31985R1528

8.6 . 85 No L 150 / 41 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1528/85

of 23 May 1985

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 and originating in Turkey

THE COUNCIL OF THE EUROPEAN accurately the actual development of the market in COMMUNITIES, the products in question, such allocation should be in proportion to the requirements of the Member States, assessed by reference both to the statistics relating to imports from Turkey over a representative reference Having regard to the Treaty establishing the period and to the economic outlook for the quota European Economic Community, and in particular period concerned ; Article 113 thereof,

Having regard to the proposal from the Commission, Whereas, during the last three years for which statistics are available, the corresponding imports to each Member State from Turkey have been negligible or non-existent ; whereas those data cannot therefore Whereas the Annex to Council Regulation (EEC) No be considered as representative to serve as a basis for 3721 / 84 of 18 December 1984 on imports into the allocation of the quota volume among the Member Community of certain agricultural products orig­ States ; whereas it is difficult to estimate imports by inating in Turkey (') provides for the opening by the Member States because of the absence of truly rep­ Community of an annual Community tariff quota of resentative figures for previous years ; whereas, 90 tonnes at a rate of 2,3 °/o for apricot pulp falling consequently, the only solution seems to be to allo­ within subheading ex 20.06 B II c) 1 aa) of the cate part of the quota volume to the Community re­ Common Customs Tariff and originating in Turkey ; serve and to allocate one seventh of the balance to whereas such a quota has been opened for the period the Benelux countries , Denmark, the Federal Re­ up to 30 June 1985 by Regulation (EEC) No public of Germany, France, Ireland, Italy and the 1320 / 84 (2); whereas the tariff quota in question United Kingdom ; should therefore be opened for the abovementioned volume for the period 1 July 1985 to 30 June 1986 ;

Whereas the initial shares may be used up fairly Whereas , since a Protocol as provided for in Article quickly ; whereas , therefore, to avoid disruption of 118 ( 1 ) of the 1979 Act of Accession does not exist, supplies , any Member State which has almost used up the Community adopted the measures envisaged in its initial share shall draw a supplementary share from Article 119 of that Act in Regulation (EEC) No the Community reserve ; whereas this must be done by 3555 / 80 (3) determining the arrangements to be each Member State as each one of its supplementary applied to imports into Greece originating in particu­ shares is almost used up, and as many times as the lar, in Turkey; whereas the tariff measure concerned reserve allows ; whereas the initial and supplementary will, therefore, apply to the Community of Nine ; shares must be valid until the end of the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission, and the Commission must be in a Whereas it is in particular necessary to guarantee all position to follow the extent to which the tariff quota importers of the Community equal and uninterrupted has been used up and inform the Member States access to the quota and uninterrupted application of thereof ; the rates laid down for that quota to all imports of the product in question into the Member States until the quota has been used up ; whereas, having regard to the above principles, the Community nature of the quota can be respected by allocating the tariff quota Whereas if, at a given date in the quota period, a among the Member States ; whereas, to reflect most considerable quantity of a share remains in any Member State , it is essential that that State should re­ turn a significant proportion to the reserve in order to o OJ No L 343 , 31 . 12 . 1984 , p. 6 . O OJ No L 129 , 15 . 5 . 1984 , p . 4 . avoid part of the Community quota remaining unused O OJ No L 382, 31 . 12 . 1980, p . 1 . in one Member State when it could be used in others ;

No L 150 / 42 8.6 . 85 Official Journal of the European Communities

Whereas, since the Kingdom of Belgium, the 3. If, after its second share has been used up, Kingdom of the Netherlands and the Grand Duchy 90 °/o or more of the third share drawn by a Member of Luxembourg are united within and jointly rep­ State has been used up, that Member State shall, in resented by the Benelux Economic Union, any mea­ accordance with the same conditions, draw a fourth sure concerning the administration of the shares share equal to the third. allocated to that economic union may be carried out by any one of its members, This process shall continue to apply until the reserve is used up.

HAS ADOPTED THIS REGULATION : 4. By way of derogation from paragraphs 1 to 3 , a Member State may draw shares smaller than those Article 1 fixed in those paragraphs if there are grounds for 1 . From 1 July 1985 to 30 June 1986, a believing that those fixed may not be used up. It shall Community tariff quota of 90 tonnes shall be opened inform the Commission of the reasons for applying in the Community of Nine for apricot pulp falling this paragraph.

within subheading ex 20.06 B II c) 1 aa) of the Common Customs Tariff and originating in Turkey. Article 4

Supplementary shares drawn pursuant to Article 3 2 . Within the limits of this tariff quota the shall be valid until 30 June 1986. Common Customs Tariff duty applicable to these products shall be partially suspended at a rate of Article 5 2,3 %

The Member States shall return to the reserve, not Article 2 later than 1 April 1986, the unused portion of their initial share which on 15 March 1986 is in excess of 1 . A first instalment of 70 tonnes shall be allo­ 20 °/o of the initial amount. They may return a larger cated among the Member States ; the respective shares quantity if there are reasons to believe that such of the Member States, which subject to Article 5 shall quantity might not be used . be valid from 1 July 1985 to 30 June 1986, shall be as follows : Member States shall, not later than 1 April 1986, notify the Commission of the total quantities of the (tonnes) said goods imported up to and including 15 March Benelux 10 1986 and charged against the Community tariff quota Denmark 10 and any quantities of the initial share returned to the

10 reserve . Germany France 10 Ireland 10 Article 6 10 Italy 10 The Commission shall keep an account of the shares United Kingdom opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, in­ 2 . The second instalment of 20 tonnes shall be form each State of the extent to which the reserve has held as the Community reserve. been used up.

Article 3 It shall inform the Member States, not later than 5 April 1986, of the amount still in reserve after 1 . If 90 % or more of a Member State's initial amounts have been returned thereto pursuant to share as specified in Article 2 ( 1 ), or of that share Article 5 . minus the portion returned to the reserve where Article 5 is applied, has been used up, that Member It shall ensure that the drawing which uses up the re­ State shall without delay, by notifying the serve is limited to the balance available and to this Commission , draw a second share equal to 15 % of end shall specify the amount thereof to the Member its initial share, rounded up where necessary to the State making the last drawing. next unit, to the extent permitted by the amount of the reserve. Article 7

2 . If, after its initial share has been used up, 90 % 1 . Member States shall take all measures or more of the second share drawn by a Member necessary to ensure that supplementary shares drawn State has been used up, that Member State shall, in pursuant to Article 3 are opened in such a way that accordance with the conditions imposed by paragraph imports may be charged without interruption against 1 , draw a third share equal to 7,5 °/o of its initial their accumulated shares in the Community tariff share, rounded up where necessary to the next unit. quota .

8 . 6 . 85 No L 150 / 43 Official Journal of the European Communities

2 . Member States shall ensure that importers of Article 8 the said goods have free access to the shares allocated to them . At the request of the Commission, Member States shall inform it of imports of the products concerned actually charged against their shares.

3 . Member States shall charge imports of the said Article 9 goods against their shares as and when such goods are entered for free circulation . Member States and the Commission shall cooperate closely in order to ensure that this Regulation is observed . 4 . The extent to which a Member State has used Article 10 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 1985 .

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

Done at Brussels, 23 May 1985 .

For the Council

The President

C. SIGNORILE