CELEX: 31977R3006
Language: en
Date: 1977-12-20 00:00:00
Title: Council Regulation (EEC) No 3006/77 of 20 December 1977 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 (1978)

31 . 12. 77                           Official Journal of the European Communities                           No L 355/ 1
                                                               I
                                            (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 3006/77
                                                    of 20 December 1977
                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 ( 1978)
THE COUNCIL OF THE EUROPEAN                                       allocating the Community tariff quota among the
COMMUNITIES,                                                      Member States ; whereas, in order to reflect more accu­
                                                                  rately the actual development of the market in the
Having regard to the Treaty establishing the European             product concerned, such allocation should be in
Economic Community, and in particular Articles 43                 proportion to the needs of the Member States,
and 113 thereof,                                                  assessed by reference to both the statistics of each
                                                                  State's imports of the said goods from Spain over a
Having regard to the proposal from the Commission,                representative period and the economic outlook for
                                                                  the quota period concerned ;
Having regard to the opinion of the European Parlia­
ment (*),
                                                                  Whereas, during the last three years for which statis­
Whereas the Agreement between the European                        tics are available, the corresponding imports by each
Economic Community and Spain (2) provides for the                 of the Member States represent the following percen­
opening by the Community of an annual Community                   tages of the imports into the Community from Spain
tariff quota of 200 tonnes of dried figs falling within           of the products concerned :
subheading ex 08.03 B of the Common Customs
Tariff, originating in Spain and imported in immed­                        Member Staies        1974     1975        1976
iate packings of a net capacity of 1 5 kilograms or less ;
whereas the duty to be applied under the quota has                Benelux                                  2           4
been fixed at 30 % of the Common Customs Tariff
                                                                  Denmark                        — ■     -—
duty ; whereas these preferential tariff arrangements             Germany                        ——
                                                                                                          82         96
were laid down only for imports of these products                 France                                  16
into the Member States of the Community as origi­                 Ireland                        ——      —
nally constituted ; whereas, under the Act of Acces­              Italy                                  —            —
sion, imports of these products into the three new                United Kingdom                 ——
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                   Whereas, in view of these factors and of the estimates
Community tariff quota should be opened for the year              submitted by certain Member States as well as the
1978 ;
                                                                  practical need to ensure that the obligations
Whereas it is in particular necessary to ensure to all            contracted under the Agreement concerned are allo­
                                                                  cated fairly among the Member States, initial quota
Community importers equal and uninterrupted access
                                                                  shares may be fixed approximately at the following
to the abovementioned quota and uninterrupted appli­
                                                                  percentages :
cation of the rate laid down for that quota to all
imports of the product concerned into all Member                          Benelux                                6
States until the quota has been used up ; whereas,                        Denmark                                6
having regard to the principles mentioned above, the
Community nature of the quota can be respected by                         Germany                               38
                                                                          France                                19
                                                                          Ireland                                6
( x) Opinion delivered on 16 December 1977 (not yet
     published in the Official Journal).                                  Italy                                  6
(2) OJ No L 182, 16. 8 . 1970, p. 2.                                      United Kingdom                        19 ;
 ---pagebreak--- No L 355/2                         Official Journal of the European Communities                                 31 . 12. 77
 whereas, in order to take into account import trends                                    Article 2
for the product concerned in the different Member
States, the quota amount should be divided into two           1 . A first tranche, amounting to 160 tonnes of the
tranches, the first tranche being allocated among the         Community tariff quota referred to in Article 1 , shall
Member States, and the second forming a reserve               be shared among the Member States, the proportions
intended ultimately to cover the requirements of the          which, subject to Article 5, shall be valid until 31
Member States which have used up their initial                December 1978 , shall be as follows :
shares ; whereas, in order to ensure a certain degree of                                                  (tonnes)
seccurity to importers in each Member State, the first                  Benelux                              10
tranche of the Community quota should be deter­                         Denmark                              10
mined at a level which, under present circumstances,                   Germany                               60
may be 80 % of the quota amount ;                                       France                               30
                                                                        Ireland                              10
Whereas, the initial shares of the Member States may                    Italy                                10
be used up at different times ; whereas, in order to                    United Kingdom                       30 .
take this fact into account and avoid any break in
continuity, it is important that any Member State
                                                              2.      The second tranche of 40 tonnes shall constitute
having used up almost the whole of its initial share
should draw an additional share from the reserve ;            the reserve .
whereas, this must be done by each Member State as
and when each of its additional shares is almost
                                                                                         Article 3
entirely used up, and repeated as many times as the
reserve allows ; whereas the initial and additional           1.      If 90 % or more of the initial share of a Member
shares must be available for use until the end of the
                                                              State, as laid down in Article 2 ( 1 ), or 90 % or more of
quota period ; whereas this method of administration          that share less the amount returned into the reserve,
calls for close cooperation between Member States and
                                                             where the provisions of Article 5 have been applied,
the Commission, which must, in particular, be able to
                                                              has been exhausted, that Member State shall proceed
observe the extent to which the quota amount is used         without delay, by notifying the Commission, to draw a
and inform Member States thereof ;
                                                              second share equal to 1 5 % of its initial share,
                                                              rounded up to the next unit where appropriate, to the
Whereas if, at a specified date in the quota period, a        extent that the amount in the reserve allows.
considerable quantity of the initial share is left over in
a Member State it is essential that each Member State         2.      If, after its initial share has been exhausted,
should return a significant proportion to the reserve to      90 % or more of the second share drawn by a
prevent a part of the Community quota from                    Member State has been used, that Member State shall
remaining unused in one Member State while it could           proceed without delay, in accordance with the condi­
be used in others ;                                           tions laid down in paragraph 1 , to draw a third share
                                                              equal to 7-5 % of its initial share, rounded up to the
Whereas since the Kingdom of Belgium, the                     next unit where appropriate, to the extent that the
Kingdom of the Netherlands and the Grand Duchy of             amount in the reserve allows.
Luxembourg are united in and represented by the
Benelux Economic Union any measure concerning                 3<      If, after its second share has been exhausted,
the    administration   of  shares   allocated   to   that    90 % or more of the third share drawn by. a Member
economic union may be carried out by any one of its           State has been used, that Member State shall proceed,
members,                                                      in the same way, to draw a fourth share equal to the
                                                              third .
                                                             This process shall be applied until the reserve is
                                                             exhausted .
HAS ADOPTED THIS REGULATION :
                                                             4. By way of derogation from paragraphs 1 , 2 and
                                                             3. the Member States may proceed to draw shares
                        Article 1                            smaller than those fixed in those paragraphs, if there
                                                             is reason to believe that those shares might not be
                                                             used up. They shall inform the Commission of the
From     1 January until 31       December 1978 , the        reasons which led them to apply this paragraph.
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                                        Article 4
capacity not exceeding 15 kilograms shall be partially
suspended at 3 % within the limits of a Community            The additional shares drawn pursuant to Article 3
tariff quota of 200 tonnes .                                 shall be valid until 31 December 1978 .
 ---pagebreak--- 31 . 12. 77                        Official Journal of the European Communities                          No L 355/3
                        Article 5                             drawn pursuant to Article 3, it is possible for charges
                                                              to be made without interruption against their accumu­
The Member States shall return to the reserve, not
                                                              lated shares of the Community quota.
later than 1 October 1978, the unused portion of their
initial share which, on 15 September 1978, is in              2. The Member States shall ensure that importers
excess of 20 % of the initial amount. They shall              of the said goods established in their territory have
return a larger quantity if there is reason to believe        free access to the shares allocated to them .
that such quantity might not be used.
The Member States shall, not later than 1 October             3. The Member States shall charge imports of the
1978, notify the Commission of the total imports of           product concerned against their shares as and when
the product concerned effected up to 15 September             the goods are entered for home use.
1978 inclusive, and charged against the Community
quota and, where appropriate, the proportion of their         4.     The extent to which a Member State has used up
initial share that is being returned to the reserve.          its share shall be determined on the basis of the
                                                              imports charged in accordance with paragraph 3.
                        Article 6
The Commission shall keep account of the shares                                        Article 8
opened by Member States in accordance with Articles
2 and 3 and shall inform each of them of the extent           Member     States  shall  inform   the  Commission    at
to which the reserve has been used as soon as it              regular intervals of imports actually charged against
receives the notifications.                                   their shares.
The Commission shall, not later than 5 October 1978,
notify Member States of the amount in the reserve                                      Article 9
after the return of shares pursuant to Article 5.
The Commission shall ensure that any drawing which*          The Member States and the Commission shall coop­
uses up the reserve is limited to the balance available       erate closely in order to ensure that this Regulation is
and, for this purpose, shall specify the amount thereof       observed.
to the Member State which makes the final drawing.
                                                                                      Article 10
                        Article 7
1.    The Member States shall take all appropriate           This Regulation shall enter into force on 1 January
measures to ensure that, when additional shares are           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