31985R3137

16 . 11 . 85 Official Journal of the European Communities No L 304 / 23

COUNCIL REGULATION ( EEC ) No 3137 / 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 Israel ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the last three years for which statistics are available , the corresponding imports by each of the Member States represent the following percentages of total imports of the product in question originating in Israel :

Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 Member State 1982 1983 1984 thereof,

Benelux 37 100 100 Denmark — — — 63 — — Having regard to the proposal from the Commission , Germany — — — Greece France — — — Ireland — — — — — — Whereas the Agreement between the European Economic Italy — — — United Kingdom Community and the State of Israel ( x ), provides for the opening by the Community of an annual Community tariff quota of 150 tonnes of apricot pulp falling within subheading ex 20.06 B II c) 1 aa ) of the Common Customs Whereas these data cannot be considered as representative Tariff and originating in Israel ; whereas the customs duties to serve as a basis for allocation of the quota volume applicable to the quota are equal to 70 % of the customs among the Member States ; whereas it is difficult to duties actually applied to non-member countries ; whereas estimate imports by Member States for 1986 because of the the Community tariff quota in question should therefore be situation in previous years ; whereas to allocate the quota opened for 1986 ; volume on a fair basis , the approximate percentages of initial quota shares may be fixed as follows :

Whereas , since a Protocol as provided for in Articles 179 Benelux 74,8 and 366 of the Act of Accession of Spain and Portugal does Denmark 1,7 not exist, the Community must adopt the measures referred Germany 1,7 to in Articles 180 and 367 of that Act ; whereas the tariff Greece 1,7 measure concerned will , there , apply to the Community of France 1,7 Ten ; Ireland 1,7 Italy 1,7 United Kingdom 15,0 Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Application Whereas , in order to take into account import trends for of the rate laid down for that quota to all imports of the the products concerned in the various Member States, the products concerned into all Member States until the quota quota amount should be divided into two instalments , the has been used up ; whereas , having regard to the above first being shared among the Member States and the second principles , the Community nature of the quota can be constituting a reserve to cover at a later date the respected by allocating the Community tariff quota among requirements of the Member States which have used up the Member States ; whereas , in order to reflect as their initial quota shares ; whereas , in order to give accurately as possible the true trend of the market in the importers in each Member State a certain degree of products in question , such allocation should be in security , the first instalment of the Community quota proportion to the requirements of the Member States , should under the circumstances be fixed at 80 % of the calculated by reference to the statistics for imports from quota volume ; Israel 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 136 , 28 . 5 . 1975 , p. l . should draw an additional share from the reserve ; whereas

No L 304 / 24 16 . 11 . 85 Official Journal of the European Communities

this must be done by such Member State as when each of 2 . The second instalment amounting to 30 tonnes shall its additional shares is almost used up , and repeated as constitute the reserve . many times as the reserve allows ; whereas the intitial and additional share must be valid until the end of the quota period ; whereas this method of administration requires Article 3 close 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 applied , has been used up , then , to the extent permitted by Whereas if, at a given date in the quota period , a the amount of the reserve , that Member State shall substantial quantity remains unused in any Member State , forthwith , by notifying the Commission , draw a second it is essential that that Member State should return a share equal to 15 % of its initial share , rounded up where significant proportion to the reserve to prevent a part of necessary to the next unit . any tariff quota from remaining unused in one Member State when it could be used in others ; 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has Whereas , since the Kingdom of Belgium , the Kingdom of been used up , then , to the extent permitted by the amount the Netherlands and the Grand Duchy of Luxembourg are of the reserve , that Member State shall , in accordance with united within and jointly represented by the Benelux 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 , rounded up where administration of the quota shares allocated to that necessary to the next unit . 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 HAS ADOPTED THIS REGULATION : equal to the third .

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 150 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 of its reasons for applying this paragraph . and originating in Israel .

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 . Article 2

Article 5 1 . A first instalment amounting to 120 tonnes of the Community tariff quota referred to in Article 1 shall be allocated among the Member States ; the respective shares The Member States shall return to the reserve , not later which , subject to Article 5 , shall be valid until 31 December 1986 shall be as follows : than 1 October 1986 , such unused portion of their initial share as , on 15 September 1986 , is in excess of 20 % of the initial volume . They may return a larger quantity if there (tonnes) are grounds for believing that this quantity may not be Benelux 90 used . Denmark 2 Germany 2 Greece 2 The Member States shall notify the Commission , not later France 2 than 1 October 1986 , of the total quantities of the products Ireland 2 #in question imported up to 15 September 1986 and charged Italy 2 against the tariff quota and of any quantity of the initial United Kingdom 18 shares returned to the reserve .

16 . 11 . 85 Official Journal of the European Communities No L 304 / 25

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 Article 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 the 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