CELEX: 31976R3035
Language: en
Date: 1976-12-09 00:00:00
Title: Council Regulation (EEC) No 3035/76 of 9 December 1976 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 (1977)

20 . 12 . 76                             Official Journal of the European Communities                           No L 350/25
                                          COUNCIL REGULATION (EEC) No 3035/76
                                                        of 9 December 1976
                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 m Spain ( 1977)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          both statistics of imports from Spain during a
                                                                     representative period and the economic outlook for
                                                                     the tariff period in question ;
  Having regard to the Treaty establishing the
  European Economic Community, and in particular                     Whereas, during the last three years for which
  Articles 43 and 113 thereof,                                       statistics are available, the corresponding imports by
                                                                     each of the Member States represent the following
                                                                     percentages of the imports into the Community from
. Having regard to the proposal from the Commission,                 Spain of the products concerned :
                                                                                                    1973    1974       1975
  Having regard to the opinion of the European
  Parliament ( x ),
                                                                     Germany                         —       —
                                                                                                                       82-4
                                                                                                                     (= 60 *)
  Whereas the Agreement between the European
                                                                     Benelux                                            1-4
  Economic Community and Spain, signed at
                                                                                                             —
                                                                                                  . —
  Luxembourg on 29 June 1970, provides in Article 2                  France                          —
                                                                                                            100        16-2
  ( 1 ), together with Article 9 of Annex I, for the                                                       (= 1 *)
  opening by the Community of an annual Com­
                                                                     Italy                           —       —          —
  munity tariff quota of 200 metric tons of dried figs
  falling within subheading ex 08.03 B of the Common
  Customs Tariff, originating in Spain and imported                  * metric tons .
  in immediate packings of a net capacity of 15
  kilogrammes or less ; whereas, pursuant to Article 9
                                                                     Whereas, in view of these factors and of the
  of the said Annex, tlhe quota duty is equal to 30%
                                                                     estimates submitted by certain Member States as well
  of the Common Customs Tariff duty in respect of
                                                                     as the practical need to ensure that the obligations
  the product concerned ;, whereas the Community                     contracted under the Agreement concerned are '
  tariff quota in question should be opened for the                  allocated fairly among the Member States, initial
  year 1977 ;
                                                                     quota shares may be fixed approximately at the
                                                                      following percentages :
  Whereas it is in particular necessary to ensure for                          Germany                              25
  all Community importers equal and uninterrupted
  access to the abovementioned quota and uninter­                              Benelux                              25
  rupted application of the rate laid down for that                            France                               25
  quota to all imports of the product concerned into
  all Member States until the quota has been used                              Italy                                25
  up ; whereas, having regard to the principles
  mentioned above, the Community nature of the                        Whereas, in order to take into account import trends
  quota can be respected by allocating the Community                  for the products concerned in the different Member
  tariff quota among the Member States ; whereas, to                  States, the quota amount should be divided into two
  represent as closely as possible the actual develop­                instalments, the first instalment being allocated
   ment of the market in the products in question , the               among the Member States and the second forming
  allocation should follow proportionately the                        a reserve intended ultimately to cover the require­
  requirement of the Member States calculated from                    ments of the Member States which have used up
                                                                      their initial shares ; whereas, in order to ensure a
                                                                      certain degree of security to importers in each
   (») OJ No C 259, 4. 11 . 1976, p . 37.                             Member State, the first instalment of the Community
 ---pagebreak--- No L 350/26                         Official Journal of the European Communities                               20 . 12 . 76
quota should be determined at a level which, under             respective shares, which subject to Article 5 shall be
present circumstances, may be 80% of the quota                 valid until 31 December 1977, shall be as follows :
amount ;
                                                                        Germany                    40 metric tons,
Whereas, the initial sh'afes of the Member States may                   Benelux                    40 metric tons,
be used up at different times ; whereas, in order to
take this fact into account and avoid any break in                      France                     40 metric tons,
continuity, it is important that any Member State
having used up almost the whole of its initial share                    Italy                      40 metric tons .
should draw an additional share from the reserve ;
whereas, this must be done by each Member State                2 . The second instalment of 40 metric 'tons shall
as and when each of its additional shares is almost             constitute the reserve .
entirely used up, and repeated as many times as the
reserve allows ; whereas the initial and additional
shares must be available for use until the end of
the quota period ; whereas this method of                                                Article 3
administration calls for close cooperation between
Member States and the Commission, which must, in                1 . If 90% or more of the initial share of a Member
particular, be able to observe the extent to which
                                                                State, as laid down in Article 2 ( 1 ), or 90 % of that
the quota amount is used and inform Member
                                                                share less the amount returned into the reserve, where
States thereof;
                                                                the provisions of Article 5 have been applied, has
                                                                been exhausted, that Member State shall proceed
Whereas if, at a given date in the quota period, a              without delay, by notifying the Commission, to draw
considerable quantity of the initial share is left over         a second share equal to 15% of its initial share,
in a Member State, it is essential that each State              rounded up to the next unit where appropriate, to
should return a significant proportion to the reserve           the extent that the amount in the reserve allows .
to prevent a part of the Community quota from
 remaining unused in one Member State while it could
 be used in others ;                                            2. If, after its initial share has been exhausted, 90%
                                                                or more of the second share drawn by a Member
Whereas, since the Kingdom of Belgium, the King­                State has been used, that Member State shall proceed
dom of the Netherlands and the Grand Duchy of                   without delay, in accordance with the conditions laid
 Luxembourg are united in and represented by the                down in paragraph 1 , to draw a third share equal
 Benelux Economic Union, any measure concerning                 to 7-5% of its initial share, rounded up to the next
 the administration o»f the quota shares allocated to           unit where appropriate, to the extent that the amount
                                                                 in the reserve allows .
 that economic union may be carried out by any of
 its members,
                                                                3 . If, after its second share has been exhausted, 90%
  HAS ADOPTED THIS REGULATION :
                                                                 or more of the third sihare drawn by a Member State
                                                                 has been used, that Member State shall, in accordance
                                                                 with the same conditions, draw a fourth share equal
                                                                 to the third .
                         Article 1
                                                                 This process shall be applied until the reserve is
 From 1 January until 31 December 1977, the                      exhausted .
 Common Customs Tariff duties in respect of dried
 figs falling within subheading ex 08.03 B, originating
 in Spain and imported in immediate packings of a net            4. Notwithstanding the provisions of paragraphs 1 ,
 capacity not exceeding 15 kilogrammes shall be                  2 and 3 , the Member States may proceed to draw
 partially suspended at 3% within the limits of a                 shares smaller than those fixed in those paragraphs,
  Community tariff quota of 200 metric tons .                    if there is reason to believe that those shares might
                                                                  not be used up . They shall inform the Commission of
                                                                  the reasons which led them to apply this paragraph.
                         Article 2
                                                                                          Article 4
  1 . A first instalment, amounting to 160 metric tons
  of the Community tariff quota referred to in Article 1 ,        Each of the additional shares drawn pursuant to
  shall be allocated among the Member States ; the                Article 3 shall be valid until 31 December 1977.
 ---pagebreak--- 20. 12. 76                           Official Journal of the European Communities                         No L 350/27
                         Article 5                             drawn pursuant to Article 3, it is possible for charges
                                                               to be made without interruption against their
The Member States shall return to the reserve, not              accumulated shares of the Community quota.
later than 1 October 1977, the unused portion of their
initial share which, on 15 September 1977, is in excess        2. The Member States shall ensure tlhat importers of
of 20% of the initial amount. They may return a                the said goods established in their territory have free
greater portion if there are grounds for believing that         access to the shares allocated to them.
such portion imay not ibe used in fulll.
                                                               3. The Member States shall charge imports of the
The Member States shall, not later than 1 October              product concerned against their shares as and when
1977, notify the Commission of the total quantities             the goods are entered for home use.
of the said goods imported up to and including
15 September 1977, and charged against the                     4. The extent to which a Member State has used up
appropriate Community tariff quota and any                     its share shall be determined on the basis of the
quantities of the initial share returned to the reserve.       imports charged in accordance with paragraph 3.
                         Article 6
                                                                                          Article 8
The Commission shall keep account of the shares
opened by Member States in accordance with Articles
2 and 3 and shall inform edch 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 1977,
notify Member States of the amount in the reserve
after the return of shares pursuant to Article 5.                                         Article 9
The Commission shall ensure tihait any drawing which           The Member States and the Commission shall
uses up the reserve is limited to the balance available        cooperate closely in order to ensure that this
and, for this purpose, shall specify the amount there­         Regulation is observed.
of 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            1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 9 December 1976.
                                                                                 For the Council
                                                                                   The President
                                                                                 P. J. J. MERTENS