31 . 12 . 86 Official Journal of the European Communities No L 380 / 13
COUNCIL REGULATION (EEC) No 4113 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
sweet peppers falling within subheading 07.01 S of the Common Customs Tariff and
originating in Cyprus ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rates laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , in the present case , it seems
advisable not to allocate this quota among the Member
States without prejudice to the drawing against the quota
volume of such quantities as they may need , under the
conditions and according to the procedure specified in
Article 1 ( 2 ); whereas this method of management requires
close cooperation between the Member States and the
Commission and the latter must , in particular , be able to
monitor the rate at which the quota is used up and inform
the Member States thereof;
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 ,
Having regard to the proposal from the Commission ,
Whereas , in Regulation (EEC ) No 3700 / 83 ( J ), the
Community has established the arrangements applicable to
trade with Cyprus for 1984 ; whereas Article 2 of this
Regulation provides for the opening of an annual
Community tariff quota of 300 tonnes of sweet peppers ,
falling within subheading 07.01 S of the Common Customs
Tariff and originating in Cyprus , at a rate of customs duty
equal to 50 % of the customs duty in the Common
Customs Tariff;
HAS ADOPTED THIS REGULATION :
Whereas , pending the definition of arrangements applicable
beyond 31 December 1984 it is necessary to extend
provisionally for 1987 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned Regulation ; whereas the
abovementioned Community tariff quota should be opened
for the period 1 January to 31 December 1987 ;
Whereas , in the absence of a protocol such as that provided
for in Articles 179 and 366 of the Act of Accession of Spain
and Portugal , the Community must take the measures
referred to in Articles 180 and 367 of the said Act ; whereas
the tariff measure in question therefore applies to the
Community as constituted on 31 December 1985 ;
Article 1
1 . From 1 January to 31 December 1987 on the import
into the Community as constituted on 31 December 1985
the customs duty for the following products shall be
suspended at a level and within the limits of a Community
tariff quota as follows :
Order
No
CCT
heading No
Description
Quota volume
( in tonnes )
Quota duty
( % )
09.1409 07.01 S Sweet peppers , originating in Cyprus 300 4,5
2 . If an importer notifies an imminent importation of the
product in question in a Member State and requests the
benefit of the quota , the Member State concerned shall
inform the Commission and draw an amount
corresponding to these requirements to the extent that the
available balance of the reserve permits this .
(') OJ No L 369 , 30 . 12 . 1983 , p. 1 .
3 . The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period .
No L 380 / 14 Official Journal of the European Communities 31 . 12 . 86
Article 2
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 1 ( 2 ) are
carried out in such a way that imports may be charged
without interruption against their accumulated shares of
the Community quota .
2 . Each Member State shall ensure that importers of the
said goods have access to the quota so long as the residual
balance of the quota volume so permits .
3 . Member States shall charge imports of the said goods
against their drawings as and when the goods are entered
for free circulation .
4 . The extent to which the quota has been used up shall
be determined on the basis of the imports charged in
accordance with paragraph 3 .
Article 3
At the request of the Commission , Member States shall
inform it of imports actually charged against the quota .
Article 4
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is complied
with .
Article 5
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G. SHAW
Full & Egal Universal Law Academy