CELEX: 31978R1437
Language: en
Date: 1978-06-26 00:00:00
Title: Council Regulation (EEC) No 1437/78 of 26 June 1978 opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08.04 A I of the Common Customs Tariff, originating in Cyprus

No L 172/32                             Official Journal of the European Communities                                 28 . 6 . 78
                                        COUNCIL REGULATION (EEC) No 1437/78
                                                        of 26 June 1978
                opening, allocating and providing for the administration of a Community tariff quota for
                fresh table grapes falling within subheading ex 08 . 04 A I of the Common Customs Tariff,
                                                     originating in Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Wheras it is in particular necessary to ensure for all
                                                                    Community importers equal and uninterrupted access
                                                                    to the abovementioned quota and uninterrupted appli­
                                                                    cation of the rates laid down for that quota to all im­
Having regard to the Treaty establishing the European               ports of the products concerned into all Member States
Economic Community, and in particular Articles 43 and               until the quota has been used up ; whereas, having re­
 113 thereof,                                                       gard to the principles mentioned above, the Community
                                                                    nature of the quota can be respected by allocating the
Having regard to the proposal from the Commission,                  Community tariff quota among the Member States ;
                                                                    whereas, in order to reflect more accurately the actual
                                                                    development of the market in the products concerned,
Having regard to the opinion of the European Parlia­                such allocation should be in proportion to the needs of
ment ( 1),                                                          the Member States, assessed by reference to both the
                                                                    statistics of each State's imports of the said products
Whereas a Protocol laying down certain provisions re­               from Cyprus over a representative period and the
lating to trade in agricultural products between the                economic outlook for the quota period concerned ;
European Economic Community and the Republic of
Cyprus was signed on 11 May 1978 ; whereas this Pro­
tocol is to enter into force on 1 July 1978 ; whereas
Article 2 of this Protocol provides for the opening of a
Community tariff quota of 7 500 tonnes of fresh table              Whereas, however, neither Community nor national
grapes falling within subheadings ex 08.04 Ala) and b)             statistics showing the breakdown for the products in
of the Common Customs Tariff, originating in Cyprus,               question are available and no reliable estimates of fu­
at rates of customs duty equal to 40 % of the customs              ture imports can be made ; whereas, in these circum­
duty in the Common Customs Tariff, for the period 8                stances, the quota volumes should be allocated in initial
June to 10 August 1978 ; whereas the pro rata temporis             shares, taking into account demand for these products
clause is applicable; whereas, however, as part of the             on the markets of the various Member States ;
tariff measures taken autonomously by the Community
and anticipating the provisions of this Protocol, the
Community, by Regulation (EEC) No 781 /78 (2), has
opened a tariff quota of 500 tonnes instead of 2 500
tonnes, that is, a volume which would be the result of             Whereas, in order to take into account import trends
application of the pro rata temporis clause; whereas, in           for the products concerned in the different Member
these circumstances, a Community tariff quota of 7 000             States, the quota amount should be divided into two
tonnes should be opened for the period 1 July to 10                tranches, the first tranche being allocated among the
August 1978 ;                                                      Member States and the second forming a reserve in­
                                                                   tended ultimately to cover the requirements of the
                                                                   Member States which have used up their initial quota
Whereas these products are, for the greater part, im­              shares ; whereas, in order to ensure a certain degree of
ported into the Community during the beginning of the              security to importers in each Member State, the first
latter half of the year due to particular reasons inherent         tranche of the Community quota should be determined
in their method of production and distribution ;                    at a level which, under present circumstances, may be
whereas , consequently, the quota opened by Regulation             approximately 93 % of the quota amount;
 (EEC) No 781 /78 for the period 8 to 30 June 1978 has
not been entirely used up; whereas it is necessary to
provide for the remainder left over from this period to
be taken into consideration to be used during the period
of validity of this Regulation;                                     Wheras the initial shares of the Member States may be
                                                                    used up at different times ; whereas, in order to take this
                                                                    fact into account and avoid any break in continuity, it is
                                                                   important that any Member State having used up
(*) Opinion delivered on 16 June 1978 (not yet published in        almost the whole of its initial shares should draw an
    the Official Journal).                                         additional share from the reserve ; whereas this must be
(2) OJ No L 106, 20 . 4 . 1978 , p. 1 .                            done by each Member State as and when each of its
 ---pagebreak--- 28. 6 . 78                               Official Journal of the European Communities                                No L 172/33
additional shares is almost entirely used up, and re­                  Whereas since the Kingdom of Belgium, the Kingdom of
peated as many times as the reserve allows ; whereas the               the Netherlands and the Grand Duchy of Luxembourg
initial and additional shares must be available for use                are united within and jointly represented by the Benelux
until the end of the quota period; whereas this method                 Economic Union all transactions concerning the ad­
of administration calls for close cooperation between                  ministration of shares allocated to that economic union
Member States and the Commission, which must in                        may be carried out by any one of its members,
particular, be able to observe the extent to which the
quota amount is used and inform Member States
thereof;                                                               HAS ADOPTED THIS REGULATION :
                                                                                                  Article 1
Whereas, if at a specified date in the quota period, a
considerable balance remains in one or other Member                    From 1 July to 10 August 1978 the Common Customs
State it is essential that that Member State pays a large              Tariff duties for the products listed below, originating
 amount of it back into the reserve, in order to avoid a               in Cyprus, shall be partially suspended at the levels
part of the Community quota remaining unused in one                    shown below, within the limits of a Community tariff
Member State when it could be used in others;                           quota of 7 000 tonnes :                                    i
                    CCT                                                                                       Rate
                   heading                                    Description
                                                                                                             of duty
                     No
                   08.04        Grapes, fresh or dried :
                                A. fresh :
                                    I. Table grapes :
                                        ex a) From 1 November to 14 July :
                                                — From 1 July to 14 July                                    7-2 %
                                        ex b) From 15 July to 31 October:
                                                — From 15 July to 10 August                                 8-8 %
                           Article 2                                   of the shares drawn from the reserve constituted, pur­
                                                                        suant to the abovementioned Regulation, existing on 30
 1 . The Community tariff quota referred to in Article 1               June 1978 .
shall be divided into two tranches .
2. The first tranche, amounting to 6 504 tonnes , shall
be shared among the Member States ; the proportions                                               Article 3
which, subject to Article 5 , shall be valid until
10 August 1978 , shall be as follows :
                                                                        1 . If 90 % or more of the initial share of a Member
        Benelux                            200   tonnes                 State, as laid down in Article 2 (2), or 90% of that share
        Denmark                            200   tonnes                 less the amount returned into the reserve, where the
        Germany                            200   tonnes                 provisions of Article 5 have been applied, has been
        France                                2  tonnes                 exhausted, that Member State shall proceed without
        Ireland                            200   tonnes                 delay, by notifying the Commission, to draw a second
        Italy                                 2  tonnes                 share equal to 15 % of its initial share, rounded up to
        United Kingdom                   5 700   tonnes                the next unit where appropriate, to the extent that the
                                                                       amount in the reserve allows.
 3 . The second tranche, amounting to 496 tonnes, shall
 constitute the reserve, to which any remainders of the
 constituted reserve and the shares drawn therefrom by                 2. If, after its initial share has been exhausted, 90 % or
the Member States, pursuant to Regulation (EEC) No                      more of the second share drawn by a Member State has
 781 /78 , existing on 30 June 1978 , shall be added.                  been used, that Member State shall proceed, in the
                                                                       manner specified in paragraph 1 , to draw a third share
The Member States concerned shall notify the Com­                       equal to 7-5 % of tis initial share, rounded up to the
mission, not later than 15 July 1978 , of any remainders                rtext unit where appropriate.
 ---pagebreak--- No L 172/34                           Official Journal of the European Communities                                   28 . 6 . 78
3 . If, after its second share has been exhausted, 90 %           The Commission shall ensure that any drawing which
or more of the third share drawn by a Member State                uses up the reserve is limited to the balance available
has been used, that Member State shall proceed, in the            and, for this purpose, shall specify the amount thereof
same way, to draw a fourth share equal to the third.              to the Member State which makes the final drawing.
This process shall be applied until the reserve is
exhausted.
                                                                                             Article 7
4 . Notwithstanding the provisions of paragraphs 1 , 2
and 3 , the Member States may proceed to draw shares
smaller than those fixed in those paragraphs if there is          1 . Member States shall take all appropriate measures
reason to believe that they might not be used up. They            to ensure that, when additional shares are drawn pur­
shall inform the Commission of the reasons which led              suant to Article 3 , it is possible for charges to be made
them to apply this paragraph.                                     without interruption against their accumulated shares of
                                                                  the Community quota.
                         Article 4
                                                                  2 . Member States shall ensure that importers of the
                                                                  said goods established in their territory have free access
The additional shares drawn pursuant to Article 3 shall           to the shares allocated to them.
be valid until 10 August 1978 .
                                                                  3 . Member States shall charge imports of the said
                         Article 5
                                                                  goods against their shares as and when the goods are
                                                                  entered for home use.
Member States shg.ll return to the reserve, not later than
1 August 1978 , the unused portion of their initial share
which, on 25 July 1978 , is in excess of 20% of the ini­          4 . The extent to which a Member State has used up its
tial amount. They may return a larger portion if there            share shall be determined on the basis of the imports
are grounds for believing that such portion may not be            charged in accordance with paragraph- 3 .
used in full.
Each Member State shall, not later than 1 August 1978 ,
notify the Commission of the total imports of the pro­                                       Article 8
ducts concerned effected up to 25 July 1978 inclusive,
and charged against the Community quota and, where                At the request of the Commission, Member States shall
appropriate, the proportion of its initial share that is          inform it of imports actually charged against their
being returned to the reserve.                                    shares .
                         Article 6                                                           Article 9
The Commission shall keep account of the shares                   Member States and the Commission shall collaborate
opened by Member States in accordance with Articles 2             closely in order to ensure that this Regulation is
and 3 and shall inform each of them of the extent to              observed.
which the reserve has been used as soon at it receives
the notifications .
The Commission shall, not later than 5 August 1978 ,                                        Article 10
notify Member States of the amount in the reserve after
the return of shares pursuant to Article 5 .                      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