CELEX: 31975R3419
Language: en
Date: 1975-12-30 00:00:00
Title: Regulation (EEC) No 3419/75 of the Council of 30 December 1975 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 (1976)

31 . 12. 75                          Official Journal of the European Communities                            No L 337/9
                             REGULATION (EEC) No 3419/75 OF THE COUNCIL
                                                  of 30 December 1975
                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 ( 1976)
THE COUNCIL OF THE EUROPEAN                                     representative period and the economic outlook for
COMMUNITIES,                                                    the quota period concerned ;
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                                          1972     1973      1974
ment (!) ;
                                                                Germany                         4.5      2.3       4.6
Whereas the Agreement between the European                                                                        13.7
                                                                Benelux                        13.5     11-1
 Economic Community and Spain, signed at Luxem­
 bourg on 29 June 1970, provides in Article 2(1 )               France                        61-7      70.2      66.3
 together with Article 9 of Annex I for the opening by          Italy                         20.3      16.4      15.4
 the Community of an annual duty-free Community
 tariff quota of 1 700 metric tons of dried grapes falling
 within subheading 08.04 B I of the Common
 Customs Tariff, originating in Spain and imported in
 immediate containers of a net capacity of 15 kg or
 less ;
                                                                Whereas, in view of these factors and of the estimates
                                                                submitted by certain Member States, initial quota
 Whereas the Community tariff quota in question                 shares may be fixed approximately at the following
 should be opened for the year 1976 ; whereas,                  percentages :
 however, because of the possibility of implementing
 other preferential arrangements as a result of a new
 Agreement between the European Economic Commu­                            Germany                             4
                                                                            Benelux                           13
 nity and Spain, it is necessary to limit the quota
                                                                            France                            64
 period to the date on which the new Agreement
 enters into force ;                                                        Italy                             19
 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
  State's imports of the said products from Spain over a
                                                                 Whereas the initial quota shares of the Member States
  (') Opinion delivered on 19. 12. 1975 (not yet published in    may be used up at different times ; whereas, in order
      the Official Journal).                                     to take this fact into account and avoid any break in
 ---pagebreak--- No L 337/ 10                        Official Journal of the European Communities                             31 . 12. 75
continuity, it is important that any Member State                                         Article 3
having used up almost the whole of its initial quota
share should draw an additional quota share from the           1.     If 90 % or more of the initial share of a Member
reserve ; whereas, this must be done by each Member            State, as laid down in Article 2(1 ), or 90% of that
State as and when each of its additional quota shares          share less the amount returned into the reserve, where
is almost entirely used up, and repeated as many times         the provisions of Article 5 have been applied, has
as the reserve allows ; whereas the initial and addi­          been exhausted, that Member State shall proceed
tional quota shares must be available for use until the        without delay, by notifying the Commission, to draw a
end of the quota period ; whereas this method of               second share equal to 15 % of its initial share,
administration calls for close cooperation between             rounded up to the next unit where appropriate, to the
Member States and the Commission, which must, in               extent that the amount in the reserve allows.
particular, be able to observe the extent to which the
quota amount is used and inform Member States                  2.      If, after its initial share has been exhausted,
thereof ;
                                                               90 % or more of the second share drawn by a
                                                               Member State has been used, that Member State shall
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member            proceed without delay, in accordance with the condi­
                                                               tions laid down in paragraph 1 , to draw a third share
State it is essential that that Member State pays a large
amount of it back into the reserve, in order to avoid a
                                                               equal to 7-5 % of its initial share, rounded up to the
                                                               next unit where appropriate, to the extent that the
part of the Community quota remaining unused in                amount in the reserve allows.
one Member State when it could be used in others ;
Whereas, since the Kingdom of Belgium, the                     3.      If, after its second share has been exhausted,
Kingdom of the Netherlands and the Grand Duchy of              90 % or more of the third share drawn by a Member
 Luxembourg are united in and represented by the               State has been used, that Member State shall proceed,
 Benelux Economic Union, all transactions concerning           in the same way, to draw a fourth share equal to the
                                                               third .
the administration of shares granted to the abovemen­
tioned Economic Union may be carried out by any
 one of its members,                                           This process shall be applied until the reserve is
                                                               exhausted .
 HAS ADOPTED THIS REGULATION :                                 4.      Notwithstanding the provisions of paragraphs 1 ,
                                                                2 and 3, the Member States may proceed to draw
                                                               shares smaller than those fixed in those paragraphs, if
                          Article 1                            there is reason to believe that they might not be used
                                                                up. They shall inform the Commission of the reasons
 From 1 January 1976 until the date of entry into force        which led them to apply this paragraph.
 of a new Agreement between the European Economic
 Community and Spain but not later than 31
 December 1976, the Common Customs Tariff duty in                                         Article 4
 respect of dried grapes falling within subheading
 08.04 B I, originating in Spain and imported in
                                                                The additional shares drawn pursuant to Article 3
 immediate containers of a net capacity not exceeding
                                                                shall be valid until the end of the period stipulated in
 15 kg shall be entirely suspended within the limits of         Article 1 .
 a Community tariff quota of 1 700 metric tons.
                          Article 2                                                       Article 3
 1 . A first tranche, amounting to 1 360 metric tons            The Member States shall return to the reserve, not
 of the Community tariff quota referred to in Article 1         later than 1 October 1976, the unused portion of their
 shall be shared among the Member States ; the propor­          initial share which, on 15 September 1976, is in
 tions which, subject to Article 5, shall be valid until        excess of 20 % of the initial amount. They shall
 the end of the period specified in Article 1 , shall be as     return a larger quantity if there is reason to believe
 follows :
                                                                that such quantity might not be used.
            Germany               55 metric tons
            Benelux              177 metric tons                The Member States shall , not later than 1 October
            France               870 metric tons                 1976, notify the Commission of the total imports of
            Italy                258 metric tons                the product concerned effected up to 15 September
                                                                 1976 inclusive and charged against the Community
 2.    The second tranche of 340 metric tons shall              quota and, where appropriate, the proportion of their
 constitute the reserve .                                       initial share that is being returned to the reserve.
 ---pagebreak--- 31 . 12. 75                        Official Journal of the European Communities                          No L 337/ 11
                         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 share                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
                                                              4.    The extent to which a Member State has used up
to which the reserve has been used as soon as it              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 1976,
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
                                                              observed .
 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 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 share allocated to them .                  1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 December 1975.
                                                                            For the Council
                                                                              The President
                                                                                M. TOROS