31988R4181

31 . 12 . 88 Official Journal of the European Communities No L 368 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 4181 / 88 of 16 December 1988 opening, allocating and providing for the administration of a Community tariff quota for dried onions ( 1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, during the last three years for which complete statistics are available, the corresponding imports into each of the Member States represented the following figures of total imports of the product in question from third countries which do not benefit from an equivalent Having regard to the Treaty establishing the European preferential tariff measure: Economic Community , and in particular Article 113 thereof,

Member States 1985 1986 1987 Having regard to the proposal from the Commission, Benelux 2 712 2 565 3 085 Denmark 235 182 246 Whereas, under the agreement concluded between the Germany 7 444 ' 6 647 7 471 European Economic Community and the United States of Greece 67 58 70 America concerning the conclusion of the negotiations 546 606 709 Spain under Article XXIV. 6 of the General Agreement on Tariffs France 312 439 483 and Trade (GATT), approved by Decision 87 / 224 / Ireland 246 245 223 EEC (*), the Community has undertaken , for the period 1987 to 1990, to open an annual Community tariff quota Italy 244 145 159 of 12 000 tonnes at a duty rate of 10% for dried, Portugal 70 69 67 dehydrated or evaporated onions; whereas, therefore, this 6 003 5 515 5 516 United Kingdom tariff quota should be opened for 1989 ,

17 879 16 471 18 029 Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down for the tariff quota should be applied consistently to all imports until the quota is used up ; whereas, in the light Whereas , for 1989 , maintenance of quotas for the Member of these principles , allocation of the tariff quota among the States is necessary , bearing in mind that it is impossible for Member States would seem to preserve the Community the administration concerned in each Member State to nature of the quota ; whereas, in order to correspond as introduce , in 1989 , the administrative and technical basis closely as possible to the actual development of the market, for Community administration of the quota ; whereas it is , the allocation should reflect the requirements of the however, possible , bearing in mind the way in which trade Member States based on statistics of imports from third has developed in recent years , to provide for a Community countries during a representative reference period and the reserve of a significantly large amount; economic outlook for the quota year in question ;

Whereas , in view of these factors and of market forecasts for this product for 1989 the initial percentage shares of the (>) OJ No L 98 , 10 . 4 . 1987 , p. 1 . quota volume can be expressed approximately as follows :

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Benelux 15,96 Commission and the latter must be able to monitor the Denmark 1 ,27 extent to which the quota volume has been used up and Germany 41,17 inform the Member States accordingly ; Greece 0,37 Spain 3,55 France 2,36 Whereas if, during the quota period , the Community Ireland 1,36 reserve is almost totally used up , it is essential that Member Italy 1 ,05 States return to the said reserve the whole of the unused Portugal 0,39 proportion of their initial quota and of any drawings made, United Kingdom 32,52 in order to avoid part of the Community tariff quota remaining unused in one Member State when it could be used in others ; Whereas, to allow for import trends for the products concerned, the quota volume should be divided into two Whereas , since the Kingdom of Belgium, the Kingdom of parts , the first being allocated among the Member States the Netherlands and the Grand Duchy of Luxembourg are and the second held as a reserve to cover any subsequent united within and jointly represented by the Benelux requirements of Member States which have used up their Economic Union , any measure concerning the initial share ; whereas , to afford importers some degree of administration of the quota shares allocated, to that certainty , the first part of the tariff quota should be set at a economic union may be carried out by any one of its high level , which in this case could be 60 % of the quota members , volume ;

Whereas initial shares may be used up at different rates; whereas , in order to avoid any break in the continuity of HAS ADOPTED THIS REGULATION : supplies on this account, it should be provided that any Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas each time its additional share is almost used up a Member Article 1 State should draw a further share and so on as many times as the reserve allows ; whereas the initial and additional 1 . From 1 January to 31 December 1989 , the customs shares must be valid until the end of the quota period ; duty applicable to imports of the following products shall whereas this form of administration requires close be suspended at the level indicated and within the limits of cooperation between the Member States and the a Community tariff quota as shown herewith :

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

09.0035 0712 20 00 Dried, dehydrated or evaporated onions , whole , cut , sliced , broken or in powder , but not further prepared 12 000 10

2 . Within the limits of this tariff quota , the Kingdom of Benelux 1 149 Spain and the Portuguese Republic shall apply customs Denmark 91 duties calculated in accordance with the relevant provisions Germany 2 964 laid down by the Act of Accession of Spain and Portugal . Greece 27 Spain 256 France 170 Ireland 98 Italy 76 Article 2 Portugal 28 United Kingdom 2 341 1 . The tariff quota referred to in Article 1 shall be divided into two parts . 3 . The second part of the quota , amounting to 4 800 tonnes , shall constitute the reserve .

2 . The first part of 7 200 tonnes shall be allocated among the Member States; the quota shares shall , subject to 4 . If an importer indicates that he is about to import any Article 5 , be valid until 31 December 1989 and shall be as of the products in question into a Member State "which does follows : not participate in the initial allocation or which has

31 . 12 . 88 Official Journal of the European Communities No L 368 / 3

exhausted its initial quota and applies to use the quota , the shall , as soon as it has been notified , inform each State of Member State concerned shall inform the Commission and the extent to which the reserve has been used up . draw an amount corresponding to its requirements to the extent that the available balance of the quota so permits . It shall inform the Member States , of the amounts still in reserve after amounts have been returned thereto pursuant 5 . Without prejudice to Article 3 , the drawings made to Article 3 . pursuant to paragraph 4 shall be valid until the end of the quota period. It shall ensure that the drawing which uses up the reserve does not exceed the balance available and to this end shall notify the amount of that balance to the Member State Article 3 making the last drawing.

1 . Once at least 80 % of the reserve of the tariff quota , as defined in Article 2 ( 3 ), has been used up , the Commission Article 5 shall inform the Member States thereof. 1 . The Member States shall take all measures necessary to 2 . It shall also notify Member States in this case of the ensure that drawings of shares pursuant to Article 2 (4 ) and date from which drawings on the Community reserve must Article 3 are carried out in such a way that imports may be be made according to the following provisions!: charged without interruption against their accumulated shares in the Community tariff quota .

If an importer presents in a Member State a declaration of entry into free circulation including a request for 2 . The Member States shall ensure that importers of the preferential benefit for the product covered by this products in question have free access to the shares allocated to them . Regulation , and if this declaration is accepted by the customs authorities , the Member State concerned shall draw, from the Community reserve , by means of 3 . The Member States shall charge imports of the product notification to the Commission , a quantity corresponding concerned against their shares as and when they are entered to these needs . with the customs authorities for free circulation .

The requests for drawing, with the indication of the date of 4 . The extent to which a Member State has used up its acceptance of the said declaration , must be communicated share shall be determined on the basis of imports charged to the Commission without delay . in accordance with paragraph 3 .

The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into Article 6 free circulation by the customs authorities of the Member State concerned , to the extent that the available balance so At the request of the Commission , Member States shall permits . inform it of imports of the products concerned actually charged against their shares . If a Member State does not use the quantities drawn , it shall return them as soon as possible to the reserve . Article 7

If the quantities requested are greater than the available The Member States and the Commission shall cooperate balance of the reserve , allocation shall be made on a pro closely in order to ensure that this Regulation is complied rata basis with respect to the requests. Member States shall with . be informed by the Commission in accordance with the same procedures . Article 8 3 . Within a time limit fixed by the Commission as from the date referred to in the first subparagraph of paragraph The Commission may , by means of a Regulation , suspend 2 , Member States shall be required to return to the reserve the application of the tariff measures put into effect by this all the quantities which have not been used on that date, Regulation should it transpire that the reciprocal measures within the meaning of Article 5 ( 3 ) and (4 ). provided for in the Agreement were no longer being applied .

Article 4 Article 9 The Commission shall keep an account of the shares drawn by the Member States pursuant to Articles 2 and 3 and This Regulation shall, enter into force on 1 January 1989 .

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This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 16 December 1988 .

For the Council

The President

G. GENNIMATAS