CELEX: 31975R3418
Language: en
Date: 1975-12-30 00:00:00
Title: Regulation (EEC) No 3418/75 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)

No L 337/ 6                         Official Journal of the European Communities                             31 . 12. 75
                             REGULATION (EEC) No 3418 /75 OF THE COUNCIL
                                                  of 30 December 1975
               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 ( 1976)
THE COUNCIL OF THE EUROPEAN                                    whereas, during the last three years for which statis­
COMMUNITIES,                                                   tics are available, the corresponding imports by each
                                                               of the Member States represent the following percen­
Having regard to the Treaty establishing the European          tages of the imports into the Community from Spain
Economic Community, and in particular Articles 43              of the products concerned :
and 1 1 3 thereof ;
Having regard to the proposal from the Commission ;                                           1972     1973        1974
Having regard to the Opinion of the European Parlia­
ment ( J) ;                                                    Germany
                                                               Benelux                        —         —           —
Whereas the Agreement between the European                     France                                               100
Economic Community and Spain, signed at Luxem­                                                      Il            ( = 1
bourg on 29 June 1970, provides in Article 2(1 )                                           llll                   metric
together with Article 9 of Annex I for the opening by         \                            llIl                    ton)
the Community of an annual Community tariff quota              Italy                          —         —           —
of 200 metric tons 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 kg or less ;
whereas, pursuant to Article 9 of the said Annex, the
quota duty is equal to 30 % of the Common Customs               Whereas, in view of these factors and of the estimates
Tariff duty in respect of the product concerned ;               submitted by certain     Member States as well as the
                                                                practical need to       ensure that the obligations
Whereas the Community tariff quota in question                  contracted under the    Agreement concerned are allo­
should be opened for the year 1976 ; whereas,                   cated fairly among all  the Member States, initial quota
however, because of the possibility of implementing             shares may be fixed     approximately at the following
other preferential arrangements as a result of a new            percentages :
Agreement between the European Economic Commu­
nity and Spain, it is necessary to limit the quota
period to the date on which the new Agreement                              Germany                          25
                                                                           Benelux                          25
enters into force ;
                                                                           France                           25
Whereas it is in particular necessary to ensure to all                     Italy                            25
Community importers equal and uninterrupted access
 to the abovementioned quota and uninterrupted appli­
cation of the rate laid down for that quota to all             Whereas, in order to take into account import trends
imports of the product concerned into all Member                for the products concerned in the different Member
States until the quota has been used up ; whereas,              States, the quota amount should be divided into two
 having regard to the principles mentioned above, the           tranches, the first tranche being allocated among the
 Community nature of the quota can be respected by              Member States, and the second forming a reserve
allocating the Community tariff quota among the                 intended ultimately to cover the requirements of the
 Member States ; whereas, in order to reflect more accu­        Member States which have used up their initial
 rately the actual development of the market in the             shares ; whereas, in order to ensure a certain degree of
 product concerned, such allocation should be in                security to importers in each Member State, the first
 proportion to the needs of the Member States,                  tranche of the Community quota should be deter­
 assessed by reference to both the statistics of each           mined at a level which, under present circumstances,
 State's imports of the said goods from Spain over a            may be 80 % of the quota amount ;
 representative period and the economic outlook for
 the quota period concerned ;
                                                                Whereas, the initial shares of the Member States may
 (') Opinion delivered on 19. 12. 1975 (not yet published in    be used up at different times ; whereas, in order to
     the Official Journal).                                     take this fact into account and avoid any break in
 ---pagebreak--- 31 . 12 . 75                        Official Journal of the European Communities                            No L 337/7
continuity, it is important that any Member State                                         Article 3
having used up almost the whole of its initial share
should draw an additional share from the reserve ;             1.      If 90 % or more of the initial share of a Member
whereas, this must be done by each Member State as             State, as laid down in Article 2(1 ), on 90 % of that
and when each of its additional shares is almost               share less the amount returned into the reserve, where
entirely used up, and repeated as many times as the            the provisions of Article 5 have been applied, has
reserve allows ; whereas the initial and additional            been exhausted, that Member State shall proceed
shares must be available for use until the end of the          without delay, by notifying the Commission, to draw a
quota period ; whereas this method of administration           second share equal to 1 5 % of its initial share,
calls for close cooperation between Member States and          rounded up to the next unit where appropriate, to the
the Commission, which must, in particular, be able to          extent that the amount in the reserve allows .
observe the extent to which the quota amount is used
and inform Member States thereof ;                             2.      If, after its initial share has been exhausted,
                                                               90 % or more of the second share drawn by a
Whereas if, at a specified date in the quota period, a         Member State has been used, that Member State shall
considerable balance remains in one or other Member
                                                               proceed without delay, in accordance with the condi­
State it is essential that that Member State pays a large      tions laid down in paragraph 1 , to draw a third share
amount of it back into the reserve, in order to avoid a
                                                               equal to 7-5 % of its initial share, rounded up to the
part of the Community quotas remaining unused in               next unit where appropriate, to the extent that the
one Member State when it could be used in others ;             amount in the reserve allows.
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
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 granted to the abovemen­          in the same way, to draw a fourth share equal to the
                                                               third .
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
                          Article 1
                                                               shares 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 1976 until the date of entry into force         reasons 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 figs falling within subheading ex
08.03 B, originating in Spain and imported in immed­
iate packings of a net capacity not exceeding 15 kg            The additional shares drawn pursuant to Article 3
shall be partially suspended at 3 % within the limits          shall be valid until the end of the period stipulated in
of a Community tariff quota of 200 metric tons.                Article 1 .
                          Article 2                                                       Article 5
 1 . A first tranche, amounting to 160 metric tons of          The Member States shall return to the reserve, not
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 from 1
                                                               excess of 20 % of the initial amount. They shall
January until the end of the period specified in
Article 1 , shall be as follows :
                                                               return a larger quantity if there is reason to believe
                                                               that such quantity might not be used.
            Germany                           40
            Benelux                           40               The Member States shall , not later than 1 October
            France                            40                1976, notify the Commission of the total imports of
            Italy                             40               the product concerned effected up to 15 September
                                                                1976 inclusive, and charged against the Community
 2.    The second tranche       of 40  metric   tons shall     quota and, where appropriate, the proportion of their
constitute the reserve .                                       initial share that is being returned to the reserve.
 ---pagebreak--- No L 337/8                         Official Journal of the European Communities                           31 . 12. 75
                        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
                                                              4.    The extent to which a Member State has used up
to which the reserve has been used as soon as it              its share 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 shares .
to the Member State which makes the final drawing.
                                                                                       Article 9
                        Article 7
 1.   The Member States shall take all appropriate            The Member States and the Commission shall coop­
measures to ensure that, when additional shares are           erate closely in order to ensure that this Regulation is
drawn pursuant to Article 3, it is possible for charges       observed .
to be made without interruption against their accumu­
lated 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 .                  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