CELEX: 31985R3391
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3391/85 of 18 November 1985 opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and originating in Cyprus (1986)

No L 327 / 22                                 Official Journal of the European Communities                                  6 . 12 . 85
                                             COUNCIL REGULATION ( EEC ) No 33*91 / 85
                                                           of 18 November 1985
               opening, allocating and providing for the administration of a Community tariff quota for certain
               dried grapes falling within subheading No 08.04 B I of the Common Customs Tariff and
                                                       originating in Cyprus ( 1986)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                has been used up ; whereas, having regard to the above
                                                                         principles , the Community nature of the quota can be
                                                                         respected by allocating the Community tariff quota among
Having regard to the Treaty establishing the European                    the Member States ; whereas , in order to reflect as
Economic Community , and in particular Article 113                       accurately as possible the true trend of the market in the
thereof,                                                                 products in question , such allocation should be in
                                                                         proportion to the requirements of the Member States ,
                                                                         calculated by reference to the statistics for imports from
Having regard to the proposal from the Commission ,                      Cyprus over a representative reference period and also to
                                                                         the economic outlook for the quota period in question ;
Whereas the Supplementary Protocol to the Agreement
establishing an Association between the European
Economic Community and Cyprus (*) came to an end on
31 December 1980 ;                                                       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
Whereas to avoid interruption of its trade relations with                import into the Community from Cyprus of the products in
that country , the Community has made applicable for 1984                question :
the provisions of the abovementioned Protocol in Council
Regulation ( EEC ) No 3700 / 83 of 22 December 1983
laying down the arrangements applicable to trade with
                                                                                     Member State          1982      1983       1984
Cyprus ( 2 );
                                                                         Benelux                            10        28         65
Whereas , pending the definition of arrangements applicable              Denmark                             1         1         —
beyond 31 December 1984 , it is necessary to extend
                                                                         Germany                            15                   19
provisionally for 1986 the arrangements which the
                                                                                                                      —
                                                                         Greece
Community applies currently to trade with Cyprus on the
                                                                                                            —         —          —
                                                                         France                             11         7
basis of the abovementioned Supplementary Protocol ;                                                                             —
                                                                         Ireland                            —         —          —
                                                                         Italy
Whereas the abovementioned Supplementary Protocol
                                                                                                            —         —          —
provides for the opening of an annual duty-free                          United Kingdom                     63        64         16
Community tariff quota of 500 tonnes of certain dried
grapes falling within subheading 08.04 B I of the Common
Customs Tariff and originating in Cyprus ; whereas this
Community tariff quota should be opened for the period
1 January to 31 December 1986 ;                                          Whereas , in view of these factors of market forecasts for
                                                                         the products in question and in particular of the estimates
                                                                         submitted by certain Member States , initial quota shares
Whereas , in the absence of a Protocol such as that provided             may be fixed approximately at the following percentages:
for in Articles 179 and 366 of the Act of Accession of Spain
and Portugal , the Community must take the measures                               Benelux                                 28,0
referred to in Articles 180 and 367 of the said Act ; whereas                     Denmark                                   1,3
the tariff measure in question therefore applies to the                           Germany                                   2,5
Community of Ten ;                                                                Greece                                    0,5
                                                                                  France                                    3,7
                                                                                  Ireland                                   1,3
Whereas it is in particular necessary to ensure for all
                                                                                  Italy                                     0,7
Community importers equal and uninterrupted access to
                                                                                  United Kingdom                          52,0
the abovementioned quota and uninterrupted application
of the rates laid down for that quota to all imports of the
products concerned into all Member States until the quota
                                                                         Whereas , in order to take into account import trends for
                                                                         the products concerned in the various Member States, the
                                                                          quota amount should be divided into two instalments, the
                                                                          first being shared among the Member States and the second
H OJ No L 172 , 28 . 6 . 1978 , p . 2 .                                  constituting a reserve to cover at a later date the
( 2 ) OJ No L 369 , 30 . 12 . 1983 , p . 1 .                             requirements of the Member States which have used up
 ---pagebreak---  6 . 12 . 85                              Official Journal of the European Communities                                No L 327 / 23
 their initial quota shares ; whereas , in order to give                                                                 (tonnes)
 importers in each Member State a certain degree of                          Benelux                                       153
 security, the first instalment of the Community quota                       Denmark                                         5
 should under the circumstances be fixed at 80 % of the                      Germany                                        10
 quota volume ;                                                              Greece                                          2
                                                                             France                                         15
                                                                             Ireland                                         5
 Whereas the Member States' initial shares may .be used up                   Italy                                           3
 at different times ; whereas , in order to take this fact into
                                                                             United Kingdom                               207
 account and avoid any break in continuity , any Member
 State which has almost used up its initial quota share
 should draw an additional share from the corresponding              3.   The second instalment of 100 tonnes shall constitute
reserve ; whereas this must be done by each Member State             the reserve .
as and when each 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                                      Article 3
requires close cooperation between the Member States and
the Commission , and the latter must be in a position to             1.   If 90 % or more of a Member State's initial share as
monitor the extent to which the quota volume has been                specified in Article 2 ( 2 ) or 90 % of that share minus the
used up and to inform the Member States thereof;                     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
Whereas if, at a given date in the quota period , a                  forthwith , by notifying the Commission , draw a second
substantial quantity remains unused in any Member State ,            share equal to 15 % of its initial share , rounded up where
it is essential that that Member State should return a
                                                                     necessary to the next unit .
significant proportion to the reserve to prevent a part of
any tariff quota from remaining unused in one Member
State when it could be used in others ;                              2 . If, after its initial share has been used up , 90 % or
                                                                     more of the second share drawn by a Member State has
                                                                     been used up , then , to the extent permitted by the amount
Whereas , since the Kingdom of Belgium , the Kingdom of              of the reserve , that Member State shall , in accordance with
the Netherlands and the Grand Duchy of Luxembourg are                the conditions laid down in paragraph 1 , draw a third
united within and jointly represented by the Benelux                 share equal to 7,5 % of its inital share , rounded up where
Economic Union , any operation relating to the                       necessary to the next unit.
administration of the quota shares allocated to that
                                                                                                                           V
economic union may be carried out by any of its
members ,                                                            3 . If, after its second share has been used up , 90 % or
                                                                     more of the third share drawn by a Member State has been
                                                                     used up , that Member State shall , in accordance with the
                                                                     conditions laid down in paragraph 1 , draw a fourth share
                                                                     equal to the third .
HAS ADOPTED THIS REGULATION :
                                                                     This process shall continue until the reserve is used up .
                           Article 1
                                                                     4 . By way of derogation from paragraphs 1 , 2 and 3 , a
                                                                     Member State may draw shares smaller than those fixed in
From 1 January to 31 December 1986 the Common                        those paragraphs if there are grounds for believing that
Customs Tariff duty , on import into the Community of                they might not be used up . It shall inform the Commission
Ten , for dried grapes , in immediate containers of a net            of its reasons for applying this paragraph .
capacity of 15 kilograms or less , falling within subheading
08.04 B I of the Common Customs Tariff and originating
in Cyprus shall be totally suspended within the limits of a
Community tariff quota of 500 tonnes .                                                           Article 4
                                                                     The additional shares drawn pursuant to Article 3 shall be
                                                                     valid until 31 December 1986 .
                           Article 2
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
                                                                                                 Article 5
2 . A first instalment amounting to 400 tonnes shall be              The Member States shall return to the reserve , not later
allocated among the Member States ; the respective shares            than 1 October 1986 , such unused portion of their initial
which , subject to Article 5 ,         shall be valid until          share as , on 15 September 1986 , is in excess of 20 % of the
31 December 1986 shall be as follows :                               initial volume . They may return a larger quantity if there
 ---pagebreak--- No L 327 / 24                             Official Journal of the European Communities                                   6 . 12 . 85
are grounds for believing that this quantity may not be              without interruption against their accumulated shares of
used .                                                               the tariff quota .
The Member States shall notify the Commission , not later            2 . The Member States shall ensure that importers of the
than 1 October 1986 of the total quantities of the products          products in question have free access to the shares allocated
in question imported up to 15 September 1986 and charged             to them .
against the tariff quota and of any quantity of the initial
shares returned to the reserve .                                     3 . The Member States shall charge the imports of the
                                                                     products concerned against their shares as and when the
                                                                     products are entered with customs authorities for free
                           Article 6                                 circulation .
The Commission shall keep an account of the shares                   4 . The extent to which a Member State has used up its
opened by the Member States pursuant to Articles 2 and 3             shares shall be determined on the basis of the imports
and , as soon as it is notified , shall inform each Member           charged in accordance with paragraph 3 .
State of the extent to which the reserve has been used up .
                                                                                               Article 8
It shall inform the Member States , not later than 5 October
1986 of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .                        At the Commission's request , the Member States shall
                                                                     inform it of imports of the products concerned actually
It shall ensure that the drawing which exhausts the reserve          charged against their shares .
does not exceed the balance available and , to this end ,
notify the amount of that balance to the Member State                                          Article 9
making the last drawing .
                                                                     The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
                           Article 7
1 . The Member States shall take all measures necessary to                                    Article 10
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged                 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 Brussels , 18 November 1985 .
                                                                                         For the Council
                                                                                           The President
                                                                                          M. FISCHBACH