31974R3292

No L 353 /34 Official Journal of the European Communities 30 . 12 . 74

REGULATION (EEC) No 3292/74 OF THE COUNCIL of 19 December 1974

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, allocation should be in proportion to the needs of the Member States, assessed by reference to both the statistics of each State 's imports of the said goods Having regard to the Treaty establishing the from Spain over a representative period and the European Economic Community, and in particular economic outlook for the quota period concerned ; Articles 43 and 113 thereof;

Whereas, during the past three years for which Having regard to the proposal from the Commission ; 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 Opinion of the European Spain of the products concerned : Parliament;

1971 1972 1973 Whereas the Agreement between the European Economic Community and Spain, signed at Luxem­ — — — Germany bourg on 29 June 1970, provides in Article 2 ( 1 ) Benelux 100 = five " " together with Article 9 of Annex I for the opening metric by the Community of an annual Community tariff tons quota of 200 metric tons of dried figs falling within France — — — subheading ex 08.03 B of the Common Customs Tariff, originating in Spain and imported in — — — Italy immediate packings of a net capacity of 15 kg or less ; whereas, pursuant to Article 9 of the said Annex, the quota duty is equal to 30% of the Common Customs Whereas, in view of these factors and of the estimates Tariff duty in respect of the product concerned ; submitted by certain Member States as well as the practical need to ensure that the obligations contracted under the Agreement concerned are Whereas the Community tariff quota in question allocated fairly among all the Member States , initial should be opened for the year 1975 ; and whereas, quota shares may be fixed approximately at the however, because of the possibility of implementing following percentages : other preferential arrangements as a result of a new Germany 25 Agreement between the European Economic Com­ munity and Spain, it is necessary to limit the quota Benelux 25 period to the date on which the new Agreement France 25 enters into force ; Italy 25

Whereas it is in particular necessary to ensure to all Whereas , in order to take into account import trends Community importers equal and uninterrupted access for the products concerned in the different Member to the abovementioned quota and uninterrupted States, the quota amount should be divided into two application of the rate laid down for that quota tranches, the first tranche being allocated among the to all imports of the product concerned into all Member States , and the second forming a reserve Member States until the quota has been used intended ultimately to cover the requirements of the up ; whereas, having regard to the principles Member States which have used up their initial mentioned above, the Community nature of the shares ; whereas, in order to ensure a certain degree quota can be respected by allocating the Community of security to importers in each Member State , the tariff quota among the Member States ; whereas, in first tranche of the Community quota should be order to reflect more accurately the actual develop­ determined at a level which, under present circum­ ment of the market in the product concerned , such stances, may be 80% of the quota amount ;

30 . 12 . 74 Official Journal of the European Communities No L 353 /35

Whereas, the initial shares of the Member States may Germany 40 metric tons , be used up at different times ; whereas , in order to Benelux 40 metric tons , take this fact into account and avoid any break in continuity, it is important that any Member State France 40 metric tons , having used up almost the whole of its initial share Italy 40 metric tons . sfhould draw an additional share from the reserve ; whereas, this must be done by each Member State as and when each of its additional shares is almost 2 . The second tranche of 40 metric tons shall constitute the reserve . entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional shares must be available for use until the end of Article 3 the quota period, whereas this method of admin­ istration calls for close cooperation between Member States and the Commission, which must, in particular, 1 . If 90% or more of the initial share of a Member be able to observe the extent to which the quota State , as laid down in Article 2 ( 1 ), or 90% of that amount is used and inform Member States thereof ; share less the amount returned into reserve , where the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed Whereas if, at a specified date in the quota period, without delay, by notifying the Commission, to draw a considerable balance remains in one or other a second share equal to 15% of its initial share , Member State it is essential that that Member State rounded up to the next unit where appropriate, to pays a large amount of it back into the reserve, in the extent that the amount in the reserve allows . order to avoid a part of the Community quotas remaining unused in one Member State when it could 2 . If, after its initial share has been exhausted , 90% be used in others ; or more of the second share drawn by a Member State has been used, that Member State shall proceed Whereas, since the Kingdom of Belgium, the Kingdom without delay, in accordance with the conditions laid of the Netherlands and the Grand Duchy of Luxem­ down in paragraph 1 , to draw a third share equal to bourg are united in and represented by the Benelux 7-5% of its initial share, rounded up to the next unit Economic Union, all transactions concerning the where appropriate, to the extent that the amount in administration of shares granted to the abovemen­ the reserve allows . tioned Economic Union may be carried out by any one of its members , 3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member State has been used , that Member State shall proceed, in the same way, to draw a fourth share equal to the HAS ADOPTED THIS REGULATION : third .

This process shall be applied until the reserve is Article 1 exhausted .

From 1 January 1975 until the date of entry into 4 . Notwithstanding the provisions of paragraphs 1 , force of a new Agreement between the European 2 and 3 , the Member States may proceed to draw Economic Community and Spain but not later than shares smaller than those fixed in those paragraphs, 31 December 1975 , the Common Customs Tariff duty if there is reason to believe that those shares might in respect of dried figs falling within subheading not be used up . They shall inform (the Commission ex 08.03 B, originating in Spain and imported in of the reasons which led them to apply this immediate packings of a net capacity not exceeding paragraph . 15 kg shall be partially suspended at 3% within the limits of a Community tariff quota of 200 metric tons . Article 4

The additional shares drawn pursuant to Article 3 Article 2 shall be valid until the end of the period stipulated in Article 1 . 1 . A first tranche, amounting to 160 metric tons of the Community tariff quota referred to in Article 1 , Article 5 shall be shared among the Member States ; the proportions which, subject to Article 5 , shall be valid from 1 January until the end of the period specified If, by 15 September 1975 , a Member State has not in Article 1 , shall be as follows : used up its initial share, it shall , not later than

No L 353 / 36 Official Journal of the European Communities 30 . 12 . 74

10 October 1975 , return to the reserve the unused drawn pursuant to Article 3 , it is possible for portion of this share in excess of 20% of the initial charges to be made without interruption against amount. It may return a larger quantity if there is their accumulated shares of the Community quota. reason to believe that such quantity might not be used . 2. The Member States shall ensure that importers of the said goods established in their territory have The Member States shall, not later than 10 October free access to the shares allocated to them . 1975, notify the Commission of the total imports of the product concerned effected up to 15 September 3 . The Member States shall charge imports of the 1975 inclusive, and charged against the Community product concerned against their shares as and when quota and , where appropriate , the proportion of their the goods are entered for home use. initial share that is being returned to the reserve . 4 . The extent to which a Member State has used Article 6 up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of Article 8 the extent to which the reserve has been used as soon as it receives the notifications . Member States shall inform the Commission at regular intervals of imports actually charged against The Commission shall, not later than 15 October their shares . 1975 , notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 . Article 9 The Commission shall ensure that any drawing which uses up the reserve is limited to the balance The Member States and the Commission shall available and, for this purpose, shall specify the cooperate closely in order to ensure that this amount thereof to the Member State which makes Regulation is observed . the final drawing.

Article10¶

1 . The Member States shall take all appropriate This Regulation shall enter into force on measures to ensure that, when additional shares are 1 January 1975 .

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

Done at Brussels , 19 December 1974 .

For the Council

The President J. P. FOURCADE