31987R4072

31 . 12 . 87 Official Journal of the European Communities No L 381 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 4072 / 87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for onions falling within code 0712 20 00 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , down for the tariff quota should be applied consistently to all imports until the quota is used up ; whereas , in the light of these principles , allocation of the tariff quota among the Member States would seem to preserve the Community Having regard to the Treaty establishing the European nature of the quota ; whereas , in order to correspond as Economic Community , and in particular Article 113 closely as possible to the actual development of the market, thereof, the allocation should reflect the requirements of the Member States based on statistics of imports from third countries during a representative reference period and the Having regard to the proposal from the Commission, economic outlook for the quota year in question ;

Whereas , under the agreement concluded between the European Economic Community and the United States of America concerning the conclusion of the negotiations Whereas , during the last three years for which complete under Article XXIV . 6 of the General Agreement on Tariffs statistics are available , the corresponding imports into each and Trade ( GATT ), approved by Decision 87 / 224 / of the Member States represented the following figures of EEC ( 1 ), the Community has undertaken , for the period total imports of the product in question from third countries which do not benefit from an equivalent 1987 to 1990 , to open an annual Community tariff quota of 12 000 tonnes at a duty rate of 10 % for dried , preferential tariff measure : dehydrated or evaporated onions; whereas , therefore , this tariff quota should be opened for 1988 ;

Whereas the Community has adopted , with effect from Member States 1984 1985 1986 1 January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Tariff Benelux 3 266 2 712 2 565 and the Nomenclature of Goods for the External Trade Denmark 283 235 182 Statistics of the Community and Statistics of Trade Germany 6 796 7 444 6 647 between Member States ; whereas , in order to Greece 50 67 58 accommodate specific Community measures , this Spain 573 546 606 France 664 312 439 nomenclature has been expanded into an integrated tariff Ireland 249 246 245 of the European Communities (TARIC ); whereas , with Italy 162 244 145 effect from the date given above , the combined Portugal 52 70 69 nomenclature and , where appropriate , the TARIC code 6 003 United Kingdom 6 736 5 515 numbers, should be used for the description of the products covered by this Regulation; 18 831 17 879 16 471

Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid

Whereas , in view of these factors and of market forecasts for this product for 1988 the initial percentage shares of the (') OJ No L 98 , 10 . 4 . 1987 , p. 1 . quota volume can be expressed approximately as follows :

No L 381 / 2 Official Journal of the European Communities 31 . 12 . 87

Benelux 16,06 extent to which the quota volume has been used up and Denmark 1,32 inform the Member States accordingly ; Germany 39,28 Greece 0,33 Spain 3,24 Whereas if, at a given date in the quota period , a France 2,66 considerable quantity of a Member State's initial share Ireland 1,39 remains unused , it is essential that the Member State Italy 1,04 concerned should return a significant proportion thereof to Portugal 0,36 the reserve , in order to prevent part of the Community United Kingdom 34,32 tariff quota from remaining unused in one Member State while it could be used in others ;

Whereas , to allow for import trends for the products concerned , the quota volume should be divided into two Whereas , since the Kingdom of Belgium , the Kingdom of parts , the first being allocated among the Member States the Netherlands and the Grand Duchy of Luxembourg are and the second held as a reserve to cover any subsequent united within and jointly represented by the Benelux requirements of Member States which have used up their Economic Union , any measure concerning the initial share ; whereas , to afford importers some degree of administration of the quota shares allocated to that certainty , the first part of the tariff quota should be set at a economic union may be carried out by any one of its high level , which in this case could be 80 % of the quota members , volume ;

Whereas initial shares may be used up at different rates ; whereas , in order to avoid any break in the continuity of supplies on this account, it should be provided that any HAS ADOPTED THIS REGULATION : Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas each time its additional share is almost used up a Member State should draw a further share and so on as many times Article 1 as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; From 1 January to 31 December 1988 , the customs duty whereas this form of administration requires close applicable to imports of the following products shall be cooperation between the Member States and the suspended at the level indicated and within the limits of a Commission and the latter must be able to monitor the Community tariff quota as shown herewith :

Combined Amount of Rate of Order nomenclature Description tariff quota duty No code ( tonnes ) ( % )

09.0035 0712 20 00 Dried , dehydrated or evaporated onions , whole , cut , sliced , broken or in powder , but not further prepared 12 000 10

Within the limits of this tariff quota , the Kingdom of Spain Benelux 1 542 and the Portuguese Republic shall apply customs duties Denmark 127 calculated in accordance with the relevant provisions laid Germany 3 771 down by the Act of Accession of Spain and Portugal . Greece 32 Spain 311 France 255 Ireland 133 Article 2 Italy 100 Portugal 34 United Kingdom 3 295 1 . The tariff quota referred to in Article 1 shall be divided into two parts .

2 . The first part of 9 600 tonnes shall be allocated among the Member States ; the quota shares shall , subject to Article 5 , be valid until 31 December 1988 and shall be as 3 . The second part of the quota , amounting to 2 400 follows : tonnes , shall constitute the reserve .

31 . 12 . 87 Official Journal of the European Communities No L 381 / 3

Article3¶

1 . If a Member State has used 90 % or more of its initial The Commission shall keep an account of the shares share as specified in Article 2 ( 2), or of that share less any opened by the Member States pursuant to Articles 2 and 3 portion returned to the reserve pursuant to Article 5 , it and shall , as soon as the information reaches it inform each shall forthwith , by notifying the Commission and to the State of the extent to which the reserve has been used up . extent that the reserve so permits , draw a second share equal to 10 % of its initial share , rounded up where necessary to the next whole number. It shall , not later than 5 October 1988 , inform the Member States of the amount still in reserve , following any return of shares pursuant to Article 5 . 2 . If after its initial share has been used up , a Member State has used 90 % or more of the second share as well , that Member State shall forthwith , using the procedure Its shall ensure that the drawing which exhausts the reserve provided for in paragraph 1 , draw a third share equal to does not exceed the balance available , and to this end shall 5 % of its initial share , rounded up where necessary to the notify the amount of that balance to the Member State next whole number . making the last drawing.

3 . If, after its second share has been used up , a Member Article 7 State has used 90 % or more of its third share , it shall , using the procedure provided for in paragraph 1 , draw a 1 . Member States shall take all appropriate measures to fourth share equal to the third . ensure that additional drawings of shares pursuant to Article 3 are carried out in such a way that imports may be charged without interruption against their accumulated This process shall apply until the reserve is used up . shares of the Community quota .

4 . By way of derogation from paragraphs 1 , 2 and 3 , 2 . The Member States shall ensure that importers of the Member States may draw shares lower than those specified product in question have free access to the shares allocated in those paragraphs if there are grounds for believing that to them . they may not be used in full . Member States shall inform the Commission of their reasons for applying this paragraph . 3 . The Member States shall charge imports of the product in question against their shares as and when the product is entered with the customs authorities for free circulation .

Article 4 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 .

Article8¶

At the request of the Commission , the Member States shall Article 5 inform it of imports actually charged against their quota shares .

Member States shall , not later than 1 October 1988 , return to the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20 % of the Article 9 initial volume . They may return a greater portion if there are grounds for believing that it may not be used in full . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Member States shall , not later than 1 October 1988 , notify the Commission of the total quantities of the product in question imported up to and including 15 September 1988 Article 10 and charged against the Community quota and of any portion of their initial shares returned to the reserve . This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 18 December 1987 .

For the Council

The President

N. WILHJELM