31987R4169

No L 398 / 16 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION (EEC) No 4169/87

of 21 December 1987 opening and providing for the administration of a Community tariff quota for sweet peppers falling within subheading 0709 60 10 of the combined nomenclature and orig­ inating in Cyprus ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas from the date on which the said quota is opened, the nomenclature used in the Common Customs Having regard to the Treaty establishing the European Tariff will be replaced by the combined nomenclature Economic Community, and in particular Article 113 based on the International Convention on the thereof, Harmonized Commodity Description and Coding System ; whereas this Regulation must take account of Havring regard to the proposal from the Commission, that fact by indicating the combined nomenclature codes within which the said products fall ; Whereas the Agreement establishing an Association Whereas equal and continuous access to the quota between the European Economic Community and the should be ensured for all Community importers and the Republic of Cyprus, as supplemented by the Protocol rates laid down for the quota should be applied consist­ laying down the conditions and procedures for the ently to all the Member States until the quota is implementation of the second stage of the said exhausted ; whereas, however, the quota should not in Agreement and adapting certain provisions thereof (x), this case be allocated among the Member States, without provides for the opening of a Community tariff quota of prejudice to the drawing against the quota volume of 300 tonnes for sweet peppers falling within subheading such quantities as they may need, under the conditions 0709 60 10 of the combined nomenclature and orig­ and according to the procedure laid down in Article 1 inating in Cyprus ; whereas, pursuant to Article 18 of the (2); whereas this method of administration requires close Protocol in question, this volume is subject to an annual cooperation between the Member States and the increase of 5 % from the entry into force of the Commission and the latter must in particular be able to Protocol, and will therefore be 315 tonnes in 1988 ; monitor the rate at which the quota is used and inform whereas, within the limit of the tariff quota, the customs the Member States accordingly; duty applicable is to be abolished progressively according to the timetable and under the conditions as laid down in Whereas since the Kingdom of Belgium, the Kingdom of Articles 5 and 16 of the said Protocol ; the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Whereas, however, the Protocol to the Association Economic Union, any operation concerning the adminis­ tration of the quota shares allocated to that economic Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession union may be carried out by any one of its members, of the Kingdom of Spain and the Portuguese Republic to HAS ADOPTED THIS REGULATION : the Community (2) lays down that those Member States will postpone implementation of the preferential arrange­ Article 1 ments for the products in question until 31 December 1989 and 31 December 1990 respectively; whereas, 1 . From 1 January to 31 December 1988 the customs consequently, the above tariff quota applies only to the duty applicable to imports into the Community as con­ Community as constituted on 31 December 1985 ; stituted on 31 December 1985 of the following products whereas the Community tariff quota should therefore be shall be suspended at the levels indicated and within the opened for 1988 ; limits of a Community tariff quota as shown below :

Order No CN code Description Volume of quota Quota duty (tonnes) ( °/o )

09.1409 0709 60 10 Sweet peppers, originating in Cyprus 315 4,5 from 1 January to 29 February 4 from 1 March to 31 December

0) OJ No L 393 , 31 . 12 . 1987, p. 2 . (2) OJ No L 393, 31 . 12. 1987, p. 37.

No L 398 / 17 31 . 12 . 87 Official Journal of the European Communities

3 . Member States shall charge imports of the said 2 . If an importer gives notification of imminent goods against their drawings as and when the goods are imports of the product in question into a Member State entered with the customs authorities for free circulation . and applies to take advantage of the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the 4 . The extent to which the quota has been used up extent that the available balance of the reserve so shall be determined on the basis of the imports charged permits . in accordance with paragraph 3 . 3 . The shares drawn pursuant to paragraph 2 shall be valid until the end of the quota period. Article 3 Article 2 At the request of the Commission, Member States shall inform it of imports actually charged against the quota. 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 1 (2) Article 4 enable imports to be charged without interruption against their accumulated shares of the Community The Member States and the Commission shall cooperate quota. closely to ensure that this Regulation is complied with. 2 . Each Member State shall ensure that importers of the product concerned have free access to the quota for Article 5 such time as the residual balance of the quota volume so This Regulation shall enter into force on 1 January 1988 . permits.

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