31978R1132

30 . 5 . 78 Official Journal of the European Communities No L 142/41

COUNCIL REGULATION (EEC) No 1132/78

of 22 May 1978 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, Turkey over a representative reference period and to the economic outlook for the quota period concerned;

Having regard to the Treaty establishing the European Whereas, during the last three years for which statistics Economic Community, and in particular Articles 43 and are available, the corresponding imports of each 113 thereof, Member State from Turkey have been negligible or non-existent; whereas those data cannot therefore be considered as representative to serve as a basis for allo­ cation of the quota volume among the Member States ; Having regard to the proposal from the Commission, whereas it is difficult to estimate imports by Member States because of the absence of truly representative figures for previous years; whereas, consequently, the Having regard to the opinion of the European Parlia­ only solution seems to be to allocate part of the quota ment (*), volume to the Community reserve and to allocate one seventh of the balance to the Benelux countries, Den­ mark, Germany, France, Ireland, Italy and the United Kingdom ; Whereas Article 13 of Council Regulation (EEC) No 1180/77 of 17 May 1977 on imports into the Commun­ ity of certain agricultural products originating in Turkey (2) provides for the opening by the Community, with Whereas the initial shares may be used up fairly quick­ effect from 1 July 1977, of an annual Community tariff ly; whereas, therefore, to avoid disruption of supplies quota of 90 tonnes for apricot pulp falling within sub­ any Member State which has almost used up its initial heading ex 20.06 B II c) 1 aa) of the Common Customs share shall draw a supplementary share from the Tariff, originating in Turkey; whereas the customs Community reserve; whereas this must be done by each duties applicable within the limits of that tariff quota Member State as each one of its supplementary shares is correspond to 70 % of the customs duties actually ap­ almost used up, and as many times as the reserve al­ plied in respect of non-member countries ; whereas the lows ; whereas the initial and supplementary shares must tariff quota in question should therefore be opened for be valid until the end of the quota period; whereas this the abovementioned volume for the period 1 July 1978 form of administration requires close collaboration to 30 June 1979 ; between the Member States and the Commission, and the Commission must be in a position to follow the extent to which the tariff quota has been used up and inform the Member States thereof; Whereas it is in particular necessary to guarantee all importers of the Community equal and uninterrupted access to the quota and uninterrupted application of the rates laid down for that quota to all imports of the Whereas if at a given date in the quota period a con­ product in question into the Member States until the siderable quantity of a share remains in any Member quota has been used up; whereas having regard to the State, it is essential that that State should return a sig­ above principles the Community nature of the quota nificant proportion to the reserve in order to avoid part can be respected by allocating the tariff quota among of the Community quota remaining unused in one the Member States ; whereas, to reflect most accurately Member State when it could be used in others ; 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 by refer­ ence both to the statistics relating to imports from Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ bourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that economic H OJ No C 108, 8 . 5 . 1978 , p. 57. (2) OJ No L 142, 9. 6. 1977, p. 10. union may be carried out by any one of its members,

No L 142 /42 Official Journal of the European Communities 30 . 5 . 78

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

Article 1 This process shall continue to apply until the reserve is used up. 1 . From 1 July 1978 until 30 June 1979, a Community tariff quota of 90 tonnes shall be opened in the Com­ 4 . By way of derogation from paragraphs 1 to 3 , a munity for apricot pulp falling within subheading ex Member State may draw shares smaller than those fixed 20.06 B II c) 1 aa) of the Common Customs Tariff, in those paragraphs if there are grounds for believing originating in Turkey. that those fixed may not be used up. It shall inform the Commission of its reasons for applying this paragraph. 2. Within the limits of this tariff quota, the Common Customs Tariff duty applicable to these products shall be partially suspended at a rate of 11-9 % . Article 4

Supplementary shares drawn pursuant to Article 3 shall Article 2 be valid until 30 June 1979.

1 . A first instalment of 70 tonnes shall be allocated among the Member States ; the respective shares of the Article 5 Member States which, subject to Article 5 , shall be valid from 1 July 1978 to 30 June 1979, shall be as follows : The Member States shall return to the reserve, not later than 1 April 1979, the unused portion of their initial (in tonnes) share which, on 15 March 1979, is in excess of 20 % of Benelux 10 the initial amount. They may return a larger quantity if Denmark 10 there are reasons to believe that such quantity might not Germany 10 be used. France 10 Ireland 10 Italy 10 Member States shall, not later than 1 April 1979, notify 10 United Kingdom the Commission of the total quantities of the said goods imported up to and including 15 March 1979 and 2 . The second instalment of 20 tonnes shall be held as charged against the Community tariff quota and any quantities of the initial shares returned to the reserve. the Community reserve.

Article 6 Article 3 The Commission shall keep an account of the shares 1 . If 90 % or more of a Member State's initial share as opened by the Member States pursuant to Articles 2 and specified in Article 2 ( 1 ), or of that share minus the 3 and shall, as soon as it has been notified, inform each portion returned to the reserve where Article 5 is ap­ State of the extent to which the reserve has been used plied, has been used up, that Member State shall with­ up . out delay, by notifying the Commission, draw a second share equal to 15 % of its initial share, rounded up where necessary to the next unit, to the extent permitted It shall inform the Member States not later than 5 April 1979 of the amount still in reserve after amounts have by the amount of the reserve. been returned thereto pursuant to Article 5 .

2. If, after its initial share has been used up, 90 % or It shall ensure that the drawing which uses up the re­ more of the second share drawn by a Member State has serve is limited to the balance available and to this end been used up, that Member State shall, in accordance shall specify the amount thereof to the Member State with the conditions imposed by paragraph 1 , draw a making the last drawing. third share equal to 7-5 % of its initial share, rounded up where necessary to the next unit.

Article 7 3 . If, after its second share has been used up, 90 % or more of the third share drawn by a Member State has 1 . Member States shall take all measures necessary to been used up, that Member State shall, in accordance ensure that supplementary shares drawn pursuant to

30. 5 . 78 Official Journal of the European Communities No L 142/43

Article 3 are opened in such a way that imports may be Article 8 charged without interruption against their accumulated shares in the Community tariff quota. At the request of the Commission, Member States shall inform it of imports of the products concerned actually charged against their shares. 2. Member States shall ensure that importers of the said goods established in their territory have free access to the shares allocated to them. Article 9

Member States and the Commission shall cooperate 3 . Member States shall charge imports of the said closely in order to ensure that this Regulation is ob­ goods against their shares as and when such goods are served. entered for home use.

Article 10 4. The extent to which a Member State has used up its share shall be determined on the basis of imports charged in accordance with paragraph 3 . This Regulation shall enter into force on 1 July 1978 .

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

Done at Brussels, 22 May 1978 .

For the Council

The President

K. HEENESEN