CELEX: 31973R0423
Language: en
Date: 1973-02-05
Title: Regulation (EEC) No 423/73 of the Council of 5 February 1973 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 and imported in immediate packings of a net capacity of 15 kg or less

No L 59 / 34                        Official Journal of the European Communities                                   5.3.73
                             REGULATION (EEC) No 423 /73 OF THE COUNCIL
                                                  of 5 February 1973
              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 and imported in immediate packings of a net capacity of 15 kg
                                                         or less
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        Whereas, during the last three years for which
                                                                 statistics are available, the corresponding imports by
                                                                 each of the Member States represent the following
Having regard to the Treaty establishing the                     percentages of the imports into the Community from
European Economic Community and in particular                    Spain of the products concerned :
Articles 43 and 113 thereof;
                                                                                       1969         1970          1971
Having regard to the proposal from the Commission ;
                                                                 Germany               —                          —
Having regard to the Opinion of the European                     Benelux           100 (= It)        30       100 (= 5 t)
Parliament;
                                                                 France                —             70           —
                                                                 Italy                 —             —            —
Whereas the Agreement between the European
Economic Community and Spain, signed at
Luxembourg on 29 June 1970, provides in Article
2 ( 1 ) together with Article 9 of Annex I for the               Whereas, in view of these data and the estimates
opening by the_ Community of an annual Community                 submitted by certain Member States as well as the
tariff quota of 200 tons of dried figs falling within            practical need to ensure that the obligations
subheading ex 08.03 B of the Common Customs                      contracted under the Agreement concerned are
Tariff originating in Spain and imported in                      allocated fairly among all the Member States , initial
immediate packings of a net capacity of 15 kg or less;           quota shares may be fixed approximately at the
whereas, pursuant to Article 9 of the said Annex the             following percentages :
quota duty is equal to 30 % of the Common Customs
Tariff duty in respect of the product concerned ;                              Germany                     3
whereas therefore a Community tariff quota of 200
                                                                               Benelux                    30
metric tons at a duty rate 3 % for the product
concerned should be opened for 1973 ;                                          France                     65
                                                                               Italy                       2;
Whereas it is in particular necessary to ensure to all
Community importers equal and uninterrupted access               Whereas, in order to take into account import trends
to the abovementioned quota and uninterrupted                    for the products concerned in the different Member
application of the rate laid down for that quota to all          States, the quota amount should be divided into two
imports of the product concerned into all Member                 instalments, the first instalment being allocated
States until the quota has been used up ; whereas,               among the Member States, and the second forming a
having regard to the principles mentioned above, the             reserve intended ultimately to cover the requirements
Community nature of the quota can be respected by                of the Member States which have used up their initial
allocating the Community tariff quota among the                  quota shares ; whereas, in order to ensure a certain
Member States ; whereas, in order to reflect most                degree of security to importers in each Member State,
accurately the actual development of the market in               the first instalment of the Community quota should
the product concerned, such allocation should be in              be determined at a level which, under present
proportion to the needs of the Member States,                    circumstances, may be 80 % of the quota amount ;
assessed by reference both to the statistics of each
State's imports from Spain over a representative
period and to the economic outlook for the quota                 Whereas the initial quota shares of the Member
period concerned ;                                               States may be used up at different times ; whereas, in
 ---pagebreak---  5.3.73                             Official Journal of the European Communities                           No L 59 /35
order to take this fact into account and avoid any             2.     The second instalment, amounting to 40 tons,
"break in continuity, it is important that any Member          shall make up the reserve .
State having used up almost the whole of its intitial
 quota share should draw an additional quota share
 from the reserve ; whereas, this must be done by each                                   Article 3
Member State as and when each of its additional
 quota shares is almost entirely used up, and repeated
                                                               1.     If 90 %     or more of the initial share of a
 as many times as the reserve allows ; whereas the
 initial and additional quota shares must be available         Member State, as laid down in Article 2 ( 1 ), or 90 %
                                                               of that share less the amount returned into the
for use until the end of the quota period ; whereas
 this   method      of administration   calls  for  close      reserve, where the provisions of Article 5 have been
 cooperation between Member States and the                     applied, has been exhausted, that Member State shall
 Commission, which must, in particular, be able to             proceed without delay, by notifying the Commission,
 observe the extent to which the quota amount is used          to draw a second share equal to 15 % of its initial
 and inform Member States thereof;                             share, rounded up to the next unit where
                                                               appropriate, to the extent that the amount in the
                                                               reserve allows .
 Whereas if, at a specified date in the quota period, a
 considerable balance remains in one or other
 Member State it is essential that that Member State           2.     If, after its initial share has been exhausted,
 pays a large amount of it back into the reserve, in           90 % or more of the second share drawn by a
 order to avoid a part of the Community quota                  Member State has been used, that Member State shall
 remaining unused in one Member State when it could            proceed without (jfelay, by notifying the Commission,
 be used in others ;                                           to draw a third share equal to 7-5 % of its initial
                                                               share, rounded up to the next unit where
 Whereas , since the Kingdom of Belgium, the                   appropriate, to the extent that the amount in the
                                                               reserve allows .
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the
 Benelux Economic Union, all transactions concerning           3.      If, after its second share has been exhausted,
 the administration of shares granted to the                   90 % or more of the third share drawn by a Member
 abovementioned Economic Union may be carried out              State has been used, that Member State shall proceed,
 by any one of its members ;                                   pursuant to the provisions of paragraph 2, to draw a
                                                               fourth share equal to the third.
  HAS ADOPTED THIS REGULATION :
                                                               This process shall be applied until the reserve is
                                                               exhausted .
                         Article 1
                                                               4.      Notwithstanding the provisions of paragraphs
 As from 1 January 1973 and until 31 December 1973 ,            1 , 2 and 3 , the ' Member States may proceed to draw
 the Common Customs Tariff duty in respect of dried            shares smaller than those fixed in those paragraphs, if
 figs falling within subheading ex 08.03 B, originating        there is reason to believe that those shares might not
 in Spain and imported in immediate packings of a net           be used up. They shall inform the Commission of the
 capacity not exceeding 15 kgs shall be partially               reasons which led them to apply this paragraph.
  suspended at 3 % within the framework of a
  Community tariff quota of 200 tons .
                                                                                         Article 4
                         Article 2
                                                                The additional shares drawrj^ pursuant to Article 3
  1.    A first instalment, amounting to 160 tons of the        shall be valid until 31 December 1973 .
  Community tariff quota referred to in Article 1 shall
 be shared among the Member States ; the proportions
 which, subject to Article 5 , shall he valid from 1                                     Article 5
 January until 31 December 1973 shall consist of the
  following amounts ;
                                                                If, by 15 September 1973 , a Member State has not
               Germany         5 metric tons                    used up its initial share, it shall, not later than 10
                                                                October 1973 , return to the reserve the unused
               Benelux        48 metric tons                    portion of this share in excess of 20 % of the initial
               France        104 metric tons                    amount. It may return a larger quantity if there are
                                                                reasons to consider that such quantity might not be
                Italy           3 metric tons                   used .
 ---pagebreak--- No L 59 /36                         Official Journal of the European Communities                              5 . 3 . 73
The Member States shall, not later than 10 October             2.    The Member States shall guarantee to importers
1973 , notify the Commission of the total imports of           of the product concerned established in their territory
the product concerned effected up to 15 September              free access to the shares allocated to them .
1973 inclusive, and charged against the Community
quota and, where appropriate, the proportion of their          3.    The Member States shall charge imports of the
initial share that is being returned to the reserve.           product concerned against their shares in so far as
                                                               the product has been presented for Customs
                                                               clearance under cover of declarations that it has been
                         Article 6                             made available for consumption .
The Commission shall keep account of the shares                4.    The extent to which the Member States ' shares
opened by Member States in accordance with Articles            have been used up shall be recorded on the basis of
2 and 3 and shall inform each of them of the extent            the imports charged in the conditions laid down in
to which the reserve has been used as soon as it               paragraph 3 .
receives the notifications .
The Commission shall, not later than 15 October                                         Article 8
1973 , notify Member States of the amount in the
reserve after the return of shares pursuant to                 Member States      shall  inform the Commission        at
Article 5 .
                                                               regular intervals of imports from Spain actually
The Commission shall ensure that any drawing                   charged against their shares .
which uses up the reserve is limited to the balance
available and, for this purpose, shall specify the                                      Article 9
amount thereof to the Member State which makes
the final drawing.                                             The   Member      States  and    the Commission    shall
                                                               cooperate closely in order to ensure that the
                                                               provisions of this Regulation are observed.
                         Article 7
                                                                                       Article 10
1.     The Member States shall take all appropriate
measures to ensure that, when additional shares are
drawn pursuant to Article 3 , it is possible for charges       This Regulation shall enter into force on the third
to be made without interruption against their                  day following its publication in the Official Journal
accumulated shares of the Community quota.                     of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 February 1973 .
                                                                                      For the Council
                                                                                       The President
                                                                                   R. VAN ELSLANDE