31987R4182

No L 399 / 26 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4182 / 87

of 22 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 and originating in Morocco ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , imports from Morocco over a representative reference period 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 thereof, Whereas , during the last three years for which statistics are available , imports of each Member State were as follows : Having regard to the proposal from the Commission ,

(tonnes) Whereas the Cooperation Agreement between the European Member State 1984 1985 1986 Economic Community and the Kingdom of Morocco 0 ), signed on 27 April 1976 provides for the opening by the Benelux 149 399 240 Community of an annual Community tariff quota of 8 250 Denmark — — — tonnes of apricot pulp falling within code No ex 2008 50 91 of the combined nomenclature and originating in Morocco ; — — 120 Germany whereas the customs duties applicable to the quota are equal — — — Greece to 70% of the customs duties actually applied to non-member countries ; whereas the Community tariff quota France 7 715 6 636 5 131 in question should therefore be opened for 1988 ; Ireland — — —

— — — Italy

— — — Whereas, since a protocol as provided for in Articles 179 and United Kingdom 366 of the Act of Accession of Spain and Portugal does not exist , the Community must take the measures referred to in Articles 180 and 367 of that Act; whereas the tariff measure concerned will , therefore , apply to the Community as Whereas, during the last three years , the products in question constituted on 31 December 1985 ; were imported regularly only by certain Member States and not at all or only occasionally by the other Member States; whereas , in these circumstances , in the first phase, initial Whereas the Community has adopted , with effect from shares should be allocated to the genuine importing Member 1 January 1988 , a combined nomenclature for goods which States and the other Member States should be guaranteed meets the requirements of the Common Customs Tariff and the Nomenclature of Goods for the External Trade Statistics access to the tariff quotas when imports into those States of the products concerned are notified ; whereas these of the Community and Statistics of Trade between Member arrangements for allocation will also ensure the uniform levy States ; whereas , from the date given above , the combined of the applicable duties ; nomenclature should be used for the description of the products covered by this Regulation ;

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 , the quota Community importers equal and uninterrupted access to the amount should be divided into two parts , the first being abovementioned quota and uninterrupted application of the allocated among certain Member States and the second rate laid down for that quota to all imports of the products constituting a reserve to cover at a later date the requirements concerned into all Member States until the quota has been of Member States which have used up their initial quota used up ; whereas , having regard to the above principles , the shares ; whereas , in order to give importers in each Member Community nature of the quota can be respected by State a certain degree of security, the first part of the allocating the Community tariff quota among the Member Community quota should under the circumstances be fixed States; whereas, in order to reflect as accurately as possible at 38 % of the quota volume ; the true trend of the market in the products in question , such allocation should be in proportion to the requirements of the Member States, calculated by reference to the statistics for Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into (^ OJ No L 264 , 27 . 9 . 1978 , p. 1 . account and avoid any break in continuity, any Member

31 . 12 . 87 No L 399 / 27 Official Journal of the European Gommunities

State which has almost used up its initial quota share should Whereas , since the Kingdom of Belgium , the Kingdom of the draw an additional share from the reserve ; whereas this must Netherlands and the Grand Duchy of Luxembourg are united be done by each Member State as and when each of its within and jointly represented by the Benelux Economic additional shares 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 the Member States thereof; HAS ADOPTED THIS REGULATION :

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

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

09.1105 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: \ l I — — Not containing added spirit: l — — — Not containing added sugar, in immediate packings of a net content: I

ex 2008 50 91 — — — — Of 4,5 kg or more : l

— Apricot pulp 8 250 10,6

Article2¶

1 . The first part , amounting to 3 135 tonnes of the Community tariff quota referred to in Article 1 shall be 1 . If 90 % or more of a Member State's initial share as allocated among certain Member States ; the quota shares specified in Article 2(1 ), or 90% of that share less any which , subject to Article 5 , shall be valid until 31 December portion returned to the reserve where Article 5 has been 1988 , shall be as follows : applied , has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall forthwith , (tonnes) by notifying the Commission , draw a second share equal to Benelux 120 15 % of its initial share , rounded up where necessary to the Germany 20 next unit . France 2 995

2 . The second part , amounting to 5 115 tonnes , shall 2 . If, after its initial quota share has been used up , 90 % constitute the reserve . or more of the second share drawn by a Member State has been used up , then that Member State shall , in accordance 3 . If an importer gives notification of imminent imports with the conditions laid down in paragraph 1 , draw a third of the product in question into the other Member States and share equal to 7,5 % of its initial share . 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 extent that the 3 . If, after its second share has been used up , 90% or available balance of the reserve so permits . more of the third share drawn by a Member State has been

No L 399 / 28 Official Journal of the European Communities 31 . 12 . 87

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 that 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 fixed in those paragraphs if there are grounds for believing that they might not be used up . It shall inform the Commission of its 1 . The Member States shall take all measures necessary to reasons for applying this paragraph . ensure that additional shares drawn pursuant to Article 3 enable imports to be charged without interruption against their accumulated shares of the tariff quota .

Article 4 2 . The Member States shall ensure that importers of the products in question have free access to the quota shares The additional shares drawn pursuant to Article 3 shall be allocated to them . valid until 31 December 1988 . 3 . The Member States shall charge the imports of the product concerned against their shares as and when the Article 5 products are entered with customs authorities for free circulation .

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

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

Article6¶

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 .

Article 10 It shall inform the Member States , not later than 5 October 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 , 22 December 1987 .

For the Council The President N. WILHJELM