31986R4007

31 . 12 . 86 Official Journal of the European Communities No L 374 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 4007 / 86 of 16 December 1986

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 Morocco ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , respected by allocating the Community tariff quota among the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the products in question, such allocation should be in proportion to the requirements of the Member States , Having regard to the Treaty establishing the European calculated by reference to the statistics for imports from Economic Community , and in particular Article 113 thereof, Morocco over a representative reference period and also to the economic outlook for the quota period in question ;

Having regard to the proposal from the Commission , 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 Whereas , the Cooperation Agreement between the Community from Morocco of the product in question : European Economic Community and the Kingdom of Morocco ( J ), signed on 27 April 1976 , provides for the opening by the Community of an annual Community tariff Member State 1983 1984 1985 quota of 8 250 tonnes of apricot pulp falling within subheading ex 20.06 B II c ) 1 aa ) of the Common Customs Benelux 1 2 6 Tariff and originating in Morocco ; whereas the customs — — — Denmark duties applicable to the quota are equal to 70 % of the — — — Germany customs duties actually applied to non-member countries ; Greece — — — whereas the Community tariff quota in question should France 97 98 94 therefore be opened for 1987 ; Ireland — — — Italv — — — 2 — — United Kingdom Whereas , since a Protocol as provided for in Articles 179 and 366 of the Act of Accession of Spain and Portugal does not exist , the Community must take the measures referred Whereas both these percentages and the estimates from to in Articles 180 and 367 of that Act ; whereas the tariff certain Member States should be taken into account as well measure concerned will , therefore , apply to the as the need to ensure that , in the circumstances , the Community as constituted on 31 December 1985 ; obligations contracted under the Agreement concerned are allocated fairly among all the Member States ; whereas the approximate percentages of the initial quota shares may Whereas it is in particular necessary to ensure for all therefore be fixed as follows : Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the Benelux 5,5 products concerned into all Member States until the quota Denmark 1,3 has been used up ; whereas , having regard to the above Germany 6,5 principles , the Community nature of the quota can be Greece 0,3 France 75,7 Ireland 1,3 Italy 1,3 (>) OJ No L 264 , 27 . 9 . 1978 , p. 1 . United Kingdom 8,1

No L 374 / 2 31 . 12 . 86 Official Journal of the European Communities

Whereas , in order to take into account import trends for Whereas if, at a given date in the quota period , a the products concerned in the various Member States , the substantial quantity remains unused in any Member State, quota amount should be divided into two instalments , the it is essential that that Member State should return a first being shared among the Member States and the second significant proportion to the reserve to prevent a part of constituting a reserve to cover at a later date the any tariff quota from remaining unused in one Member requirements of the Member States which have used up State when it could be used in others ; their initial quota shares ; whereas , in order to give importers in each Member State a certain degree of Whereas , since the Kingdom of Belgium , the Kingdom of security , the first instalment of the Community quota the Netherlands and the Grand Duchy of Luxembourg are should under the circumstances be fixed at 55 % of the united within and jointly represented by the Benelux quota volume ; Economic Union , any operation relating to the administration of the quota shares allocated to that economic union may be carried out by any of its members , 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 HAS ADOPTED THIS REGULATION : should draw an additional share from the reserve ; whereas this must be done by each Member State as and when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and Article 1 additional shares must be valid until the end of the quota period ; whereas this method of administration requires From 1 January to 31 December 1987 , the customs duty close cooperation between the Member States and the applicable in the Community , as constituted on Commission , and the latter must be in a position to 31 December 1985 , on the following products , shall be monitor the extent to which the quota volume has been suspended at the level and within the limits of a used up and to inform the Member States thereof; Community tariff quota as shown herewith :

Amount of Tariff quota Order No CCT heading No Description tariff quota duty ( tonnes ) ( % ) 09.1105 ex 20.06 B II c ) 1 aa ) Apricot pulp originating in Morocco 8 250 11,9

Article 2 portion returned to the reserve where Article 5 has been applied , has been used up , then , to the extent permitted by 1 . A first instalment amounting to 3 700 tonnes of the the amount of the reserve , that Member State shall Community tariff quota referred to in Article 1 shall be forthwith , by notifying the Commission , draw a second allocated among the Member States ; the shares which , share equal to 15 % of its initial share , rounded up where subject to Article 5 , shall be valid until 31 December 1987 necessary to the next unit . shall be as follows :

(tonnes ) Benelux 200 2 . If, after its initial share has been used up , 90 % or Denmark more of the second share drawn by a Member State has 50 been used up , then that Member State shall , in accordance Germany 240 Greece with the conditions laid down in paragraph 1 , draw a third 10 France share equal to 7,5 % of its initial share . 2 800 Ireland 50 Italy 50 United Kingdom 300 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 2 . The second instalment amounting to 4 550 tonnes shall constitute the reserve . conditions laid down in paragraph 1 , draw a fourth share equal to the third .

This process shall continue until the reserve is used up . Article 3

1 . If 90 % or more of a Member State's initial share as 4 . By way of derogation from paragraphs 1 , 2 and 3 , a specified in Article 2 ( 1 ), or 90 % of that share minus the Member State may draw shares smaller than those fixed in

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those paragraphs if there are grounds for believing that notify the amount of that balance to the Member State they might not be used up . It shall inform the Commission making the last drawing . of its reasons for applying this paragraph .

Article 7 Article 4 1 . The Member States shall take all measures necessary to The additional shares drawn pursuant to Article 3 shall be ensure that additional shares drawn pursuant to Article 3 valid until 31 December 1987 . are opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quota . Article 5 2 . The Member States shall ensure that importers of the The Member States shall return to the reserve , not later products in question have free access to the shares allocated to them . than 1 October 1987 , such unused portion of their initial shares as , on 15 September 1987 , is in excess of 20 % of 3 . The Member States shall charge the imports of the the initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not products concerned against their shares as and when the be used . products are entered with customs authorities for free circulation . The Member States shall notify the Commission , not later than 1 October 1987 , of the total quantities of the products 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports in question imported up to 15 September 1987 and charged charged in accordance with paragraph 3 . against the tariff quota and of any quantity of the initial shares returned to the reserve . Article 8 Article 6 At the Commission's request , the Member States shall inform it of imports actually charged against their shares . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and , as soon as it is notified , shall inform each Member Article 9 State of the extent to which the reserve has been used up . The Member States and the Commission shall cooperate It shall inform the Member States , not later than 5 October closely to ensure that this Regulation is complied with . 1987 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 . Article 10 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , shall This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE