CELEX: 51978PC0426
Language: en
Date: 1978-09-08
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for dried figs, falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Spain (1979)#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B I of the Common Customs Tariff, originating in Spain (1979) (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 426
Vol. 1978/0163
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIE
                                                 COM(78)426 final
                                               > Brussels , 8 September 1978
                              Proposal for a
                          COUNCIL REGULATION ( EEC )
         on the opening , allocation and administration of a
         Community tariff quota for dried figs , falling within
         subheading ex 08.03 B of the Common Customs Tariff ,
                         originating in Spain ( 1979 )
                              Proposal for a
                          COUNCIL REGULATION ( EEC )             ,
         on the opening , allocation and administration of a
         Community tariff quota for dried grapes falling with­
         in subheading ex 08.04 B I of the Common Customs
                      Tariff , originating in Spain ( 1979 )
              ( submitted by the Commission to the Council )
C0M(78 ) 426 final
 ---pagebreak---                                                             ■botwQon tho rhrropojm
i.   Artiolo 2 üx thf; Agreornönt
Community " end Spain, road with Articles 2 and 9 of Ann«x I tnorov.o ,
in4ovidofl iO)' iho             or Community tariff quotas ior the           < atio
into tho Community of tho following products , originating in Spain, at
tho c.uoia duties specified "bolow t
                           Product' .       Annual Volumo             Quota Du'tfy
CCT IIoaaing No
ox 0&,Q \ 3          • Cortai n dried               200             30% of th© CCT duty
                       figa
    00 #04 B X         Certain dried            1 . 700 t '         Ebcorapt
                       C i-apoH
 2.     However /, this regime has been provided only forthe importation of these
 products into the six original Member States , whereas the three new Member
  States have applied different regimes .                     ,
        In this situation , a uniform regime of importation should be established .
  Hence the forementioned quota volumes should be increased in such a manner as
  to take account of the traditional quantities imported in the new Member States
  This leads to an increase to 1 900 tonnes in the quota for dried grapes and for
  dried figs to keep at the level of the initial quota .
 ---pagebreak---                                               - 2
      Tiii .i i:i i;ho objoet of the propoPalo wwoxod hereto .        • •> .•
3 . Vhq ftrynlaU.onrt provide , in tho uoual way, for tho 'eplixtinr: up of
the tariff voliu'too into two parbn , tho first of ><hioh will oo allocat od
 amon.r -the Member Stateu an quota shareo and tho second will be kopt a«
 a rcnorvo •
4 . Tho allocation of tho firob parts of the rpiotas
       \
                  hno boon undertaken aooordintf to tho rulon /;wicrall.y applied
                                                                              1
hitherto . Tho total xjnporto of oaoh 7'lomnor State for 1975 . to 1977 have
bono oxprocsod-an a proportion of total Community imports over tho n;u:.o
por'ioO . The rooultintf poroente^eo havo been applied State by St? bo to tho
vol.mo of tho firet part , thoriast Aigii of the number of inotrio tons bei»v
ro<uif)od off,'                     •                      •
                             v                    * •        i'    •              .
5 . • The proposed Regulation provide for' a' single method of administration
to be applied by all Member States - namely the " as and when" method .
  Annexes :
         2 propooals for regulations of tho Oounoil .
 ---pagebreak---                                                                                            ANNEX A
                                               ■ PROPOSAL FOR A
                                     COUNCIL REGULATION (EEC) No               /78
                                                  of
                 opening, allocating and providing for the administration of a Community tariff
                 quota for dried figs falling within subheading ex 08.03 B of the Common
                                      Customs Tariff originating in Spain (1S79 )
                                   !  .                              ' <           ' '   v
  THE COUNCIL OF THE EUROPEAN
  COMMUNITIES,
  Having regard to the Treaty establishing the European     '
  Economic Community, and in particular Article
   113 thereof ,                                                                       r
  Having regard to the proposal from the Commission,
  whereas the Agreement between              the  European
  Economic Community and Spain 1 ) provides for the
  opening by the Community of an annual Community
  tariff quota of 200 tonnes of dried figs falling within
  subheading ex 08.03 B of the Common Customs
  Tariff, originating in Spain and imported in immed­
  iate packings of a net capacity of 15 kilograms or less ;
  whereas the duty to be applied under the quota has
  been fixed at 30 % of the Common Customs Tariff
  cftty ; i whereas these preferential tariff arrangements
  were laid down only for imports of these products
  into the Member States of the Community as origi­
  nally constituted ; whereas, under the Act of Acces­
  sion , imports of these products into the three new
  Member States are subject to Common Customs Tariff
  duties with effect from 1 January 1S78 ; whereas the
  import arrangements for these products should be
  uniform throughout the Community ; whereas this
  Community tariff quota should be opened for the year
   1S79 :
. Whereas it is in particular necessary to ensure for all Community
  importers equal and uninterrupted access to 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 has been used up ; whereas , having regard to
  the above principles , the Community nature of the quota can be respec­
  ted by allocating the Community tariff quota among the Member States ;
 ---pagebreak---                                                  - 2 -                        ANNEX
whereas , in order to reflect as accurate lyas possible the true
trend of the market in the 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 Spain
over a representative reference period and also to the economic
outlook for the quota period Concerned ;
   ,    '                             ■     ■    ( l J ' cC
           Whereas, during the last three years for which statis­
           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
           of the products concerned :
                     a
                    Member Stupes               1975          1976       1977
           Bénélux                                2        ' 4
           Denmark                            .   -
           Germany                               82 •       . «6 "       100
           France                                16                     ■ H ■
           Ireland
           Italy                        .
           United Kingdom                 |              j ■»      |
           Whereas, in view of these- factors and of the estimates
           submitted by certain Member States as well as the
           practical need to ensure that - the obligations
           contracted under the Agreement concerned are allo­
           cated fairly among the Member States, initial quota
           shares may be fixed approximately at the following
           percentages :
                 ; Bénélux        .                                   4
                   Denmark          _                                 8
                   Germany                                           46
                   France                                            23
                   Ireland                                            4
                   Italy                                              4
                   United Kingdom
 ---pagebreak---                                 - 3 -                     ANNEX A
    *T Y                            ,                                  ,
                »
Whereas , in order to take into account import trends for the products
concerned in the various Member States , the quota volume should be
divided into two instalments , the first being shared among the Member
States and the second constituting a reserve to cover at a later date ■
the requirements of the Member States which have used up their initial
quota shares ; whereas , in order to give importers in each Member State
a certain degree of security , the first instalment of the Community quota
should , under the present circumstances, be fixed at 65% of the quota
volume ;
Whereas the Member States' initial shares may be used up at different
times ; whereas , in order to take this fact into account and avoid any
break in continuity , any Member State which has almost used up its initial
share    should draw an additional share from the reserve ; whereas this
must be done by each Member State 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
requires close cooperation between the Member States and the Commission ,
and the latter must be in a position to monitor the extent to which the
quota volume has been used up and to inform the Member States thereof ;
Whereas if , at a given date in the quota period , a substantial quantity
remains unused in any Member State , it is essential that that Member
State should return a significant proportion to the reserve to prevent
a part of any Community quota from remaining unused in one Member State
when it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by- the
Benelux Economic Union , any operation relating to the administration
of the quota shares allocated to that Economic Union may be carried out
by any of its members ,
 ---pagebreak---                                             - 4 -                     ANNEX A
HAS ADOPTED THIS REGULATION :
                                   Article 1
           Fropi 1 January until 31 December 1S?9t the
           Common Customs Tariff duty in respect of dried figs
           falling within subheading ex 08.03 B, originating in
           Spain and imported in immediate packings of a net
           capacity not exceeding 15 kilograms shall be partially
           suspended at 3 % within the limits of a Community
           tariff quota of 200 tonnes.
                    v             Article 2
          1.     A first instalment amounting to 130 tonnes of the
          Community tariff quota referred to in Article 1 , shall
          be allocated among the Member States, the respective shares
          which , subject to Article 5, shall be valid until 31
          December      1Q7S shall be as follows :
                                                      (tonnes)
                  Bénélux                              '5
                  Denmark                               10
                  Germany                            ' 60
                  France . '                            30
                  Ireland                    ' . ' <     5
                  Italy                                  6
                  United Kingdom                        15
           2.     The second tnstalnent of 70 tonnes shall constitute
           the reserve.
 ---pagebreak---                             - 5 -                  ANNEX A
                          Article 3
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 is applied , has been used up , th.en
to the extent permitted by the amount of the reserve , that Member
State shall forthwith , by notifying the Commission, draw a second .
share equal to 15% of its initial share , rounded up where necessary
to the next unit .•
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 , that Member
State shall , in accordance with the conditions laid down in para­
graph 1 , draw a third share equal to 7,5% of its initial share ,
rounded up where necessary to the next unit .
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 same conditions , draw a fourth
share equal to the third .
                                                                I
This process shall continue until the reserve is used up .
By way of derogation from paragraphs 1 to 3 , a Member State may
draw shares smaller than those fixed in those paragraphs if there
is reason to believe that these might not be used up . It shall
inform the Commission of its reasons for applying this paragraph .
 ---pagebreak---                                      6 - • v                   ANNEX A
                                 Article 4 .
 Additional shares drawn pursuant to Article 3 shall be valid until
 31 December 1979 .
                                 Article 5
 The Member States shall return * to the reserve , not later than
,1 October 1979,such . unused portion of their initial share as ,
 on 15 September 1979 , is . in excess of 20% of the initial volume .
 They may return a larger quantity if there are grounds for believing
 that it might not be used .
 The Member States shall , not later than 1 October 1979 , notify the
 Commission of the total quantities, of the products in . question
 imported up to 15 September 1979 and charged against the Community -
 quota , and of any quantities of the initial shares returned to the
 reserve .                                                      / .
                                 Article 6
                                        ■
 The Commission shall keep an account of the shares opened by the
 Member States pursuant to Articles 2 and 3 and shall^as soon as
 it is notified , inform each State of the extent to which the reserve
 has been used up .
 It shall inform the Member States , not later than 5 October 1979 , ■
 of the amount in the reserve after quantities have been returned
 pursuant to Article 5 .                                     '
 The Commission shall ensure that any drawing which uses up the
 reserve is limited to the balance available , and to this end shall
 indicate the amount of that balance to the Member State which makes
 such last drawing .
 ---pagebreak---                                                             ANNEX A
                            ArticLe 7
1.   The Member States shall take all measures necessary to ensure
                                                     /
     that additional shares drawn pursuant to Article 3    are opened
     in such a way that imports may be charged without interruption
     against their accumulated shares of the Community quota .
2.   The Member States shall ensure that importers of the products , in
     question established in their territory have free access to the
     shares allocated to them .
3.   The Member States shall charge imports of the products in question
     against their shares as and when the products are entered with
     customs authorities for home use .
4.   The extent to which a Member State has used up its share shall
     be determined on the basis of the imports charged in accordance
     with paragraph 3 .
                            Article 8
At the request of the Commission , the Member States shall inform it ,
of imports actually charged against their shares .
                                                        »
                            Article 9
The Member States and the Commission shall cooperate closely in
order to ensure compliance with this Regulation .
                            Article 10
This Regulation shall enter into force'on 1 January 1979 .
             This Regulation shall be binding in its entirety
             and directly applicable in all Member States .
Done at Brussels ,                                 For the Counci I
                                                   The President
 ---pagebreak---                                                                                                     ANNEX B '
                                                              PROPOSAL FOR A
                                              COUNCIL REGULATION (EEC) No                      / 78
                           V              \                   of
                           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 (197S)                i
                                                                            :·            ; V.        . ■<
             THE COUNCIL OF THE EUROPEAN                                A               1
             COMMUNITIES,        -
                                     - -■         . -       '     ■.· :   ■■■■■./     ■ :    - ■
             Having regard to the Treaty establishing the European
             Economic Community, and in particular Article:
              113 thereof,
             Having regard to the proposal from the Commission,                . *, • •                  ,
           ; whereas the Agreement between the European
             Economic Community and Spain J ) provides for
             opening by the Community of an annual Community
             tariff quota of 1 700 tonnes of dried grapes falling
             within subheading ex 08.04 B I of the Common
             Customs Tariff, originating in Spain and imported' in
             immediate packing^of a net capacity of 15 kilograms
             or less ; whereas these preferential tariff arrangements
             were laid down only for imports of these products •
             into the Member States of the Community as origi­
             nally constituted ; whereas under the Act of Accession,
             imports of the products into the three new Member
             States are subject to Common Customs Tariff duties
             with effect from 1 January 1978 ; whereas the import
             arrangements for these products should be uniform
             throughout the Community ; whereas this Commu­
             nity tariff quota should be opened for the year 1978 ;
             whereas the abovementioned quota amount should
             therefore be increased to 1 900 tonnes ; whereas this
             Community tariff quota should be opened for 1979
             Whereas it is in particular necessary to ensure for all Community,                               ;
             importers equal and uninterrupted access to 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 has been used up ; whereas , having regard to the above prin­
             ciples , the Community nature of the quota can be respected by allocating
             the Community tariff quota among the Member States ; whereas , in order ,
             to reflect as accurately as possible the true trend of the market in
             the products in question , such allocation should be in proportion to
( 1 ) 0J N° L 182 , 16.8.1970, p. 2 .
 ---pagebreak---                                          - 2 -                    ANNEX B
the requirements of the Member States , calculated by reference to the
statistics for imports from Spain over a representative reference
period and also to the economic outloook for the quota period in
question ;
Whereas , during the last three years for which statistics are availabl
the corresponding imports by each of the Member States represent the
following percentages of imports into the Community from Spain of the
products concerned :
                    Member Sutes .    1S75       1976       1977
           Bcnelux                               11.4       16.2
           Denmark                      2,V               ! M
           Germany                      A6        '.2     • 5.2
           France                     48,8       38.3       62, S
           Ireland                      1,0       0,3     .. 7.5
           Italy                        5,9       8Λ         7.3
           United Kingdom           | 30.0 | 3Μ |
           Whereas, in view of these factors and of the estimates
           submitted by certain Member States, initial quota
           shares may be fixed approximately at the following
           percentages :
                   Bénélux ;                           9-9
                   Denmark                             1-0
                   Germany                             3-6
                   France :                           42-7
                   Ireland                             0-6
                   Italy                               8-0
                   United Kingdom                     34-2 :
 ---pagebreak---                                                               ANNEX B
  Whereas , in order to take into account import trends for the products
  concerned in the various Member States , the quota volume should be
  divided into two instalments , the first being shared among the Member
  States and the second constituting a reserve to cover at a later date j
  the requirements of Member States which have used up their initial
  quota shares ; whereas , in order to give importers in each Member
  State a certain degree of security , the first instalment of the
  Community quota should , under the present circumstances , be fixed
  at 80% of the quota volume ;
      ■ ■ •       >       '    ■' '  V        . ' ' '
  Whereas the Member States' initial shares may be used up at different
  times ; whereas , in order to take this fact into account and avoid any
  break in continuity , any Member State which has almost used up its
  initial share     should draw an additional share from the reserve
  whereas this must be done by each Member State 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 requires close cooperation between the Member States     -
  and the Commission , and the latter must be in a position to monitor
. the extent to which the quota volume has been used up and to inform
  the Member States thereof ;
  Whereas if , at a given date in the quota period , a substantial quantity
  remains unused is any Member State , it is essential that that Member     "
  State should return a significant proportion to the reserve , to prevent
  a part of any Community quota from remaining unused in one Member State
  when it could be used in others ;
  Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
               »                                  ■ .    -  »
  and the Grand Duchy of Luxembourg are united in and represented by
  the Benelux Economic Union , any operation relating to the administra­
  tion of the quota shares allocated to that Economic Union may be carried
  out by any of its members ,
 ---pagebreak---                                          - 4 -                              ANNEX B
' HAS ADOPTED THIS REGULATION :
                                      Article 1
               From 1 January until 31 December 19 '9 the
               Common 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 the limits of a Community
               tariff quota of 1 900 tonnes.       >
                                      Article . 2 . , .            >•  •                /
               1.    A first Instalment amounting to 1.520 tonnes of the
               Community tariff quota referred to in Arficlf 1 shall
               be allocated among the Member States ; the respective shares           ,
              which, subject to Article 5, shall be valid un^il
                31 December 1978, shall be as follows I
                                                        tonnes
                       Bénélux                           150
                       Denmark                            15
                      Germany                             55
                       France                            650
                       Ireland                            10
                       Italy                             120
                      United Kingdom                     520.
                                                                                    /
 ---pagebreak---                               - 5 -                       ANNEX B
The second instalment of 380 tonnes shall constitute the reserve .
                             Article 3
If 90% or more of a Member State 's initial share ast specified
in Article 2.(1 )/ or 90% of that share minus the portion returned
to the reserve where Article 5 is applied , has been used up , then
to the extent permitted by the amount of the reserve , that Member
State shall forthwith , by nfctifying the Commission , draw a second
share equal to 15% of its initial share , rounded up where necessary
to the next unit .
              V.      '■       ,          .     • ' . > ' .   •
If , after its initial share has been used up , 90A or more of the
second share drawn by a Member State has been used up , then that
Member State shall , in accordance with the conditions laid down
in paragraph 1 , draw a third share equal to 7,5% of its initial
share , rounded  up where necessary to the next unit .
                         • '                                J
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 same conditions , draw a fourth
equal to the third .                        :
This process shall continue until vthe reserve is used up .
By way of derogation from paragraphs 1 to 3 , a Member State may
draw shares smaller than those fixed in those paragraphs if there
is reason to believe that these might not be used up . It shall
inform the Commission of its reasons for applying this paragraph .
 ---pagebreak---                                       6                     ' ANNEX B
                                Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1979 .
                                Article 5
The Member States shall return to the reserve , not later than
1 October 1979 ,such * unused portion of their initial share as , on
15 September 1979 , is in excess of 20% of the initial volume .
They may return a larger quantity if there are grounds for belie­
ving that it may not be used .
The Member States shall , not 'later than 1 October 1979 , notify
the Commission of the total quantities of the products in question
imported up to 15 September 1979 and charged against the Community
quota , and of any quantities of the initial shares returned to the
reserve .                     '     ■
                                Article 6
The Commission shall keep an account of the shares opened by the
Member States pursuant to Articles 2 and 3 and shall , as soon as
it is notified , inform each State of the extent to which the
reserve has been used up .
It shall inform the Member States , not later than 5 October 1979 ,
of the amount in the reserve after quantities have been returned
pursuant to Article 5 .
The Commission shall ensure that any drawing whicli uses up the
reserve is limited to the balance available , and to this end
shall indicate the amount of that balance to the Member State
which makes such last drawing .
 ---pagebreak---                                   - 7 -                  ANNEX B
                                Article 7
1.    ,The Member States shall take all measures necessary to
       ensure that additional shares drawn pursuant to Article 3
       are opened in such a way that imports may be charged
       without interruption against their accumulated shares
                           (                                     \
       of the Community quota . .
2.     The Member States shall ensure that ;importers of the
       products in question established in their territory
       have free access to the shares allocated to them .
3.     The Member States shall charge imports of the products
       in question against their shares as and when the products
       are entered with customs authorities for home use .
4 . ; The extent to which a Member State has used' up its share
       shall be determined on the basis of the imports charged
       in accordance with paragraph 3 .       '
                               Article 8 .
At the request of the Commission , the Member States shall i nf on
it of imports actually charged against their shares .
                               Article 9
The. Member States and the Commission shall cooperate closely in
order to ensure compliance with this Regulation .
                   v           Arti c le 10 '
This Regulation shall enter' into force on 1 January 1979 .
           This Regulation shall be binding in its entirety and
           directly applicable in all Member States .
Done at Brussels ,                              For the Council
                                                The President