CELEX: 31985R3132
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3132/85 of 22 October 1985 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 and originating in Spain (1986)

No L 304 / 8                             Official Journal of the European Communities                                     16 . 11 . 85
                                         COUNCIL REGULATION ( EEC) No 3132 / 85
                                                        of 22 October 1985
               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 and originating in Spain
                                                               ( 1986
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                 Member State            1982      1983        1984
                                                                      Benelux                              9               l
                                                                      Denmark                             —          —          —
Having regard to the Treaty establishing the European                 Germany                             91         15         89
                                                                      Greece
Economic Community, and in particular Article 113
                                                                                                          —         —           —
                                                                      France                              —         —           —
thereof,                                                              Ireland                             —         —           —
                                                                      Italy                               —         —           —
                                                                      United Kingdom                      —
                                                                                                                    85          11
Having regard to the proposal from the Commission ,
Whereas an Agreement between the European Economic                    Whereas , in view of these factors and of the estimates
Community and Spain was concluded on 29 June                          submitted by certain Member States as well as the practical
1970 ( M ;                                                            need to ensure that the obligations contracted under the
                                                                      Agreement concerned are allocated fairly among the
                                                                      Member States , initial quota shares may be fixed
Whereas the Community committed itself, under this                    approximately at the following percentages :
Agreement, to opening an annual Community tariff quota
of 200 tonnes of dried figs falling within subheading ex
08.03 B of the Common Customs Tariff, originating in                          Benelux                                      6,7
Spain and imported in immediate packings of a net capacity                    Denmark                                      6,7
of 15 kilograms or less ; whereas the applicable quota duty                   Germany                                    46,7
is fixed at 30% of the Common Customs Tariff duty ;                           Greece                                       0,7
whereas this Community tariff quota should be opened for                      France                                     20,0
1986 ;                                                                        Ireland                                      3,3
                                                                              Italy                                        3,3
                                                                              United Kingdom                              12,6
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rates laid down for that quota to all imports of the           Whereas , in order to take into account import trends for
products concerned into all Member States until the quota             the products concerned in the various Member States , the
has been used up ; whereas , having regard to the above               quota amount should be divided into two instalments , the
principles , the Community nature of the quota can be                 first being shared among the Member States which have
respected by allocating the Community tariff quota among              used up their initial quota shares ; whereas , in order to give
the Member States ; whereas, in order to reflect as                   importers in each Member State a certain degree of
accurately as possible the true trend of the market in the            security , the first instalment of the Community quota
products in question , such allocation should be in                   should under the circumstances be fixed at 75% of the
proportion to the requirements of the Member States ,                 quota volume ;
calculated by reference to the statistics for imports from
Spain over a representative reference period and also to the
economic outlook for the quota period in question ;
                                                                      Whereas the Member States initial shares may be used up
                                                                      at different times ; whereas , in order to take this fact into
Whereas , during the last three years for which statistics are        account and avoid any break in continuity , any Member
available, the corresponding imports by each of the                   State which has almost used up its initial quota share
Member States represent the following percentages of the              should draw an additional share from the reserve ; whereas
imports into the Community from Spain of the products in              this must be done by each Member State as and when each
question:                                                             of its additional shares is almost used up , and repeated as
                                                                      many times as the reserve allows ; whereas the initial and
                                                                      additional shares must be valid until the end of the quota
                                                                      period ; whereas this method of administration requires
0 ) OJ No L 182 , 16 . 8 . 1970 , p. 1 .                              close cooperation between the Member States and the
 ---pagebreak---  16 . 11 . 85                             Official Journal of the European Communities                                   No L 304 / 9
Commission , and the latter must be in a position to                 portion returned to the reserve where Article 5 has been
monitor, the extent to which the quota volume has been               applied , has been used up , then , to the extent permitted by
used up and to inform the Member States thereof;                     the amount of the reserve , that Member State shall
                                                                     forthwith , by notifying the Commission , draw a second
                                                                     share equal to 15% of its initial share , rounded up where
Whereas if, at a given date in the quota period , a                  necessary to the next unit .
substantial quantity remains unused in any Member State ,
it is essential that that Memeber State should return a
significant proportion to the reserve to prevent a part of           2 . If, after its initial share has been used up , 90 % or more
any tariff quota from remaining unused in one Member                 of the second share drawn by a Member State has been
State when it could be used in others ;                              used up , then that Member State shall , in accordance with
                                                                     the conditions laid down in paragraph 1 , draw a third
Whereas , since the Kingdom of Belgium , the Kingdom of              share equal to 7,5% of its initial share , rounded up where
the Netherlands and the Grand Duchy of Luxembourg are                necessary to the next unit .
united within and jointly represented by the Benelux
Economic Union , any operation relating to the                       3 . If, after its second share has been used up , 90% or
administration of the quota shares allocated to that                 more of the third share drawn by a Member State has been
economic union may be carried out by any of its                      used up , that Member State shall , in accordance with the
members ,                                                            conditions laid down in paragraph 1 , draw a fourth share
                                                                     equal to the third .
HAS ADOPTED THIS REGULATION :
                                                                     This process shall continue until the reserve is used up .
                             Article 1                               4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                     Member State may draw shares smaller than those fixed in
                                                                     those paragraphs if there are grounds for believing that
From 1 January to 31 December 1986 the Common                        they might not be used up . It shall inform the Commission
Customs Tariff duty in respect of dried figs falling within          of its reasons for applying this paragraph .
subheading ex 08.03 B , originating in Spain and imported
in immediate packings of a net capacity not exceeding
15 kilograms shall be partially suspended at 3 % within the
limits of a Community tariff quota of 200 tonnes .                                                Article 4
                                                                     The additional shares drawn pursuant to Article 3 shall be
                            Article 2                                valid until 31 December 1986 .
1 . A first instalment amounting to 150 tonnes of the
Community tariff quota referred to in Article 1 shall be                                           Article 5
shared among the Member States; the respective shares
which , subject to Article 5 , shall be valid until
31 December 1986 shall be as follows :                               The Member States shall return to the reserve , not later
                                                                     than 1 October 1986 such unused portion of their initial
                                                    (tonnes)         shares as , on 15 September 1986 , is in excess of 20% of
                                                                     the initial volume . They may return a larger quantity if
         Benelux                                       10
                                                                     there are grounds for believing that this quantity may not
         Denmark                                       10
                                                                     be used .
         Germany                                       70
         Greece                                         1
         France                                        30            The Member States shall notify the Commission , not later
         Ireland                                        5            than 1 October 1986 , of total quantities of the products in
         Italy                                          5            question imported up to 15 September 1986 and charged
         United Kingdom                                19            against the tariff quota and of any quantity of the initial
                                                                     shares returned to the reserve .
2.    The second instalment of 50 tonnes shall constitute the
reserve .
                                                                                                  Article 6
                             Article 3
                                                                     The Commission shall keep an account of the shares
                                                                     opened by the Member States pursuant to Articles 2 and 3
1.    If 90% or more of a Member State's initial share as            and , as soon as it is notified , shall inform each Member
specified in Article 2 ( 1 ), or 90 % of that share minus the        State of the extent to which the reserve has been used up .
 ---pagebreak---  No L 304 / 10                           Official Journal of the European Communities                                16 . 11 . 85
It shall inform the Member States , not later than 5 October        products are entered with customs authorities for free
1986 , of the amount in the reserve after quantities have           circulation .
been returned thereto pursuant to Article 5 .
                                                                    4 . The extent to which a Member State has used up its
It shall ensure that the drawing which exhausts any reserve         share shall be determined on the basis of the imports
does not exceed the balance available and , to this end ,           charged in accordance with paragraph 3 .
notify the amount of that balance to the Member State
making the last drawing .
                                                                                               Article 8
                                                                    At the Commission's request , the Member States shall
                           Article 7                                inform it of imports actually charged against their shares .
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged                                           Article 9
without interruption against their accumulated shares of
the Community tariff quota .                                        The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
                                                                                              Article 10
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the             This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Luxembourg , 22 October 1985 .
                                                                                        For the Council
                                                                                          The President
                                                                                            J. F. POOS