CELEX: 31974R0361
Language: en
Date: 1974-02-04 00:00:00
Title: Regulation (EEC) No 361/74 of the Council of 4 February 1974 opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading No ex 08.04 B I of the Common Customs Tariff

20. 2 . 74                         Official Journal of the European Communities                                No L 48 /53
                              REGULATION (EEC) No 361/74 OF THE COUNCIL
                                                  of 4 February 1974
              opening, allocating and providing for the administration of a Community tariff quota
              for dried grapes falling within subheading No ex 08.04 B I of the Common Customs
                                                         Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Whereas , during the past three years for which sta­
                                                                tistics are available, the corresponding imports by
                                                                each of the Member States represent the following
                                                                percentages of the imports into the Community from
                                                                Spain of the products concerned :
Having regard to the Treaty establishing the European
Economic Community and in particular Articles 43                                              1970      1971        1972
and 113 thereof ;
                                                                Germany                        2 -6      2-1         4-5
Having regard to the proposal from the Commission ;             Benelux                       17-8      18-6        13-5
                                                                France                        60-8      66-5        61-7
Having regard to the Opinion of the European Parlia­
ment ;                                                          Italy                         18-8      12-8        20-3
Whereas the Agreement between the European Econo­               Whereas, in view of these factors and of the estimates
mic Community and Spain, signed at Luxembourg on                submitted by certain Member States, initial quota
29 June 1970, provides in Article 2 ( 1 ) together with         shares may be fixed approximately at the following
Article 9 of Annex I for the opening by the Community           percentages :
of an annual duty-free Community tariff quota of
1 700 metric tons of dried grapes falling within sub­
heading No ex 08.04 B I of the Common Customs                               Germany                        2-8
Tariff, originating in Spain and imported in immediate                      Benelux                       17*0
containers of a net capacity of 15 kg or less ; whereas                     France                        63 - 4
therefore a duty-free Community tariff quota of 1 700                       Italy                         16*6
metric tons should be opened for the product con­
cerned for 1974 ;
                                                                Whereas , in order to take into account import trends
                                                                for the product concerned in the divided Member
                                                                States, the quota amount should be divided into two
Whereas it is in particular necessary to ensure to all         tranches, the first tranche being allocated among the
Community importers equal and uninterrupted access              Member States, and the second forming a reserve
to the abovementioned quota and uninterrupted                  intended ultimately to cover the requirements of the
application of the rate laid down for that quota to all         Member States which have used up their initial quota
imports of the product concerned into all Member                shares ; whereas , in order to ensure a certain degree of
States until the quota has been used up ; whereas,              security to importers in each Member States, the first
having regard to the principles mentioned above, the           tranche of the Community quota should be deter­
Community nature of the quota can be respected by               mined at a level which, under present circumstances ,
allocating the Community tariff quota among the                 may be 80 % of the quota amount ;
Member States ; whereas, in order to reflect more
accurately the actual development of the market in the
product concerned, such allocation should be in pro­           Whereas the initial quota shares of the Member States
portion to the needs of the Member States , assessed            may be used up at different times ; whereas, in order
by reference to both the statistics of each State's im­        to take this fact into account and avoid any break in
ports of the said products from Spain over a represen­          continuity, it is important that any Member State
tative period and the economic outlook for the quota            having used up almost the whole of its initial quota
period concerned ;                                              share should draw an additional quota share from the
 ---pagebreak--- No L 48/54                            Official Journal of the European Communities                                 20 . 2 . 74
reserve ; whereas, this must be done by each Member                                        Article 3
State as and when each of its additional quota shares
is almost entirely used up, and repeated as many times
                                                                      If 90% or more of the initial share of a Member
as the reserve allows ; whereas the initial and additional
quota shares must be available for use until the end of          State, as laid down in Article 2 ( 1 ), or 90% of that
the quota period ; whereas this method of administra­            share less the amount returned into the reserve, where
tion calls for close cooperation between Member                  the provisions of Article 5 have been applied, has been
States and the Commission, which must, in particular,            exhausted, that Member State shall proceed without
be able to observe the extent to which the quota                 delay, by notifying the Commission, to draw a second
amount is used and inform Member States thereof ;                share equal to 15 % of its initial share, rounded up to
                                                                 the next unit where appropriate, to the extent that the
                                                                 amount in the reserve allows .
Whereas if, at a specified date in the quota period, a
considerable balance remains in one or other Member              2. If, after its initial share has been exhausted, 90%
State it is essential that that Member State pays a large        or more of the second share drawn by a Member State
amount of it back into the reserve, in order to avoid            has been used, that Member State shall proceed
a part of the Community quota remaining unused in                without delay, in accordance with the conditions laid
one Member State when it could be used in others ;               down in paragraph 1 , to draw a third equal to 7*5%
                                                                 of its initial share, rounded up to the next unit where
                                                                 appropriate, to the extent that the amount in the
Whereas, since the Kingdom of Belgium, the Kingdom               reserve allows .
of the Netherlands and the Grand Duchy of Luxem­
bourg are united in and represented by the Benelux
Economic Union, all transactions concerning the ad­              3 . If, after its second share has been exhausted, 90%
ministration of shares granted to the abovementioned             or more of the third share drawn by a Member State
Economic Union may be carried out by any one of its               has been used, that Member State shall proceed, in the
members,                                                          same way, to draw a fourth share equal to the third.
                                                                 This process shall be applied until the reserve is ex­
                                                                  hausted.
 HAS ADOPTED THIS REGULATION :
                                                                 4. Notwithstanding the provisions of paragraphs 1 ,
                                                                 2 and 3 , the Member States may proceed to draw
                          Article 1                               shares smaller than those fixed in those paragraphs, if
                                                                  there is reason to believe that they might not be used
Until 31 December 1974, the Common Customs Tariff                 up. They shall inform the Commission of the reasons
duty in respect of dried grapes falling within subhead­           which led them to apply this paragraph.
ing No ex 08.04 B I, originating in Spain and imported
in immediate containers of a net capacity not exceed­
ing 15 kg shall be entirely suspended within the limits                                    Article 4
 of a Community tariff quota of 1 700 metric tons.
                                                                  The additional shares drawn pursuant to Article 3
                           Article 2                              shall be valid until 31 December 1974.
 1 . A first tranche, amounting to 1 360 metric tons of
 the Community tariff quota referred to in Article 1                                        Article 5
 shall be shared among the Member States ; the pro­
 portions which, subject to Article 5, shall be valid
                                                                  If, by 15 September 1974, a Member State has not used
 until 31 December 1974, shall consist of the following
 amounts :
                                                                  up its initial share, it shall, not later than 10 October
                                                                  1974, return to the reserve the unused portion of this
                                                                  share in excees of 20% of the initial amount. It may
              Germany               40 metric   tons              return a larger quantity if there is reason to believe
              Benelux              230 metric   tons
                                                                  that such quantity might not be used.
              France               860 metric   tons
                                                                  The Member States shall, not later than 10 October
              Italy                230 metric tons                 1974, notify the Commission of the total imports of
                                                                  the product concerned effected up to 15 September
                                                                   1974 inclusive and charged against the Community
 2. The second tranche of 340 metric tons shall consti­            quota and, where appropriate, the proportion of their
 tute the reserve.                                                 initial share that is being returned to the reserve.
 ---pagebreak--- 20 . 2. 74                          Official Journal of the European Communities                          No L 48 /55
                        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            4. The extent to which a Member State has used up
2 and 3 and shall inform each of them of the extent
                                                               its shares shall be determined on the basis of the
to which the reserve has been used as soon as it
receives the notifications .
                                                               imports charged in accordance with paragraph 3 .
The Commission shall, not later than 15 October 1974,                                  Article 8
notify Member States of the amount in the reserve
after the return of shares pursuant to Article 5.              Member States shall inform the Commission at regular
                                                               intervals of imports actually charged against their
The Commission shall ensure that any drawing which             quota shares.
uses up the reserve is limited to the balance available
and, for this purpose, shall specify the amount thereof                                Article 9
to the Member State which makes the final drawing.
                                                               The Member States and the Commission shall coop­
                        Article 7                              erate closely in order to ensure that this Regulation
                                                               is observed.
1 . The Member States shall take all measures appro­
priate to ensure that, when additional shares are drawn                               Article 10
pursuant to Article 3 , it is possible for charges to be
made without interruption against their accumulated             The tariff quota laid down in this Regulation shall be
shares of the Community quota.                                  opened for 1974.
2. The Member States shall ensure that importers of             This Regulation shall enter into force three days
the said goods established in their territory have free         following its publication in the Official Journal of
access to the share allocated to them .                         the European Communities .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 February 1974.
                                                                                  For the Council
                                                                                    The President
                                                                                     W. SCHEEL