31978R2459
21 . 10 . 78 No L 296/ 11 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 2459/78 of 16 October 1978 opening, allocating and providing for the administration of a Community tariff quota for fresh or chilled tomatoes falling within subheading ex 07.01 M I of the Common Customs Tariff, originating in the African, Caribbean and Pacific States and in the overseas countries , and territories ( 1978/79)
THE COUNCIL OF THE EUROPEAN available and no reliable estimates of future imports COMMUNITIES, can be made ; whereas, in these circumstances, the quota volume should be allocated in initial shares, which take into account demand for these products Having regard to the Treaty establishing the European on the markets of the various Member States : Economic Community, and in particular Articles 43 and 113 thereof, -
Having regard to the proposal from the Commission, whereas, to take into account import trends for the products concerned in the various Member States, the Having regard to the opinion of the European Parlia quota amount should be divided into two instalments, ment (x), the first being allocated among the Member States and the second held as a reserve intended to cover at a Whereas Article 1 of Council Regulation (EEC) No later date the requirements of Member States who 430/78 (2) provides for the opening by the Commu have used up their initial share ; whereas, in order to nity of a Community tariff quota of 1 000 tonnes of guarantee some degree of security to importers in fresh or chilled tomatoes falling within subheading ex each Member State, the first instalment of the 07.01 M I of the Common Customs Tariff, originating Community quotas should be fixed at a level which in the African, Caribbean and Pacific States and in the could, in the present circumstances, be 60 % of the overseas countries and territories ; whereas the quota quota volume ; period runs from 15 November 1978 to 15 April 1979 ; whereas the customs duty applicable to the quota is set at 4-4 % , with a minimum charge of two units of account per 100 kilograms net weight ; whereas the Community tariff quota in question Whereas the initial shares of the Member States may should therefore be opened ; not be used up at the same rate ; whereas, in order to take this into ' account and to avoid disruption, any Whereas it is necessary in particular to ensure to all Member State which has used up almost the whole of Community importers equal and uninterrupted access its initial share should draw a supplementary share to the abovementioned quota and uninterrupted appli from the reserve ; whereas this should be done by cation of the rate laid down for that quota to all each Member State each time one of its supplemen imports of the products in question into all Member tary shares is almost used up, and so on as many times States until the quota has been used up ; whereas as the reserve allows ; whereas the initial and having regard to the above principles the Community supplementary shares should be valid until the end of nature of the quota can be respected by allocating the the quota period ; whereas this form of administration tariff quota among the Member States ; whereas, to requires close collaboration between the Member reflect most accurately the actual development of the States and the Commission , and the Commission market in the products in question, such allocation must be in a position to follow the extent to which should be in proportion to the requirements of the the quota volume has been used up and inform the Member States, assessed by reference both to the statis Member States thereof ; tics relating to imports of the said products from the countries in question over a representative reference period and to the economic outlook for the quota period concerned ; Whereas, if at a given date in the quota period a Member State has a considerable quantity of its initial Whereas in this case, however, neither Community share left over, it is essential that it should return a nor national statistics for the products in question are significant proportion thereof to the reserve, to prevent a part of the Community quota remaining (') Opinion delivered on 13 October 1978 (not yet published unused in one Member State when it could be used in in the Official Journal). (2) OJ No L 59, 1 . 3. 1978, p. 48 . others ;
No L 296/ 12 21 . 10 . 78 Official Journal of the European Communities
Whereas, since the Kingdom of Belgium, the Member State has been used, that Member State shall, Kingdom of the Netherlands and the Grand Duchy of in accordance with the conditions laid down in para Luxembourg are united within and jointly represented graph 1 , draw a third share, equal to 7-5 % of its by the Benelux Economic Union, all transactions initial share . concerning the administration of shares allocated to that economic union may be carried out by any one 3 . If, after its second share has been exhausted, of its members, 90 % or more of the third share drawn by a Member State has been used, that Member State shall, in accor dance with the same conditions, draw a fourth share equal to the third. HAS ADOPTED THIS REGULATION : This process shall be applied until the reserve is exhausted . Article 1
4. By way of derogation from paragraphs 1 , 2 and 1 . For the period 15 November 1978 to 15 April 3, Member States may draw smaller shares than those 1979 a Community tariff quota of 1 000 tonnes shall fixed in those paragraphs if there is reason to believe be opened in the Community for fresh or chilled that those shares might not be used up. They shall tomatoes falling within subheading ex 07.01 M I of inform the Commission of their reasons for applying the Common Customs Tariff, originating in the this paragraph. African , Caribbean and Pacific States and in the over seas countries and territories .
Article 4 2. Within this tariff quota the Common Customs Tariff duty applicable to the products shall be suspended at 4-4 % with a minimum charge of two Additional shares drawn pursuant to Article 3 shall be units of account per 100 kilograms net weight. valid until 15 April 1979.
Article2¶
1 . A first instalment of 600 tonnes of the Commu The Member States shall, not later than 1 March 1979, nity tariff quota referred to in Article 1 shall be allo return to the reserve the unused portion of their initial cated among the Member States ; the shares which, shares which, on 15 February 1979, is in excess of subject to Article 5, shall be valid until 15 April 1979, 20 % of the initial amount. They may return a greater shall be as follows (in tonnes) : portion if there are grounds for believing that such portion may not be used in full. Benelux : 50 Denmark : 30 The Member States shall, not later than 1 March 1979, Germany : 50 380 notify the Commission of the total imports of the France : Ireland : 30 products concerned effected under the Community quota up to 15 February 1979 inclusive, and, where Italy : 30 appropriate, the proportion of their initial shares that United Kingdom : 30 they are . returning to the reserve. 2. A second instalment of 400 tonnes shall consti tute the reserve . Article 6
Article 3 The Commission shall keep account of the shares opened by the Member States in accordance with Arti cles 2 and 3 and shall inform each of them of the 1 . If 90 % or more of any Member State's initial extent to which the reserve has been used as soon as it share as laid down in Article 2 ( 1 ), or 90 % of that receives the notifications . share less the amount returned into the reserve, where Article 5 has been applied, has been exhausted, that Member State shall without delay, by notifying the The Commission shall, not later, than 5 March 1979, Commission, draw a second share in the quota equal notify the Member States of the state of the reserve to 15% of its initial share, rounded up to the next after the return of shares pursuant to Article 5. unit, where appropriate, to the extent that the amount in the reserve allows . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available 2. If, after its initial share has been exhausted, and, for this purpose, shall specify the amount thereof 90 % or more of the second share drawn by a to the Member State which makes the final drawing.
21 . 10 . 78 Official Journal of the European Communities No L 296/ 13
Article7¶
1 . The Member States shall take all measures neces The Member States and the Commission shall co sary to ensure that supplementary shares drawn operate closely in order to ensure that this Regulation pursuant to Article 3 are opened in such a way that is observed . changes may be made without interruption against their accumulative shares of the Community quota. Article 10 2. Member States shall ensure that importers of the said products established in their territory have free The rules of origin applicable to the products access to the shares allocated to them . imported under this Regulation shall be, respectively, those of Protocol 1 annexed to the ACP-EEC Conven 3. The Member States shall charge imports of the tion of Lome concerning the definition of the concept said goods against their shares as and when the goods of 'originating products' and the methods of adminis are entered with customs authorities for home use . trative cooperation, and those of Annex II to Council Decision 76/568/EEC of 29 June 1976 on the associa 4. The extent to which a Member State has used up tion of the overseas countries and territories with the its share shall be determined on the basis of the European Economic Community (1). imports charged in accordance with paragraph 3 .
Article 8 Article 11 v At the request of the Commission, Member States' This Regulation shall enter into force on the third day shall inform it of imports actually charged against v following its publication in the Official Journal of their shares . the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 16 October 1978 .
For the Council
The President
K. von DOHNANYI
0) OJ No L 176, 1 . 7. 1976, p. 8 .