31987R4082
31 . 12 . 87 No L 382 / 2 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4082/87
of 21 December 1987 opening and providing for the administration of a Community tariff quota for table cherries, excluding Morello cherries, falling within codes 0809 20 10 and 0809 20 90 of the combined nomenclature and originating in Switzerland ( 1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES, numbers should be used for the description of the product covered by this Regulation ; Having regard to the Treaty establishing the European Whereas equal and continuous access to the quota Economic Community, and in particular Article 113 should be ensured for all Community importers and the thereof, rate laid down for the quota should be applied consis tently to all imports of the products in question into all Having regard to the Act of Accession of Spain and the Member States until the quota is exhausted ; whereas, Portugal, however, since the quota is to cover requirements which cannot be determined with sufficient accuracy, it should Having regard to the proposal from the Commission, not be allocated among the Member States, without prejudice to the drawing against the quota volume of such quantities as they may need, under conditions and Whereas an Agreement between the European Economic according to a procedure to be determined ; whereas this Community and the Swiss Confederation was concluded method of administration requires close cooperation on 22 July 1972 ; whereas, following the accession of between the Member States and the Commission and the Spain and Portugal to the Community, an Agreement in latter must in particular be able to monitor the rate at the form of an Exchange of Letters was concluded and which the quota is used up and inform the Member approved by Council Decision 86/559/EEC ('); States accordingly;
Whereas the Agreement in the form of an Exchange of Whereas, since the Kingdom of Belgium, the Kingdom Letters provides for the opening of a Community tariff of the Netherlands and the Grand Duchy of quota at zero duty for table cherries, excluding Morello Luxembourg are united within and jointly represented by cherries, originating in Switzerland ; whereas, therefore, the Benelux Economic Union, any operation concerning the tariff quota in question should be opened for the the administration of the quota shares allocated to that period 1 January to 31 December 1988 ; economic union may be carried out by any one of its members , Whereas the Community has adopted, with effect from 1 January 1988 , a combined nomenclature for goods HAS ADOPTED THIS REGULATION : which meets the requirements of the Common Customs Tariff and the external trade statistics of the Community and statistics of trade between Member States ; whereas , Article 1 in order to accommodate specific Community measures, this nomenclature has been expanded into an integrated 1 . From 1 January to 31 December 1988 the duty tariff of the European Communities (TARIC); whereas, applicable to imports of the following product shall be with effect from the abovementioned date, the combined suspended at the level indicated and within the limits of nomenclature and, where appropriate, the TARIC code a Community tariff quota as shown below :
Amount of tariff Rate of duty Order CN code Description quota (tonnes) ( % ) No
0809 20 10 1 000 0 09.0901 Table cherries excluding Morello cherries, orig 0809 20 90 inating in Switzerland
Within the limit of this tariff quota, the Kingdom of The Protocol on the definition of the concept of orig Spain and the Portuguese Republic shall apply customs inating products and on methods of administrative duties calculated in accordance with the relevant cooperation annexed to the Agreement between the provisions of the Act of Accession. European Economic Community and the Swiss Confederation shall apply.
(') OJ No L 328 , 22. 11 . 1986, p. 98 .
31 . 12 . 87 No L 382 / 3 Official Journal of the European Communities
2 . If an importer gives notification of imminent 3 . Member States shall charge imports of the said imports of the product in question into a Member State goods against their drawings as and when the goods are entered with the customs authorities . and applies to take advantage of the quota the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the 4 . The extent to which the quota has been used up extent that the available balance of the reserve so shall be determined on the basis of the imports charged permits. in accordance with paragraph 3 .
3 . The shares drawn pursuant to paragraph 2 shall be Article 3 valid until the end of the quota period. At the request of the Commission, Member States shall Article 2 inform it of imports actually charged against the quota. 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 1 (2) Article 4 enable imports to be charged without interruption Member States and the Commission shall collaborate against their accumulated shares of the Community closely in order to ensure that this Regulation is quota . complied with. 2 . Each Member State shall ensure that importers of the product concerned have free acces to the quota for Article 5 such time as the residual balance of the quota volume so permits . This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 21 December 1987 .
For the Council
The President
B. HAARDER