CELEX: 31976R3036
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3036/76 of 9 December 1976 opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, originating in Spain (1977)

No L 350/28                          Official Journal of the European Communities                             20. 12. 76
                                     COUNCIL REGULATION (EEC) No 3036/76
                                                   of 9 December 1976
             opening, allocating and providing for the administration of a Community tariff quota
             for dried grapes falling within subheading 08.04 B I of the Common Customs Tariff,
                                                originating in Spain ( 1977)
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 European            percentages of the imports into the Community from
Economic Community, and in particular Articles 43                Spain of the products concerned :
and 113 thereof,
                                                                                               1973     1974      1975
Having regard to the proposal from the Commission,
                                                                 Germany                        2-3      4-6       3-9
                                                                 Benelux                       11-1     13-7      13-9
Having regard to the opinion of the European
                                                                 France                        70-2     66-3      73-4
Parliament (1 ),
                                                                 Italy                         16-4     15-4       8-8
Whereas the Agreement between the European
Economic Community and Spain, signed at Luxem­
bourg on 29 June 1970, provides in Article 2 (1),                Whereas, in view of these factors and of the estimates
together with Article 9 of Annex I, for the opening              submitted by certain Member States, initial quota
 by the Community of an annual duty-free Community               shares may be fixed approximately at the following
tariff quota of 1 700 metric tons of dried grapes                percentages :
falling within subheading 08.04 B I of the Common
Customs Tariff, originating in Spain and imported in                      Germany                               4
immediate containers of a net capacity of 15 kilo­
                                                                          Benelux                              13
grammes or less; whereas the Community tariff quota
in question should ibe opened for the year 1977 ;                         France                               64
                                                                          Italy                                19
Whereas it is in particular necessary to ensure, for all
Community importers equal and uninterrupted access
to the abovementioned quota and uninterrupted                    Whereas, in order to take into acoount import trends
application of the rate laid down for that quota to all          for the product concerned in the different Member
imports of the product concerned into all Member                 States, the quota amount should be divided into two
States until the quota has been used up ; whereas,               instalments, the first instalment being allocated
having regard to the principles mentioned above, the             among the Member States and the second forming
Community nature of the quota can be respected by                a reserve intended ultimately to cover the require­
allocating the Community tariff quota among the                  ments of the Member States whicJh have used up their
Member States ; whereas, to represent as closely as              initial quota shares; whereas, in order to ensure a
possible the actual development of the market in the             certain degree of security to importers in each
products in question, the allocation should follow               Member State, the first installment of the Community
proportionately the requirement of the Member States             quota should be determined at a level which, under
calculated from both statistics of imports from Spain            present circumstances, may be 80% of the quota
during a representative period and the economic                  amount ;
outlook for the tariff period in question ;
                                                                 Whereas the initial quota shares of the Member States
                                                                 may be used up at different times ; whereas, in order
 H OJ No C 259, 4. 11 . 1976, p. 37.                             to take this fact into account and avoid any break
 ---pagebreak--- 20. 12. 76                            Official Journal of the European Communities                          No L 350/29,
in continuity, it is important that any Member State             2. The second instalment of 340 metric tons shall
having used up almost the whole of its initial quota             constitute the reserve.
share should draw an additional quota share from
the reserve; whereas, this must be done by each
Member State as and when each of its additional                                           Article 3
quota shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the
initial and additional quota shares must ibe available           1 . If 90% or more of the initial share of a Member
for use until the end of the quota period ; whereas              State, as laid down in Article 2 ( 1 ), or 90% of that
this   method      of  administration    calls   for dose        share less the amount returned into the reserve, where
cooperation between Member States and the Com­                   the provisions of Article 5 have been applied, has
mission, which must, in particular, be able to observe           been exhausted, chat Member State shall proceed
the extent to which the quota amount is used and                 without delay, by notifying the Commission, to draw
inform Member States (thereof;                                   a second share equal to 15% of its initial share,
                                                                 rounded up to the next unit where appropriate, to
Whereas if, at a given date in the quota period,                 the extent that the amount in the reserve allows.
 a considerable quantity of the initial share is left
 over in a Member State, it is essential that each State
 should return a significant proportion to the reserve           2. If, after its initial share has been exhausted, 90%
 to prevent a part of the Community quota from                   or more of the second share drawn by a Member
 remaining unused in one Member State while it could             State has been used, that Member State shall proceed
 be used in others ;                                             without delay, in accordance with the conditions laid
                                                                 down in paragraph 1 , to draw a third share equal
Whereas, since the Kingdom of Belgium, the Kingdom               to 7-5% of its initial share, rounded up to the next
 of the Nethenlands and tihe Grand Duchy of Luxem­               unit where appropriate, to the extent that the amount
                                                                 in the reserve allows .
 bourg are (united in and represented by the Benelux
 Economic Union, any measure concerning the
 administration of the quota shares allocated to that            3 . If, after its second share has been exhausted, 90%
 economic union may (be carried out by any of its                or more of the third share drawn by a Member State
 members,                                                        has been used, that Member State shall, in accordance
                                                                 with the same conditions, draw a fourth share equal
                                                                  to the third.
  HAS ADOPTED THIS REGULATION:
                                                                 This process shall be applied until the reserve is
                                                                 exhausted.
                          Article 1
 From 1 January until 31 December 1977, the                       4. Notwithstanding the provisions of paragraphs 1,
 Common Customs Tariff duties in respect of dried                 2 and 3, tihe Member States may proceed to draw
 grapes falling within subheading 08.04 B I, originating          shares smaller than those fixed in those paragraphs,
 in Spain and imported in immediate containers of                 if there is reason to believe that they might not be
  a net capacity not exceeding 15 kilogrammes shall               used up. They shall inform the Commission of the
 be entirely suspended within the limits of a Com­                reasons which led them to apply this paragraph.
  munity tariff quota of 1 700 metric tons.
                                                                                           Article 4
                          Article 2
                                                                  Each of the additional shares drawn pursuant to
  1 . A first instalment, amounting to 1 360 metric tons          Article 3 shall be valid until 31 December 1977.
  of the Community tariff quota referred to in Article 1 ,
  shall be shared among the Member States ; the
  respective shares, which subject to Article 5 shall be                                   Article 5
  valid 31 December 1977, shall be as follows :
          Germany                   55 metric tons,               The Member States shall return to the reserve, not
                                                                  later than 1 October 1977, the unused portion of their
          Benelux                  177 metric tons,               initial share which, on 15 September 1977, is in excess
          France                  870 metric tons,                of 20% of the initial amount. They may return a
                                                                  greater portion if there are grounds for believing that
          Italy                   258 metric tons.                 such portion may not be used in full.
 ---pagebreak--- No L 350/30                         Official Journal of the European Communities                             20. 12. 76
The Member States shall, not later than 1 October              to be made without interruption against their
1977, notify the Commission of the total quantities            accumulated shares of the Community quota.
of the said goods imported up to and including
15 September 1977, and charged against the appro­              2. The Member States shall ensure that importers of
priate Community tariff quota and any quantities of            the said goods established in their territory have free
the initial share returned to the reserve.                     access to the shares allocated to them.
                                                               3 . The Member States shall charge imports of the
                         Article 6                             product concerned against their shares as and when
                                                               the goods are entered for home use.
The Commission shall keep account of the shares                4. The extent to whidh a Member State has used up
opened by Member States in accordance with Articles            its share shall be determined on the 'basis of the
2 and 3 and shall inform each of them of the extent            imports charged in accordance with paragraph 3 .
to which the reserve has been used as soon as it
receives the notifications.
                                                                                         Article 8
The Commission shall, not later than 5 October 1977,
notify Member States of the amount in the reserve              Member. States shall inform the Commission at
after the return of shares pursuant to Article 5.              regular intervals of imports actually charged against
                                                                their quota shares.
The Commission shall ensure that any drawing which
uses up the reserve is limited to the balance available
                                                                                          Article 9
and, for this purpose, shall specify the amount there­
of to the Member State which makes the final
 drawing.                                                       The Member States          and    the Commission shall
                                                                cooperate closely in order to ensure that this
                                                                Regulation is observed.
                         Article 7
                                                                                         Article 10
 1 . The Member States shall take all appropriate
 measures to ensure that, when additional shares are            This Regulation shall enter into force on 1 January
 drawn pursuant to Article 3, it is possible for charges         1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 9 December 1976.
                                                                                 For the Council
                                                                                   The President
                                                                                 P. J. J. MERTENS