31987R4079

31 . 12 . 87 Official Journal of the European Communities No L 381 / 23

COUNCIL REGULATION ( EEC ) No 4079 / 87 of 18 December 1987

opening, allocating and providing for the administration of Community tariff quotas for certain types of fruit and fruit juices

THE COUNCIL OF THE EUROPEAN COMMUNITIES , has been expanded into an integrated tariff of the European Communities ( TARIC ); whereas , with effect from that date , the combined nomenclature and where appropriate, the TARIC code numbers , should be used for the description of the products covered by this Regulation ; Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 thereof,

Whereas it is in particular necessary to allow all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application Having regard to the proposal from the Commission , of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up ; whereas , however , since the tariff quotas are intended to cover needs which cannot be Whereas in accordance with the Agreement with the United determined accurately enough or which are open for a States of America on the Mediterranean preferences , citrus short period , it seems advisable not to allocate the quotas and pasta , the Community undertakes to suspend among the Member States but to allow them to draw provisionally and partially the customs duties applicable to against the quota volumes such quantities as they may need certain types of fruit and fruit juices , within the limits of under the conditions and according to a procedure to be Community tariff quotas of appropriate volumes and of specified ; whereas this method of administration requires variable duration ; whereas provision should be made that close cooperation between the Member States and the the Commission can , in order to be able to ensure that the Commission and the latter must, in particular, be able to reciprocal concessions agreed upon in the Agreement are monitor the rate at which the quotas are being used up and balanced , suspend by means of a Regulation the inform the Member States accordingly ; application of these tariff measures ;

Whereas since Belgium , the Netherlands and Luxembourg Whereas admission under these tariff quotas is conditional are united within , and jointly represented by , the Benelux on production to the Community customs authorities of a Economic Union , all transactions concerning the certificate of authenticity issued by the competent administration of shares allocated to that economic union authorities of the country of origin and certifying that the may be carried out by any of its members , products comply with the specific characteristics laid down ;

Whereas it is therefore proper to open for all or part of 1988 Community tariff quotas for sweet oranges of high quality , citrus fruit hybrids known as 'Minneolas' and HAS ADOPTED THIS REGULATION : certain types of frozen concentrated orange juice;

Whereas the Community has adopted , with effect from Article 1 1 January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Tariff and the Nomenclature of Goods for the External Trade 1 . As from 1 January 1988 the customs duties applicable Statistics of the Community and Statistics of Trade to imports of the products listed below shall be suspended between Member States ; whereas , in order to for the periods , at the levels and within the limits of accommodate specific Community rules , this nomenclature Community tariff quotas shown for each product:

No L 381 / 24 Official Journal of the European Communities 31 . 12 . 87

Combined Volume Rate of Order Quota nomenclature Description of quota duty No period code ( in tonnes ) ( in % )

09.0025 ex 0805 10 11 , 15 , Sweet oranges of high quality From 1 February 20 000 10 19 , 41 , 45 , 49 to 30 April 1988

09.0027 ex 0805 20 90 Citrus fruit hybrids known as From 1 February 15 000 2 'Minneolas' to 30 April 1988

09.0033 ex 2009 11 99 Frozen concentrated orange juice having From 1 January 1 500 13 a degree of concentration of up to 50° to 31 December 1988 Brix , in containters of two litres or less , excluding blood orange concentrate

Within the limits of these tariff quotas, Spain and Portugal on it possess the specific characteristics referred to in shall apply customs duties calculated in accordance with paragraph 1 , or the relevant provisions in the 1985 Act of Accession . — in the case of concentrated orange juice , the presentation to the Commission , before importation , of a general attestation in which the competent authority 2 . For the purposes of this Regulation : of the country of origin certifies that concentrated orange juice produced in that country does not contain the juice of blood oranges . The Commission shall ( a ) sweet oranges of high quality means oranges of similar inform the Member States to enable them to notify the varietal characteristics , which are mature , firm , customs departments concerned . well-formed , at least fairly well-coloured , of fairly smooth texture and are free from decay , untreated broken skins , hard or dry skins , exanthema , growth 4 . If an importer indicates that he is about to import any cracks , bruises ( except those incident to proper of the products in question into a Member State and handling and packing), and are free from damage applies to use the corresponding quota , the Member State caused by dryness or mushy condition , split, rough , concerned shall inform the Commission and draw an wide or protruding navels , creasing , scars , oil spots , amount corresponding to its requirements to the extent scale , sunburn , dirt or other foreign matter , disease , that the available balance of the quota so permits . insects or damage caused by mechanical or other means , provided that not more than 15 % of the fruit in any lot fails to meet these specifications and included 5 . The drawings made pursuant to paragraph 4 shall be in this amount , not more than 5 % shall be allowed for valid until the end of the quota period . defects causing serious damage and , included in this latter amount, not more than 0,5 % may be affected by decay ; Article 2

( b) citrus fruit hybrids known as 'Minneolas' means 1 . Member States shall take all appropriate measures to hybrids of the citrus fruit of the variety 'Minneola' ensure that they draw from the quota in accordance with ( Citrus paradisi Macf. C.V. Duncan and Citrus Article 1 ( 4 ) in such a way that imports may be charged reticulata blanca C.V. Dane ); without interruption against their accumulated shares of the Community quotas . (c) frozen concentrated orange juice having a degree of concentration of up to 50° Brix means orange juice that 2 . Each Member State shall ensure that importers of the has a density of 1,229 g / cm3 or less at 20 °C . said goods have free access to the quotas so long as the residual balances of the quota volumes so permit.

3 . Admission under the tariff quotas referred to in paragraph 1 shall be subject to : 3 . Member States shall charge imports of the said goods against their drawings as and when the goods are entered for free circulation . — the presentation , in support of the declaration of entry for free circulation , of a certificate of authenticity issued by the competent authorities of the country of 4 . The extent to which the quotas have been used up shall origin listed in Annex II and conforming to one of the be determined on the basis of the imports charged in models in Annex I , certifying that the products shown accordance with paragraph 3 .

31 . 12 . 87 Official Journal of the European Communities No L 381 / 25

Article3¶

At the request of the Commission , Member States shall The Commission may, by means of a Regulation , suspend inform it of imports actually charged against the quotas. the application of the tariff measures put into effect by this Regulation should it transpire that the reciprocal measures provided for in the Agreement were no longer being applied . Article 4

The Member States and the Commission shall cooperate Article 6 closely in order to ensure that this Regulation is complied with . This Regulation shall enter into force on 1 January 1988 .

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

No L 381 / 26 Official Journal of the European Communities 31 . 12 . 87

ANEXO I — BILAG I — ANHANG I — ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I — ALLEGA TOI — BIJLAGE I — ANEXO I

MODELOS DE CERTIFICADO MODELLER TIL CERTIFIKAT MUSTER DER BESCHEINIGUNGEN ΓΠΟΔΕΙΓΜΑ ΠΙΣΤΟΠΟΙΗΤΙΚΟΥ MODEL CERTIFICATES MODÈLES DE CERTIFICAT

MODELLI DI CERTIFICATO MODELLEN VAN CERTIFICAAT MODELOS DE CERTIFICADO

1 Exporter ( Name, full address, country) 2 Number 00000

3 Consignee ( Name , full address, country) CERTIFICATE OF AUTHENTICITY FRESH SWEET ORANGES 'HIGH QUALITY'

4 Country of origin 5 Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (kg)

11 CERTIFICATION BY THE COMPETENT AUTHORITY I hereby certify that the above sweet oranges consist of oranges of similar varietal characteristics which are mature, firm, well-formed, fairly well-coloured, of fairly smooth texture and are free from decay, broken skins which are not healed, hard or dry skins, exanthema, growth cracks, bruises (except those incident to proper handling and packing), and are free from damage caused by dryness or mushy condition, split, rough, wide or protruding navels, creasing, scars, oil spots, scale, sunburn, dirt or other foreign material, disease, insects or mechanical or other means, provided that not more than 15% of the fruit in any lot fails to meet these specifications and, included in this amount, not more than 5 % shall be allowed for defects causing serious damage, and, included in this latter amount, not more than 0,5% may be affected by decay.

12 Competent authority ( Name, full address, country) At , on

( Signature ) ( Seal )

1 Exporter ( Name, full address, country) 2 Number 00000

l

3 Consignee ( Name, full address, country) CERTIFICATE OF AUTHENTICITY FRESH MINNEOLA

4 Country of origin 5 Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — OETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (kg)

11 CERTIFICATION BY THE COMPETENT AUTHORITY I hereby certify that the citrus described in this certificate are fresh citrus hybrid of the variety Minneola ( Citrus paradisi Macf. C. V. Dun­ can and Citrus reticulata bianco C. V. Dancy).

12 Competent authority ( Name, full address, country) At , on

( Signature ) ( Seal )

1 Exporter (Name, full address, country) 2 Number 00000

\

3 Consignee (Name, full address, country) CERTIFICATE OF AUTHENTICITY CONCENTRATED ORANGE JUICE

4 Country of origin 5 Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (kg)

11 CERTIFICATION BY THE COMPETENT AUTHORITY 1 hereby certify that the above frozen concentrated orange juice has a density of 1,229 g/cm* or less and does not contain blood orange juice.

12 Competent authority ( Name, full address, country)

(Signature ) ( Seal )

31 . 12 . 87 Official Journal of the European Communities No L 381 / 33

ANEXO II — BILA GII — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGA TO II — BIJLA GE II — ANEXO II

País de origen Autoridad compentente Oprindelsesland Kompetent myndighed Ursprungsland Zuständige Behörde Χώρα καταγωγής Αρμόδια υπηρεσία Country of origin Competent authority Pays d'origine Autorité compétente Paesi di origine Autorità competente Land van oorsprong Bevoegde autoriteit País de origem Autoridade competente

Estados Unidos United States Department of Agriculture De Forenede Stater USA ΗΠΑ USA États-Unis d'Amérique Stati Uniti Verenigde Staten Estados Unidos da América

Israel Ministry of Agriculture Department of Plant Protection and Inspec­ Israel tion Israel ( Únicamente para los híbridos de agrios conocidos por el nombre de Ισραήλ Israel « Minneolas ») Israël (udelukkende til krydsninger af citrusfrugter , benævnt »Minneolas«) Israele Israël (Nur für Kreuzungen von Zitrusfrüchten , bekannt unter dem Namen Israel „Minneolas") (μόνο για τα υβρίδια εσπεριδοειδών γνωστά με την ονομασία «Minneolas») ( Only for Citrus fruit known as 'Minneolas') ( Uniquement pour les hybrides d'agrumes connus sous le nom de « Minneolas ») ( Solo per ibridi d'agrumi conosciuti sotto il nome di « Minneolas ») ( Uitsluitend voor kruisingen van citrusvruchten die bekend staan als „minneola's") ( Somente para os citrinos híbridos conhecidos pelo nome de « Minneolas »)