CELEX: 31974R3293
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3293/74 of the Council of 19 December 1974 opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B I of the Common Customs Tariff

30 . 12 . 74                         Official Journal of the European Communities                           No L 353 /37
                               REGULATION (EEC) No 3293/74 OF THE COUNCIL
                                                  of 19 December 1974
               opening, allocating and providing for the administration of a Community tariff quota
               for dried grapes falling within subheading ex 08.04 B I of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       the Member States, assessed by reference to both
                                                                the statistics of each State's imports of the said
                                                                products from Spain over a representative period and
Having regard to the Treaty establishing the                    the economic outlook for the quota period
European Economic Community, and in particular                  concerned ;
Articles 43 and 113 thereof;
                                                                Whereas, during the past three years for which
Having regard to the proposal from the Commission ;             statistics are available, the corresponding imports
                                                                by each of the Member States represent the
                                                                following percentages of the imports into the Com­
Having regard to the Opinion of the European                     munity from Spain of the products concerned :
Parliament ;
                                                                                             1971      1972       1973
Whereas the Agreement between the European
Economic Community and Spain, signed at
Luxembourg on 29 June 1970, provides in Article 2               Germany                       2-1       4-5        2-3
 ( 1 ) together with Article 9 of Annex I for the               Benelux                      18-6      13-5       11-1
opening by the Community of an annual duty-free
                                                                France                       66-5      61-7       70-2
Community tariff quota of 1 700 metric tons of
dried grapes falling within subheading ex 08.04 B I             Italy                        12-8      20-3       16-4
of the Common Customs Tariff, originating in Spain
and imported in immediate containers of a net
capacity of 15 kg or less ; whereas therefore a duty­            Whereas in view of these factors and of the estimates
free Community tariff quota of 1 700 metric tons                 submitted by certain Member States, initial quota
should be opened for the product concerned for                   shares may be fixed approximately at the following
 1975 ;                                                          percentages :
                                                                         Germany                                2
Whereas the Community tariff quota in question                           Benelux                               13
should be opened for the year 1975 ; and whereas,
however, because of the possibility of implementing                      France                                72
other preferential arrangements as a result of a new
Agreement between the European Economic Com­                             Italy                                 13
 munity and Spain, it is necessary to limit the quota
 period to the date on which the new Agreement                   Whereas, in order to take into account import trends
 enters into force ;                                             for the product concerned in the different Member
                                                                 States, the quota amount should be divided into two
                                                                 tranches, the first tranche being allocated among the
Whereas it is in particular necessary to ensure to all           Member States, and the second forming a reserve
 Community importers equal and uninterrupted                     intended ultimately to cover the requirements of the
 access to the abovementioned quota and uninter­                 Member States which have used up their initial
 rupted application of the rate laid down for that               quota shares ; whereas, in order to ensure a certain
 quota to all imports of the product concerned into              degree of security to importers in each Member
 all Member States until the quota has been used up ;            State, the first tranche of the Community quota
whereas , having regard to the principles mentioned              should be determined at a level which, under present
 above, the Community nature of the quota can be                 circumstances, may be 80% of the quota amount;
 respected by allocating the Community , tariff quota
 among the Member States ; whereas, in order to
  reflect more accurately the actual development of              Whereas the initial quota shares of the Member
  the market in the product concerned, such                       States may be used up at different times ; whereas,
  allocation should be in proportion to the needs of             in order to take this fact into account and avoid
 ---pagebreak--- No L 353/38                          Official Journal of the European Communities                              30 . 12 . 74
any break in continuity, it is important that any                       Germany                    27 metric tons,
Member State having used up almost the whole of its
initial quota share should draw an additional quota                     Benelux                   177 metric tons,
share from the reserve ; whereas, this must be done                     France                    980 metric tons ,
by each Member State as and when each of its
additional quota shares is almost entirely used up,                     Italy                     176 metric tons.
and repeated as many times as the reserve allows ;
whereas the initial and additional quota shares must            2 . The second tranche of 340 metric tons shall
be available for use until the end of the quota                 constitute the reserve.
period ; whereas this method of administration calls
for close cooperation between Member States and
the Commission, which must, in particular, be able                                        Article 3
to observe the extent to which the quota amount is
used and inform Member States thereof;                          1 . If 90% or more of the initial share of a Member
                                                                State, as laid down in Article 2 ( 1 ), or 90% of that
Whereas if, at a specified date in the quota period ,           share less the amount returned into the reserve,
a considerable balance remains in one or other                  where the provisions of Article 5 have been applied,
Member State it is essential that that Member State             has been exhausted, that Member State shall proceed
pays a large amount of it back into the reserve, in             without delay, by notifying the Commission, to draw
order to avoid a part of the Community quota                    a second share equal to 15% of its initial share,
remaining unused in one Member State when it                    rounded up to the next unit where appropriate, to
could be used in others ;                                       the extent that the amount in the reserve allows .
                                                                2 . If, after its initial share has been exhausted, 90%
Whereas, since the Kingdom of Belgium, the                      or more of the second share drawn by a Member
Kingdom of the Netherlands and the Grand Duchy                  State has been used, that Member State shall proceed
of Luxembourg are united in and represented by                  without delay, in accordance with the conditions
the    Benelux     Economic     Union,  all   transactions      laid down in paragraph 1 , to draw a third share
concerning the administration of shares granted to              equal to 7-5% of its initial share, rounded up to
 the abovementioned Economic Union may be carried               the next unit where appropriate, to the extent that
out by any one of its members,                                  the amount in the reserve allows .
                                                                3 . If, after its second share has been exhausted,
                                                                90% or more of the third share drawn by a Member
 HAS ADOPTED THIS REGULATION :                                  State has been used, that Member State shall
                                                                proceed, in the same way, to draw a fourth share
                                                                equal to the third.
                          Article 1
                                                                This process shall be applied until the reserve is
                                                                exhausted.
From 1 January 1975 until the date of entry into
force of a new Agreement between the European
                                                                4. Notwithstanding the provisions of paragraph 1 ,
Economic Community and Spain but not later than
                                                                2 and 3 , the Member States may proceed to draw
31 December 1975, the Common Customs Tariff
                                                                shares smaller than those fixed in those paragraphs,
duty in respect of dried grapes falling within                  if there is reason to believe that they might not be
subheading ex 08.04 B I, originating in Spain and               used up. They shall inform the Commission of the
imported in immediate containers of a net capacity
                                                                reasons which led them to apply this paragraph.
not exceeding 15 kg shall be entirely suspended
within the limits of a Community tariff quota of
 1 700 metric tons .
                                                                                          Article 4
                                                                The additional shares drawn pursuant to Article 3
                          Article 2                             shall be valid until the end of the period stipulated
                                                                in Article 1 .
1 . A first tranche, amounting to 1 360 metric tons
of the Community tariff quota referred to in
Article 1 shall be shared among the Member States ;                                       Article 5
the proportions which, subject to Article 5 , shall
be valid until the end of the period specified in               If, by 15 September 1975, a Member State has not
Article 1 , shall be as follows :                               used up its initial share, it shall, not later than
 ---pagebreak--- 30 . 12 . 74                          Official Journal of the European Communities                          No L 353 /39
10 October 1975 , return to the reserve the unused               are drawn pursuant to Article 3 , it is possible for
portion of this share in excess of 20% of the initial            charges to be made without interruption against
amount. It may return a larger quantity if there is              their accumulated shares of the Community quota.
reason to believe that such quantity might not be
used .                                                           2. The Member States shall ensure that importers
                                                                 of the said goods established in their territory have
The       Member     States    shall,   not    later   than      free access to the share allocated to them .
10 October 1975, notify the Commission of the
total imports of the product concerned effected up               3 . The Member States shall charge imports of the
to 15 September 1975 inclusive and charged against               product concerned against their shares as and when
the Community quota and, where appropriate, the                  the goods are entered for home use.
proportion of their initial share that is being returned
to the reserve .                                                 4 . The extent to which a Member State has used
                                                                 up its shares shall be determined on the basis of
                          Article 6                              the imports charged in accordance with paragraph 3 .
The Commission shall keep account of the share
opened by Member States in accordance with                                                Article 8
Articles 2 and 3 and shall inform each of them of
the extent to which the reserve has been used as
soon as it receives the notifications .                          Member States shall       inform     the Commission   at
                                                                 regular intervals of imports actually charged against
                                                                 their quota shares .
The        Commission       shall,    not     later    than
15 October 1975, notify Member States of the
amount in the reserve after the return of shares
pursuant to Article 5 .                                                                   Article 9
The Commission shall ensure that any drawing
                                                                 The Member       States   and    the   Commission  shall
which uses up the reserve is limited to the balance
available and, for this purpose, shall specify the               cooperate closely in order to ensure that this
amount thereof to the Member State which makes                   Regulatior is observed .
the final drawing.
                                                                                          Article 10
                          Article 7
1 . The Member         States  shall  take   all   measures      This Regulation shall enter into force on 1 January
appropriate to ensure that, when additional shares               1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 19 December 1974.
                                                                                    For the Council
                                                                                      The President
                                                                                    J. P. FOURCADE