CELEX: 31974R0360
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 360/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for dried figs falling within subheading No ex 08.03 B of the Common Customs Tariff, originating in Spain

No L 48/50                          Official Journal of the European Communities                               20 . 2 . 74
                                REGULATION (EEC) No 360/74 OF THE COUNCIL
                                                   of 4^February 1974
               opening, allocating and providing for the administration of a Community tariff quota
               for dried figs falling within subheading No ex 08.03 B of the Common Customs Tariff,
                                                   originating in Spain
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      Whereas, during the past three years for which
                                                                 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 Treaty establishing the European          Spain of the products concerned :
  Economic Community, and in particular Articles 43
  and 113j:hereof ;
                                                                                               1970     1971       1972
  Having regard to the proposal from the Commission ;
                                                                 Germany                        —        —          —
                                                                 Benelux                        30       100
 Having regard to the Opinion of the European                                                         (= 5 mt)
  Parliament ;
                                                                 France                         70       —          —
                                                                 Italy                          —        —          —
  Whereas the Agreement between the European Econo­
  mic Community and Spain, signed ^at Luxembourg
 on 29 June 1970, provides in Article 2 (1) together with
 Article 9 of Annex I for the opening by the Community           Whereas, in view of these factors and of the estimates
 of an annual Community tariff quota of 200 metric               submitted by certain Member States as well as the
 tons of dried figs falling within subheading No ex              practical need to ensure that the obligations contracted
 08.03 B of the Common Customs Tariff, originating               under the Agreement concerned are allocated fairly
 in Spain and imported in immediate packings of a                among all the Member States, initial quota shares
 net capacity of 15 kg or less ; whereas, pursuant to            may be fixed approximately at the following percen­
 Article 9_of the said Annex, the quota duty is equal           tages :
 to 30% of the Common Customs Tariff duty in
respect of the product concerned ;                                            Germany                       10
                                                                              Benelux                      30
Whereas it is in particular necessary to ensure to all
 Community importers equal and uninterrupted access                           France                       50
to the abovementioned quota and uninterrupted                                 Italy                         10
application of the rate laid down for that quota to all
imports of the product concerned into all Member
States until the quota has been used up ; whereas,              Whereas, in order to take into account import trends
having regard to the principles mentioned above,                for the products concerned in the different Member
the Community nature of the quota can be respected              States, the quota amount should be divided into two
by allocating the Community tariff quota among the              tranches, the first tranche being allocated among the
Member States ; whereas, in order to reflect more               Member States, and the second forming a reserve
accurately the actual development of the market in              intended ultimately to cover the requirements of the
the product concerned, such allocation should be in             Member States which have used up their initial
proportion to the needs of the Member States, assessed          shares ; whereas, in order to ensure a certain degree
by reference to both the statistics of each State's             of security to importers in each Member State, the
imports of the said goods from Spain over a represen­           first tranche of the Community quota should be
tative period and the economic outlook for the quota            determined at a level which, under present circum­
period concerned ;                                              stances, may be 80% of the quota amount ;
 ---pagebreak---  20 . 2 . 74                        Official Journal of the European Communities                              No L 48 /51
"Whereas, the initial shares of the Member States may          2. The second tranche of 40 metric tons shall consti­
be used up at different times ; whereas, in order to           tute the reserve.
take this fact into account and avoid any break in
continuity, it is important that any Member State
having used up almost the whole of its initial share                                     Article 3
should draw an additional share from the reserve ;
whereas, this must be done by each Member State as             1 . If 90% or more of the initial share of a Member
and when each of its additional shares is almost               State, as laid down in Article 2 ( 1), or 90% of that
entirely used up, and repeated as many times as the            share less the amount returned into the reserve,
reserve allows ; whereas the initial and additional            where the provisions of Article 5 have been applied,
shares must be available for use until the end of the          has been exhausted, that Member State shall proceed
quota period ; whereas this method of administration           without delay, by notifying the Commission, to
calls for close cooperation between Member States              draw a second share equal to 15% of its initial
and the Commission, which must, in particular, be              share, rounded up to the next unit where appropriate,
able to observe the extent to which the quota amount           to the extent that the amount in the reserve allows .
is used and inform Member States thereof ;
                                                               2. If, after its initial share has been exhausted, 90%
Whereas if, at a specified date in the quota period, a         or more of the second share drawn by a Member
considerable balance remains in one or other Member
                                                               State has been used, that Member State shall proceed
State it is essential that that Member State pays a            without delay, in accordance with the conditions laid
large amount of it back into the reserve, in order to          down in paragraph 1 , to draw a third share equal to
avoid a part of the Community quotas remaining                 7-5 % of its initial share, rounded up to the next unit
unused in one Member State when it could be used
                                                               where appropriate, to the extent that the amount in
in others ;                                                    the reserve allows .
Whereas, since the Kingdom of Belgium, the Kingdom
of the Netherlands and the Grand Duchy of Luxem­               3. If, after its second share has been exhausted, 90%
bourg are united in and represented by the Benelux             or more of the third share drawn by a Member State
Economic Union, all transactions concerning the                has been used, that Member State shall proceed, in the
administration of shares granted to the abovementioned         same way, to draw a fourth share equal to the third.
Economic Union may be carried out by any one of
its members,                                                   This process shall be applied until the reserve is ex­
                                                               hausted.
HAS ADOPTED THIS REGULATION :                                  4. Notwithstanding the provisions~of paragraphs 1 ,
                                                               2 andJS, the^Member States may proceed to draw
                                                               shares smallerj:han those^fixed in those paragraphs,
                        Article 1                              if there is reason to believe that those shares might not
                                                               be used up. They shall inform the Commission of the
Until 31 December 1974, the Common Customs                     reasons which led them to apply this paragraph.
Tariff duty in respect of dried figs falling within
subheading No ex 08.03 B, originating in Spain and
imported in immediate packings of a net capacity                                         Article 4
not exceeding 15 kg shall be partially suspended at
3 % within the limits of a Community tariff quota of           The additional shares drawn pursuant to Article 3
200 metric tons .
                                                               shall be valid until 31 December 1974.
                        Article 2
                                                                                         Article 5
 1 . A first tranche, amounting to 160 metric tons of
the Community tariff quota referred to in Article 1 ,          If, by 15 September 1974, a Member State has not used
shall be shared among the Member States ; the                  up its initial share, it shall, not later than 10 October
proportions which, subject to Article 5, shall be              1974, return to the reserve the unused portion of this
valid from 1 January until 31 December 1974 shall              share in excees of 20% of the initial amount. It may
consist of the following amounts :                             return a larger quantity if there is reason to believe
                                                               that such quantity might not be used.
              Germany                     16
              Benelux                     48
                                                               The Member States shall, not later than 10 October
              France                      80                   1974, notify the Commission of the total imports of the
              Italy                       16                   product concerned effected up to 15 September 1974
 ---pagebreak--- No L 48/52                          Official Journal of the European Communities                                20 . 2 . 74
inclusive, and charged against the Community quota             2. The Member States shall ensure that importers of
and, where appropriate, the proportion of their initial        the said goods established in their territory have free
share that is being returned to the reserve.                   access to the shares allocated to them .
                                                               3 . The Member States shall charge imports of the
                        Article 6                              product concerned against their shares as and when
                                                               the goods are entered for home use.
The Commission shall keep account of the shares                4. The extent to which a Member State has used up
opened by Member States in accordance with Articles            its share shall be determined on the basis of the imports
2 and 3 and shall inform each of them of the extent            charged in accordance with paragraph 3 .
to which the reserve has been used as soon as it
receives the notifications .
                                                                                        Article 8
The Commission shall, not later than 15 October 1974,
notify Member States of the amount in the reserve              Member States shall inform the Commission at regular
after the return of shares pursuant to Article 5.              intervals of imports actually charged against their
                                                               shares .
The Commission shall ensure that any drawing which                                      Article 9
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof        The Member        States and    the  Commission       shall
of the Member State which makes the final drawing.             cooperate closely in order to ensure that this Regu­
                                                               lation is observed .
                        Article 7                                                      Article 10
                                                               The tariff quota laid down in this Regulation shall be
1 . The Member States shall take all appropriate mea­          opened for 1974.
sures to ensure that, when additional shares are drawn
pursuant to Article 3, it is possible for charges to be        This Regulation shall enter into force three days
made without interruption against their accumulated            following its publication in the Official Journal of the
shares of the Community quota.                                 European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 February 1974.
                                                                                   For the Council
                                                                                     The President
                                                                                     W. SCHEEL