31974R0360

No L 48/50 Official Journal of the European Communities 20 . 2 . 74

REGULATION (EEC) No 360/74 OF THE COUNCIL of 4^February 1974

opening, allocating and providing for the administration of a Community tariff quota for dried figs falling within subheading No ex 08.03 B of the Common Customs Tariff, originating in Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, during the past three years for which 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 Treaty establishing the European Spain of the products concerned : Economic Community, and in particular Articles 43 and 113j:hereof ; 1970 1971 1972 Having regard to the proposal from the Commission ; — — — Germany Benelux 30 100 Having regard to the Opinion of the European (= 5 mt) Parliament ; France 70 — —

— — — Italy Whereas the Agreement between the European Econo­ mic Community and Spain, signed ^at Luxembourg on 29 June 1970, provides in Article 2 (1) together with Article 9 of Annex I for the opening by the Community Whereas, in view of these factors and of the estimates of an annual Community tariff quota of 200 metric submitted by certain Member States as well as the tons of dried figs falling within subheading No ex practical need to ensure that the obligations contracted 08.03 B of the Common Customs Tariff, originating under the Agreement concerned are allocated fairly in Spain and imported in immediate packings of a among all the Member States, initial quota shares net capacity of 15 kg or less ; whereas, pursuant to may be fixed approximately at the following percen­ Article 9_of the said Annex, the quota duty is equal tages : to 30% of the Common Customs Tariff duty in respect of the product concerned ; Germany 10 Benelux 30 Whereas it is in particular necessary to ensure to all France 50 Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Italy 10 application of the rate laid down for that quota to all imports of the product concerned into all Member States until the quota has been used up ; whereas, Whereas, in order to take into account import trends having regard to the principles mentioned above, for the products concerned in the different Member the Community nature of the quota can be respected States, the quota amount should be divided into two by allocating the Community tariff quota among the tranches, the first tranche being allocated among the Member States ; whereas, in order to reflect more Member States, and the second forming a reserve accurately the actual development of the market in intended ultimately to cover the requirements of the the product concerned, such allocation should be in Member States which have used up their initial proportion to the needs of the Member States, assessed shares ; whereas , in order to ensure a certain degree by reference to both the statistics of each State's of security to importers in each Member State, the imports of the said goods from Spain over a represen­ first tranche of the Community quota should be tative period and the economic outlook for the quota determined at a level which, under present circum­ period concerned ; stances, may be 80% of the quota amount ;

20 . 2 . 74 Official Journal of the European Communities No L 48 /51

"Whereas, the initial shares of the Member States may 2. The second tranche of 40 metric tons shall consti­ be used up at different times ; whereas , in order to tute the reserve. take this fact into account and avoid any break in 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 ; whereas, this must be done by each Member State as 1 . If 90% or more of the initial share of a Member and when each of its additional shares is almost State, as laid down in Article 2 ( 1), or 90% of that entirely used up, and repeated as many times as the share less the amount returned into the reserve, reserve allows ; whereas the initial and additional where the provisions of Article 5 have been applied, shares must be available for use until the end of the has been exhausted, that Member State shall proceed quota period ; whereas this method of administration without delay, by notifying the Commission, to calls for close cooperation between Member States draw a second share equal to 15% of its initial and the Commission, which must, in particular, be share, rounded up to the next unit where appropriate, able to observe the extent to which the quota amount to the extent that the amount in the reserve allows . is used and inform Member States thereof ;

2. If, after its initial share has been exhausted, 90% Whereas if, at a specified date in the quota period, a or more of the second share drawn by a Member considerable balance remains in one or other Member State has been used, that Member State shall proceed State it is essential that that Member State pays a without delay, in accordance with the conditions laid large amount of it back into the reserve, in order to down in paragraph 1 , to draw a third share equal to avoid a part of the Community quotas remaining 7-5 % of its initial share, rounded up to the next unit unused in one Member State when it could be used where appropriate, to the extent that the amount in in others ; the reserve allows .

Whereas, since the Kingdom of Belgium, the Kingdom 3 . If, after its second share has been exhausted, 90% of the Netherlands and the Grand Duchy of Luxem­ or more of the third share drawn by a Member State bourg are united in and represented by the Benelux has been used, that Member State shall proceed, in the Economic Union, all transactions concerning the same way, to draw a fourth share equal to the third. administration of shares granted to the abovementioned Economic Union may be carried out by any one of its members, This process shall be applied until the reserve is ex­ hausted.

HAS ADOPTED THIS REGULATION : 4. Notwithstanding the provisions~of paragraphs 1 , 2 andJS, the^Member States may proceed to draw shares smallerj:han those^fixed in those paragraphs, Article 1 if there is reason to believe that those shares might not be used up. They shall inform the Commission of the Until 31 December 1974, the Common Customs reasons which led them to apply this paragraph. Tariff duty in respect of dried figs falling within subheading No ex 08.03 B, originating in Spain and imported in immediate packings of a net capacity Article 4 not exceeding 15 kg shall be partially suspended at 3 % within the limits of a Community tariff quota of The additional shares drawn pursuant to Article 3 200 metric tons . shall be valid until 31 December 1974.

Article 2 Article 5 1 . A first tranche, amounting to 160 metric tons of the Community tariff quota referred to in Article 1 , If, by 15 September 1974, a Member State has not used shall be shared among the Member States ; the up its initial share, it shall, not later than 10 October proportions which, subject to Article 5, shall be 1974, return to the reserve the unused portion of this valid from 1 January until 31 December 1974 shall share in excees of 20% of the initial amount. It may consist of the following amounts : return a larger quantity if there is reason to believe that such quantity might not be used. Germany 16 Benelux 48 The Member States shall, not later than 10 October France 80 1974, notify the Commission of the total imports of the Italy 16 product concerned effected up to 15 September 1974

No L 48/52 Official Journal of the European Communities 20 . 2 . 74

inclusive, and charged against the Community quota 2. The Member States shall ensure that importers of and, where appropriate, the proportion of their initial the said goods established in their territory have free share that is being returned to the reserve . access to the shares allocated to them .

3 . The Member States shall charge imports of the Article 6 product concerned against their shares as and when the goods are entered for home use.

The Commission shall keep account of the shares 4. The extent to which a Member State has used up opened by Member States in accordance with Articles its share shall be determined on the basis of the imports 2 and 3 and shall inform each of them of the extent charged in accordance with paragraph 3 . to which the reserve has been used as soon as it receives the notifications . Article 8 The Commission shall , not later than 15 October 1974, Member States shall inform the Commission at regular notify Member States of the amount in the reserve intervals of imports actually charged against their after the return of shares pursuant to Article 5. shares .

The Commission shall ensure that any drawing which Article 9 uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof The Member States and the Commission shall of the Member State which makes the final drawing. cooperate closely in order to ensure that this Regu­ lation is observed .

Article7¶

The tariff quota laid down in this Regulation shall be 1 . The Member States shall take all appropriate mea­ opened for 1974. sures to ensure that, when additional shares are drawn pursuant to Article 3, it is possible for charges to be This Regulation shall enter into force three days made without interruption against their accumulated following its publication in the Official Journal of the shares of the Community quota . European Communities.

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

Done at Brussels, 4 February 1974.

For the Council

The President

W. SCHEEL