31987R4181

31 . 12 . 87 Official Journal of the European Communities No L 399 / 23

COUNCIL REGULATION ( EEC ) No 4181 / 87

of 21 December 1987

opening, allocating and providing for the administration of a Community tariff quota for apricot pulp falling within code No ex 2008 50 91 of the combined nomenclature originating in Israel ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , and also to the economic outlook for the quota period in question ;

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 Whereas , during the last three years for which statistics are thereof, available, imports into each of the Member States were as follows :

Having regard to the proposal from the Commission , (tonnes) Member State 1984 1985 1986 Whereas the Agreement between the European Economic Community and the State of Israel (*) provides for the Benelux 1 55 64 opening by the Community of an annual Community tariff — — — Denmark quota of 150 tonnes of apricot pulp falling within code No — — — 2008 50 91 of the combined nomenclature and originating in Germany Israel ; whereas the customs duty applicable within this tariff Greece — — — quota is equal to 70 % of the customs duty actually applied to — — — Spain non-member countries; whereas the Community tariff quota France — — 33 in question should therefore be opened for 1988 ; Ireland — — —

— — — Italy Whereas , in the absence of a protocol as provided for in — — — Portugal Articles 179 and 366 of the Act of Accession of Spain and — — — Portugal , the Community must take the measures referred to United Kingdom in Articles 180 and 367 of the said Act ; whereas the tariff measure in question therefore applies to the Community as constituted on 31 December 1985 ; Whereas in the last three years the products in question were only imported regularly by certain Member States and not at Whereas, from 1 January 1988 , the nomenclature in the all or only occasionally by the other Member States ; whereas , Common Customs Tariff will be replaced by the combined in these circumstances , in the first phase initial shares should nomenclature based on the International Convention on the be allocated to the genuine importing Member States and the Harmonized Commodity Description and Coding System ; other Member States should be guaranteed access to the tariff whereas this Regulation takes account of that fact by using quotas when imports into those States are notified ; whereas the combined nomenclature codes of the products these arrangements for allocation will also ensure the concerned ; uniform levy of the applicable duties ;

Whereas , in order to take into account import trends for the Whereas it is in particular necessary to ensure for all products concerned in the various Member States , quotas Community importers equal and uninterrupted access to the should be divided into two parts , the first being shared abovementioned quota and uninterrupted application of the among certain Member States and the second constituting a rate laid down for that quota to all imports of the products reserve to cover the subsequent requirements of these concerned into all Member States until the quota has been Member States where they have used up their initial shares used up ; whereas , having regard to the above principles , the and any additional requirements which might arise in the Community nature of the quota can be respected by other Member States; whereas , in order to give importers in allocating the Community tariff quota among the Member each Member State a certain degree of security, the first part States; whereas , in order to reflect as accurately as possible of the Community quota should , in these circumstances, be the real trend of the market in the products in question, such fixed at 67% of the quota volume ; allocation should be in proportion to the requirements of the Member States , calculated by reference to the statistics for imports from Tunisia over a representative reference period Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into (!) OJ No L 136 , 28 . 5 . 1975 , p. 1 . account and avoid any break in continuity , any Member

No L 399 / 24 Official Journal of the European Communities 31 . 12 . 87

State which has almost used up its initial quota shares should Whereas , since the Kingdom of Belgium, the Kingdom of the draw an additional share from the reserve; whereas this Netherlands and the Grand Duchy of Luxembourg are united should be done by each Member State as and when its within and jointly represented by the Benelux Economic additional share is almost used up , and repeated as many Union , any operation relating to the administration of the times as the reserve allows ; whereas the initial and additional quota shares allocated to that economic union may be carried shares must be valid until the end of the quota period ; out by any of its members , whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must be in a position to monitor the extent to which the quota volume has been used up and to inform Member States thereof; HAS ADOPTED THIS REGULATION :

Article 1 Whereas if, at a given date in the quota period , a substantial quantity of the initial quota share remains unused in any From 1 January to 31 December 1988 the customs duty Member State , it is essential that that Member State should applicable in the Community, as constituted on 31 December return a significant proportion to the reserve to prevent a part 1985 , to the following products originating in Israel shall be of the Community tariff quota from remaining unused in one suspended at a level and within the limits of a Community Member State when it could be used in others ; tariff quota as shown herewith :

Order No CN code Description Amount of quota Quota duty ( tonnes ) ( % )

09.1301 2008 Fruits , nuts and other edible parts of plants , otherwise prepared or preserved , whether or not containing added sugar or other sweetening matter or spirit , not elsewhere specified or included : 2008 50 — Apricots : — — Not containing added spirit: — — — Not containing added sugar , in immediate packings of a net content : ex 2008 50 91 — — — — Of 4,5 kg or more : l

— Apricot pulp 150 11,9

Article2¶

1 . An initial tranche of 100 tonnes of the Community 1 . If 90 % or more of a Member State's initial share as tariff quota referred to in Article 1 shall be allocated among certain Member States; the respective shares which , subject specified in Article 2 ( 1 ), of that share minus the portion to Article 5 , shall be valid until 3 1 December 1 9 8 8 , shall be as returned to the reserve where Article 5 has been applied, has follows : been used up , then to the extent permitted by the amount of the reserve that Member State shall forthwith , by notifying (tonnes) the Commission , draw a second share equal to 15% of its Benelux 78 initial share , rounded up where necessary to the next unit. France 22 2 . If, after its initial share has been used up , 90 % or more 2 . The second tranche of 50 tonnes shall constitute the of the second share drawn by a Member State has been used reserve . up , then to the extent permitted by the amount of the reserve that Member State shall , in accordance with the conditions 3 . If an importer notifies the imminent import of the laid down in paragraph 1 , draw a third share equal to 7,5 % products in question into the other Member States and of its initial share . applies to use the quota , the Member State concerned shall inform the Commission and draw an amount corresponding to the requirements to the extent that the available balance of 3 . If, after its second share has been used up , 90% or the reserve so permits . more of the third share drawn by a Member State has been

31 . 12 . 87 Official Journal of the European Communities No L 399 / 25

used up , that Member State shall , in accordance with the It shall ensure that the drawing which exhausts the reserve conditions laid down in paragraph 1 , draw a fourth share does not exceed the balance available and , to this end , shall equal to the third . notify the amount of the balance to the Member State making the last drawing. This process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Article 7 Member State may draw shares smaller than those specified in those paragraphs if there are grounds for believing that 1 . The Member States shall take all measures necessary to they might not be used up . It shall inform the Commission of ensure that additional shares drawn pursuant to Article 3 are its reasons for applying this paragraph . opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quota . Article 4 2 . The Member States shall ensure that importers of the The additional shares drawn pursuant to Article 3 shall be products in question have free access to the shares allocated valid until 31 December 1988 . to them .

3 . The Member States shall charge the imports of the Article S products concerned against their shares as and when the products are entered with customs authorities for free circulation . The Member States shall return to the reserve , not later than 1 October 1988 , such unused portion of their initial share as , on 15 September 1988 , is in excess of 20% of the initial 4 . The extent to which a Member State has used up its volume . They may return a larger quantity if there are share shall be determined on the basis of the imports charged grounds for believing that this quantity may not be used . in accordance with paragraph 3 .

The Member States shall notify the Commission, not later than 1 October 1988 , of the total quantities of the products Article 8 in question imported up to 15 September 1988 and charged against the tariff quota and of any of the initial share that they At the Commission's request the Member States shall inform are returning to the reserve . it of imports actually charged against their shares .

Article 6 Article 9 The Commission shall keep an account of the shares opened The Member States and the Commission shall cooperate by the Member States pursuant to Articles 2 and 3 and , as closely to ensure that this Regulation is complied with . soon as it is notified , shall inform each Member State of the extent to which the reserve has been used up .

It shall inform the Member States , not later than 5 October Article 10 1988 , of the amount in the reserve after quantities have been returned thereto 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