shall forthwith, by notifying the Com­ Whereas, since the Kingdom of Belgium, the King­ mission, draw a second share equal to 15 °/o of its dom of the Netherlands and the Grand Duchy of initial share, rounded up where necessary to the next whole number) to the extent that the reserve permits . Luxembourg are united within and jointly represent­ ed by the Benelux Economic Union, any measure con­ cerning the administration of the shares allocated to 2. If, after its initial share has been used up, 90 % that economic union may be carried out by any one or more of the second share drawn by a Member of its members, State has been used up, that Member State shall, in accordance with the conditions laid down in para­ graph 1 , draw a third share equal to 7-5 °/o of its initial share .

HAS ADOPTED THIS REGULATION : 3 . If after its second share has been used up, 90 °/o or more of the third share drawn by a Member State has been used up, that Member State shall, in accord­ Article 1 ance 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 of 4 300 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 Tunisia. 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 products inform the Commission of their reasons for apply­ shall be suspended at a rate of 11-9 %. ing this paragraph.

23 . 12 . 77 Official Journal of the European Communities No L 331 /41

Article4¶

Additional shares drawn pursuant to Article 3 shall 1 . Member States shall take all appropriate be valid until 31 December 1978 . measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against Article S their 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 have free access to the shares allocated to them . excess of 20% of the initial amounts . They may return a greater portion if there are grounds for 3 . Member States shall charge imports of the said believing 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.

Article8¶

At the Commission's request, Member States shall in­ The Commission shall keep an 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 has been used up. Article 9

It shall inform the Member States, not later than 5 The Member States and the Commission shall 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 It 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