CELEX: 31974R3292
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3292/74 of the Council of 19 December 1974 opening, allocating and providing for the administration of a Community tariff quota for dried figs falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Spain

No L 353 /34                       Official Journal of the European Communities                            30 . 12 . 74
                              REGULATION (EEC) No 3292/74 OF THE COUNCIL
                                                 of 19 December 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for dried figs falling within subheading ex 08.03 B of the Common Customs Tariff,
                                                  originating in Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        allocation should be in proportion to the needs of
                                                                the Member States, assessed by reference to both the
Having regard to the Treaty establishing the                    statistics of each State's imports of the said goods
European Economic Community, and in particular                  from Spain over a representative period and the
Articles 43 and 113 thereof;                                   economic outlook for the quota period concerned ;
                                                               Whereas, during the past three years for which
Having regard to the proposal from the Commission ;            statistics are available, the corresponding imports by
                                                               each of the Member States represent the following
                                                               percentages of the imports into the Community from
Having regard to the Opinion of the European                    Spain of the products concerned :
Parliament;
                                                                                              1971    1972       1973
Whereas the Agreement between the European
Economic Community and Spain, signed at Luxem­
                                                                Germany                        —       —          —
bourg on 29 June 1970, provides in Article 2 ( 1 )
together with Article 9 of Annex I for the opening             Benelux                    100 = five   "          "
                                                                                            metric
by the Community of an annual Community tariff                                               tons
quota of 200 metric tons of dried figs falling within
subheading ex 08.03 B of the Common Customs                    France                          —       —          —
Tariff, originating in Spain and imported in                   Italy                           —       —          —
immediate packings of a net capacity of 15 kg or less ;
whereas, pursuant to Article 9 of the said Annex, the
quota duty is equal to 30% of the Common Customs               Whereas, in view of these factors and of the estimates
Tariff duty in respect of the product concerned ;              submitted by certain Member States as well as the
                                                               practical need to ensure that the obligations
                                                               contracted under the Agreement concerned are
Whereas the Community tariff quota in question                 allocated fairly among all the Member States , initial
should be opened for the year 1975 ; and whereas,              quota shares may be fixed approximately at the
however, because of the possibility of implementing             following percentages :
other preferential arrangements as a result of a new
Agreement between the European Economic Com­                             Germany                            25
munity and Spain, it is necessary to limit the quota                     Benelux                            25
period to the date on which the new Agreement
enters into force ;                                                      France                             25
                                                                         Italy                              25
Whereas it is in particular necessary to ensure to all         Whereas, in order to take into account import trends
Community importers equal and uninterrupted access             for the products concerned in the different Member
to the abovementioned quota and uninterrupted                  States, the quota amount should be divided into two
application of the rate laid down for that quota               tranches, the first tranche being allocated among the
to all imports of the product concerned into all               Member States, and the second forming a reserve
Member States until the quota has been used                    intended ultimately to cover the requirements of the
up ; whereas, having regard to the principles                  Member States which have used up their initial
mentioned above, the Community nature of the                   shares ; whereas, in order to ensure a certain degree
quota can be respected by allocating the Community             of security to importers in each Member State, the
tariff quota among the Member States ; whereas, in             first tranche of the Community quota should be
order to reflect more accurately the actual develop­           determined at a level which, under present circum­
ment of the market in the product concerned , such             stances, may be 80% of the quota amount ;
 ---pagebreak---  30. 12. 74                          Official Journal of the European Communities                              No L 353 /35
Whereas, the initial shares of the Member States may                     Germany                     40 metric tons,
be used up at different times ; whereas, in order to
                                                                         Benelux                     40 metric tons ,
take this fact into account and avoid any break in
 continuity, it is important that any Member State                       France                      40 metric tons,
 having used up almost the whole of its initial share
sfhould draw an additional share from the reserve ;                      Italy                       40 metric tons .
whereas, this must be done by each Member State
as and when each of its additional shares is almost             2 . The second tranche         of 40    metric   tons shall
entirely used up, and repeated as many times as the             constitute the reserve .
reserve allows ; whereas the initial and additional
shares must be available for use until the end of
                                                                                           Article 3
the quota period, whereas this method of admin­
 istration calls for close cooperation between Member
States and the Commission, which must, in particular,           1 . If 90% or more of the initial share of a Member
 be able to observe the extent to which the quota               State, as laid down in Article 2 ( 1 ), or 90% of that
amount is used and inform Member States thereof ;               share less the amount returned into reserve, where
                                                                the provisions of Article 5 have been applied, has
                                                                been exhausted, that Member State shall proceed
Whereas if, at a specified date in the quota period,            without delay, by notifying the Commission, to draw
a considerable balance remains in one or other
                                                                a second share equal to 15% of its initial share,
Member State it is essential that that Member State
                                                                rounded up to the next unit where appropriate, to
pays a large amount of it back into the reserve, in             the extent that the amount in the reserve allows .
order to avoid a part of the Community quotas
remaining unused in one Member State when it could
be used in others ;                                             2 . If, after its initial share has been exhausted, 90%
                                                                or more of the second share drawn by a Member
                                                                State has been used, that Member State shall proceed
Whereas, since the Kingdom of Belgium, the Kingdom              without delay, in accordance with the conditions laid
of the Netherlands and the Grand Duchy of Luxem­                down in paragraph 1 , to draw a third share equal to
bourg are united in and represented by the Benelux              7-5% of its initial share, rounded up to the next unit
Economic Union, all transactions concerning the                 where appropriate, to the extent that the amount in
administration of shares granted to the abovemen­               the reserve allows .
tioned Economic Union may be carried out by any
one of its members,                                             3 . If, after its second share has been exhausted, 90%
                                                                or more of the third share drawn by a Member State
                                                                has been used , that Member State shall proceed, in
                                                                the same way, to draw a fourth share equal to the
 HAS ADOPTED THIS REGULATION :
                                                                third .
                          Article 1                             This process shall be applied until the reserve is
                                                                exhausted .
From 1 January 1975 until the date of entry into                4 . Notwithstanding the provisions of paragraphs 1 ,
force of a new Agreement between the European                   2 and 3 , the Member States may proceed to draw
Economic Community and Spain but not later than                 shares smaller than those fixed in those paragraphs,
31 December 1975 , the Common Customs Tariff duty               if there is reason to believe that those shares might
in respect of dried figs falling within subheading              not be used up . They shall inform (the Commission
ex 08.03 B, originating in Spain and imported in                of the reasons which led them to apply this
immediate packings of a net capacity not exceeding              paragraph.
15 kg shall be partially suspended at 3% within the
limits of a Community tariff quota of 200 metric
tons .                                                                                    Article 4
                                                                The additional shares drawn pursuant to Article 3
                          Article 2                             shall be valid until the end of the period stipulated
                                                                in Article 1 .
1 . A first tranche, amounting to 160 metric tons of
the Community tariff quota referred to in Article 1 ,                                     Article 5
shall be shared among the Member States ; the
proportions which, subject to Article 5 , shall be valid
from 1 January until the end of the period specified           If, by 15 September 1975 , a Member State has not
in Article 1 , shall be as follows :                           used up its initial share, it shall , not later than
 ---pagebreak--- No L 353 / 36                        Official Journal of the European Communities                              30 . 12 . 74
10 October 1975 , return to the reserve the unused              drawn pursuant to Article 3 , it is possible for
portion of this share in excess of 20% of the initial           charges to be made without interruption against
amount. It may return a larger quantity if there is             their accumulated shares of the Community quota.
reason to believe that such quantity might not be
used .                                                          2. The Member States shall ensure that importers
                                                                of the said goods established in their territory have
The Member States shall, not later than 10 October              free access to the shares allocated to them .
1975, notify the Commission of the total imports of
the product concerned effected up to 15 September               3 . The Member States shall charge imports of the
1975 inclusive, and charged against the Community               product concerned against their shares as and when
quota and, where appropriate, the proportion of their           the goods are entered for home use.
initial share that is being returned to the reserve.
                                                                4 . The extent to which a Member State has used
                         Article 6                              up its share shall be determined on the basis of the
                                                                imports charged in accordance with paragraph 3 .
The Commission shall keep account of the shares
opened by Member States in accordance with
Articles 2 and 3 and shall inform each of them of                                        Article 8
the extent to which the reserve has been used as
soon as it receives the notifications .
                                                                Member States shall inform          the  Commission       at
                                                                regular intervals of imports actually charged against
The Commission shall, not later than 15 October                 their shares .
1975 , notify Member States of the amount in the
reserve after the return of shares pursuant to
Article 5 .
                                                                                         Article 9
The Commission shall ensure that any drawing
which uses up the reserve is limited to the balance             The Member       States    and   the   Commission    shall
available and, for this purpose, shall specify the              cooperate closely in order to ensure that this
amount thereof to the Member State which makes                  Regulation is observed .
the final drawing.
                                                                                         Article 10
                         Article 7
1 . The Member States shall take all appropriate                This    Regulation      shall   enter   into  force      on
measures to ensure that, when additional shares are             1 January 1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 19 December 1974.
                                                                                   For the Council
                                                                                     The President
                                                                                   J. P. FOURCADE