CELEX: 31985R3798
Language: en
Date: 1985-12-20
Title: Council Regulation (EEC) No 3798/85 of 20 December 1985 laying down detailed rules governing quantitative restrictions on imports into Spain of certain fruit and vegetables from third countries

No L 367 / 28                                Official Journal of the European Communities .                                  31 . 12 . 85
                                            COUNCIL REGULATION (EEC) No 3798 / 85
                                                          of 20 December 1985
                   laying down detailed rules governing quantitative restrictions on imports into Spain of certain
                                                fruit and vegetables from third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Spanish production expressed in volume over the last three
                                                                        years prior to accession for which statistics are available .
Having regard to the Treaty establishing the European
Economic Community ,
                                                                        3.     The minimum rate of increase of the quotas shall be
Having regard to the Act of Accession of Spain and Portugal ,           fixed in accordance with the procedure laid down in
                                                                        Article 3 .
hereinafter referred to as the 'Act', and in particular
Article 91 ( 3 ) thereof,
                                                                        The minimum rate of increase may differ according to the
Having regard to the proposal from the Commission ,                     product concerned .
Whereas Article 144 of the Act lays down that the Kingdom
of Spain may maintain quantitative restrictions on imports              The minimum rate of increase shall be fixed in the light of, in
of certain fruit and vegetables from third countries until              particular ,
31 December 198 9 ; whereas the Council must determine
detailed rules for the application of the said quantitative             — trade flows ,
restrictions ;
                                                                        — the state of bilateral and multilateral negotiations .
Whereas the Kingdom of Spain may maintain , until the same
date , quantitative restrictions on imports of the same
products from the Community as constituted at 3 1 December              4.      From 1 March to 31 December 1986 the quota to be
1985 ;                                                                  applied shall be equal to the initial quota , less one sixth .
Whereas the quantitative restrictions in question must not
                                                                        However , where quantitative restrictions do not apply
result in Community products being treated less favourably
                                                                        throughout an entire calendar year, special provisions ,
than products from third countries ;
                                                                        possibly involving a reduction of the initial quota , shall be
                                                                        adopted in accordance with the procedure laid down in
Whereas this Regulation is intended to apply to all third               Article 3 ( 1 ).
countries , without prejudice moreover to the protocols to be
concluded with preferential third countries in accordance
with Article 179 of the Act or to the transitional measures             5.      In the case of preferential countries , where the
referred to in Article 180 of the Act ; whereas it should be            protocols referred to in Article 179 of the Act or , failing that ,
stipulated , however , that the volumes of the quantitative             the autonomous measures taken by virtue of Article 180
restrictions fixed pursuant to the said Articles will be                thereof provide for quantitative restrictions , the quantities
included in those fixed for all third countries under the terms         resulting from the application of the aforesaid provisions
of this Regulation ;                                                    shall be fixed before the quantities for the other third
                                                                        countries , in accordance with the provisions of
Whereas , by virtue of Article 2 ( 3 ) of the Treaty of Accession       paragraph 2 .
of Spain and Portugal , the institutions of the Communities
may adopt , before accession , the measures referred to in
Article 91 of the Act ,
                                                                                                   Article 2
HAS ADOPTED THIS REGULATION :
                                                                         1.     That quota fixed for a product from a third country
                                                                        may not be greater than the quota fixed for the same product
                            Article 1
                                                                        from the Community as constituted at 31 December
                                                                         1985 .
1.     The quantitative restrictions on imports into Spain
from third countries of the fruit and vegetables referred to in
Article 144 of the Act and listed in the Annex to this                  2.      Should the Kingdom of Spain authorize imports of a
Regulation shall consist of annual quotas opened without                product from third countries in a quantity greater than that
discrimination between economic operators .                              fixed in the quota , the quota applicable to imports of the
                                                                        same product from the Community shall be increased by a
2.     The initial quota in 1986 for each product is hereby              quantity which is at least equal to the amount by which the
fixed within a range of between 0,1 and 0,5 % of the average            quota for imports from third countries is exceeded .
 ---pagebreak--- 31 . 12 . 85                              Official Journal of the European Communities                              No L 367 / 25
                              Article 3                              ( b ) the information to be communicated by Spain to the
                                                                            Commission .
1.     Detailed rules for the application of this Regulation
shall be adopted in accordance with the procedure laid down          They may provide for a staggering of imports over the
in Article 33 of Council Regulation ( EEC ) No 1035 / 72 of          year .
18 May 1 972 on the common organization of the market in
fruit and vegetables ( J ).
                                                                                                Article 4
2.     The detailed rules referred to in paragraph 1 shall
include in particular :                                              This Regulation shall enter into force on 1 March 1986 ,
                                                                     subject to the entry into force of the Treaty of Accession of
(a ) the fixing of the initial quota for each product ,              Spain and Portugal .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                     For the Council
                                                                                      The President
                                                                                      R. STEICHEN
 (») OJ No L 118 , 20 . 5 . 1972 , p. 1 .
 ---pagebreak--- No L 367 / 30                   Official Journal of the European Communities                                         31 . 12 . 85
                                                         ANNEX
                 CCT
              heading No                                        Description
                07.01    Vegetables , fresh or chilled :
                            B. Cabbages , cauliflowers and Brussels sprouts :
                                I. Cauliflowers
                            G. Carrtos , turnips , salad beetroot , salsify , celeriac , radishes and similar edible
                                roots :
                                ex II . carrots and turnips :
                                        —    carrots
                         ex H. onions , shallots and garlic :
                                — onions and garlic
                            M. Tomatoes
                08.02    Citrus fruit , fresh or dried :
                         A. Oranges
                         B. Mandarins ( including tangerines and satsumas ); Clementines , wilkings and other
                             similar citrus hybrids :
                             ex II . Other :
                                     — mandarins ( including tangerines and satsumas )
                         C. Lemons
                08.04    Grapes , fresh or dried :
                         A. Fresh
                             I. Table gr apes
                08.06    Apples , pears and quinces , fresh :
                         A. Apples
                         B. Pears
                 08.07   Stone fruit , fresh :
                            A. Apricots
                         ex B. Peaches , including nectarines :
                                — Peaches