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COUNCIL REGULATION ( EEC ) NO 3213/80

OF 8 DECEMBER 1980

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 ( 1981 )

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 1981 AT A DUTY OF 1.2 % THE VOLUME OF WHICH SHALL BE LIMITED TO 15 % OF COMMUNITY IMPORTS IN 1973 FROM THIRD COUNTRIES NOT ASSOCIATED WITH THE COMMUNITY OR LINKED TO IT BY A PREFERENTIAL AGREEMENT ; WHEREAS , ON THIS BASIS , THE VOLUME OF THE QUOTA IS FIXED AT 8 373 TONNES ;

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 CAN BE CALCULATED BY THE SAME METHOD AS THAT USED FOR ESTABLISHING THE TOTAL QUOTA , SO AS TO GIVE 15 % OF THE IMPORTS OF EACH MEMBER STATE FROM THESE SAME THIRD COUNTRIES ; WHEREAS , IN ORDER TO SAFEGUARD THE COMMUNITY NATURE OF THE QUOTA , A SHARE SHOULD BE ALLOCATED TO GREECE BY LEVYING THE SAME PERCENTAGE ON THE SHARE ALLOCATED TO EACH OF THE OTHER MEMBER STATES ; WHEREAS , CALCULATED IN SUCH A MANNER , THIS ALLOCATION SHOULD BE 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 1981 A COMMUNITY TARIFF QUOTA OF 8 373 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 1.2 % .

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

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 ) BENELUX790 DENMARK334 GERMANY2 334

GREECE7 FRANCE571 IRELAND279 ITALY30 UNITED KINGDOM4 028 ARTICLE 3

1 . MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT IMPORTERS OF THE PRODUCTS 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 HOME USE .

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 1981 .

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

DONE AT BRUSSELS , 8 DECEMBER 1980 .

FOR THE COUNCIL

THE PRESIDENT

C . NEY