31973R0424

5 . 3 . 73 Official Journal of the European Communities No L 59 /37

REGULATION ( EEC) No 424/73 OF THE COUNCIL of 5 February 1973 opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading ex 08.04 B I of the Common Customs Tariff, originating in Spain, imported in immediate packings of a net capacity of 15 kg or less

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1969 1970 1971

Having regard to the Treaty establishing the European Economic Community and in particular Germany 6- 3 2-6 2-1 Articles 43 and 113 thereof ; Benelux 17-0 17-8 18-6 France 76-7 60-8 66-5 Having regard to the proposal from the Commission ; — 18-8 12-8 Italy

Having regard to the Opinion of the European Parliament ; Whereas , in view of these data and the estimates submitted by certain Member States , initial quota Whereas the Agreement between the European Economic Community and Spain , signed at shares may be fixed approximately at the following Luxembourg on 29 June 1970, provides in Article 2 percentages : ( 1 ) together with Article 9 of Annex I for the opening by the Community of an annual duty-free Germany 6-0 Community tariff quota of 1 700 metric tons of dried grapes falling within subheading ex 08.04 B I of the Benelux 17-0 Common Customs Tariff originating in Spain and imported in immediate packings of a net capacity of France 64-3 15 kg or less ; whereas therefore a duty-free Community tariff quota of 1 700 metric tons should Italy 12-7 ; be opened for the product concerned for 1973 ;

Whereas, in order to take into account import trends Whereas it is in particular necessary to ensure to all for the product concerned in the different Member Community importers equal and uninterrupted access States , the quota amount should be divided into two to the abovementioned quota and uninterrupted instalments , the first instalment being allocated among application of the rate laid down for that quota to all the Member States , and the second forming a reserve imports of the product concerned into all Member intended ultimately to cover the requirements of the States until the quota has been used up ; whereas , Member States which have used up their initial quota having regard to the principles mentioned above, the shares ; whereas, in order to ensure a certain degree of Community nature of the quota can be respected by security to importers in each Member State, the first allocating the Community tariff quota among the instalment of the Community quota should be de­ Member States ; whereas , in order to reflect most termined at a level which , under present circum­ accurately the actual development of the market in stances, may be 80 % of the quota amount; the product concerned, such allocation should be in proportion to the needs of the Member States , Whereas the initial quota shares of the Member assessed by reference both to the statistics of each States may be used up at different times ; whereas, in States ' imports from Spain over a representative order to take this fact into account and avoid any period and to the economic outlook for the quota break in continuity, it is important that any Member period concerned ; State having used up almost the whole of its initial quota share should draw an additional quota share Whereas, during the last three years for which from the reserve ; whereas, this must be done by each statistics are available , the corresponding imports by Member State as and when each of its additional each of the Member States represent ; the following quota shares is almost entirely used up, and repeated percentages of the imports into the Community from as many times as the reserve allows ; whereas the Spain of the products concerned : initial and additional quota shares must be available

No L 59 / 38 Official Journal of the European Communities 5 . 3 . 73

for use until the end of the quota period; whereas of that share less the amount returned into the this method of administration calls for close cooper­ reserve, where the provisions of Article 5 have been ation between Member States and the Commission, applied, has been exhausted, that Member State shall which must, in particular, be able to observe the ex­ proceed without delay, by notifying the Commission , tent to which the quota amount is used and inform to draw a second share equal to 15 % of its initial Member States thereof; share, rounded up to the next unit where 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 delay, 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 Whereas, since the . Kingdom of Belgium, the appropriate, to the extent that the amount in the Kingdom of the Netherlands and the Grand Duchy of reserve allows . 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 paragraph 1 , As from 1 January 1973 and until 31 December 1973 , 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 grapes falling within subheading ex 08.04 B I, there is reason to believe that those shares might not originating in Spain and imported in immediate be used up . They shall inform the Commission of the packing of a net capacity not exceeding 15 kg shall reasons which led them to applv this paragraph . be entirely suspended within the framework of a Community tariff quota of 1 700 metric tons .

Article4¶

1 . A first instalment, amounting to 1 360 metric The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1973 . tons of the Community tariff quota referred to in Article 1 shall be shared among the Member States ; the proportions which, subject to Article 5, shall be valid from 1 January until 31 December 1973 , shall Article 5 consist of the following amounts :

Germany 80 metric tons If, by 15 September 1973 , a Member State has not Benelux 230 metric tons used up its initial share, it shall, not later than 10 October 1973 , return to the reserve the unused France 880 metric tons portion of this share in excess of 20 % of the initial Italy 170 metric tons . amount. It may return a larger quantity if there are reasons to consider that such quantity might not be used . 2 . The second instalment, amounting to 340 metric tons , shall make up the reserve . The Member States shall, not later than 10 October 1973 , notify the Commission of the total imports of Article 3 the product concerned effected up to 15 September 1973 inclusive, and charged against the Community 1 . If 90 % or more of the initial share of a quota and, where appropriate, the proportion of their Member State, as laid down in Article 2 ( 1 ), or 90 % initial share that is being returned to the reserve.

5.3.73 Official Journal of the European Communities No L 59 /39

Article 6 3 . The Member States shall charge imports of the product concerned against their shares according The Commission shall keep account of the share as the product has been presented for Customs clearance under cover of declarations that it has been opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent made available for consumption. to which the reserve has been used as soon as it receives the notifications . 4 . The extent to which the Member States ' shares have been used up shall, be recorded on the basis of The Commission shall, not later than 15 October the imports charged in the conditions laid down in 1973 , notify Member States of the amount in the paragraph 3 . reserve after the return of shares pursuant to Article 5 .

Article 8 The Commission shall ensure that any drawing ♦ which uses up the reserve is limited to the balance Member States shall inform the Commission at available and, for this purpose, shall specify the amount thereof to the Member State which makes regular intervals of imports from Spain actually the final drawing. charged against their quota shares .

Article 9 Article 7 The Member States and the Commission shall 1 . The Member States shall take all measures cooperate closely in order to ensure that the appropriate to ensure that, when additional shares provisions of this Regulation are observed. are drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their accumulated shares of the Community quota. Article 10

2. The Member States shall guarantee to importers This Regulation shall enter into force on the third of the product concerned established in their territory day following its publication in the Official Journal free access to the share allocated to them . 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