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COUNCIL REGULATION ( EEC ) NO 3100/82

OF 8 NOVEMBER 1982

OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR DRIED GRAPES IN IMMEDIATE CONTAINERS OF A NET CAPACITY OF 15 KILOGRAMS OR LESS , FALLING WITHIN SUBHEADING 08.04 B I OF THE COMMON CUSTOMS TARIFF ( 1983 )

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 DRAFT REGULATION SUBMITTED BY THE COMMISSION ,

WHEREAS A COMMUNITY TARIFF QUOTA FOR DRIED GRAPES IN IMMEDIATE CONTAINERS OF A NET CAPACITY OF 15 KILOGRAMS OR LESS , FALLING WITHIN SUBHEADING 08.04 B I OF THE COMMON CUSTOMS TARIFF , SHOULD BE OPENED FOR 1983 AT A DUTY OF 2 % , THE VOLUME OF WHICH SHALL BE LIMITED TO 5 000 TONNES , TAKING INTO ACCOUNT THE EXISTENCE OF COMMUNITY PRODUCTION ;

WHEREAS , IN VIEW OF THE NEGLIGIBLE SIZE OF SUCH A QUOTA IN COMPARISON WITH THE COMMUNITY'S REQUIREMENTS , A SYSTEM OF UTILIZATION SHOULD , WITHOUT DEROGATING FROM THE COMMUNITY NATURE OF THE TARIFF QUOTA , BE PROVIDED , BASED ON A SINGLE ALLOCATION BETWEEN THE MEMBER STATES ; WHEREAS THIS ALLOCATION MAY BE CALCULATED PRO RATA ON THE BASIS OF THE IMPORT REQUIREMENTS , OF EACH MEMBER STATE , COMING FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT ; WHEREAS , IN ORDER TO SAFEGUARD THE COMMUNITY NATURE OF THE QUOTA , A SHARE SHOULD BE ALLOCATED TO GREECE BY LEVYING THE SAME QUANTITY ON THE VOLUME OF THE QUOTA ; WHEREAS , CALCULATED IN SUCH A MANNER , THIS ALLOCATION IS AS SET OUT IN ARTICLE 2 ;

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 MEASURE CONCERNING THE ADMINISTRATION OF THE QUOTAS ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 1983 , A COMMUNITY TARIFF QUOTA OF 5 000 TONNES SHALL BE OPENED FOR DRIED GRAPES IN IMMEDIATE CONTAINERS OF A NET CAPACITY OF 15 KILOGRAMS OR LESS , FALLING WITHIN SUBHEADING 08.04 B I OF THE COMMON CUSTOMS TARIFF .

2 . WITHIN THE LIMITS OF THIS TARIFF QUOTA , THE COMMON CUSTOMS TARIFF DUTY SHALL BE SUSPENDED AT THE LEVEL OF 2 % .

WITHIN THE LIMITS OF THIS TARIFF QUOTA , GREECE SHALL APPLY CUSTOMS DUTIES CALCULATED IN ACCORDANCE WITH THE RELEVANT PROVISIONS LAID DOWN IN THE 1979 ACT OF ACCESSION .

3 . IMPORTS OF THE PRODUCT IN QUESTION BENEFITING FROM THE SAME OR LOWER CUSTOMS DUTIES UNDER OTHER PREFERENTIAL ARRANGEMENTS SHALL NOT BE CHARGED AGAINST THIS TARIFF QUOTA .

ARTICLE 2

THE TARIFF QUOTA SET OUT IN ARTICLE 1 SHALL BE DIVIDED AMONG THE MEMBER STATES AS FOLLOWS :

* ( TONNES ) *

BENELUX*473*

DENMARK*200*

GERMANY*1 395*

GREECE*1*

FRANCE*341*

IRELAND*166*

ITALY*18*

UNITED KINGDOM*2 406*

ARTICLE 3

1 . MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT IMPORTERS OF THE PRODUCT IN QUESTION , ESTABLISHED IN THEIR TERRITORY HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS OF THE PRODUCT IN QUESTION ENTERED WITH THE CUSTOMS AUTHORITIES FOR FREE CIRCULATION .

ARTICLE 4

AT THE COMMISSION'S REQUEST , MEMBER STATES SHALL INFORM IT OF THE IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 5

MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1983 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 8 NOVEMBER 1982 .

FOR THE COUNCIL

THE PRESIDENT

H . CHRISTOPHERSEN