CELEX: 31973R0424
Language: en
Date: 1973-02-05 00:00:00
Title: Regulation (EEC) No 424/73 of the Council of 5 February 1973 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, originating in Spain, imported in immediate packings of a net capacity of 15 kg or less

5 . 3 . 73                           Official Journal of the European Communities                           No L 59 /37
                               REGULATION (EEC) No 424/73 OF THE COUNCIL
                                                   of 5 February 1973
               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,
               originating in Spain, imported in immediate packings of a net capacity of 15 kg or less
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                      1969         1970          1971
Having regard to the Treaty establishing the
European Economic Community and in particular                   Germany                6- 3         2-6           2-1
Articles 43 and 113 thereof;
                                                                Benelux              17-0          17-8         18-6
                                                                France               76-7          60-8         66-5
Having regard to the proposal from the Commission ;
                                                                Italy                  —           18-8         12-8
Having regard to the Opinion of the European
Parliament;
                                                                Whereas, in view of these data and the estimates
Whereas the Agreement between the European                      submitted by certain Member States, initial quota
Economic Community and Spain , signed at                        shares may be fixed approximately at the following
Luxembourg on 29 June 1970, provides in Article 2               percentages :
( 1 ) together with Article 9 of Annex I for the opening
by the Community of an annual duty-free
                                                                                  Germany            6-0
Community tariff quota of 1 700 metric tons of dried
grapes falling within subheading ex 08.04 B I of the                              Benelux           17-0
Common Customs Tariff originating in Spain and
imported in immediate packings of a net capacity of                               France            64-3
15 kg or less ; whereas therefore a duty-free
Community tariff quota of 1 700 metric tons should                                Italy            12-7 ;
be opened for the product concerned for 1973 ;
                                                                Whereas, in order to take into account import trends
Whereas it is in particular necessary to ensure to all          for the product concerned in the different Member
Community importers equal and uninterrupted access              States, the quota amount should be divided into two
to the abovementioned quota and uninterrupted                   instalments, the first instalment being allocated among
application of the rate laid down for that quota to all         the Member States , and the second forming a reserve
imports of the product concerned into all Member                intended ultimately to cover the requirements of the
States until the quota has been used up ; whereas,              Member States which have used up their initial quota
having regard to the principles mentioned above, the            shares ; whereas, in order to ensure a certain degree of
Community nature of the quota can be respected by               security to importers in each Member State, the first
allocating the Community tariff quota among the                 instalment of the Community quota should be de­
Member States ; whereas, in order to reflect most               termined at a level which, under present circum­
accurately the actual development of the market in              stances, may be 80 % of the quota amount;
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            Whereas the initial quota shares of the Member
 States ' imports from Spain over a representative              States may be used up at different times ; whereas, in
period and to the economic outlook for the quota                order to take this fact into account and avoid any
period concerned ;                                              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
Whereas, during the last three years for which                  from the reserve ; whereas, this must be done by each
statistics are available, the corresponding imports by          Member State as and when each of its additional
each of the Member States represent ; the following             quota shares is almost entirely used up, and repeated
percentages of the imports into the Community from              as many times as the reserve allows ; whereas the
Spain of the products concerned :                               initial and additional quota shares must be available
 ---pagebreak---  No L 59 /38                        Official Journal of the European Communities                                 5 . 3 . 73
 for use until the end of the quota period; whereas            of that share less the amount returned into the
 this method of administration calls for close cooper­         reserve, where the provisions of Article 5 have been
 ation between Member States and the Commission,               applied, has been exhausted, that Member State shall
 which must, in particular, be able to observe the ex­         proceed without delay, by notifying the Commission ,
 tent to which the quota amount is used and inform             to draw a second share equal to 15 % of its initial
 Member States thereof;                                       share, rounded up to the next unit where
                                                               appropriate, to the extent that the amount in the
 Whereas if, at a specified date in the quota period, a        reserve allows .
 considerable balance remains in one or other
Member State it is essential that that Member State            2.    If, after its initial share has been exhausted,
pays a large amount of it back into the reserve, in           90 % or more of the second share drawn by a
 order to avoid a part of the Community quota                 Member State has been used, that Member State shall
 remaining unused in one Member State when it could            proceed without delay, by notifying the Commission,
be used in others ;                                            to draw a third share equal to 7-5 % of its initial
                                                              share, rounded up to the next unit where
Whereas, since the . Kingdom of Belgium, the                   appropriate, to the extent that the amount in the
Kingdom of the Netherlands and the Grand Duchy of             reserve allows .
Luxembourg are united in and represented by the
Benelux Economic Union, all transactions concerning           3.     If, after its second share has been exhausted ,
the administration of shares granted to the                   90 % or more of the third share drawn by a Member
abovementioned Economic Union may be carried out
                                                              State has been used, that Member State shall proceed,
by any one of its members ;
                                                               pursuant to the provisions of paragraph 2, to draw a
                                                              fourth share equal to the third .
 HAS ADOPTED THIS REGULATION :
                                                              This process shall be applied until the reserve is
                                                              exhausted .
                        Article 1
                                                              4.     Notwithstanding the provisions of paragraph 1 ,
As from 1 January 1973 and until 31 December 1973 ,
                                                              2 and 3 , the Member States may proceed to draw
the Common Customs Tariff duty in respect of dried
grapes falling within subheading ex 08.04 B I,
                                                              shares smaller than those fixed in those paragraphs, if
                                                               there is reason to believe that those shares might not
originating in Spain and imported in immediate
                                                              be used up . They shall inform the Commission of the
packing of a net capacity not exceeding 15 kg shall
 be entirely suspended within the framework of a              reasons which led them to applv this paragraph .
Community tariff quota of 1 700 metric tons .
                                                                                        Article 4
                        Article 2
1.     A first instalment, amounting to 1 360 metric          The additional shares drawn pursuant to Article 3
tons of the Community tariff quota referred to in             shall be valid until 31 December 1973 .
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 1973 , shall                                    Article 5
consist of the following amounts :
             Germany           80 metric tons
                                                              If, by 15 September 1973 , a Member State has not
             Benelux         230 metric tons                  used up its initial share, it shall, not later than 10
                                                              October 1973 , return to the reserve the unused
             France          880 metric tons
                                                              portion of this share in excess of 20 % of the initial
             Italy           170 metric tons .                amount. It may return a larger quantity if there are
                                                              reasons to consider that such quantity might not be
                                                              used .
2.     The second instalment, amounting to 340 metric
tons , shall make up the reserve.
                                                              The Member States shall, not later than 10 October
                                                              1973 , notify the Commission of the total imports of
                        Article 3                             the product concerned effected up to 15 September
                                                              1973 inclusive, and charged against the Community
1.     If 90 %     or more of the initial share of a          quota and, where appropriate, the proportion of their
Member State, as laid down in Article 2 ( 1 ), or 90 %        initial share that is being returned to the reserve.
 ---pagebreak---  5.3.73                             Official Journal of the European Communities                         No L 59 /39
                         Article 6                             3.    The Member States shall charge imports of
                                                               the product concerned against their shares according
The Commission shall keep account of the share                 as the product has been presented for Customs
opened by Member States in accordance with Articles            clearance under cover of declarations that it has been
2 and 3 and shall inform each of them of the extent            made available for consumption.
to which the reserve has been used as soon as it
receives the notifications .                                   4.    The extent to which the Member States ' shares
                                                               have been used up shall, be recorded on the basis of
The Commission shall, not later than 15 October                the imports charged in the conditions laid down in
1973 , notify Member States of the amount in the               paragraph 3 .
reserve after the return of shares pursuant to Article 5 .
                                                                                       Article 8
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            Member States shall inform the         Commission    at
amount thereof to the Member State which makes                 regular intervals of imports from Spain actually
the final drawing.                                             charged against their quota shares .
                                                                                       Article 9
                        Article 7
                                                               The   Member     States  and    the  Commission   shall
1.    The Member States shall take all measures
                                                               cooperate closely in order to ensure that the
appropriate to ensure that, when additional shares             provisions of this Regulation are observed.
are drawn pursuant to Article 3 , it is possible for
charges to be made without interruption against their
accumulated shares of the Community quota.                                            Article 10
2.    The Member States shall guarantee to importers           This Regulation shall enter into force on the third
of the product concerned established in their territory        day following its publication in the Official Journal
free access to the share allocated to them .                   of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 February 1973 .
                                                                                     For the Council
                                                                                      The President
                                                                                  R. VAN ELSLANDE