31987R4084

31 . 12 . 87 No L 382 /6 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 4084/87

of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for frozen peas, falling within codes 0710 21 00 and ex 0710 29 00 of the combined nomenclature and originating in Sweden ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, States based on statistics of imports of the said products from Sweden during a representative reference period and on the economic outlook for the quota year in Having regard to the Treaty establishing the European question ; Economic Community, and in particular Article 113 thereof, Whereas during the last three years for which statistics are available, imports of peas, including chick peas, from Having regard to the Act of Accession of Spain and Sweden into each of the Member States, other than Portugal, Spain, were as follows : (tonnes) Having regard to the proposal from the Commission, Member State 1984 1985 1986 Whereas an Agreement between the European Economic Benelux 0 20 0 Community and the Kingdom of Sweden was concluded Denmark 254 42 273 on 22 July 1972 ; whereas following the accession of 1 432 2 567 3 475 Germany Spain and Portugal to the Community, an Agreement in Greece 0 272 91 the form of an Exchange of Letters has been concluded France 0 0 0 Ireland 0 0 0 and approved by Council Decision 86/558 /EEC ('); 14 527 14 879 14 643 Italy Portugal 282 ^ 0 262 United Kingdom 647 1 160 1 499 Whereas the said Agreement provides for the opening of a 6 000-tonne Community tariff quota at a reduced rate of duty for frozen peas originating in Sweden, 4 500 tonnes of which are reserved for Spain ; whereas 17 142 19 371 20 243 therefore, the tariff quota in question should be opened for the period from 1 January to 31 December 1987 ;

Whereas, during the years under consideration, the Whereas the Community has adopted, with effect from products in question were imported only by certain 1 January 1988, a combined nomenclature for goods Member States and not at all by the other Member which meets the requirements of the Common Customs States ; whereas, under these circumstances, initial shares Tariff and the nomenclature of goods for the external should be allocated to the importing Member States and trade statistics of the Community and statistics of trade the other Member States should be guaranteed access to between Member States ; whereas in order to accom­ the tariff quota when notification is given of imports into modate specific Community measures this nomenclature those States of the products concerned ; whereas these has been expanded into an integrated tariff of the arrangements for allocation will also ensure the uniform European Communities (TARIC); whereas, from the application of the Common Customs Tariff; date given above, the combined nomenclature and, where appropriate, the TARIC code numbers should be Whereas in view of these factors, the initial percentage used for the description of the products covered by this shares of the quota volume of the Member States other Regulation ; than Spain can be expressed approximately as follows :

Whereas equal and continuous access to the quota Benelux 0,04 should be ensured for all Community importers and the Denmark 1,00 rate laid down for the quota should be applied consist­ Germany 13,17 ently to all imports until the quota is exhausted ; whereas, Greece 0,64 in the light of these principles, allocation of the tariff 77,61 Italy quota among the Member States would seem to preserve Portugal 1,72 the Community nature of the quota ; whereas in order to United Kingdom 5,82 correspond as closely as possible to the real trend of the market for the product in question the allocation should reflect the requirements of the Member Whereas to allow for the trend of imports of the product concerned, the quota volume should be divided into two parts, the first being allocated among the Member States and the second held as a reserve to cover any subsequent (l) OJ No L 328 , 22 . 11 . 1986, p. 89 .

No L 382 / 7 31 . 12 . 87 Official Journal of the European Communities

requirements of Member States which have used up their Whereas if at a given date in the quota period a initial share ; whereas, to afford importers in each considerable quantity of a Member State's initial share Member State some degree of certainty, the first part of remains unused, it is essential that the Member State the tariff quota should be set at a high level, which in concerned should return a significant proportion thereof this case could be 98 % of the quota volume; to the reserve in order to prevent part of the Community tariff quota from remaining unused in one Member State Whereas the initial shares may be used up at different when it could be used in others ; rates ; whereas, in order to avoid any break in the continuity of supplies on this account, it should be Whereas since the Kingdom of Belgium, the Kingdom of provided that any Member State which has almost used the Netherlands and the Grand Duchy of Luxembourg up its initial share should draw an additional share from are united within and jointly represented by the Benelux the reserve ; whereas, each time its additional share is Economic Union, any operation concerning the adminis­ almost used up, a Member State should draw a further tration of the quota shares allocated to that economic share and so on as many times as the reserve allows ; union may be carried out by any one of its members, whereas the initial and additional shares must be valid until the end of the quota period ; whereas this form of HAS ADOPTED THIS REGULATION : administration requires close cooperation between the Member States and the Commission and the latter must Article 1 be able to monitor the extent to which the quota volume has been used up and inform the Member States 1 . From 1 January to 31 December 1988 the customs accordingly; duty applicable to imports of the following products, originating in Sweden, shall be suspended at the level indicated and within the limits of a Community tariff quota as shown below :

Amount of quota Rate of duty Order No CN code Description (tonnes) (0/0)

09.0613 0710 21 00 Frozen peas originating in Sweden 6 000 4,5 in Spain ex 0710 29 00 6 in the other Member States

2 . The Protocol on the definition of the concept of not covered by the initial allocation and applies to take originating products and on methods of administrative advantage of the quota, the Member State concerned cooperation, annexed to the Agreement between the shall inform the Commission and draw an amount corre­ European Economic Community and Sweden shall be sponding to its requirements to the extent that the applicable. available balance of the reserve so permits.

Article 2 Article 3 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two parts. 1 . If a Member State has used 90 % or more of its initial share, as specified in Article 2 (2), or of that share 2. The first part of this quota shall be allocated among less any portion returned to the reserve pursuant to certain Member States ; the respective shares, which, Article 5 , it shall forthwith, by notifying the Commission subject to Article 5, shall be valid until 31 December and to the extent that the reserve so permits, draw a 1988 , shall be as follows : second share equal to 10 % of its initial share, rounded up where necessary to the next whole number. (in tonnes) Benelux 1 Denmark 14 2 . If, after its initial quota share has been used up, a Germany 184 Member State has used 90 % or more of its second share Greece 9 as well, it shall forthwith using the procedure provided Spain 4 500 for in paragraph 1 , draw a third share equal to 5 % of Italy 1 087 the initial share, rounded up where necessary to the next Portugal 24 whole number. United Kingdom 81 .

3 . The second part of the quota amounting to 100 tonnes shall constitute the reserve. 3 . If, after its second share has been used up, a Member State has used 90 % or more of its third share, 4. If an importer gives notification of imminent it shall, using the procedure provided for in paragraph 1 , imports of the products in question into a Member State draw a fourth share equal to the third.

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This process shall continue until the reserve is used up. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this 4. By way of derogation from paragraphs 1 , 2 and 3, end notify the amount of that balance to the Member Member States may draw smaller shares than those State making the final drawing. specified in the said paragraphs if there is reason to believe that they might not be used in full. Member Article 7 States shall inform the Commission of their reasons for 1 . Member States shall take all appropriate measures applying this paragraph. to ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without inter­ Article 4 ruption against their accumulated share of the Additional shares drawn pursuant to Article 3 shall be Community tariff quota. valid until 31 December 1988 . 2 . Member States shall ensure that importers of the product concerned have free access to the quota shares Article 5 allocated to them . By 1 October 1988 at the latest Member States must 3 . Member States shall charge imports of the product return to the reserve the unused portion of their initial concerned against their shares as and when the goods share which, on 15 September 1988 is in excess of 20 % are entered with the customs authorities for free circu­ of the initial volume. They may return a greater portion lation . if there is reason to believe that it might not be used. 4 . The extent to which a Member State has used up By 1 October 1988 at the latest Member States must its shares shall be determined on the basis of the imports notify the Commission of the total quantities of the charged in accordance with paragraph 3 . product concerned imported on or before 15 September 1988 and charged against the Community quota and of Article 8 any portion of their initial share that they are returning to the reserve . At the request of the Commission, Member States shall inform it of imports actually charged against their quota Article 6 shares .

The Commission shall keep account of the shares drawn Article 9 by Member States pursuant to Articles 2 and 3 and shall inform each Member State of the extent to which the The Member States and the Commission shall cooperate reserve has been used up as soon as it has been notified. closely to ensure that this Regulation is complied with.

It shall inform the Member States not later than Article 10 5 October 1988 of the state of the reserve following any return of quota shares pursuant to Article 5 . 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 , 21 December 1987 .

For the Council The President

B. HAARDER