CELEX: 31986R3740
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3740/86 of 28 November 1986 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 and originating in Spain (1987)

No L 353 / 4                               Official Journal of the European Communities                                  13 . 12 . 86
                                             COUNCIL REGULATION ( EEC) Np 3740/ 86
                                                           of 28 November 1986
                     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 and
                                                        originating in Spain ( 1987)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               respected by allocating the Community tariff quota among
                                                                          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
  Having regard to the Act of Accession of Spain and                      proportion to the requirements of the Member States ,
  Portugal and in particular Articles 30 and 75 thereof,                  calculated by reference to the statistics for imports from
                                                                          Spain over a representative reference period and also to the
                                                                          economic outlook for the quota period in question ;
  Having regard to the proposal from the Commission ,
                                                                         Whereas , during the last three years for which statistics are
  Whereas , according to Articles 30 and 75 of the Act of                available, the corresponding imports by each of the
  Accession , the duties applicable on the import into the               Member States represent the following percentages of the
  Community of Ten of dried grapes falling within                        imports into the Community from Spain of the products in
  subheading 08.04 B I of the Common Customs Tariff, and                 question :
  originating in Spain within the limits of a Community tariff
  quota of 1 900 tonnes shall be progressively abolished;
 whereas these duties are to be reduced to 75 % of-the basic
                                                                                     Member State          1983      1984       1985
 duties on 1 January 1987 ; whereas, by derogation from
 Article 30 of the Act of Accession , Council Regulation
                                                                         Benelux                             3         2       17,2
 ( EEC ) No 443 / 86 of 24 February 1986 concerning the
                                                                         Denmark                             2         5         2,1
 basic duties to be adopted in the Community of Ten for the
                                                                         Germany                             2         3         2,0
 purpose of calculating the successive reductions provided               Greece                             —         —          —
 for in the Act of Accession of Spain and Portugal (*)                   France                             80        83       68,2
 provides that the basic duties are those which actually have            Ireland                             1        —
                                                                                                                                 0,6
 been applied on 1 January 1986 ; whereas , therefore , to               Italy                              13         7         9,9
 establish the duties applicable on the import of these                  United Kingdom                     —         —          —
 products , a Community tariff quota should be opened for
 the period 1 January to 31 December 1987 for 1 900
 tonnes of dried grapes originating in Spain and falling
 within subheading 08.04 B I at the duty shown in the table              Whereas , in view of these factors and of the estimates
 in Article 1 ;                                                          submitted by certain Member States , initial quota shares
                                                                         may be fixed approximately at the following percentages:
 Whereas Council Regulation ( EEC ) No 3792 / 85 of                              Benelux                                   7,6
20 December 1985 laying down the arrangements applying                           Denmark                                   2,4
 to trade in agricultural products between Spain and                             Germany                                   2,0
Portugal ( 2 ) provides for particular rules for the import into                 Greece                                    0,5
Portugal of the products in question , originating in Spain;                     France                                   76,0
whereas , consequently , the Community tariff quotas are                         Ireland                                   0,5
only applicable in the Community of Ten ;                                        Italy                                    10,5
                                                                                 United Kingdom                            0,5
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to                   Whereas , in order to take into account import trends for
the abovementioned quota and uninterrupted application                  the products concerned in the various Member States , the
of the rates laid down for that quota to all imports, of the            quota amount should be divided into two instalments , the
products concerned into all Member States until the quota               first being shared among the Member States and the second
has been used up ; whereas having regard to the above                   constituting a reserve to cover at a later date the
principles , the Community nature of the quota can be                   requirements     of the Member States which have used up
                                                                        their initial    quota shares ; whereas , in order to give
                                                                        importers in      each Member State a certain degree of
                                                                        security , the   first instalment of the Community quota
(') OJ No L 50 , 28 . 2 . 1986 , p . 9 .                                might under the circumstances be fixed at 80 % of the
( 2 ) OJ No L 367 , 31 . 12 . 1985 , p . 7 .                            quota volume;
 ---pagebreak--- 13 . 12 . 86                                Official Journal of the European Communities                                     No L 353 / 5
Whereas the Member States' initial shares may be used up                    any tariff quota from remaining unused in one Member
at different times ; whereas , in order to take this fact into              State when it could be used in others ;
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share                      Whereas , since the Kingdom of Belgium , the Kingdom of
should draw an additional share from the reserve; whereas                   the Netherlands and the Grand Duchy of Luxembourg are
this must be done by each Member State as and when each                     united within and jointly represented by the Benelux
of its additional shares is almost used up and repeated as                  Economic Union , any operation relating to the
many times as the reserve allows ; whereas the initial and                  administration of the quota shares allocated to that
additional shares must be valid until the end of the quota                  economic union my be carried out by any of its members ,
period ; whereas this method of administration requires
close cooperation between the Member States and the
Commission , and the latter must be in a position to                        HAS ADOPTED THIS REGULATION :
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;
                                                                                                          Article 1
Whereas if, iat a given date in the quota period , a                        From 1 January to 31 December 1987 , on import into the
substantial quantity remains unused in any Member State ,                   Community of Ten , the duties for the following products
it is essential that the Member State should return a                       shall be totally suspended within the limits of a Community
significant proportion to the reserve to prevent a part of                  tariff quota as follows :
                                     CCT                                                           Amount            Rate
                    Order
                     No
                                    heading                       Description                     of quota          of duty
                                      No                                                           ( tonnes )         (% )
                  09.0303          08.04 B I      Dried grapes , originating in Spain                1 900           free
                            Article 2                                       2 . If, after its initial share has been used up , 90 % or
                                                                            more of the second share drawn by a Member State has
1 . A first instalment amounting to 960 tonnes of the                       been used up , then that Member State shall , in accordance
Community tariff quota referred to in Article 1 shall be                    with the conditions laid down in paragraph 1 , draw a third
shared among the Member States; the respective shares                       share equal to 7,5 % of its initial share , rounded up where
which , subject to Article 5 , shall be valid until                         necessary to the next unit.
31 December 1987 , shall be as follows :
                                                      (tonnes)
        Benelux                                        115                  3 . If, after its second share has been used up , 90 % or
        Denmark                                          40                 more of the third share drawn by a State has been used up ,
        Germany                                          30                 that Member State shall , in accordance with the conditions
        Greece                                            1                 laid down in paragraph 1 , draw a fourth share equal to the
        France                                         600                  third .
        Ireland                                           7
        Italy                                          160
        United Kingdom                                    7                 This process shall continue until the reserve is used up .
2 . The second instalment of 940 tonnes shall constitute
the reserve .
                                                                            4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                            Member State may draw shares smaller than those fixed in
                             Article 3
                                                                            those paragraphs if there are grounds for believing that
                                                                            they might not be used up . It shall inform the Commission
1.   If 90 % or more of a Member State's initial share as
                                                                            of its reasons for applying this paragraph .
specified in Article 2 ( 1 ), or 90 % of that share minus the
portion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by
the amount of the reserve , that Member State shall                                                       Article 4
forthwith , by notifying the Commission , draw a second
share equal to 15 % of its initial share , rounded up where                 The additional shares drawn pursuant to Article 3 shall be
necessary to the next unit.                                                 valid until 31 December 1987 .
 ---pagebreak--- No L 353 / 6                                Official Journal of the European Communities                                 13 . 12 . 86
                            Article S                                                            Article 7
The Member States shall return to the reserve, not later                1 . The Member States shall take all measures necessary to
than 1 October 1987 , such unused portion of their initial             ensure that additional shares drawn pursuant to Article 3
share as , on 15 September 1987 , is in excess of 20 % of the          are opened in such a way that imports may be charged
initial volume . They may return a larger quantity if there            without interruption against their accumulated shares of
are grounds for believing that this quantity may not be                the Community tariff quota .
used . '
                                                                       2 . The Member States shall ensure that importers of the
                                                                       products in question have free access to the shares allocated
                                                                       to them .
The Member States shall notify the Commission , not later
than 1 October 1987 , of the total quantities of the products
in question imported up to 15 September 1987 and charged               3 . The Member States shall charge the imports of the
against the tariff quota and of any quantity of the initial            products concerned against their shares as and when the
shares returned to the reserve .                                       products are entered with customs authorities for free
                                                                       circulation .
                                                                       4 . The extent to which a Member State has used up its
                                                                       shares shall be determined on the basis of the imports
                           Article 6
                                                                       charged in accordance with paragraph 3 .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3                                        Article 8
and , as soon , as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .            At the Commission's request the Member States shall
                                                                       inform it of imports actually charged against their shares .
It shall inform the Member States not later than 5 October
                                                                                                Article 9
1986 of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
                                                                       The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end ,                                      Article 10
notify the amount of that balance to the Member State
making the last drawing .                                             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 1986 .
                                                                                          For the Council
                                                                                            The President
                                                                                           A. RUMBOLD