31985R3136

No L 304 / 20 16 . 11 . 85 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 3 1 36 / 85

of 22 October 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 Tunisia ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the last three years for which statistics are available , the corresponding imports of each Member State represent the following percentages of imports into the Community from Tunisia of the product in question : Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 Member State 1982 1983 1984 thereof,

Benelux Denmark Having regard to the proposal from the Commission , Germany 1 Greece France 99 100 100 Ireland Whereas the Cooperation Agreement between the Italy European Economic Community and the Republic of United Kingdom Tunisia 0 ), signed on 25 April 1976 , provides for the opening by the Community of an annual Community tariff quota of 4 300 tonnes of apricot pulp falling within Whereas both these percentages and the estimates from subheading ex 20.06 B II c) 1 aa ) of the Common Customs certain Member States should be taken into account as well Tariff and originating in Tunisia ; whereas the customs as the need to ensure that, in the circumstances , the duties applicable to the quota are equal to 70 % of the obligations contracted under the Agreement concerned are customs duties actually applied to non-member countries ; allocated fairly among all the Member States ; whereas the whereas the Community tariff quota in question should approximate percentages of the initial quota shares may therefore be opened for 1986 ; therefore be fixed as follows :

Benelux 2,3 Whereas , since a Protocol as provided for in Articles 179 Denmark 2,3 and 366 of the Act of Accession of Spain and Portugal does not exist , the Community must adopt the measures referred Germany 4,1 Greece 0,5 to in Articles 180 and 367 of that Act; whereas the tariff France 79,3 measure concerned will , therefore, apply to the Ireland 2,3 Community of Ten ; Italy 2,3 United Kingdom 6,9

Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to Whereas , in order to take into account import trends for the abovementioned quota and uninterrupted application the products concerned in the various Member States , the of the rate laid down for that quota to all imports of the quota amount should be divided into two instalments, the products concerned into all Member States until the quota first being shared among the Member States and the second has been used up ; whereas , having regard to the above constituting a reserve to cover at a later date the principles , the Community nature of the quota can be requirements of the Member States which have used up respected by allocating the Community tariff quota among their initial quota shares ; whereas , in order to give the Member States ; whereas , in order to reflect as importers in each Member State a certain degree of accurately as possible the true trend of the market in the security , the first instalment of the Community quota products in question , such allocation should be in should under the circumstances be fixed at 50 % of the proportion to the requirements of the Member States , quota volume ; calculated by reference to the statistics for imports from Tunisia over a representative reference period and also to the economic outlook for the quota period in question ; Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member State which has almost used up its initial quota share (>) OJ No L 265 , 27 . 9 . 1978 , p. 1 . should draw an additional share from the reserve ; whereas

16 . 11 . 85 Official Journal of the European Communities No L 304 / 21

this must be done by each Member State as and when each 2 . The second instalment amounting to .2 150 tonnes shall of its additional shares is almost used up , and repeated as constitute the reserve . many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires close Article 3 cooperation between the Member States and the Commission , and the latter must be in a position to monitor the extent to which the quota volume has been 1 . If 90 % or more of a Member State's initial share as used up and to inform the Member States thereof; specified in Article 2 ( 1 ), or 90 % of that share minus the portion returned to the reserve where Article 5 has been Whereas if, at a given date in the quota period , a applied , has been used up , then , to the extent permitted by substantial quantity remains unused in any Member State , the amount of the reserve , that Member State shall it is essential that that Member State should return a forthwith , by notifying the Commission , draw a second significant proportion to the reserve to prevent a part of share equal to 15 % of its initial share , rounded up where any tariff quota from remaining unused in one Member necessary to the next unit . State when it could be used in others ;

2 . If, after its initial share has been used up , 90 % or Whereas , since the Kingdom of Belgium , the Kingdom of more of the second share drawn by a Member State has the Netherlands and the Grand Duchy of Luxembourg are been used up , then that Member State shall , in accordance united within and jointly represented by the Benelux with the conditions laid down in paragraph 1 , draw a third Economic Union , any operation relating to the share equal to 7,5 % of its initial share. administration of the quota shares allocated to that economic union may be carried out by any of its members , 3 . If, after its second share has been used up , 90 % or more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . HAS ADOPTED THIS REGULATION :

This process shall continue until the reserve is used up .

Article 1 4 . By way of derogation from paragraphs 1 , 2 and 3 , a 1 . From 1 January to 31 December 1986 , a Community Member State may draw shares smaller than those fixed in of Ten tariff quota of 4 300 tonnes shall be opened in the those paragraphs if there are grounds for believing that Community for apricot pulp falling within subheading they might not be used up . It shall inform the Commission ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff and of its reasons for applying this paragraph . originating in Tunisia .

2 . Within the limits of this tariff quota the Common Article 4 Customs Tariff duty applicable to these products shall be suspended at a rate of 11,9 % . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 .

Article2¶

Article 5 1 . A first instalment amounting to 2 150 tonnes of the Community tariff quota referred to in Article 1 , shall be allocated among the Member States ; the shares which , The Member States shall return to the reserve , not later subject to Article 5 , shall be valid until 31 December 1986 than 1 October 1986 , such unused portion of their initial shall be as follows : share as , on 15 September 1986 , is in excess of 20 % of the initial volume . They may return a larger quantity if there I (tonnes) are grounds for believing that this quantity may not be Benelux 50 used . Denmark 50 Germany 90 Greece 10 The Member States shall notify the Commission , not later France 1 700 than 1 October 1986 , of the total quantities of the products Ireland 50 in question imported up to 15 September 1986 and charged Italy 50 against the tariff quota and of any quantity of the initial United Kingdom 150 shares returned to the reserves .

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Article 6 3 . The Member States shall charge the imports of the products concerned against their shares as and when the The Commission shall keep an account of the shares products are entered with customs authorities for free opened by the Member States pursuant to Articles 2 and 3 circulation . and , as soon as it is notified , shall inform each Member State of the extent to which the reserve has been used up . 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports It shall inform the Member States, not later than 5 October charged in accordance with paragraph 3 . 1986 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 .

Article 8 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , notify the amount of that balance to the Member State At the Commission's request, the Member States shall making the last drawing. inform it of imports actually charged against their shares .

Article 7 Article 9 1 . The Member States . shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 The Member States and the Commission shall cooperate are opened in such a way that imports may be charged closely to ensure that this Regulation is complied with . without interruption against their accumulated shares of the tariff quota .

2 . The Member States shall ensure that importers of the Article 10 products in question have free access to the shares allocated to them . This Regulation shall enter into force on 1 January 1986 .

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

Done at Luxembourg , 22 October 1985 .

For the Council

The President

J. F. POOS