31974R0361

20 . 2 . 74 Official Journal of the European Communities No L 48 /53

REGULATION (EEC ) No 361/74 OF THE COUNCIL of 4 February 1974

opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading No ex 08.04 B I of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the past three years for which sta­ tistics are available, the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Spain of the products concerned : Having regard to the Treaty establishing the European Economic Community and in particular Articles 43 1970 1971 1972 and 113 thereof ;

Germany 2 -6 2-1 4-5 Having regard to the proposal from the Commission ; Benelux 17-8 18-6 13-5

France 60-8 66-5 61-7 Having regard to the Opinion of the European Parlia­ Italy 18-8 12-8 20-3 ment ;

Whereas the Agreement between the European Econo­ Whereas , in view of these factors and of the estimates mic Community and Spain, signed at Luxembourg on submitted by certain Member States, initial quota 29 June 1970, provides in Article 2 ( 1 ) together with shares may be fixed approximately at the following Article 9 of Annex I for the opening by the Community percentages : of an annual duty-free Community tariff quota of 1 700 metric tons of dried grapes falling within sub­ Germany 2-8 heading No ex 08.04 B I of the Common Customs Benelux 17*0 Tariff, originating in Spain and imported in immediate containers of a net capacity of 15 kg or less ; whereas France 63 - 4 therefore a duty-free Community tariff quota of 1 700 Italy 16*6 metric tons should be opened for the product con­ cerned for 1974 ; Whereas , in order to take into account import trends for the product concerned in the divided Member States, the quota amount should be divided into two Whereas it is in particular necessary to ensure to all tranches, the first tranche being allocated among the Community importers equal and uninterrupted access Member States, and the second forming a reserve to the abovementioned quota and uninterrupted intended ultimately to cover the requirements of the application of the rate laid down for that quota to all Member States which have used up their initial quota imports of the product concerned into all Member shares ; whereas , in order to ensure a certain degree of States until the quota has been used up ; whereas, security to importers in each Member States , the first having regard to the principles mentioned above, the tranche of the Community quota should be deter­ Community nature of the quota can be respected by mined at a level which, under present circumstances , allocating the Community tariff quota among the may be 80 % of the quota amount ; Member States ; whereas , in order to reflect more accurately the actual development of the market in the product concerned, such allocation should be in pro­ Whereas the initial quota shares of the Member States portion to the needs of the Member States , assessed may be used up at different times ; whereas , in order by reference to both the statistics of each State's im­ to take this fact into account and avoid any break in ports of the said products from Spain over a represen­ continuity, it is important that any Member State tative period and the economic outlook for the quota having used up almost the whole of its initial quota period concerned ; share should draw an additional quota share from the

No L 48/54 Official Journal of the European Communities 20 . 2 . 74

reserve ; whereas, this must be done by each Member Article 3 State as and when each of its additional quota shares is almost entirely used up, and repeated as many times If 90% or more of the initial share of a Member as the reserve allows ; whereas the initial and additional State, as laid down in Article 2 ( 1 ), or 90% of that quota shares must be available for use until the end of share less the amount returned into the reserve, where the quota period ; whereas this method of administra­ the provisions of Article 5 have been applied, has been tion calls for close cooperation between Member exhausted, that Member State shall proceed without States and the Commission, which must, in particular, delay, by notifying the Commission, to draw a second be able to observe the extent to which the quota share equal to 15 % of its initial share, rounded up to amount is used and inform Member States thereof ; 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 2. If, after its initial share has been exhausted, 90% State it is essential that that Member State pays a large or more of the second share drawn by a Member State amount of it back into the reserve, in order to avoid has been used, that Member State shall proceed a part of the Community quota remaining unused in without delay, in accordance with the conditions laid one Member State when it could be used in others ; down in paragraph 1 , to draw a third 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 Kingdom reserve allows . of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux Economic Union, all transactions concerning the ad­ 3 . If, after its second share has been exhausted, 90% ministration of shares granted to the abovementioned or more of the third share drawn by a Member State Economic Union may be carried out by any one of its has been used, that Member State shall proceed, in the members, same way, to draw a fourth share equal to the third.

This process shall be applied until the reserve is ex­ hausted. HAS ADOPTED THIS REGULATION : 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw Article 1 shares smaller than those fixed in those paragraphs, if there is reason to believe that they might not be used Until 31 December 1974, the Common Customs Tariff up. They shall inform the Commission of the reasons duty in respect of dried grapes falling within subhead­ which led them to apply this paragraph. ing No ex 08.04 B I, originating in Spain and imported in immediate containers of a net capacity not exceed­ ing 15 kg shall be entirely suspended within the limits Article 4 of a Community tariff quota of 1 700 metric tons.

The additional shares drawn pursuant to Article 3 Article 2 shall be valid until 31 December 1974.

1 . A first tranche, amounting to 1 360 metric tons of the Community tariff quota referred to in Article 1 Article 5 shall be shared among the Member States ; the pro­ portions which, subject to Article 5, shall be valid If, by 15 September 1974, a Member State has not used until 31 December 1974, shall consist of the following up its initial share, it shall, not later than 10 October amounts : 1974, return to the reserve the unused portion of this share in excees of 20% of the initial amount. It may Germany 40 metric tons return a larger quantity if there is reason to believe that such quantity might not be used. Benelux 230 metric tons

France 860 metric tons The Member States shall, not later than 10 October Italy 230 metric tons 1974, notify the Commission of the total imports of the product concerned effected up to 15 September 1974 inclusive and charged against the Community 2. The second tranche of 340 metric tons shall consti­ quota and, where appropriate, the proportion of their tute the reserve. initial share that is being returned to the reserve.

20 . 2 . 74 Official Journal of the European Communities No L 48 /55

Article 6 3 . The Member States shall charge imports of the product concerned against their shares as and when The Commission shall keep account of the share the goods are entered for home use. opened by Member States in accordance with Articles 4. The extent to which a Member State has used up 2 and 3 and shall inform each of them of the extent its shares shall be determined on the basis of the to which the reserve has been used as soon as it imports charged in accordance with paragraph 3 . receives the notifications .

The Commission shall, not later than 15 October 1974, Article 8 notify Member States of the amount in the reserve after the return of shares pursuant to Article 5. Member States shall inform the Commission at regular intervals of imports actually charged against their The Commission shall ensure that any drawing which quota shares. uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof Article 9 to the Member State which makes the final drawing. The Member States and the Commission shall coop­ Article 7 erate closely in order to ensure that this Regulation is observed. 1 . The Member States shall take all measures appro­ Article 10 priate to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their accumulated The tariff quota laid down in this Regulation shall be shares of the Community quota. opened for 1974.

2. The Member States shall ensure that importers of This Regulation shall enter into force three days the said goods established in their territory have free following its publication in the Official Journal of access to the share allocated to them . the 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