CELEX: 31986R3739
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3739/86 of 28 November 1986 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 (1987)

13 . 12 . 86                                   Official Journal of the European Communities                                  No L 353 / 1
                                                   (Acts whose publication is obligatory)
                                              COUNCIL REGULATION (EEC ) No 3739/ 86
                                                             of 28 November 1986
                    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 ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  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
Having regard to the Act of Accession of Spain and                         products concerned into all Member States until the quota
Portugal , and in particular Articles' 30 and 75 thereof,                  has been used up ; whereas , having regard to the above
                                                                           principles, the Community nature of the quota can be
                                                                           respected by allocating the Community tariff quota among
Having regard to the proposal from the Commission ,                        the Member States ; whereas , in order to reflect as
                                                                           accurately as possible the true trend of the market in the
                                                                           products in question , such allocation" should be in
Whereas , according to Articles 30 and 75 of the Act of                    proportion to the requirements of the Member States,
Accession , the duties applicable on the import into the                   calculated by reference to the statistics for imports from
Community of Ten of dried figs falling within subheading                   Spain over a representative reference period and also to the
ex 08.03 B of the Common Customs Tariff, and
                                                                           economic outlook for the quota period in question ;
originating in Spain , within the limits of a Community
tariff quota of 200 tonnes shall be progressively abolished ;
whereas these duties are to be reduced to 75 % of the basic
duties on 1 January 1987 ; whereas , by derogation from
Article 30 of the Act of Accession , Council Regulation                    Whereas , during the last three years for which statistics are
( EEC ) No 443 / 86 of 24 February 1986 concerning the                     available , the corresponding imports by each of the
basic duties to be adopted in the Community of Ten for the                 Member States represent the following percentages of the
purpose of calculating the successive reductions provided                  imports into the Community from Spain of the products in
for in the Act of Accession of Spain and Portugal (*)                      question :
provides that the basic duties are those which were actually
been applied on 1 January 1986 ; whereas , therefore, to
establish the duties applicable on the import of these
                                                                                      Member State           1983       1984      1985
products, a Community tariff quota should be opened for
the period 1 January to 31 December 1987 for 200 tonnes
of dried figs originating in Spain and falling within                      Benelux                        ll                       _
                                                                           Denmark
subheading ex 08.03 B at duties as shown in the table in                                                      —           —        —
                                                                           Germany                            15          89      58,7
Article 1 ;
                                                                           Greece                             —           —        —
                                                                           France                             —       ■   —
                                                                                                                                  20,1
                                                                           Ireland                            —
                                                                                                                        • —        —
Whereas Council Regulation ( EEC ) No 3792 / 85 of                         Italy                              —           —        —
20 December 1985 laying down the arrangements applying                     United Kingdom                     85          11      21,2
to trade in agricultural products between Spain and
Portugal ( 2 ) provides for particular rules for the import into
Portugal of the products in question , originating in Spain ;
whereas , consequently, the Community tariff quota is
applicable only in the Community of Ten ,                                  Whereas , in view of these factors and of the estimates
                                                                           submitted by certain Member States as well as the practical
                                                                           need to ensure that the obligations contracted under the
                                                                           Agreement concerned are allocated fairly among the
 (') OJ No L 50 , 28 . 2. 1986 , p . 9 .                                   Member States , initial quota shares may be fixed
 ( 2 ) OJ No L 367 , 31 . 12 . 1985 , p . 7 .                              approximately at the following percentages:
 ---pagebreak---   No L 353 / 2                               Official Journal of the European Communities                                           13 . 12 . 86
          Benelux                                        6,7                  Commission , and the latter must be in a position to
          Denmark                                        6,7                  monitor, the extent to which the quota volume has been
          Germany                                      46,7                   used up and to inform the Member States thereof;
          Greece                                         0,7
          France                                       20,0
          Ireland                                        3,3                  Whereas if, at a given date in the quota period , a
          Italy                                          3,3                  substantial quantity remains unused in any Member State,
          United Kingdom                               12,6                   it is essential that that Member State should return a
                                                                              significant proportion to the reserve to prevent a part of
                                                                              any tariff quota from remaining unused in one Member
  Whereas , in order to take into account import trends for                   State when it could be used in others ;
  the products concerned in the various Member States , the
  quota amount should be divided into two instalments , the
  first being shared among the Member States which have                       Whereas , since the Kingdom of Belgium , the Kingdom of
  used up their initial quota shares ; whereas , in order to give             the Netherlands and the Grand Duchy of Luxembourg are
  importers in each Member State a certain degree of                          united within and jointly represented by the Benelux
  security , "the first instalment of the Community quota                     Economic Union , any operation relating to the
  should under the circumstances be fixed at 75 % of the                      administration of the quota shares allocated to that
  quota volume ;                                                              economic union may be carried out by any of its
                                                                              members ,
 Whereas the Member States initial shares may be used up
 at different times ; whereas , in order to take this fact into
                                                                              HAS ADOPTED THIS REGULATION :
 account and avoid any break in continuity , any Member
 State which has almost used up its initial quota share
 should draw an additional share from the reserve; whereas
 this must be done by each Member State as and when each                                                      Article 1
 of its additional shares is almost used up , and repeated as
 many times as the reserve allows ; whereas the initial and                   From 1 January to 31 December 1987 , on import into the
 additional shares must be valid until the end of the quota                   Community of Ten , the duties for the following products
 period ; whereas this method of administration requires                      shall be suspended at a level and within the limits of a
 close cooperation between the Member States and the                          Community tariff quota as follows :
                                      CCT                                                            Amount of          Rate of
                      Order
                       No
                                     heading                       Description                       tariff quota        duty
                                       No                                                              ( tonnes )        (% ) -
                    09.0301        ex 08.03 B     Dried figs , originating in Spain                       200            2,2
                             Article 2                                                                        Article 3
 1 . A first instalment amounting to 150 tonnes of the                        1.  If 90 % or more of a Member State's initial share as
Community tariff quota referred to in Article 1 shall be                     specified in Article 2 ( 1 ), or 90 % of that share minus the
shared among the Member States ; the respective shares                       portion returned to the reserve where Article 5 has been
which , subject to Article 5 , shall be valid until                          applied , has been used up , then to the extent permitted by
31 December 1987 , shall be as follows :                                     the amount of the reserve , that Member State shall
                                                                             forthwith , by notifying the Commission , draw a second
                                                      (tonnes)
                                                                             share equal to 15% of its initial share , rounded up where
                                                                             necessary to the next unit.
         Benelux                                         10
         Denmark                                         10
         Germany                                         70                  2 . If, after its initial share has been used up , 90 % or more
         Greece                                           1                  of the second share drawn by a Member State has been
         France                                          30                  used up , then that Member State shall , in accordance with
         Ireland                                          5                  the conditions laid down in paragraph 1 , draw a third
         Italy                                            5                  share equal to 7,5 % of its initial share , rounded up where
         United Kingdom                                  19                  necessary to the next unit.
2.    The second instalment of. 50 tonnes shall constitute the               3 . If, after its second share has been used up , 90% or
reserve .                                                                   more of the third share drawn by a Member State has been
 ---pagebreak--- 13 . 12 . 86                             Official Journal of the European Communities                              No L 353 / 3
used up , that Member State shall , in accordance with the          It shall ensure that the drawing which exhausts any reserve
conditions laid down in paragraph 1 , draw a fourth share           does not exceed the balance available and , to this end ,
equal to the third .                                                notify the amount of that balance to the Member State
                                                                    making the last drawing .
This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , a                                       Article 7
Member State may draw shares smaller than those fixed in
those paragraphs if there are grounds for believing that            1 . The Member States shall take all measures necessary to
they might not be used up . It shall inform the Commission          ensure that additional shares drawn pursuant to Article 3
of its reasons for applying this paragraph .                        are opened in such a way that imports may be charged
                                                                    without interruption against their accumulated shares of
                           Article 4
                                                                    the Community tariff quota .
The additional shares drawn pursuant to Article 3 shall be          2 . The Member States shall ensure that importers of the
valid until 31 December 1987 .                                      products in question have free access to the shares allocated
                                                                    to them .
                           Article 5                                3 . The Member States shall charge the imports of the
                                                                    products concerned against their shares as and when the
The Member States shall return to the reserve , not later           products are entered with customs authorities for free
than 1 October 1987 , such unused portion of their initial          circulation .
shares as , on 15 September 1987 , is in excess of 20% of
the initial volume . They may return a larger quantity if           4 . The extent to which a Member State has used up its
there are grounds for believing that this quantity may not          share shall be determined on the basis of the imports
be used .
                                                                    charged in accordance with paragraph 3 .
The Member States shall notify the Commission , not later
than 1 October 1987 , of total quantities of the products in
                                                                                               Article 8
question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                    At the Commission's request, the Member States shall
                                                                    inform it of imports actually charged against their shares .
                           Article 6
                                                                                               Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3            The Member States and the Commission shall cooperate
and , as soon as it is notified , shall inform each Member          closely to ensure that this Regulation is complied with .
State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October                                  Article 10
1987 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .                       This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 28 November 1987 .
                                                                                          For the Council
                                                                                           The President
                                                                                           A. RUMBOLD