23. 3. 89 Official Journal of the European Communities No L 80/3 COUNCIL REGULATION. (EEC)No 728/89 of 20 March 1989 opening and providing for the administration of Community tariff quotas for carrots and aubergines (egg-plants) originating in Cyprus (1989) 1 THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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 Agreement establishing -an Association between the European Economic Community and the Republic of Cyprus, as supplemented by the Protocol laying down the conditions and procedures for the implementation. of the second stage of the said Agreement and .adapting certain provisions thereof (!), provides for the opening of two Community tariff quotas of : — 2500 tonnes for carrots falling within CN code ex 0706 10 00 from 1 April to 15 May, and — 300 tonnes for aubergines (egg-plants) falling within CN code ex 07093000 from 1 October to 30 November. originating~in Cyprus; Whereas, pursuant Article 18 of the Protocol in question, these volumes are -each year subject to an. increase from the entry into force of the Protocol and will therefore be 2750 and-330 tonnes respectively in 1989 ; whereas, within the limits of these tariff quotas, the customs duties applicable are to-be abolished progressively according to - the same timetables and under the same conditions as- laid down in Articles 5§ and 16 of the said Protocol; - Whereas, however, the Protocol to the Association Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (¥ lays down that those two Member States will -postpone, until 31 December 1989 and 31 December 1990 respectively, implementation of the preferential arrangements for the products -covered by Council Regulation (EEC) No 1035/72 0f 18 May 1972 on the common organization of the market in fruit and vegetables (%), as last amended by Regulation (EEC) No 2238/88 (¥); whereas, consequently, the tariff quotas mentioned above apply only to the Community as constituted on 31 December 1985; Whereas the Community tariff quotas should therefore be opened for the periods as shown in Article 1; Whereas. it is in particular necessary to ensure that all Community importers enjoy equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for those quotas to all imports of the products concerned into all Member States - until the quotas have been used up; whereas, in the present case, it would appear advisable not to allocate the quotas among the Member States, without prejudice to the drawing against the quota volumes of such quantities as they need, under the conditions and according to the procedures specified in Article 3 ; whereas this method of administration 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 quotas are used up and inform the Member States accordingly ; 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, all transactions concerning the administration of quota. shares levied by that economic union may be carried out by any of its members, HAS ADOPTED THIS REGULATION : Article 1 The customs duties applicable to imports into the Community as constituted at 31 December 1985 of the following products originating in Cyprus shall - be suspended during the periods, at the levels and within the limits_of the Community tariff quotas as shown below for each one: Amount Order No CN code Description - of quota Quots duty (in tonnes) %) 09.1403 ex 0706 1000 | Carrots from 1 April to 15 May 1989 2750 55 09.1405 ex 0709 30 00 | Aubergines (egg-plants) from 1 October to 30 November 1989 330 5.2 () OJ No L 393, 31. 12. 1987, p. 2. () OJ No L 393, 31. 12. 1987, p. 37. ¢) OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 198, 26. 7. 1988, p. 1.