31978R1432

28 . 6 . 78 Official Journal of the European Communities No L 172/ 17

COUNCIL REGULATION (EEC) No 1432/78

of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES, ture imports can be made ; whereas, in these circum­ stances , the quota volumes should be allocated in initial shares, taking into account demand for these products on the markets of the various Member States ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Whereas, in order to take into account import trends for the products concerned in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Having regard to the proposal from the Commission, Member States and the second forming a reserve in­ tended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of Whereas a Protocol laying down certain provisions re­ security to importers in each Member State, the first lating to trade in agricultural products between the tranche of the Community quota should be determined European Economic Community and Cyprus was at a level which, under present circumstances, may be signed on 11 May 1978 ; whereas this Protocol is to 86% of the quota amount; enter into force on 1 July 1978 ; whereas Article 2 of this Protocol provides for the opening of an annual Community tariff quota of 300 tonnes of sweet peppers falling within subheading 07.01 S of the Common Whereas the initial shares of the Member States may be Customs Tariff, originating in Cyprus, at a rate of cus­ used up at different times ; whereas, in order to take this toms duty equal to 50% of the customs duty in the fact into account and avoid any break in continuity, it is Common Customs Tariff; whereas the pro rata tem­ important that any Member State having used up poris clause is applicable; whereas under these circum­ almost the whole of its initial shares should draw an stances it is necessary to open a Community tariff quota additional share from the reserve ; whereas this must be of 150 tonnes for the period 1 July to 31 December done by each Member State as and when each of its 1978 ; additional shares is almost entirely used up, and re­ peated as many times as the reserve allows ; whereas the initial and additional shares must be available for use until the end of the quota period; whereas this method Whereas it is in particular necessary to ensure for all of administration calls for close cooperation between Community importers equal and uninterrupted access Member States and the Commission, which must, in to the abovementioned quota and uninterrupted appli­ particular, be able to observe the extent to which the cation of the rates laid down for that quota to all im­ quota amount is used and inform Member States ports of the products concerned into all Member States thereof: until the quota has been used up ; whereas, having re­ gard to the principles mentioned above, the Community nature of the quota can be respected by allocating the Whereas, if at a specified date in the quota period, a Community tariff quota among the Member States ; considerable balance remains in one or other Member whereas, in order to reflect more accurately the actual State it is essential that that Member State pays a large development of the market in the products concerned, amount of it back into the reserve, in order to avoid a such allocation should be in proportion to the needs of part of the Community quota remaining unused in one the Member States, assessed by reference to both the Member State when it could be used in others ; statistics of each State's imports of the said products from Cyprus over a representative period and the economic outlook for the quota period concerned ; Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Whereas, however, neither Community nor national Economic Union all transactions concerning the ad­ ministration of shares allocated to that economic union statistics showing the breakdown for the products in question are available and no reliable estimates of fu­ may be carried out by any one of its members,

No L 172 / 18 28 . 6 . 78 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : This process shall be applied until the reserve is ex­ hausted .

Article 1 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares From 1 July to 31 December 1978 , the Common Cus­ smaller than those fixed in those paragraphs if there is toms Tariff duty for sweet peppers falling within sub­ reason to believe that they might not be used up. They shall inform the Commission of the reasons which led heading ex 07.01 S of the Common Customs Tariff, originating in Cyprus, shall be partially suspended at them to apply this paragraph. 4-5% within the limits of a Community tariff quota of 150 tonnes . Article 4

Article 2 The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . 1 . The Community tariff quota referred to in Article 1 shall be divided into two tranches . Article 5 2. The first tranche, amounting to 129 tonnes, shall be shared among the Member States ; the proportions Member States shall return to the reserve, not later than which, subject to Article 5 , shall be valid until 31 15 November 1978 , the unused portion of their initial December 1978 , shall be as follows : share which on 1 November 1978 , is in excess of 20% Benelux 7 tonnes of the initial amount. They may return a larger portion Denmark 7 tonnes if there are grounds for believing that such portion may not be used in full. Germany 14 tonnes France 1 tonne Ireland 7 tonnes Each Member State shall, not later than 15 November Italy 1 tonne 1978 , notify the Commission of the total imports of the United Kingdom 92 tonnes products concerned effected up to 1 November 1978 inclusive and charged against the Community quota 3 . The second tranche, amounting to 21 tonnes shall and, where appropriate, the proportion of its initial constitute the reserve . share that is being returned to the reserve.

Article3¶

1 . If 90% or more of the initial share ofaMember State, The Commission shall keep account of the shares as laid down in Article 2 (2 ), or 90% of that share less opened by Member States in accordance with Articles 2 the amount returned into the reserve, where the provi­ and 3 and shall inform each of them of the extent to sions of Article 5 have been applied, has been ex­ which the reserve has been used as soon as it receives hausted, that Member State shall proceed without de­ the notifications . lay, by notifying the Commission, to draw a second share equal to 15% of its initial share, rounded up to the next unit where appropriate, to the extent that the The Commission shall, not later than 20 November amount in the reserve allows . 1978 , notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 .

2. If, after its initial share has been exhausted, 90% or more of the second share drawn by a Member State has The Commission shall ensure that any drawing which been used, that Member State shall proceed, in the uses up the reserve is limited to the balance available manner specified in paragraph 1 , to draw a third share and, for this purpose, shall specify the amount thereof equal to 7-5% of its initial share, rounded up to the to the Member State which makes the final drawing. next unit where appropriate, to the extent that the amount in the reserve allows .

Article 7 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State 1 . Member States shall take all appropriate measures has been used, that Member State shall proceed, in the to ensure that, when additional shares are drawn pur­ same way, to draw a fourth share equal to the third. suant to Article 3 , it is possible for charges to be made

28 . 6 . 78 No L 172/ 19 Official Journal of the European Communities

without interruption against their accumulated shares of Article 8 the Community quota. On receipt of a request from the Commission, Member States shall inform it of imports actually charged against 2 . Member States shall ensure that importers of the their shares . said goods established in their territory have 'free access to the shares allocated to them . Article 9

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

4. The extent to which a Member State has used up its Article 10 share shall be determined on the basis of the 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 Luxembourg, 26 June 1978 .

For the Council

The President

K. B. ANDERSEN