31986R4113

31 . 12 . 86 Official Journal of the European Communities No L 380 / 13

COUNCIL REGULATION ( EEC ) No 4113 / 86 of 22 December 1986

opening, allocating and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and originating in Cyprus ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rates laid down for that quota to all imports of the Having regard to the Treaty establishing the European products concerned into all Member States until the quota Economic Community, and in particular Article 113 has been used up ; whereas , in the present case , it seems thereof, advisable not to allocate this quota among the Member States without prejudice to the drawing against the quota volume of such quantities as they may need , under the Having regard to the proposal from the Commission , conditions and according to the procedure specified in Article 1 ( 2 ); whereas this method of management requires close cooperation between the Member States and the Whereas , in Regulation ( EEC ) No 3700 / 83 ( J ), the Commission and the latter must , in particular , be able to Community has established the arrangements applicable to monitor the rate at which the quota is used up and inform trade with Cyprus for 1984 ; whereas Article 2 of this the Member States thereof; Regulation provides for the opening of an annual Community tariff quota of 300 tonnes of sweet peppers , falling within subheading 07.01 S of the Common Customs Whereas , since the Kingdom of Belgium , the Kingdom of Tariff and originating in Cyprus , at a rate of customs duty the Netherlands and the Grand Duchy of Luxembourg are equal to 50 % of the customs duty in the Common united within and jointly represented by the Benelux Customs Tariff; 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 Whereas , pending the definition of arrangements applicable members , beyond 31 December 1984 it is necessary to extend provisionally for 1987 the arrangements which the Community applies currently to trade with Cyprus on the basis of the abovementioned Regulation ; whereas the HAS ADOPTED THIS REGULATION : abovementioned Community tariff quota should be opened for the period 1 January to 31 December 1987 ;

Article 1 Whereas , in the absence of a protocol such as that provided for in Articles 179 and 366 of the Act of Accession of Spain 1 . From 1 January to 31 December 1987 on the import and Portugal , the Community must take the measures into the Community as constituted on 31 December 1985 referred to in Articles 180 and 367 of the said Act ; whereas the customs duty for the following products shall be the tariff measure in question therefore applies to the suspended at a level and within the limits of a Community Community as constituted on 31 December 1985 ; tariff quota as follows :

Order CCT Quota volume Quota duty Description No heading No ( in tonnes ) ( % )

09.1409 07.01 S Sweet peppers , originating in Cyprus 300 4,5

2 . If an importer notifies an imminent importation of the inform the Commission and draw an amount product in question in a Member State and requests the corresponding to these requirements to the extent that the benefit of the quota , the Member State concerned shall available balance of the reserve permits this .

3 . The shares drawn pursuant to paragraph 2 shall be (') OJ No L 369 , 30 . 12 . 1983 , p. 1 . valid until the end of the quota period .

No L 380 / 14 Official Journal of the European Communities 31 . 12 . 86

Article2¶

1 . Member States shall take all appropriate measures to At the request of the Commission , Member States shall ensure that their drawings pursuant to Article 1 ( 2 ) are inform it of imports actually charged against the quota . carried out in such a way that imports may be charged without interruption against their accumulated shares of the Community quota . Article 4 2 . Each Member State shall ensure that importers of the said goods have access to the quota so long as the residual The Member States and the Commission shall collaborate balance of the quota volume so permits . closely in order to ensure that this Regulation is complied with . 3 . Member States shall charge imports of the said goods against their drawings as and when the goods are entered for free circulation .

4 . The extent to which the quota has been used up shall Article 5 be determined on the basis of the imports charged in accordance with paragraph 3 . 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 , 22 December 1986 .

For the Council The President

G. SHAW