31987R4189

31 . 12 . 87 No L 400 / 43 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4189 / 87

of 21 December 1987

opening and providing for the administration of Community tariff quotas for sweet peppers, frozen peas and garlic originating in Yugoslavia ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , nomenclature based on the International Convention on the Harmonized Commodity Description and Coding System; whereas this Regulation must therefore take account of that Having regard to the Treaty establishing the European fact by using the combined nomenclature codes and , where Economic Community, and in particular Article 113 appropriate , the Taric code numbers of the products thereof, concerned ;

Having regard to the proposal from the Commission , Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rates laid down Whereas Article 2 of the Additional Protocol to the for the quotas should be applied consistently to all imports of Cooperation Agreement between the European Economic the products in question into all Member States until the Community and the Socialist Federal Republic of Yugoslavia quotas are exhausted ; whereas , however , the quotas should establishing new trade arrangements (*) provides for the not in this case be allocated among the Member States, opening of Community tariff quotas for imports into the without prejudice to the drawing against the quota volumes Community of: of such quantities as they may need , under the conditions and according to the procedure laid down in Article 1 ( 3 ); — 1 200 tonnes of sweet peppers falling within code whereas this method of administration requires close 0709 60 10 of the combined nomenclature , cooperation between the Member States and the Commission and the latter must in particular be able to — 1 300 tonnes of frozen peas falling within code monitor the rate at which the quota is used and inform the 0710 21 00 of the combined nomenclature , and Member States accordingly ; — 300 tonnes of garlic falling within code 0703 20 00 of the combined nomenclature , Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united originating in Yugoslavia ; within and jointly represented by the Benelux Economic Union , any operation concerning the administration of the quota share allocated to that economic union may be carried Whereas , within the limits of those tariff quotas , customs out by any one of its members , duties are to be dismantled over thfe same periods and at the same rates as provided for in Articles 75 and 268 of the Act of Accession of Spain and Portugal ; whereas the quota duties for 1988 are equal to 72,7 % of the Common Customs Tariff duties; whereas , however , Council Regulation ( EEC ) No 4150 / 87 of 21 December 1987 laying down arrangements HAS ADOPTED THIS REGULATION : for Spain's and Portugal's trade with Yugoslavia and amending Regulation (EEC ) No 449 / 86 and (EEC ) No 2573 / 87 ( 2 ) provides that those Member States are to postpone application of the preferential arrangements for the Article 1 products in question until 31 December 1989 and 31 December 1990 respectively; whereas this Regulation therefore applies only to the Community as constituted on 31 1 . From 1 January to 31 December 1988 the duties December 1985 ; whereas the Community tariff quotas in applicable to imports into the Community as constituted on question should therefore be opened for 1988 ; 31 December 1985 of the following products originating in Yugoslavia shall be suspended at the levels indicated and Whereas from 1 January 1988 the nomenclature used in the within the limits of a Community tariff quota as shown Common Customs Tariff will be replaced by the combined below :

(*) OJ No L 389 , 31 . 12 . 1987 , p . 73 . (2 ) OJ No L 389 , 31 . 12 . 1987 , p . 1 .

31 . 12 . 87 No L 400 / 44 Official Journal of the European Communities

Order Quota Quota duty CN code Description ( tonnes ) ( % ) No

09.1509 0709 Other vegetables , fresh or chilled : — Fruits of the genus Capsicum or of the genus Pimenta : 0709 60 10 1 200 4,5 — — Sweet peppers \

09.1511 0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen : — Leguminous vegetables , shelled or unshelled : 0710 21 00 — — Peas (Pisum sativum) 1 300 11,2 1

2 . From 1 February to 31 May 1988 the duty applicable to imports into the Community as constituted on 31 December 1985 of the following products originating in Yugoslavia shall be suspended at the level indicated and within the limits of a Community tariff quota as shown below :

Order Quota Quota duty CN code Description No ( tonnes ) ( % )

09.1507 0703 Onions , shallots , garlic , leeks and other alliaceous vegetables , fresh or chilled : ex 0703 20 00 — Garlic : — From 1 February to 31 May 300 8,7

3 . If an importer gives notification of imminent imports concerned against their drawing as and when the goods are entered with the customs authorities for free circulation . of one of the products in question into a Member State and applies to take advantage of the corresponding quota , the Member State concerned shall inform the Commission and 4 . The extent to which the quotas have been used up shall draw an amount corresponding to its requirements to the be determined on the basis of the imports charged in extent that the available balance of the quota so permits . accordance with paragraph 3 .

4 . The shares drawn pursuant to paragraph 3 shall be valid until the end of the quota period . Article 3

At the request of the Commission, Member States shall Article 2 inform it of imports actually charged against the quotas.

1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 1 ( 3 ) enable Article 4 imports to be charged without interruption against their accumulated shares of the Community quotas . Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 2. Member States shall ensure that importers of the products concerned have free access to the quotas for such time as the residual balance of the quota volumes so Article 5 permits .

3 . Member States shall charge imports of the products 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