31979R1255

No L 160 / 8 Official Journal of the European Communities 28 . 6 . 79

COUNCIL REGULATION ( EEC) No 1255 /79

of 25 June 1979

opening , allocating and providing for the administration of a Community tariff quota for new potatoes , falling within subheading 07.01 A II b) of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN Luxembourg are united within and jointly represented COMMUNITIES , by the Benelux Economic Union , all transactions concerning the administration of the shares allocated to that economic union may be carried out by any Having regard to the Treaty establishing the European one of its members, Economic Community, and in particular Article 113 thereof,

HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ,

Article 1 Whereas Article 2 of the Protocol laying down certain provisions relating to trade in agricultural products 1 . From 16 May to 30 June 1979 , the Common between the European Economic Community and Customs Tariff duty for new potatoes, falling within Cyprus (') provides for the opening of a Community subheading 07.01 A II b) of the Common Customs tariff quota of 60 000 tonnes of new potatoes origi­ Tariff, originating in Cyprus, shall be suspended at nating in Cyprus, falling within subheading 07.01 A II 9-4 % within the limits of a Community tariff quota b) of the Common Customs Tariff, at a rate of of 60 000 tonnes . customs duty equal to 45 % of the customs duty in the Common Customs Tariff, for the period 16 May The Protocol on the definition of the concept of 'origi­ to 30 June 1979 ; whereas this concession is subject to nating products' and on methods of administrative the adoption of Community rules on new potatoes ; cooperation (2) annexed to the Additional Protocol to whereas, pending the entry into force of these rules, it the Agreement between the European Economic is appropriate to avoid disturbances in trade in the Community and Cyprus shall be applicable . products in question ; whereas, under these condi­ tions, it is necessary to open a Community tariff quota 2. The volume of the tariff quota referred to in para­ of 60 000 tonnes for the products and the period in graph 1 shall constitute a reserve. question ;

3 . If the need should arise for the products in ques­ Whereas it is necessary in particular to ensure to all tion in a Member State, the latter shall drawn an Community importers equal and uninterrupted access appropriate share from the reserve, providing that the to the abovementioned quota, and uninterrupted appli­ size of the reserve so permits. cation of the rates laid down for that quota to all imports of the products concerned into all Member 4. The shares drawn pursuant to paragraph 3 shall States until the quota has been used up ; whereas, be valid until 30 June 1979 . however, since the tariff quota involved is of a rela­ tively low volume and the period of application is very Article 2 short, it seems possible to allocate the whole quota volume to the Community reserve and to provide for 1 . Member States shall take all appropriate the possibility of those Member States in which needs measures to ensure that shares drawn pursuant to might arise drawing appropriate quantities from that Article 1 are opened in such a way that imports may reserve ; whereas the shares thus drawn from the be charged without interruption against their cumula­ reserve must be valid until the end of the quota tive portions of the Community quota. period ; whereas this method of management requires close cooperation between the Member States and the 2. Member States shall ensure that importers of the Commission and the latter must in particular be able said goods established in its territory have free access to monitor the rate at which the quota is used up and to the shares allocated to it . inform the Member States thereof ;

3 . Member States shall charge imports of the said Whereas, since the Kingdom of Belgium , the goods against their shares as and when the goods are Kingdom of the Netherlands and the Grand Duchy of entered for home use .

(') OJ No L 172, 28 . 6 . 1978 , p. 10 . (2) OJ No L 339, 28 . 12. 1977, p. 19.

28 . 6 . 79 No L 160 / 9 Official Journal of the European Communities

4 . The extent to which a Member State has used up Article 4 its share shall be determined on the basis of the Member States and the Commission shall collaborate imports charged in accordance with paragraph 3 . closely in order to ensure that this Regulation is observed .

Article 5 Article 3 This Regulation shall enter into force on the day of its publication in the Official Journal of the European At the request of the Commission , Member States Communities. shall inform it of imports actually charged against their shares . It shall apply from 16 May 1979 .

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

Done at Luxembourg, 25 June 1979 .

For the Council

The President

J. LE THEULE