CELEX: 31977R3007
Language: en
Date: 1977-12-20 00:00:00
Title: Council Regulation (EEC) No 3007/77 of 20 December 1977 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, originating in Spain (1978)

No L 355/4                           Official Journal of the European Communities                             31 . 12. 77
                                    COUNCIL REGULATION (EEC) No 3007/77
                                                  of 20 December 1977
               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, originating in Spain ( 1978)
THE COUNCIL OF THE EUROPEAN                                     State s imports of the said products from Spain over a
COMMUNITIES,                                                    representative period and the economic outlook for
                                                                the quota period in question ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 43               Whereas, during the last three years for which statis­
and 113 thereof,                                                tics are available, the corresponding imports by each
                                                                of the Member States represent the following percen­
                                                                tages of the imports into the Community from Spain
Having regard to the proposal from the Commission,              of the products concerned :
Having regard to the opinion of the European Parlia­                      Member States        1974     1975        1976
ment (J),
                                                                Benelux                         8-3      9-3       11-4
Whereas the Agreement between the European                      Denmark                         —        2-4         —
Economic Community and Spain (2) provides for                   Germany                         2-8      2-6         7-2
                                                                France                         40-3     48-8       38-3
opening by the Community of an annual Community                 Ireland                         0-5      1-0         0-3
tariff quota of 1 700 tonnes of dried grapes falling                                            9-3      5-9         8-4
                                                                Italy
within subheading ex 08.04 B I of the Common                    United Kingdom                 38-8     300        34-4
Customs Tariff, originating in Spain and imported in
immediate packings of a net capacity of 15 kilograms
or less ; whereas these preferential tariff arrangements
were laid down only for imports of these products               Whereas, in view of these factors and of the estimates
into the Member States of the Community as origi­               submitted by certain Member States, initial quota
nally constituted ; whereas under the Act of Accession,         shares may be fixed approximately at the following
imports of the products into the three new Member               percentages :
States are subject to Common Customs Tariff duties
with effect from 1 January 1978 ; whereas the import                     Benelux                               9-9
arrangements for these products should be uniform                        Denmark                               10
throughout the Community ; whereas this Commu­                           Germany                               3-6
nity tariff quota should be opened for the year 1978 ;                   France                               42-7
whereas the abovementioned quota amount should                           Ireland                               0-6
therefore be increased to 1 900 tonnes ; whereas this                    Italy                                 80
Community tariff quota should be opened for 1978 ;                       United Kingdom                       34-2 ;
Whereas it is in particular necessary to ensure to all          Whereas, in order to take into account import trends
Community importers equal and uninterrupted access               for the product concerned in the different Member
to the abovementioned quota and uninterrupted appli­             States, the quota amount should be divided into two
cation of the rate laid down for that quota to all               tranches, the first tranche being allocated among the
imports of the product concerned into all Member                Member States, and the second forming a reserve
States until the quota has been used up ; whereas,               intended ultimately to cover the requirements of the
having regard to the principles mentioned above, the             Member States which have used up their initial quota
Community nature of the quota can be respected by                shares ; whereas, in order to ensure a certain degree of
allocating the Community tariff quota among the                  security to importers in each Member State, the first
Member States ; whereas, in order to reflect more accu­          tranche of the Community quota should be deter­
rately the actual development of the market in the               mined at a level which, under present circumstances,
product concerned, such allocation should be in                  may be 80 % of the quota amount ;
proportion to the needs of the Member States,
assessed by reference to both the statistics of each
                                                                 Whereas the initial quota shares of the Member States
 (') Opinion delivered on 16 December 1977 (not yet              may be used up at different times ; whereas, in order
     published in the Official Journal).                         to take this fact into account and avoid any break in
 (2) OJ No L 182, 16. 8 . 1970, p. 2.                            continuity, it is important that any Member State
 ---pagebreak---  31 . 12. 77                        Official Journal of the European Communities                              No L 355/ 5
 having used up almost the whole of its initial quota                                   Article 3
 share should draw an additional quota share from the
 reserve ; whereas, this must be done by each Member           1.    If 90 % or more of the initial share of a Member
State as and when each of its additional quota shares          State, as laid down in Article 2 ( 1 ), or 90 % or more of
 is almost entirely used up, and repeated as many times        that share less the amount returned into the reserve,
as the reserve allows ; whereas the initial and addi­         where the provisions of Article 5 have been applied,
 tional quota shares must be available for use until the       has been exhausted, that Member State shall proceed
 end of the quota period ; whereas this method of             without delay, by notifying the Commission, to draw a
 administration calls for close cooperation between            second share equal to 1 5 % of its initial share,
Member States and the Commission, which must, in               rounded up to the next unit where appropriate, to the
 particular, be able to observe the extent to which the        extent that the amount in the reserve allows.
quota amount is used and inform Member States
thereof ;
                                                               2.    If, after its initial share has been exhausted,
Whereas if, at a specified date in the quota period, a         90 % or more of the second share drawn by a
considerable balance remains in one or other Member           Member State has been used, that Member State shall
State it is essential that that Member State returns a         proceed without delay, in accordance with the condi­
significant proportion to the reserve to prevent a part        tions laid down in paragraph 1 , to draw a third share
of the Community quota from remaining unused in               equal to 7-5 % of its initial share, rounded up to the
one Member State when it could be used in others ;            next unit where appropriate, to the extent that the
                                                               amount in the reserve allows.
Whereas since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of              3.    If, after its second share has been exhausted,
Luxembourg are united in and represented by the               90 % or more of the third share drawn by a Member
Benelux Economic Union all transactions concerning            State has been used, that Member State shall proceed,
the    administration    of  shares  allocated   to  that     in the same way, to draw a fourth share equal to the
economic union may be carried out by any one of its           third.
members,
                                                              This process shall be applied until the reserve is
                                                              exhausted .
HAS ADOPTED THIS REGULATION :
                                                              4. Notwithstanding the provisions of paragraphs 1 ,
                         Article 1                            2 and 3, the Member States may proceed to draw
                                                              shares smaller than those fixed in those paragraphs, if
From 1 January until 31 December 1978, the                    there is reason to believe that they might not be used
Common Customs Tariff duty in respect of dried                up. They shall inform the Commission of the reasons
grapes falling within subheading 08.04 B I, originating       which led them to apply this paragraph .
in Spain and imported in immediate containers of a
net capacity not exceeding 15 kilograms shall be
entirely suspended within the limits of a Community                                     Article 4
tariff quota of 1 900 tonnes.
                                                              The additional shares drawn pursuant to Article 3
                         Article 2                            shall be valid until 31 December 1978 .
1 . A first tranche amounting to 1 520 tonnes of the
Community tariff quota referred to in Article 1 shall                                   Article 5
be shared among the Member States ; the proportions
which, subject to Article 5, shall be valid 31
December 1978 , shall be as follows :                         The Member States shall return to the reserve, not
                                        tonnes                later than 1 October 1978, the unused portion of their
        Benelux                          1 50                 initial share which, on 15 September 1978, is in
        Denmark                            15                 excess of 20 % of the initial amount. They shall
        Germany                            55                 return a larger quantity if there is reason to believe
        France                           650                  that such quantity might not be used.
        Ireland                            10
        Italy                            1 20                 The Member States shall , not later than 1 October
        United Kingdom                   520 .                1978 , notify the Commission of the total imports of
                                                              the product concerned effected up to 15 September
                                                              1978 inclusive and charged against the Community
2.     The second tranche of 380 tonnes shall consti­         quota and, where appropriate, the proportion of their
tute the reserve.                                             initial share that is being returned to the reserve.
 ---pagebreak--- No L 355/6                         Official Journal of the European Communities                            31 . 12. 77
                        Article 6                             3. The Member States shall charge imports of the
                                                              product concerned against their shares as and when
The Commission shall keep account of the shares               the goods are entered for home use.
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent
to which the reserve has been used as soon as it
                                                              4.     The extent to which a Member State has used up
                                                              its shares shall be determined on the basis of the
receives the notifications .
                                                              imports charged in accordance with paragraph 3.
The Commission shall, not later than 5 October 1978 ,
notify Member States of the amount in the reserve                                      Article 8
after the return of shares pursuant to Article 5.
The Commission shall ensure that any drawing which            Member     States  shall  inform   the  Commission     at
uses up the reserve is limited to the balance available       regular intervals of imports actually charged . against
and, for this purpose, shall specify the amount thereof       their quota shares.
to the Member State which makes the final drawing.
                                                                                       Article 9
                        Article 7
1 . The Member States shall take all measures appro­          The Member States and the Commission shall coop­
priate to ensure that, when additional shares are drawn       erate closely in order to ensure that this Regulation is
pursuant to Article 3, it is possible for charges to be       observed.
made without interruption against their accumulated
shares of the Community quota.
                                                                                      Article 10
2.    The Member States shall ensure that importers
of the said goods established in their territory have         This Regulation shall enter into force on 1 January
free access to the shares allocated to them .                  1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 December 1977.
                                                                          For the Council
                                                                            The President
                                                                            H. SIMONET