No L 373/46 Official Journal of the European Communities 31.12. 88 COUNCIL REGULATION (EEC) No 4247/88 of 21 December 1988 opening and providing for the administration of a Community tariff quota for boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof, Having regard to the proposal from the Commission, Whereas the Community currently depends on imports from third countries for its supplies of boysenberries; whereas it is in the Community’s interest to suspend partially the customs duty on the products in question within the limits of a Community tariff quota of an appropriate volume; whereas, in order not to harm the prospects for increasing fruit production within the Community, while at the same time making adequate supplies available to user industries, the tariff quota should be limited to 1 500 tonnes and opened for the period 1 January to 31 December 1989 at a duty of 15 %; Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted; whereas, however, the quota should not in this case be allocated 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 laid down in Article 2 (1); 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 quota is used and inform the Member States accordingly; Whereas if, during the quota period, the tariff quota is almost totally used up, it is indispensable that Member States return to this quota the entirety of the drawings made which have not been used, in order to avoid one part of the Community tariff quota 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 concerning the administration of the quota share levied by that economic union may be carried out by any one of its members, HAS ADOPTED THIS REGULATION: Article 1 1.  From 1 January to 31 December 1989 the customs duty applicable to imports of the following product shall be suspended at the level indicated and within the limits of a Community tariff quota as shown below: Order No CN code Description VOI“(':‘:ngi;:)IUO‘a Rate(gnf)duty 09.2729 ex 0811 90 90 Boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries 1 500 15 2.  Within the limits of this tariff quota the Kingdom of Article 2 Spain and the Portuguese Republic shall apply duties ) ) o o ) calculated in accordance with the relevant provision of the 1. If an importer gives notification of imminent imports Act of Accession. 3.  Checks that the products are used for the prescribed specific purpose shall be carried out in accordance with the relevant Community provisions. of the product in question into a Member State and appliesto . take advantage of the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the quota so permits.