COUNCIL REGULATION (EEC) No 3229/90   of 5 November 1990   opening and providing for the  administration of Community tariff quota for dried figs coming from Spain (1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 30 and 75  thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Articles 30 and 75 of the Act of Accession, the customs duties applicable to  imports into the Community as constituted on 31 December 1985 of the following product coming from  Spain are to be phased out within the limits of a Community tariff quota of 200 tonnes of dried  figs falling within CN code ex 0804  20  90; whereas on 1 January 1991, the duties in question are  to be reduced to 25  % of the basic duties; whereas the said basic duties are those laid down by  Council Regulation (EEC) No 4161/87 of 22 December 1987 laying down, consequent on the entry into  force of the combined nomenclature, the basic duties to be adopted within the Community as  constituted at 31 December 1985 for the purpose of calculating the successive reductions provided  for in the Act of Accession of Spain and Portugal  (1); whereas the said tariff quotas should  therefore be opened for 1991;
Whereas, by Commission Regulation (EEC) No 2573/90 of 5 September 1990 totally suspending certain  customs duties applicable by the Community of Ten to imports from Spain and Portugal  (2) which  concerns the products referred to in Annex II to the Treaty, with the exception of those referred  to by Regulation (EEC) No 3796/81  (3), as last amended by Commission Regulation (EEC) No 2886/89   (4), the said duties are totally suspended from the time they reach a level of 2  % or less;
Whereas Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements  applying to trade in agricultural products between Spain and Portugal  (5), as last amended by  Regulation (EEC) No 222/88  (6), lays down special arrangements for imports into Portugal of the  product in question coming from Spain; whereas the Community tariff quota should therefore apply to  only the Community as constituted at 31 December 1985;
Whereas all Community importers should be ensured equal and continuous access to the said quotas  and the duty rates laid down for the quota should be applied consistently to all imports of the  product in question into all Member States until the quota is exhausted; whereas it is appropriate  to take the necessary measures to ensure efficient Community administration of this tariff quota  while offering the Member States the opportunity to draw from the quota volume the necessary  quantities corresponding to actual imports; whereas this method of administration requires close  cooperation between the Member States and the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of  Luxembourg are united within, and jointly represented by the Benelux Economic Union, any operation  concerning the administration of the quota may be carried out by any of its members,
From 1 January to 31 December 1991 the  customs duties applicable to imports into the Community as constituted at 31 December 1985 of the  following product coming from Spain shall be suspended at the level indicated below and within the  limits of Community tariff quota as shown below: >TABLE>
(a)  Taric code: 0804  20   90  10
The tariff quota referred to in Article 1 shall be managed by the Commission,  which may take all appropriate administrative measures in order to ensure effective administration  thereof.
If an importer presents, in a Member State, a declaration of entry into free  circulation, including a request for preferential benefit for the product covered by this  Regulation and if that declaration is accepted by the customs authorities, the Member State  concerned shall inform the Commission and draw an amount corresponding to its requirements from the  amount of the tariff quotas.
The drawing requests, with indication of the date of acceptance of the said declaration, must be  transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the  declarations of entry into free circulation by the customs authorities of the Member States  concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to  the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation  shall be made on a pro rata basis with respect to the requests. Member States shall be informed by  the Commission of the drawings made.
Each Member State shall ensure that importers of  the product concerned have equal and continuous access to the quotas for such time as the residual  balance of the quota volume so permits.
The Member States and the Commission shall  cooperate closely to ensure that this Regulation is complied with.
This Regulation  shall enter into force on 1 January 1991.
This Regulation shall be binding in its  entirety and directly applicable in all Member States.