31978R1436

No L 172 /30 28 . 6 . 78 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1436/78

of 26 June 1978

opening, allocating and providing for the administration of a Community tariff quota for aubergines falling within subheading ex 07. 01 . T of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES, economic union may be carried out by any one of its members ,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 HAS ADOPTED THIS REGULATION : thereof,

Having regard to the proposal from the Commission, Article 1

1 . From 1 October to 30 November 1978 , the Com­ Whereas a Protocol laying down certain provisions re­ mon Custom Tariff duty for aubergines falling within lating to trade in agricultural products between the subheading ex 07. 01 T of the Common Customs European Economic Community and Cyprus was Tariff, originating in Cyprus, shall be partially sus­ signed on 11 May 1978 ; whereas this Protocol is to pended at 6-4 % within the limits of a Community tariff enter into force on 1 July 1978 ; whereas Article 2 of qiiota of 300 tonnes . this Protocol provided for the opening of a Community tariff quota of 300 tonnes of aubergines falling within subheading ex 07. 01 T of the Common Customs 2 . The volume of the tariff quota referred to in para­ Tariff, originating in Cyprus, at a rate of customs duty graph 1 shall constitute a reserve. equal to 40 % of the customs duty in the Common Customs Tariff, for the period 1 October to 30 3 . If the need should arise for the products in question November 1978 ; whereas it is necessary to open a in a Member State, the latter shall draw an appropriate Community tariff quota of 300 tonnes for the products share from the reserve, providing that the size of the and the period in question ; reserve so permits .

Whereas it is necessary in particular to ensure to all 4. The shares drawn pursuant to paragraph 3 shall be Community importers equal and uninterrupted access valid until 30 November 1978 . to the abovementioned quota, and uninterrupted appli­ cation of the rates laid down for that quota to all im­ ports of the products concerned into all Member States Article 2 until the quota has been used up ; whereas, however, since the tariff quota involved is of a relatively low volume and the period of application is very short, it 1 . Member States shall take all appropriate measures seems possible to allocate the whole quota volume to to ensure that shares drawn pursuant to Article 1 are the Community reserve and to provide for the possibil­ opened in such a way that imports may be charged ity of those Member States in which needs might arise without interruption against their cumulative portions drawing appropriate quantities from that reserve; of the Community quota. whereas the shares thus drawn from the reserve must be valid until the end of the quota period; whereas this 2. Member States shall ensure that importers of the method of management requires close cooperation said goods established in its territory have free access to between the Member States and the Commission and the shares allocated to it . the latter must in particular be able to monitor the rate at which the quota is used up and inform the Member States thereof; 3 . Member States shall charge imports of the said goods against their shares as and when the goods are entered for home use . 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 4. The extent to which a Member State has used up its Benelux Economic Union, all transactions concerning share shall be determined on the basis of the imports the administration of the shares allocated to that charged in accordance with paragraph 3 .

28 . 6 . 78 No L 172 /31 Official Journal of the European Communities

Article 3 Article 4 Member States and the Commission shall collaborate closely in order to ensure that this Regulation is observed . At the request of the Commission, Member States shall Article 5 inform it of imports actually charged against their shares . 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