CELEX: 31978R1433
Language: en
Date: 1978-06-26 00:00:00
Title: Council Regulation (EEC) No 1433/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, originating in Cyprus

No L 172/20                          Official Journal of the European Communities                                28 . 6 . 78
                                    COUNCIL REGULATION (EEC) No 1433 /78
                                                     of 26 June 1978
              opening, allocating and providing for the administration of a Community tariff quota for
              certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff,
                                                  originating in Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        stances, the quota volumes should be allocated in initial
                                                                shares, taking into account demand for these products
                                                                on the markets of the various Member States ;
Having regard to the Treaty establishing the European           Whereas, in order to take into account import trends
Economic Community, and in particular Article 113               for the products concerned in the different Member
thereof,                                                        States, the quota amount should be divided into two
                                                                tranches, the first tranche being allocated among the
                                                                Member States and the second forming a reserve in­
Having regard to the proposal from the Commission,              tended ultimately to cover the requirements of the
                                                                Member States which have used up their initial quota
                                                                shares ; whereas, in order to ensure a certain degree of
                                                                security to importers in each Member State, the first
Whereas a Supplementary Protocol to the Agreement               tranche of the Community quota should be determined
establishing an Association between the European                at a level which, under present circumstances, may be
Economic Community and the Republic of Cyprus was               90% of the quota amount;
signed on 11 May 1978 ; whereas this Protocol is to
enter into force on 1 July 1978 ; whereas Article 4 of
this Protocol provides for the opening of an annual             Whereas the initial shares of the Member States may be
duty-free Community tariff quota of 500 tonnes of cer­          used up at different times ; whereas, in order to take this
tain dried grapes falling within subheading 08.04 B I of        fact into account and avoid any break in continuity, it is
the Common Customs Tariff, originating in Cyprus ;              important that any Member State having used up
whereas the pro rata temporis clause is applicable ;             almost the whole of its initial shares should draw an
whereas under these circumstances it is necessary to             additional share from the reserve; whereas this must be
open a Community tariff quota of 250 tonnes for the             done by each Member State as and when each of its
period 1 July to 31 December 1978 ;                             additional shares is almost entirely used up, and re­
                                                                peated as many times as the reserve allows ; whereas the
                                                                initial and additional shares must be available for use
Whereas it is in particular necessary to ensure for all         until the end of the quota period; whereas this method
Community importers equal and uninterrupted access              of administration calls for close cooperation between
                                                                Member States and the Commission, which must, in
to the abovementioned quota and uninterrupted appli­
cation of the rates laid down for that quota to all im­         particular, be able to observe the extent to which the
ports of the products concerned into all Member States          quota amount is used and inform Member States
                                                                thereof;
until the quota has been used up ; whereas, having re­
gard to the principles mentioned above, the Community
nature of the quota can be respected by allocating the
Community tariff quota among the Member States ;                Whereas, if at a specified date in the quota period, a
whereas , in order to reflect more accurately the actual        considerable balance remains in one or other Member
development of the market in the products concerned,            State it is essential that that Member State pays a large
such allocation should be in proportion to the needs of         amount of it back into the reserve, in order to avoid a
the Member States, assessed by reference to both the            part of the Community quota remaining unused in one
statistics of each State's imports of the said products         Member State when it could be used in others;
from Cyprus over a representative period and the
economic outlook for the quota period concerned ;
                                                                 Whereas since the Kingdom of Belgium, the Kingdom of
                                                                 the Netherlands and the Grand Duchy of Luxembourg
Whfereas, however, neither Community nor national                are united within and jointly represented by the
statistics showing the breakdown for the products in            Benelux Economic Union all transactions concerning
question are available and no reliable estimates of fu­          the administration of shares allocated to that economic
ture imports can be made; whereas, in these circum­              union may be carried out by any one of its members,
 ---pagebreak--- 28 . 6 . 78                                Official Journal of the European Communities                           No L 172/21
HAS ADOPTED THIS REGULATION :                                        equal to 7-5% of its initial share, rounded up to the
                                                                     next unit where appropriate, to the extent that the
                                                                     amount in the reserve allows.
                            Article 1
                                                                     3 . If, after its second share has been exhausted, 90 %
From 1 July to 31 December 1978 , the Common                         or more of the third share drawn by a Member State
Customs Tariff duty for the following products
                                                                     has been used, that Member State shall proceed, in the
originating in Cyprus shall be totally suspended within              same way, to draw a fourth share equal to the third.
the limits of a Community tariff quota of 250 tonnes .
                                                                     This process shall be applied until the reserve is ex­
       CCT                                                           hausted.
      heading                       Description
        No
                                                                     4 . Notwithstanding the provisions of paragraphs 1 , 2
                                                                     and 3 , the Member States may proceed to draw shares
     08.04         Grapes, fresh or dried :
                                                                     smaller than those fixed in those paragraphs if there is
                   B. Dried :                                        reason to believe that they might not be used up. They
                         I. In immediate containers of a net         shall inform the Commission of the reasons which led
                            capacity of 15 kilograms or less         them to apply this paragraph.
                                                                                              Article 4
                            Article 2
                                                                     The additional shares drawn pursuant to Article 3 shall
                                                                     be valid until 31 December 1978 .
 1 . The Community tariff quota referred to in Article 1
shall be divided into two tranches .
                                                                                              Article 5
2 . The first tranche, amounting to 225 tonnes, shall be
shared among the Member States ; the proportions
                                                                     Member States shall return to the reserve, not later than
which, subject to Article 5 , shall be valid until 31
December 1978 , shall be as follows :                                15 November 1978 , the unused portion of their initial
                                                                     share which, on 1 November 1978 , is in excess of 20%
          Benelux                               10 tonnes            of the initial amount. They may return a larger portion
          Denmark                               10 tonnes            if there are grounds for believing that such portion may
          Germany                               20 tonnes            not be used in full.
          France                                10 tonnes
          Ireland                               10 tonnes            Each Member State shall, not later than 15 November
          Italy                                  2 tonnes             1978 , notify the Commission of the total imports of the
          United Kingdom                      163 tonnes             products concerned effected up to 1 November 1978
                                                                     inclusive, and charged against the Community quota
3 . The second tranche of 25 tonnes shall constitute the             and, where appropriate, the proportion of its initial
reserve .                                                            share that is being returned to the reserve.
                            Article 3
                                                                                              Article 6
1 . If 90% or more of the initial share of a Member
State, as laid down in Article 2 (2 ), or 90% of that                The Commission shall keep account of the shares
share less the amount returned into the reserve, where                opened by Member States in accordance with Articles 2
the provisions of Article 5 have been applied, has been               and 3 and shall inform each of them of the extent to
exhausted, that Member State shall proceed without                    which the reserve has been used as soon as it receives
delay, by notifying the Commission, to draw a second                  the notifications .
share equal to 15% of its initial share, rounded up to
the next unit where appropriate, to the extent that the
amount in the reserve allows .                                       The Commission shall, not later than 20 November
                                                                      1978 , notify Member States of the amount in the
                                                                     reserve after the return of shares pursuant to Article 5 .
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, in the                   The Commission shall ensure that any drawing which
manner specified in paragraph 1 , to draw a third share               uses up the reserve is limited to the balance available
 ---pagebreak--- No L 172/22                            Official Journal of the European Communities                                28 . 6 . 78
and, for this purpose, shall specify the amount thereof           4. The extent to which a Member State has used up its
to the Member State which makes the final drawing.                share shall be determined on the basis of the imports
                                                                  charged in accordance with paragraph 3 .
                           Article 7
                                                                                            Article 8
1 . Member States shall take all appropriate measures             On receipt of a request from the Commission, Member
to ensure that, when additional shares are drawn pur­             States shall inform it of imports actually charged against
suant to Article 3 , it is possible for charges to be made        their shares .
without interruption against their accumulated shares of
the Community quota.
                                                                                            Article 9
2 . Member States shall ensure that importers of the              Member States and the Commission shall cooperate
said goods established in their territory have free access        closely in order to ensure that this Regulation is
to the shares allocated to them.                                  observed.
3 . Member States shall charge imports of the said                                         Article 10
goods against their shares as and when the goods are
entered for home use .                                            This Regulation shall enter into force on 1 July 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member States .
              Done at Luxembourg, 26 June 1978 .
                                                                                     For the Council
                                                                                       The President
                                                                                     K. B. ANDERSEN