31 . 12 . 86 Official Journal of the European Communities No L 374 / 1
I
(Acts whose publication is obligatory)
COUNCIL REGULATION (EEC ) No 4007 / 86
of 16 December 1986
opening , allocating and providing for the administration of a Community tariff quota for apricot
pulp falling within subheading ex 20.06 B II c ) 1 aa ) of the Common Customs Tariff and
originating in Morocco ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , respected by allocating the Community tariff quota among
the Member States ; whereas , in order to reflect as
accurately as possible 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 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,
Having regard to the proposal from the Commission ,
Whereas , during the last three years for which statistics are
available , the corresponding imports of each Member State
represent the following percentages of imports into the
Community from Morocco of the product in question :
Whereas , the Cooperation Agreement between the
European Economic Community and the Kingdom of
Morocco ( J ), signed on 27 April 1976 , provides for the
opening by the Community of an annual Community tariff
quota of 8 250 tonnes of apricot pulp falling within
subheading ex 20.06 B II c ) 1 aa ) of the Common Customs
Tariff and originating in Morocco ; whereas the customs
duties applicable to the quota are equal to 70 % of the
customs duties actually applied to non-member countries ;
whereas the Community tariff quota in question should
therefore be opened for 1987 ;
Member State 1983 1984 1985
Benelux 1 2 6
Denmark — — —
Germany — — —
Greece — — —
France 97 98 94
Ireland — — —
Italv — — —
United Kingdom 2 — —
Whereas , since a Protocol as provided for in Articles 179
and 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 constituted on 31 December 1985 ;
Whereas both these percentages and the estimates from
certain Member States should be taken into account as well
as the need to ensure that , in the circumstances , the
obligations contracted under the Agreement concerned are
allocated fairly among all the Member States ; whereas the
approximate percentages of the initial quota shares may
therefore be fixed as follows :
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
5,5
1,3
6,5
0,3
75,7
1,3
1,3
8,1(>) OJ No L 264 , 27 . 9 . 1978 , p. 1 .
No L 374 / 2 Official Journal of the European Communities 31 . 12 . 86
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota amount should be divided into two instalments , the
first being shared among the Member States and the second
constituting a reserve to cover at a later date the
requirements of the Member States which have used up
their initial quota shares ; whereas , in order to give
importers in each Member State a certain degree of
security , the first instalment of the Community quota
should under the circumstances be fixed at 55 % of the
quota volume ;
Whereas if, at a given date in the quota period , a
substantial quantity remains unused in any Member State ,
it is essential that that Member State should return a
significant proportion to the reserve to prevent a part of
any tariff quota from remaining unused in one Member
State when it could be used in others ;
Whereas , since the Kingdom of Belgium, the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux
Economic Union , any operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
HAS ADOPTED THIS REGULATION :
Whereas the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share
should draw an additional share from the reserve ; whereas
this must be done by each Member State as and when each
of its additional shares is almost used up , and repeated as
many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; 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;
Article 1
From 1 January to 31 December 1987 , the customs duty
applicable in the Community , as constituted on
31 December 1985 , on the following products , shall be
suspended at the level and within the limits of a
Community tariff quota as shown herewith :
Order No CCT heading
No Description
Amount of
tariff quota
( tonnes )
Tariff quota
duty
( % )
09.1105 ex 20.06 B II c ) 1 aa ) Apricot pulp originating in Morocco 8 250 11,9
Article 2
1 . A first instalment amounting to 3 700 tonnes of the
Community tariff quota referred to in Article 1 shall be
allocated among the Member States ; the shares which ,
subject to Article 5 , shall be valid until 31 December 1987
shall be as follows :
portion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by
the amount of the reserve , that Member State shall
forthwith , by notifying the Commission , draw a second
share equal to 15 % of its initial share , rounded up where
necessary to the next unit .
2 . If, after its initial share has been used up , 90 % or
more of the second share drawn by a Member State has
been used up , then that Member State shall , in accordance
with the conditions laid down in paragraph 1 , draw a third
share equal to 7,5 % of its initial share .
(tonnes)
Benelux 200
Denmark 50
Germany 240
Greece 10
France 2 800
Ireland 50
Italy 50
United Kingdom 300 3 . If, after its second share has been used up , 90 % or
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
2 . The second instalment amounting to 4 550 tonnes shall
constitute the reserve .
This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the
31 . 12 . 86 Official Journal of the European Communities No L 374 / 3
those paragraphs if there are grounds for believing that
they might not be used up . It shall inform the Commission
of its reasons for applying this paragraph .
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
Article 5
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
shares as , on 15 September 1987 , is in excess of 20 % of
the initial 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
than 1 October 1987 , of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
notify the amount of that balance to the Member State
making the last drawing .
Article 7
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with customs authorities for free
circulation .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
Article 8
At the Commission's request , the Member States shall
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 10
This Regulation shall enter into force on 1 January 1987 .
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and , as 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
1987 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
Full & Egal Universal Law Academy