CELEX: 51973PC1722
Language: en
Date: 1973-11-09
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of Community tariff quota for dried figs falling within subheading 08.03 of the Common Customs Tariff, originating in Spain and imported in immediate packings of a net capacity of 15 kg or less.#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B I Common Customs Tariff, originating in Spain, imported in immediate packings of a net capacity of 15 kg or less. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1722
Vol. 1973/0296
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(73)1722 Final
                                                    Brussels . 9 November 1973
                              PROPOSAL FOR A
                       REGULATION ( EEC ) OF THE COUNCIL
opening , allocating and providing for the administration of Community
  tariff quota for dried figs falling within subheading         08.03 of
   the Common Customs Tariff , originating in Spain and imported in
         immediate packings of a net capacity of 15 kg or less .
                             PROPOSAL FOR A
                       REGULATION ( EEC ) OF THE COUNCIL
opening , allocating and providing for the. administration of a Community
 tariff quota for dried grapes falling within subheading ex 08.04 B I
    Common Customs Tariff , originating in Spain , imported in immediate
                packings of a net capacity of 15 kg or less .
               ( submitted to the Council by the Commission)
COM(73 ) 1722 Final
 ---pagebreak---                                                                               CU3/T41/73-2
                                       mmaustftr mœimm
 1 » Article 2 of the A^recacnt hetiroen tlae Enrapoaa Economic Ccc2a.uru.ty
 cu'iil SprJLn, read \/ith Articles 2 end 9             Annex 2 "thereto , provides for the
 opening of CorziU»i*y tariff Quotes for tho importation into the Cor,:rard.ty
 of the follov/ing pr&dxiot3 f ©rigiiaatirss in Spain, at the quota duties
 cpooifi&d "belevi :
       CCH SEEDING US     PRODUCT                  ANNUAL VOIVEO             (^USTA XFIITY
        - - - ΛΟ Λ *. Τ,              .* Λ..,· , Λ                        •'Λ " -Λ   ΛV -
       C>:                WC** V«.>4»2& V^ÍUU            Í. VV V         JU/Í FC->Z. VIIO V«/ X
                          ficT--                                         duty
              0o.04 3 I   Cs'rtaia driod               1 700 t           Tsxvir} t
                                 R* 0
 2 » Ufhcca proviciena apply only to tho six c.x*i£xnr.l X&s&er States , eincb
 tho "Protocol fixing certain provisions relating to the Agroewcrvt bctvroon
 the Eisropecn Eoone&iic Cdsuunity eni Spain in consequence of the accession
 of tho IXSV? Ilcribcr States to tho Ihrrcpecai Ecencnio Coraraviniiy" of
 29 J^nucry 1973 ( CJ ITo L 6u f 13 llarch. 1973 ) provides that cs re££r&a the
ucv; Ilcsibcr States tho {Situation nhull ren&in c# "before .                Ehe Protocol also
Provides that the contriwtias; portico are to lay                       liefora 1 Jn:iua.vy 1974
 the trcaisitional Eioaeures nsal adjustments xthlch nay '4?peaa? necessary
 follc/.rin.^ the acce-scion. of the neu Jleabcr States *
       In July 1973 > the Community opened negotiations with Spain with a
      view to concluding , by 1 January 197^-, a new Agreement to replace
       the 1970 Agreement . However , in view of the present state of these
      negotiations , it is by no means certain that the Agreement could
      enter into force on 1 January 197^»                         ' • '
3 » In view of the foregoing , . the Commission believes that the possible
                                         1
      necessity should be provided for of opening tariff quotas , for 197 ^"
      for the goods in question , in favour of Spain . Consequently , the
      tariff quotas for these products should be opened by 1 January 197^
      and therefore approved by the Council before that date .
 ---pagebreak---   I-crcover , as re^ardo agricultural producta , the Ee.^alr.tionn opening tho
  relevant Cosnunity tariff- quotoo nasi "cc l>aacd en Article* 43 of the ISO
  Treaty, which neass tiiat tho European Parliament sunt "bo consult ed»The" time
  which . the'" i procedure for approving those Eesalaticna vrf.ll tako nust
  therefore "bo borao in nind »
  It is therefore necessary to initiate the procedure for opening the
  relevant tariff quotas .
 f£bi3 ia tho object of the proposals i-sr.o^od hereto#
 4* "io                             i>i Uis      v.ray, for the splitting up of" the
 tariff volumes in tuo parts , of which tho first vrill "he allocated aiiong
 the I-iarfjcr States as cruota chares arid tho second will "bo l:ept as a reserve.
 5»   2he allocation, of tho first part of the quota for dried grapes
 ( C3.04 3 I ) has "been tuidertalren according to tho rules generally applied
 hitherto. Tho total, imports of each rfycciber State for 197^r ''97'' atri 1272
 hava "been expressed an a proportion of total Cossunity inports ever the
 eane period * The resulting poreentases have 130011 applied State "by Gtato
 to the vslune of tho first pert , the lost di /p.t cf the number of metric tons
"being rounded ©ff ( oee Annex)#
 6p Ilcwevor, it docs not sees appropriate to apply this rule to tho tariff
quota for dries fi^.i (ex 03.03 B) since i
      (a) import figures for certain Kenber States varied considerably froia
            yccsr to year j
      (b ) other I[caber "States inported none at allj
      (c ) total Cor&runity inperta are lov:cr than the agreed tariff quota
            voluaies ;'                             . ..  1 ♦ '
      (d ) it is difficult to forecast future imports •
 ---pagebreak---                                         . 3                    GUD/ 74V73-S
   In order ncve^cholecrs to allccaie the Cfuota volun© fairly cnong ths
   ISoKibor .States according to their respective sise3».tha CoKcisoion vcrha
   on the acmjaptioa that cave in esc optional ©aces each Keriber State zmst
   Ijo able to claia a considerable initial "benefit fron a Co^uuity
   aeas-ure of thic nature . She extent to vhich it cay Tjenefit nust
   reflect past requtrenonts and aixa to halnnco the Kcsfser States4
   advantages arid liabilities as far as pocrjililc .
   Accordingly the proposed allocation rrorka oz folloira ,     die ainvcrasi
   chare in the first part of the quota tall "bo ?
    ' (i ) 10% for States t-Mch previously effected no inporta ;
    (ii ) 10;j plua a quantity reflecting: pact iraports in the case of States
            vhich previously effected lou inports .
   Tho provision of a 10p chare in the first cane obviously reditors the
   percentage available to the other Ilealjer States "but * in view of the
    cise of the total quota volume an compared vith cpaantitios actually
    inported hitherto , thccc sther Keaber Statea iri.ll ctill he able to
    ircport as mch as they viEh .
                            ,cro ^already fixed in the IEC/Spain Agreenent
    itnelf.                                         '
  * ·*   « 9 *                    ν       ··;'· "··
- - u -, * Eie proposed 'Begulaticna provide for a single ncthod of
                      i
    adiiinictration "to "bo applied "by all Kesibor States , namely the
    "&a and VJhen" method .
 ---pagebreak---                                                                                                 ANNEX I
                                               PROPOSAL FOR A /
                                  REGULATION (EEC ) OF THE COUNCIL
                opening, allocating and providing for the administration of a Community tariff quota
                for dried figs falling within subheading ex OS,03 B of the Common Customs Tariff,
                originating in Spain and imported in immediate packings of a net capacity of 15 kg
                                                         or Iess
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the
  European Economic Community mid in particular
  Articles 43 and 113 thereof:
  Having regard to the proposal from the Commission ;
  Having regard to the Opinion of the European
  Parliament :
 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
 opening by the. Community of an annual Community
 tariff quota of 200 tons of 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;
 whereas, pursuant to Article 9 of the said Annex the
 quota duty is equal to 30 % of the Common Customs
 Tariff duty in respect of the product concerned;
 whereas therefore a Community tariff quota of 200
 metric tons at a duty rate 3 % for the product
 concerned should be opened for 197HJ
 Whereas it is in particular necessary to ensure to all
 Community importers equal and uninterrupted access
to the abovcmcntioned quota and uninterrupted
 application of the rate laid down for that quota to all
imports of the product concerned into all Member 1"'                       *
States until the quota has been used up; whereas,
 having regard to the principles mentioned above, the
Community nature of the quuUi can be respected by
allocating the Community tariri quota among the
Member States; whereas, in order to reflect most
accurately the actual development of the market in
the product concerned, such allocation should be in
proportion to the needs of the Member States,
assessed by reference both to the statistics of each
States imports from Spain over *a representative
period and jo the economic outlook for the quota
period concerned;
                                                                                                      • «■ / • # •
 ---pagebreak---   Whereas, during the last three years for which^
  statistics -are available, the' corresponding imports by
  each of the Member States represent the following
   percentages of the imports into the Community from
   Spain of the products concerned :
                   I
r .                                    1970             15>71       1972
   Germany
   Bcnckix                              30          100 f - 5t)   :
   France                               70                           mm
   Italy                                                          i  _
                                                                  i
                                                  i               u
   Whereas, in view ot these data and the estimates
   subii-iiacu by certain Member States as well as the
   practical need to ensure that the obiig.uioi.s
   contracted under rhc Agreement concerned are
   allocated fr.irly among all the Member States, isiii!.;l
   c;tioia shares may be fixed approximately at the
   following percentages :
                  Germany                     10
                 Bénélux                      30
                 France
                                              50
                 Italy                        10
   Whereas, in order to take into account import trends
   for the products concerned in the different Member
   States, the quota amount should be divided into two.
   instalments, the first instalment being allocated
 . among the Member States, and the second forming a
   reserve intended ultimately to cover the requirements
   of the Member States which have used up their initial
   quota shares ; whereas, in order to ensure a certain
   degree of security to importers in each Member State,
   the first instalment of the Community quota should
   be vu-icrmined at a level which, under present
   circumstances, may be 80 % of the quota amount ;
   Whereas, the initial quota shares of the Member
   States may be used up at different times ; whereas, ill
order to take this fact into account and avoid any
break in continuity, it is important that any Member
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
Member State as and when each of its additional
quota shares is almost entirely used up, and repeated
as many rimes as the reserve allows; whereas the
initial and additional quota shares must be available
for use until the *nd of the quota period ; whereas
this     method      of administration      calls   for     close
cooperation between Member States and the
Commission, which must, in particular, be able to .
observe the extent to which the quota amount is used
and inform Member States thereof;
 ---pagebreak--- Whereas if, ac a specified date in . the quota period, a
considerable balance remains in one or other-
Member State it is essential that that Member State ,
pays a large amount of it back into the reserve, . in
order to avoid a part of the Community-quota
 remaining unused in one Member State when it could
be used in others ;
Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the
 Benelux Economic Union, all transactions concerning
 the administration of shares granted to the
 abovcmcntioned Economic Union may be carried out
 by any one of its members ; •
  HAS ADOPTED THIS REGULATION :
                          Article 1
  As from 1 January 197^ and until 31 December 197£
  the Common Customs Tariff duty in respect of dried
  figs falling within subheading ex 08.03 11, originating
  in Spain and imported in immediate packings of a nci
  capacity not exceeding 15 kgs shall be partially
■ suspended at 3 % within the framework of a
  Community tariff quota of 200 tons.
                          Article 2
   1.    A first instalment, amounting to 160 tons of the
   Community tariff quota referred to in Article 1 shall
   be shared among the Member States ; the proportions
   which, subject to Article 5, shall be valid from 1
   January until 31 December , 197^ shall consist of the
   following amounts;
                 Germany                16
                 Bénélux                if8
               . France                 80
                 Italy                  16
 2. The second instalment, amounting to 40 tons,
 shall make up the reserve.        .■
                         Article 3
 1.     If 90% or more of the initial share . of a-
 Member State, as laid down in Article 2 ( 1 ), or 9(7%
 of that share less the amount returned into the
 reserve, where the provisions of Article 5 have been
 applied, has been exhausted, th'at Member State shall
 proceed without delay, by notifying the Commission,
 to draw a second share equal to 15 % of its initial
 share, rounded up to the next unit where
 appropriate, to the extent that the amount in the
 reserve allows.
 2. If, after its initial share has been exhausted,
 90 % or more of the second share drawn by a
 Member State has been used, that Member State shall "
 proceed without delay, by notifying the Commission,
 to draw a third share equal to^ 7-5 % of its initial
 share,    rounded up       to   the next unit     where „
 appropriate, to the extent that the amount in the
 reserve allows,
 ---pagebreak---                          3.     If, after its second share has been.exhausted,
                         90 % or more of the third share drawn by a Member
                         State has been used, that Member State shall proceed ,
                         pursuant to the provisions of paragraph 2, to draw a
                         fourth share equal to the third.
                         ^This process shall be applied until the reserve is
                          exhausted .
                          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 reason to believe that those shares might not
                          be used up. They shall inform the Commission of the
                          reasons which led them to apply this paragraph .
                                                       Article 4
                          The additional shares drawn pursuant to Article 3
                           shall be valid until 31 December 197
                                                        Article S
                           If, by 15 September 197$, a Member State has not
                           used up its initial share, it shall, not later than 10
                           October 197#, return to the reserve the unused
                      " portion of this share in excess of 20 % of the initial
                           amount. It may return a larger quantity if there are
                           reasons to consider that such quantity might not be
                           used .
                                 *            ... .     ■                      •
                          The Member States shall , not later than 10 October
                           197ft. notify the Commission of the total imports of
                       , the product concerned effected up to 15 September
                          197V- inclusive, and charged against the Community
                      -a                            appropriate, the proportion of their
                          initial share that is being returned to the reserve.
5; . - s t » I n g î î ? » .* * ?          « •*               •••■ '
•Ï'                   : : '■                           Article 6
                          The Commission shall keep account of the shares
                          opened by Member States in accordance with 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.                             • ■ :
                          The Commission shall, not later than 15 October
                          197f, notify Member States of the amount in the
                          reserve after the return of shares pursuant to
                          Article 5.
                          The Commission shall ensure that any drawing
                          which uses up the reserve is limited to the balance
                          available and, for this purpose, shall specify the
                          amount thereof to the Member State which makes
                          the final drawing.
 ---pagebreak---                                                   - 5 -
                                              Article 7
                    1 . The Member States shall take all appropriate
                    measures to ensure that, when additional shares arc
                    drawn pursuant to Article 3, it is possible for charges
                    to be made without interruption against their
                     Accumulated shares of the Community quota.
                   ■ 2.       The Member States shall guarantee to importers
                      of the product concerned established in their territory
                       free access to the shares allocated to them.
                      3.       The Member States shall charge imports of tin;
                      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
                       made available for consumption.
                       4.      The extent to which the Member States' shares
                      have been used up shall be recorded on the basis of
                       the imports charged in the conditions laid down in
                       paragraph 3.
                                                Article 8
                       Member States , shall inform the Commission at
                 - regular intervals of imports from Spain actually
                       charged against their shares.
                                                Article 9
                       The Member States and the Commission shall
                       cooperate closely in order to ensure that the
                       provisions of this Regulation are observed.
                                               Article ÎO
                             .   *
         at     .«
                        This hegi
                       This
                         %  *?
                               Regulation  shall enter into force on     January
          ■s.
ι «<*»        ·  «   -
   This Regulation shall be binding in its entirety and directly applicable in all Membe
   Stares.
   Done at Brussels,
                                                                              For the Council
                                                                               The President
 ---pagebreak---                                                                                                      XX
                                                  PROPOSAL FOR A
                                       REGULATION (EEC) OP THE COUNCIL
                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 . ,
                originating in Spain, imported in immediate packings of a net capacity of Is kg or
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing "the
European Economic Community and in particular
Articles 43 and 113 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European
Parliament ;                         <
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 1 for the opening
 by the Community of an annual duty-free
 Community tariff quota of 1 700 metric tons of dried
 grapes falling within subheading ex 08.04 B I of the
 Common Customs Tariff originating in Spain and
 imported in immediate packings of a net capacity of
 15 kg or less; whereas therefore a duty-free
 Community tariff quota of 1 700 metric tons should
 be opened for the product concerned for 197*/;
  Whereas it is in particular necessary to ensure to all
  Community importers equal and uninterrupted access
  to the abovcmcntioned quota and uninterrupted
  application of the rate laid down for that quota to all
  imports of the product concerned into all Member
  States until the quota has been used up ; whereas,
  having regard to the principles mentioned above, the • '
  Community nature of the {juotn can be respected by
   allocating the Community tariff quota among the
   Member States ; whereas, in order to reflect most
  accurately the actual development of the market in
   the product concerned, such allocation should be
   in proportion to the needs of the Member States,                             ..
   assessed by reference both to the statistics of each
   States' imports from Spain over a representative
   period and to the economic outlook for the quota
    period concerned ;
    Whereas, during the last three years for which .
    statistics are available, the corresponding imports by
    each of the Member States represent the following
    percentages of the imports into the Community from
    Spain of the products concerned :
                  4
                                                                                                        • • • /• •
 ---pagebreak---                                       1970         1971
                                                           . 1972
 . Germany     r                       2-6          2-1       ^.5
   Bénélux                            17-8        18-6
                                                             13,5
   France                             60-8        66-5       61,7 -•
   Italy                              ISS  .       12-8      20,3
  Whereas, in view of these data and the estimates
  submitted by certain Member States, initial quota
  shares may be fixed approximately at the following
  percentages :
                     Germany                   2, 8
                    Benclux                  17 »0
                     France                  63 , ^
                    Italy          .,        16,6
      /
  Whereas, in order to take into account import trends
   for the product concerned in the different Member
   States, the quota amount should be divided into two
  instalments, the first instalment being allocated among
   the Member States, and the second forming a reserve
  intended ultimatcJy to cover the requirements of the
   Member States which have used up their initial quota
  shares ; whereas, in order to ensure a certain degree of
  security to importers in each Member State, the first
   instalment of the Community quota should be de­
   termined at a level whirl*, under present circum­
   stances, may be 80 % of the quota amount;
  Whereas the initial quota 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 almost the whole of its initial
. quota 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
  quota shares is almost entirely used up, and repeated
  as many times as the reserve allows ; whereas the
  initial and additional quota shares must be available
  for use until the end of the quota period ; whereas
  this method of administration calls for close cooper­
  ation between Member States and the Commission,
  which must, in particular, be able to observe the cx-
 'tent to which the quota amount is used and inform
  Member States thereof;
 ---pagebreak--- 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
pays a large amount of it back into the reserve, in
order to avoid a part of the Community quota
remaining unused in one Member State when it could
be used in others;
Whereas, since the . Kingdom of Belgium the
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the
 Benelux Economic Union, all transactions concerning
 the administration of shares granted to the
 abovementioned Economic Union may be carried out
 by any one of its members;
  HAS ADOPTED THIS REGULATION:
                                    I
                            Article 1
  As from 1 January 197V and until 31 December 197*
  the Common Customs Tariff duty in respect of dried
  grapes falling within subheading ex 08.04 B I,
  originating in Spain and imported in immediate
  packing of a net capacity not exceeding 15 kg shall
   be entirely suspended within the framework of a
   Community tariff quota of 1 700 metric tons.
                             Article 2
   1.      A first instalment, amounting to 1 360 metric
   tons of the Community tariff quota referred to in
   Article 1 shall be shared among the Member States;,
    the proportions which, subject to Article 5, shall be
   valid from 1 January until 31 December 197ft, shall
    consist of the following amounts :
                 Germany               kO metric tons
                 Benelux              2j50 metric tons
               ' France               860 metric tons
                  Italy '             230 metric tons
     2.     The second instalment, amounting to 340 metric
     tons, shall make up the reserve.       .               ;
                              Article 3
      1 . If 90% or more of the initial share of a
      Member State, as laid down in Article 2 (1), or 90 fo
     of that share less the amount returned into the
      reserve, where the provisions of Article 5 have been
     applied, has been exhausted, that Member State shall
      proceed without delay, by notifying the Commission,
      to draw a second share equal to 15 % of its initial
      share, rounded up to the next unit w ere
      appropriate, to the extent that the amount in the
      reserve allows .
       2.    If, after its initial share has been exhausted,
       90 % or more of the second share drawn by a
       Member State has been used, that Member State shall
       proceed without delay, by notifying the Commission,
       to draw a third share equal to 7-5% of its initial
       share, rounded up to the next unit where
       appropriate, to the extent that the amount in the
        reserve allows.
 ---pagebreak---                                                      - if -
                           3.      If, after its second share has been exhausted,
                           90 % or more of the third share drawn by a Member        . ' '
                           State has been used, that Member State shall proceed,
                           pursuant to the provisions of paragraph 2, to draw a
                           fourth share equal to the third .
                           This process shall be applied until the reserve is
                           exhausted .
                           4. Notwithstanding the provisions of paragraph 1 .
                           2 and 3 , the Member States may proceed to draw ...              /
                           shares smaller than those fixed in those paragraphs, if      • ■
                            there is reason to believe that those shares might not
                            be used up. They shall inform the Commission of the
                            reasons which led them to apply this paragraph.
                                                      Article 4
                            The additional shares drawn pursuant to Article 3
                            shall be valid until 31 December 1974.
                                                     Article 5
                             If, by 15 September 1974, a Member State has not
                            used up its initial share, it shall, not later than 10
                            October 197^, return to the reserve the unused
                            portion of this share in excess of 20 % of the initial
                             amount. It may return a larger quantity if there are
                             reasons to consider that such quantity might not be
                             used .
                                 #
                         ! The Member States shall, not later than 10 October
                             197V, notify the Commission of the total imports' of
                             the product concerned effected up to 15 September
                        . 197.V inclusive, and charged against the Community
                             quota and, where appropriate, the proportion of their
■ %-'                        in!tvl'^harethatyis being returned to the reserve.
 ■ t. - f t » s n î'H'H Sî ? '               ' *     Article 6  ~ "
   Λ   » ι                    -
                          Thf Commission shall keep account of the share
                          opened by Member'States in accordance with 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.
                                                                           »
                                                                             «  *
                          The Commission shall, not later than 15 October
                          1973, notify Member States of the amount in the
                          reserve after the return of shares pursuant to Article 5.
                                            I
                          The Commission shall ensure that any drawing
                          which uses up the reserve is limited to the balance
                           available and, for this purpose, shall specify the
                       ' amount thereof to the Member State which makes
                          the final drawing.
 ---pagebreak---                                      Article 7
             1.    The Member States shall take all measures
              appropriate to ensure that, when additional shares
            rare drawn pursuant to Article 3 , it is possible for
              charges to be made without interruption against their
              accumulated shares of the Community quota .
              2.    The Member States shall guarantee to importers
              of the product concerned established in their territory
              free access to the share allocated to them .
             3.    The Member Slates shall charge imports of
             the product cum ernec' against their snares according                .
             as the product has been presented for Customs
             clearance under cover of declarations that it has been
             made-available for consumption .
             4.    The extent to which the Member States' shares
           • have been used up shall.be recorded on the basis of
             the imports charged in the conditions laid down in
             paragrap'h 3 .
                                      Article 8
          m
             Member States shall inform the Commission at
             regular intervals of imports from Spain actually
             charged against their quota shares.
                                     Article 9
             The    Member States      and    the  Commission   shall
             cooperate closely in order to ensure that the
             provisions of this Regulation arc observed.
                                     Article 10
             This "Regulation shall enter into force on      1 January 197 ^ •
This Regulation shall be binding in its entirety and directly aj>pli'cable in all Member
States.
Done at Brussels,
                              v                                       For the Council –
                                                                       The President