CELEX: 31985R3133
Language: en
Date: 1985-10-22 00:00:00
Title: Council Regulation (EEC) No 3133/85 of 22 October 1985 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 (1986)

16 . 11 . 85                            Official Journal of the European Communities                                  No L 304 / 11
                                         COUNCIL REGULATION ( EEC ) No 3133 / 85
                                                       of 22 October 1985
               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
                                                               ( 1986 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                  Member State            1982      1983       1984
                                                                       Benelux                              2         3          2
                                                                        Demark                             —
                                                                                                                      2          5
                                                                       Germany                              2         2          3
Having regard to the Treaty establishing the European                   Greece                             —         —          —
 Economic Community , and in particular Article 113                    France                              73        80         83
 thereof,                                                              Ireland                              1         1         —
                                                                       Italy                               21        13          7
                                                                        United Kingdom                      1        —          —
 Having regard to the proposal from the Commission ,
Whereas an Agreement between the European Economic                     Whereas , in view of these factors and of the estimates
 Community and Spain ( ! ) was concluded on 29 June                    submitted by certain Member States , initial quota shares
 1970 :                                                                may be fixed approximately at the following percentages:
 Whereas the Community committed itself, under this                            Benelux                                     9,9
 Agreement, to opening an annual Community tariff quota                        Denmark                                     1,0
 of 1 900 tonnes of dried grapes falling within subheading                     Germany                                     3,6
08.04 B I of the Common Customs Tariff, originating in                         Greece                                      0,1
 Spain and imported in immediate packings of a net capacity                    France                                    42,1
of 15 kilograms or less ; whereas this Community tariff                        Ireland                                     0,6
 quota should be opened for 1986 ;                                             Italy                                       8,0
                                                                               United Kingdom                             34,7
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
respected by allocating the Community tariff quota among
the Member States ; whereas , in order to reflect as
                                                                       their initial quota shares ; whereas , in order to give
                                                                       importers in each Member State a certain degree of
accurately as possible the true trend of the market in the
                                                                       security , the first instalment of the Community quota
products in question , such allocation should be in
                                                                       might under the circumstances be fixed at 80 % of the
proportion to the requirements of the Member States ,
                                                                       quota volume ;
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 ;
                                                                       Whereas the Member States' initial shares may be used up
                                                                       at different times ; whereas , in order to take this fact into
Whereas , during the last three years for which statistics are         account and avoid any break in continuity , any Member
available, the corresponding imports by each of the                    State which has almost used up its initial quota share
Member States represent the following percentages of the               should draw an additional share from the reserve; whereas
imports into the Community from Spain of the products in               this must be done by each Member State as and when each
question :                                                             of its additional shares is almost used up and repeated as
                                                                       many times as the reserve allows ; whereas the initial and
                                                                       additional shares must be valid until the end of the quota
                                                                      period ; whereas this method of administration requires
                                                                      close cooperation between the Member States and the
(') OJ No L 182 , 16 . 8 . 1970 , p. 1 .                              Commission , and the latter must be in a position to
 ---pagebreak--- No L 304 / 12                             Official Journal of the European Communities                                  16 . 11 . 85
monitor the extent to which the quota volume has been                forthwith , by notifying the Commission , draw a second
used up and to inform the Member States thereof;                     share equal to 15 % of its initial share , rounded up where
                                                                     necessary to the next unit.
Whereas if, at a given date in the quota period , a
substantial quantity remains unused in any Member State,             2 . If, after its initial share has been used up , 90 % or
it is essential that the Member State should return a
                                                                     more of the second share drawn by a Member State has
significant proportion to the reserve to prevent a part of           been used up , then that Member State shall , in accordance
any tariff quota from remaining unused in one Member                 with the conditions laid down in paragraph 1 , draw a third
State when it could be used in others;
                                                                     share equal to 7,5 % of its initial share, rounded up where
                                                                     necessary to the next unit .
Whereas, since the Kingdom of Belgium , the Kingdom of
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux                 3 . If, after its second share has been used up , 90 % or
Economic Union , any operation relating to the                       more of the third share drawn by a State has been used up ,
administration of the quota shares allocated to that                 that Member State shall , in accordance with the conditions
economic union my be carried out by any of its members ,             laid down in paragraph 1 , draw a fourth share equal to the
                                                                     third .
                                                                     This process shall continue until the reserve is used up .
HAS ADOPTED THIS REGULATION :
                                                                     4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                     Member State may draw shares smaller than those fixed in
                            Article 1                                those paragraphs if there are grounds for believing that
                                                                     they might not be used up . It shall inform the Commission
From 1 January to 31 December 1986 , the Common                      of its reasons for applying this paragraph .
Customs Tariff duty in respect of dried grapes falling
within subheading 08.04 B I, originating in Spain and
imported in immediate containers of a net capacity not
exceeding 15 kilograms shall be entirely suspended within                                       Article 4
the limits of a Community tariff quota of 1 900 tonnes .
                                                                     The additional shares drawn pursuant to Article 3 shall be
                                                                     valid until 31 December 1986 .
                            Article 2
                                                                                                Article 5
1 . A first instalment amounting to 1 520 tonnes of the
Community tariff quota referred to in Article 1 shall be
shared among the Member States; the respective shares                The Member States shall return to the reserve, not later
which , subject to Article 5 , shall be valid until                  than 1 October 1986 such unused portion of their initial
31 December 1986 shall be as follows :                               share as , on 15 September 1986 , is in excess of 20 % of the
                                                                     initial volume . They may return a larger quantity if there
                                                   (tonnes)          are grounds for believing that this quantity may not be
                                                                     used .
        Benelux                                       150
        Denmark                                        15
        Germany                                        55
                                                                     The Member States shall notify the Commission , not later
        Greece                                          1
        France                                        640
                                                                     than 1 October 1986 of the total quantities of the products
        Ireland                                        10
                                                                     in question imported up to 15 September 1986 and charged
                                                                     against the tariff quota and of any quantity of the initial
        Italy                                         120
                                                                     shares returned to the reserve .
        United Kingdom                                529
2.   The second instalment of 380 tonnes shall constitute
                                                                                                Article 6
the reserve .
                                                                     The Commission shall keep an account of the shares
                                                                     opened by the Member States pursuant to Articles 2 and 3
                             Article 3                               and , as soon, as it is notified , shall inform each Member
                                                                     State of the extent to which the reserve has been used up .
 1.  If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the
portion returned to the reserve where Article 5 has been             It shall inform the Member States not later than 5 October
applied , has been used up , then , to the extent permitted by       1986 of the amount in the reserve after quantities have
the amount of the reserve, that Member State shall                   been returned thereto pursuant to Article 5 .
 ---pagebreak--- 16 . 11 . 85                            Official Journal of the European Communities                            No L 304 / 13
It shall ensure that the drawing which exhausts the reserve        4 . The extent to which a Member State has used up its
does not exceed the balance available and , to this end ,          shares shall be determined on the basis of the imports
notify the amount of that balance to the Member State              charged in accordance with paragraph 3 .
making the last drawing.
                                                                                             Article 8
                           Article 7
1 . The Member States shall take all measures necessary to         At the Commission's request the Member States shall
ensure that additional shares drawn pursuant to Article 3          inform it of imports actually charged against their shares .
are opened in such a way that imports may be charged
without interruption against their accumulated shares of
the Community tariff quota .                                                                 Article 9
2 . The Member States shall ensure that importers of the           The Member States and the Commission shall cooperate
products in question have free access to the shares allocated      closely to ensure that this Regulation is complied with .
to them .
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the                                     Article 10
products are entered with customs authorities for free
circulation .                                                      This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Luxembourg, 22 October 1985 .
                                                                                       For the Council
                                                                                         The President
                                                                                          J. F. POOS