31987R4108

No L 383 / 44 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4108 / 87 of 22 December 1987 opening and providing for the administration of a Community tariff quota for boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries , falling within subheading ex 0811 90 90 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , according to the procedure laid down in Article 1 ( 2 ); whereas this method of administration requires close Having regard to the Treaty establishing the European cooperation between the Member States and the Economic Community , and in particular Article 28 Commission and the latter must in particular be able to thereof, monitor the rate at which the quota is used and inform the Member States accordingly ; Having regard to the proposal from the Commission , Whereas since the Kingdom of Belgium , the Kingdom of the Whereas the Community currently depends on imports from Netherlands and the Grand Duchy of Luxembourg are united third countries for its supplies of boysenberries ; whereas it is within and jointly represented by the Benelux Economic in the Community's interest to suspend partially the union , any operation concerning the administration of the Common Customs Tariff duty on the products in question quota share allocated to that economic union may be carried within the limits of a Community tariff quota of an out by any one of its members , appropriate volume ; whereas in order not to harm the prospects for increasing fruit production within the Community while at the same time making adequate supplies available to user industries , the tariff quota should be limited HAS ADOPTED THIS REGULATION : to 1 500 tonnes and opened for the period 1 January to 31 December 1988 at a duty of 15% ;

Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down Article 1 for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted ; whereas , however , the quota should not 1 . From 1 January to 31 December 1988 the customs duty in this case be allocated among the Member States , without applicable to imports of the following product shall be prejudice to the drawing against the quota volume of such suspended at the level indicated and within the limits of a quantities as they may need , under the conditions and Community tariff quota as shown below :

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

09.2729 ex 0811 90 90 Boysenberries , preserved by freezing , not containing added sugar , intended for any form of processing except for the manufacture of jam entirely from boysenberries 1 500 15

2 . Within the limits of this tariff quota the Kingdom of take advantage of the quota , the Member State concerned Spain and the Portuguese Republic shall apply duties shall inform the Commission and draw an amount calculated in accordance with the relevant provision of the corresponding to its requirements to the extent that the Act of Accession . available balance of the quota so permits .

3 . Checks that the products are used for the prescribed 2 . The shares drawn pursuant to paragraph 1 shall be specific purpose shall be carried out in accordance with the valid until the end of the quota period . relevant Community provisions .

Article3¶

1 . If an importer gives notification of imminent imports 1 . Member States shall take all appropriate measures to of the product in question into a Member State and applies to ensure that their drawings pursuant to Article 2 ( 1 ) enable

31 . 12 . 87 Official Journal of the European Communities No L 383 / 45

imports to be charged without interruption against their Article 4 accumulated shares of the Community quota . At the request of the Commission , Member States shall inform it of imports of the product concerned actually 2 . Member States shall ensure that importers of the charged against the quota . product concerned have free access to the quota for such time as the residual balance of the quota volume so permits . Article S 3 . Member States shall charge imports of the product The Member States and the Commission shall cooperate concerned against their drawings as and when the goods are entered with the customs authorities for free circulation . closely to ensure that this Regulation is complied with .

4 . The extent to which the quota has been used up shall be Article 6 determined on the basis of the imports charged in accordance with paragraph 3 . 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