31973R0423

No L 59 / 34 Official Journal of the European Communities 5.3.73

REGULATION (EEC) No 423 /73 OF THE COUNCIL of 5 February 1973 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 and imported in immediate packings of a net capacity of 15 kg or less

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, during the last three years for which statistics are available, the corresponding imports by each of the Member States represent the following Having regard to the Treaty establishing the percentages of the imports into the Community from European Economic Community and in particular Spain of the products concerned : Articles 43 and 113 thereof ;

1969 1970 1971 Having regard to the proposal from the Commission ;

— — Germany Having regard to the Opinion of the European Benelux 100 (= It) 30 100 (= 5 t) Parliament ; France — 70 —

— — — Italy Whereas the Agreement between the European Economic Community and Spain , signed at Luxembourg on 29 June 1970, provides in Article 2 ( 1 ) together with Article 9 of Annex I for the Whereas, in view of these data and the estimates opening by the_ Community of an annual Community submitted by certain Member States as well as the tariff quota of 200 tons of dried figs falling within practical need to ensure that the obligations subheading ex 08.03 B of the Common Customs contracted under the Agreement concerned are Tariff originating in Spain and imported in allocated fairly among all the Member States , initial immediate packings of a net capacity of 15 kg or less; quota shares may be fixed approximately at the whereas, pursuant to Article 9 of the said Annex the following percentages : quota duty is equal to 30 % of the Common Customs Tariff duty in respect of the product concerned ; Germany 3 whereas therefore a Community tariff quota of 200 Benelux 30 metric tons at a duty rate 3 % for the product concerned should be opened for 1973 ; France 65

Italy 2 ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access Whereas, in order to take into account import trends to the abovementioned quota and uninterrupted for the products concerned in the different Member application of the rate laid down for that quota to all States , the quota amount should be divided into two imports of the product concerned into all Member instalments , the first instalment being allocated States until the quota has been used up ; whereas, among the Member States, and the second forming a having regard to the principles mentioned above, the reserve intended ultimately to cover the requirements Community nature of the quota can be respected by of the Member States which have used up their initial allocating the Community tariff quota among the quota shares ; whereas , in order to ensure a certain Member States ; whereas , in order to reflect most degree of security to importers in each Member State, accurately the actual development of the market in the first instalment of the Community quota should the product concerned, such allocation should be in be determined at a level which, under present proportion to the needs of the Member States, circumstances, may be 80 % of the quota amount ; assessed by reference both to the statistics of each State's imports from Spain over a representative period and to the economic outlook for the quota Whereas the initial quota shares of the Member period concerned ; States may be used up at different times ; whereas, in

5.3.73 Official Journal of the European Communities No L 59 / 35

order to take this fact into account and avoid any 2 . The second instalment, amounting to 40 tons, "break in continuity , it is important that any Member shall make up the reserve . State having used up almost the whole of its intitial quota share should draw an additional quota share from the reserve ; whereas, this must be done by each Article 3 Member State as and when each of its additional quota shares is almost entirely used up, and repeated 1 . If 90 % or more of the initial share of a as many times as the reserve allows ; whereas the Member State, as laid down in Article 2 ( 1 ), or 90 % initial and additional quota shares must be available of that share less the amount returned into the for use until the end of the quota period ; whereas this method of administration calls for close reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State shall cooperation between Member States and the proceed without delay, by notifying the Commission, Commission, which must, in particular, be able to to draw a second share equal to 15 % of its initial observe the extent to which the quota amount is used share, rounded up to the next unit where and inform Member States thereof ; appropriate, to the extent that the amount in the reserve allows . Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Member State it is essential that that Member State 2. If, after its initial share has been exhausted, pays a large amount of it back into the reserve, in 90 % or more of the second share drawn by a order to avoid a part of the Community quota Member State has been used, that Member State shall remaining unused in one Member State when it could proceed without (jfelay, by notifying the Commission, be used in others ; to draw a third share equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the Whereas , since the Kingdom of Belgium, the reserve allows . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union , all transactions concerning 3 . If, after its second share has been exhausted, the administration of shares granted to the 90 % or more of the third share drawn by a Member abovementioned Economic Union may be carried out State has been used, that Member State shall proceed, by any one of its members ; pursuant to the provisions of paragraph 2, to draw a fourth share equal to the third. HAS ADOPTED THIS REGULATION : This process shall be applied until the reserve is exhausted . Article 1 4. Notwithstanding the provisions of paragraphs As from 1 January 1973 and until 31 December 1973 , 1 , 2 and 3 , the ' Member States may proceed to draw the Common Customs Tariff duty in respect of dried shares smaller than those fixed in those paragraphs, if figs falling within subheading ex 08.03 B, originating there is reason to believe that those shares might not in Spain and imported in immediate packings of a net be used up. They shall inform the Commission of the capacity not exceeding 15 kgs shall be partially reasons which led them to apply this paragraph. suspended at 3 % within the framework of a Community tariff quota of 200 tons .

Article 4 Article 2 The additional shares drawrj^ pursuant to Article 3 1 . A first instalment, amounting to 160 tons of the shall be valid until 31 December 1973 . Community tariff quota referred to in Article 1 shall be shared among the Member States ; the proportions which , subject to Article 5 , shall he valid from 1 Article 5 January until 31 December 1973 shall consist of the following amounts ; If, by 15 September 1973 , a Member State has not Germany 5 metric tons used up its initial share, it shall, not later than 10 October 1973 , return to the reserve the unused Benelux 48 metric tons portion of this share in excess of 20 % of the initial France 104 metric tons amount. It may return a larger quantity if there are reasons to consider that such quantity might not be Italy 3 metric tons used .

No L 59 / 36 Official Journal of the European Communities 5 . 3 . 73

The Member States shall , not later than 10 October 2 . The Member States shall guarantee to importers 1973 , notify the Commission of the total imports of of the product concerned established in their territory the product concerned effected up to 15 September free access to the shares allocated to them . 1973 inclusive, and charged against the Community quota and, where appropriate, the proportion of their 3 . The Member States shall charge imports of the initial share that is being returned to the reserve. product concerned against their shares in so far as the product has been presented for Customs clearance under cover of declarations that it has been Article 6 made available for consumption .

The Commission shall keep account of the shares 4 . The extent to which the Member States ' shares opened by Member States in accordance with Articles have been used up shall be recorded on the basis of 2 and 3 and shall inform each of them of the extent the imports charged in the conditions laid down in to which the reserve has been used as soon as it paragraph 3 . receives the notifications .

The Commission shall, not later than 15 October Article 8 1973 , notify Member States of the amount in the reserve after the return of shares pursuant to Member States shall inform the Commission at Article 5 . regular intervals of imports from Spain actually charged against their shares . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall specify the Article 9 amount thereof to the Member State which makes the final drawing. The Member States and the Commission shall cooperate closely in order to ensure that the provisions of this Regulation are observed. Article 7 Article 10 1 . The Member States shall take all appropriate measures to ensure that , when additional shares are drawn pursuant to Article 3 , it is possible for charges This Regulation shall enter into force on the third to be made without interruption against their day following its publication in the Official Journal accumulated shares of the Community quota. of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 February 1973 .

For the Council

The President

R. VAN ELSLANDE