31988R4185

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

COUNCIL REGULATION (EEC ) No 4185 / 88

of 16 December 1988

opening and providing for the administration of Community tariff quotas for certain types of fruit and fruit juices ( 1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , products concerned into all Member States until the quotas have been used up; whereas, in this case, it seems advisable not to allocate the quotas among the Member States but to Having regard to the Treaty establishing the European allow them to draw against the quota volumes such quantities as they may need under the conditions and Economic Community, and in particular Article 113 thereof, according to the procedure laid down in Article 2 ( 1 ); whereas this method of administration requires close cooperation between the Member States and the Having regard to the proposal from the Commission, Commission and the latter must, in particular, be able to monitor the rate at which the quotas are being used up and inform the Member States accordingly ; Whereas in accordance with the Agreement with the United States of America on the Mediterranean preferences , citrus and pasta , the Community undertakes to suspend Whereas if, during the quota period, the tariff quota is provisionally and partially the customs duties applicable to almost totally used up , it is indispensable that Member certain types of fruit and fruit juices , within the limits of States return to this quota the entirety of the drawings Community tariff quotas of appropriate volumes and of made which have not been used, in order to avoid part of variable duration ; whereas provision should be made that the Community tariff quotas remaining unused in one the Commission can , in order to be able to ensure that the Member State when it could be used in others ; reciprocal concessions agreed upon in the Agreement are balanced , suspend by means of a Regulation the application of these tariff measures; Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Whereas admission under these tariff quotas is conditional united within, and jointly represented by, the Benelux on production to the Community customs authorities of a Economic Union , all transactions concerning the certificate of authenticity issued by the competent administration of shares levied by that economic union may be carried out by any of its members , authorities of the country of origin and certifying that the products comply with the specific characteristics laid down ;

HAS ADOPTED THIS REGULATION : Whereas it is therefore proper to open for all or part of 1989 Community tariff quotas for sweet oranges of high quality, citrus fruit hybrids known as 'Minneolas' and certain types of frozen concentrated orange juice; Article 1

Whereas it is in particular necessary to allow all 1 . The customs duties applicable to imports of the Community importers equal and uninterrupted access to products listed below shall be suspended for the periods, at the said quotas and to ensure the uninterrupted application the levels and within the limits of Community tariff quotas of the rates laid down for the quotas to all imports of the shown for each product :

Volume Rate of Order Quota CN code Description of quota duty No period ( in tonnes ) ( in % )

09.0025 ex 0805 10 11 , 15 , Sweet oranges of high quality From 1 February 20 000 10 19 , 41 , 45 , 49 to 30 April 1989

09.0027 ex 0805 20 90 Citrus fruit hybrids known as From 1 February 15 000 2 'Minneolas' to 30 April 1989

09.0033 ex 2009 11 99 Frozen concentrated orange juice having From 1 January 1 500 13 a degree pf concentration of up to 50° to 31 December 1989 Brix , in containers of two litres or less, excluding blood orange concentrate

31 . 12 . 88 Official Journal of the European Communities No L 368 / 13

2 . Within the limits of these tariff quotas. Spain and shall inform the Commission and draw an amount Portugal shall apply customs duties calculated in corresponding to its requirements to the extent that the accordance with the relevant provisions in the 1985 Act of available balance of the quota so permits. Accession .

2 . Without prejudice to Article 3 , shares drawn pursuant to paragraph 1 shall be valid until the end of the quota 3 . For the purposes of this Regulation : period . (a) sweet oranges of high quality means oranges of similar varietal characteristics , which are mature , firm , well-formed , at least fairly well-coloured , of fairly Article 3 smooth texture and are free from decay , untreated broken skins , hard or dry skins , exanthema , growth 1 . Once at least 80 % of the tariff quota as defined in cracks , bruises (except those incident to proper Article 1(1 ) has been used up , the Commission shall notify handling and packing), and are free from damage the Member States thereof. caused by dryness or mushy condition, split , rough , wide or protruding navels , creasing, scars , oil spots, scale , sunburn , dirt or other foreign matter, disease , 2 . It shall also notify Member States in this case of the insects or damage caused by mechanical or other date from which drawings on the tariff quota must be made means, provided that not more than 15 % of the fruit according to the following provisions : in any lot fails to meet these specifications and included in this amount , not more than 5 % shall be allowed for If an importer presents in a Member State a declaration of defects causing serious damage and , included in this entry into free circulation including a request for latter amount, not more than 0,5 % may be affected by preferential benefit for a product covered by this decay ; Regulation, and if this declaration is accepted by the customs authorities , the Member State concerned shall (b ) citrus fruit hybrids known as 'Minneolas' means draw from the tariff quota , by means of notification to the hybrids of the citrus fruit of the variety 'Minneola' Commission , a quantity corresponding to these needs . ( Citrus paradisi Macf. C. V. Duncan and Citrus reticulata blanca C. V. Dancy); The requests for drawing , with the indication of the date of acceptance of the said declarations, must be communicated c) frozen concentrated orange juice having a degree of to the Commission without delay . concentration of up to 50° Brix means orange juice that has a density of 1.229 g/ cm3 or less at 20 °C . The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member 4 . Admission under the tariff quotas referred to in State concerned , to the extent that the available balance so paragraph 1 shall be subject to: permits .

If a Member State does not use the quantities drawn, it — the presentation , in support of the declaration of entry for free circulation , of a certificate of authenticity shall return them as soon as possible to the tariff quota. issued by the competent authorities of the country of If the quantities requested are greater than the available origin listed in Annex II and conforming to one of the balance of the quota , allocation shall be made on a pro rata models in Annex I , certifying that the products shown basis with respect to the requests . Member States shall be on it possess the specific characteristics referred to in informed by the Commission in accordance with the same paragraph 1 , or procedures . — in the case of concentrated orange juice, the presentation to the Commission , before importation, of 3 . Within a time limit laid down by the Commission a general attestation in which the competent authority starting from the date referred to in the first subparagraph of the country of origin certifies that concentrated of paragraph 2 , Member States shall be required to return orange juice produced in that country does not contain to the tariff quota all the quantities which have not been the juice of blood oranges . The Commission shall used on that date, within the meaning of Article 4 ( 3 ) inform the Member States to enable them to notify the and (4 ). customs departments concerned .

Article 4 Article 2 1 . Member States shall take all appropriate measures to 1 . If an importer gives notification of imminent imports of ensure that their drawings pursuant to Article 2 ( 1 ) enable the product in question into a Member State and applies to imports to be charged without interruption against their take advantage of the quota , the Member State concerned accumulated shares of the Community quotas .

No L 368 / 14 Official Journal of the European Communities 31 . 12 . 88

2 . Each Member State shall ensure that importers of the Article 6 products concerned have free access to the quotas for such time as the residual balance of the quota volume so The Member States and the Commission shall cooperate permits . closely in order to ensure that this Regulation is complied with . 3 . Member States shall charge imports of the products concerned against their drawings as and when the goods are entered with the customs authorities for free Article 7 circulation . The Commission may, by means of a Regulation, suspend the application of the tariff measures put into effect by this 4 . The extent to which the quotas have been used up shall Regulation should it transpire that the reciprocal measures be determined on the basis of the imports charged in provided for in the Agreement were no longer being accordance with paragraph 3 . applied .

Article S Article 8 At the request of the Commission , Member States shall inform it of imports actually charged against the quotas. This Regulation shall enter into force on 1 January 1989 .

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

31 . 12 . 88 Official Journal of the European Communities No L 368 / 15

ANEXO / — BILAG I - ANHANG I - ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I - ALLEGA TOI — BIJLAGE I — ANEXO I

MODELOS DE CERTIFICADO MODELLER TIL CERTIFIKAT MUSTER DER BESCHEINIGUNGEN ΥΠΟΔΕΙΓΜΑ ΠΙΣΤΟΠΟΙΗΤΙΚΟΥ MODEL CERTIFICATES MODÈLES DE CERTIFICAT

MODELLI DI CERTIFICATO MODELLEN VAN CERTIFICAAT MODELOS DE CERTIFICADO

2 Number 00000 1 Exporter ( Name, full address, country)

3 Consignee (Name, full address, country) CERTIFICATE OF AUTHENTICITY FRESH SWEET ORANGES ' HIGH QUALITY'

4 Country of origin 5 Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (kg)

11 CERTIFICATION BY THE COMPETENT AUTHORITY I hereby certify that the above sweet oranges consist of oranges of similar varietal characteristics which are mature, firm, well-formed, fairly well-coloured, of fairly smooth texture and are free from decay, broken skins which are not healed, hard or dry skins, exanthema, growth cracks, bruises (except those incident to proper handling and packing), and are free from damage caused by dryness or mushy condition, split, rough , wide or protruding navels, creasing, scars, oil spots, scale, sunburn, dirt or other foreign material, disease, insects or mechanical or other means, provided that not more than 15% of the fruit in any lot fails to meet these specifications and, included in this amount, not more than 5 % shall be allowed for defects causing serious damage, and, included in this latter amount, not more than 0,5% may be affected by decay.

12 Competent authority ( Name , full address, country ) At on

( Signature ) Seal )

1 Exporter ( Name, full address, country) 2 Number 00000

3 Consignee ( Name, full address, country) CERTIFICATE OF AUTHENTICITY FRESH MINNEOLA

4 Country - of origin 5 Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (kg)

11 CERTIFICATION BY THE COMPETENT AUTHORITY I hereby certify that the citrus described in this certificate are fresh citrus hybrid of the variety Minneola ( Citrus paradisi Macf. C. V. Dun­ can and Citrus reticulata bianco C. V. DancyJ.

12 Competent authority ( Name, full address, country) At on

( Signature ) ( Seal

1 Exporter (Name, full address, country) 2 Number 00000

3 Consignee (Name, full address, country) CERTIFICATE OF AUTHENTICITY CONCENTRATED ORANGE JUICE

4 Country of origin S Country of destination

6 Place and date of shipment — Means of transport 7 Supplementary details

8 Marks and numbers — Number and kind of packages — DETAILED DESCRIPTION OF GOODS 9 Gross 10 Net weight weight (kg) (M

11 CERTIFICATION BY THE COMPETENT AUTHORITY 1 hereby certify that the above frozen concentrated orange juice has a density of 1,229 g/cm* or less and does not contain blood orange juice.

12 Competent authority ( Name , full address, country)

( Signature ) ( Seal )

31 . 12 . 88 Official Journal of the European Communities No L 368 / 23

ANEXOU — BILAGII — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II — ANEXOU

País de origen Autoridad compentente Oprindelsesland Kompetent myndighed Ursprungsland Zuständige Behörde Χώρα καταγωγής Αρμόδια υπηρεσία Country of origin Competent authority Pays d'origine Autorité compétente Paesi di- origine Autorità competente Land van oorsprong Bevoegde autoriteit País de -origem Autoridade competente

Estados Unidos De Forenede Stater USA ΗΠΑ USA United States Department of Agriculture États-Unis d'Amérique t Stati Uniti Verenigde Staten Estados Unidos da América

Cuba Cuba Kuba Κούβα Cuba Ministère de l'Agriculture Cuba Cuba Cuba Cuba

Israel Ministry of Agriculture Department of Plant Protection and Inspec­ Israel tion Israel Ισραήλ ( Únicamente para los híbridos de agrios conocidos por el nombre de Israel « Minneolas ») Israel (udelukkende til krydsninger af citrusfrugter, benævnt »Minneolas«) Israele . Israel ( Nur für Kreuzungen von Zitrusfrüchten , bekannt unter dem Namen Israel „Minneolas") (μόνο για τα υβρίδια εσπεριδοειδών γνωστά με την ονομασία «Minneolas») ( Only for Citrus fruit known as 'Minneolas') ( Uniquement pour les hybrides d'agrumes connus sous le nom de « Minneolas ») ( Solo per ibridi d'agrumi conosciuti sotto il nome di « Minneolas ») ( Uitsluitend voor kruisingen van citrusvruchten die bekend staan als „minneola's") ( Somente para os citrinos híbridos conhecidos pelo nome de « Minneolas »)

Chypre Ministry of Commerce and Industry Cypern Produce Inspection Service Zypern Κύπρου Cyprus Chypre Cipro Cyprus Chipre