31 . 12 . 86 Official Journal of the European Communities No L 380 / 47
COUNCIL REGULATION (EEC) No 4125 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain dried grapes , falling within subheading No 08.04 B I of the Common Customs Tariff
and originating in Cyprus ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , referred to in Articles 180 and 367 of the said Act ; whereas
the tariff measure in question therefore applies to the
Community of Ten ;
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 the Supplementary Protocol to the Agreement
establishing an Association between the European
Economic Community and Cyprus (') came to an end on
31 December 1980; whereas , to avoid interruption of its
trade relations with that country , the Community has made
applicable , for 1984 , the provisions of the abovementioned
Protocol in Council Regulation (EEC) No 3700 / 83 of 22
December 1983 laying down the arrangements applicable
to trade with Cyprus ( 2 );
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 Protocol ;
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 the jointly represented by the Benelux
Economic Union , all transactions concerning the
administration of shares allocated to that economic union
may be carried out by any of its members ,
HAS ADOPTED THIS REGULATION :
Whereas the abovementioned Protocol provides for the
opening of an annual duty-free Community tariff quota of
500 tonnes of certain dried grapes falling within
subheading 08.04 B I of the Common Customs Tariff and
originating in Cyprus ; whereas this Community tariff
quota should be opened for the period 1 January to
31 December 1987 ; Article 1
1 . From 1 January to 31 December 1987 , on import into
the Community of Ten , the duty for the following products
shall be totally suspended within the limits of a Community
tariff quota as follows :
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
Order
No
CCT
heading
No
Description
Quota volume
( in tonnes )
Quota
duty
( % )
09.1413 08.04 B I Dried grapes , in immediate containers of a net capacity of
15 kg or less and originating in Cyprus 500 free
(») OJ No L 172 , 28 . 6 . 1978 , p . 2 .
( 2 ) OJ No L 369 , 30 . 12 . 1983 , p . 1 .
No L .380 / 48 Official Journal of the European Communities 31 . 12 . 86
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 extend that the
available balance of the reserve permits this .
3 . The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period .
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