31987R4089

No L 382 /24 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION (EEC) No 4089/87

of 22 December 1987 opening and providing for the administration of a Community tariff quota for sweet, clear-fleshed cherries, marinated in alcohol, falling within code ex 2008 60 39 of the combined nomenclature and intended for the manufacture of chocolate products ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Communities (TARIC); whereas, with effect from that date, the combined nomenclature and, where appro­ priate, the TARIC code numbers, should be used for the Having regard to the Treaty establishing the European description of the products covered by this Regulation ; Economic Community, and in particular Article 28 thereof, Whereas it is in particular necessary to allow all Community importers equal and uninterrupted access to Having regard to the proposal from the Commission, the quota and to ensure uninterrupted application of the rates laid down for the quota to all imports of the products concerned into all Member States until the Whereas Community production of sweet, clear-fleshed cherries marinated in alcohol and intended for the quota has been used up ; whereas, in the present case, it seems advisable not to allocate this quota among the manufacture of confectionery (in particular chocolate Member States but to allow them to draw against the products) is currently insufficient to meet the quota volume such quantities as they may need, under requirements of the user industries in the Community; the conditions and according to the procedure specified whereas the Community depends to a considerable in Article 1 (2); whereas this method of administration extent on imports from third countries for its supplies of requires close cooperation between the Member States products of this type ; whereas it is in the Community's and the Commission and the latter must, in particular, be interest to suspend partially the customs duty for the able to monitor the rate at which the quota is being used products in question, within a Community tariff quota of up and inform the Member States accordingly; an appropriate volume ; whereas, in order not to interfere with the prospects for developing production in the Community and at the same time ensure an adequate Whereas, since the Kingdom of Belgium, the Kingdom supply to satisfy user industries, it is advisable that the of the Netherlands and the Grand Duchy of tariff quota should cover only products which meet Luxembourg are united within, and jointly represented certain criteria relating to use, to open the quota for the by, the Benelux Economic Union, all transactions period 1 January to 31 December 1988 , and to set the concerning the administration of shares allocated to that volume at 3 000 tonnes, this being the quantity it is economic union may be carried out by any of its necessary to import from third countries during that members, period, and to set the quota duty at 10 % ;

HAS ADOPTED THIS REGULATION : Whereas the Community has adopted, with effect from 1 January 1988 , a combined nomenclature for goods which meets the requirements of the Common Customs Article 1 Tariff and the nomenclature of goods for the external trade statistics of the Community and statistics of trade 1 . From 1 January to 31 December 1988 the customs between Member States ; whereas , in order to accom­ duties applicable to imports of the products specified modate specific Community rules, this nomenclature has below shall be suspended at the level indicated and been expanded into an integrated tariff of the European within the limits of a Community tariff quota as follows :

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

09.2713 ex 2008 60 39 Sweet, clear-fleshed cherries, marinated in alcohol, of 3 000 10 a diameter not exceeding 18,9 mm, stoned, intended for the manufacture of chocolate products (')

(') Checks on their prescribed end-use shall be carried out pursuant to the relevant Community provisions.

31 . 12 . 87 Official Journal of the European Communities No L 382 / 25

Within the limits of this tariff quota, Spain and Portugal 3 . Member States shall charge imports of the product shall apply customs duties calculated in accordance with concerned against the amounts they have drawn as and the relevant provisions in the 1985 Act of Accession. when the goods are entered for free circulation.

2. If an importer indicates that he is about to import 4 . The extent to which the quota has been used up the product in question into a Member State and applies shall be determined on the basis of the imports charged to use the quota, the Member State concerned shall inform the Commission and draw an amount corre­ in accordance with paragraph 3 . sponding to its requirements to the extent that the available balance of the reserve so permits . Article 3

3 . The shares drawn pursuant to paragraph 2 shall be At the request of the Commission, Member States shall valid until the end of the quota period. inform it of imports actually charged against the quota. Article 2 Article 4 1 . Member States shall take all appropriate measures to ensure that they draw from the quota in accordance The Member States and the Commission shall cooperate with Article 1 (2) in such a way that imports may be closely in order to ensure that this Regulation is charged without interruption against their accumulated complied with. shares of the Community quota. 2. Each Member State shall ensure that importers of Article 5 the product concerned have access to the quota so long as the residual balance of the quota volume so permits . 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, 22 December 1987 .

For the Council

The President

N. WILHJELM