31974R3293

30 . 12 . 74 Official Journal of the European Communities No L 353 /37

REGULATION (EEC ) No 3293/74 OF THE COUNCIL

of 19 December 1974 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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , the Member States, assessed by reference to both the statistics of each State's imports of the said products from Spain over a representative period and Having regard to the Treaty establishing the the economic outlook for the quota period European Economic Community, and in particular 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 Com­ Having regard to the Opinion of the European munity from Spain of the products concerned : Parliament ;

1971 1972 1973 Whereas the Agreement between the European Economic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 Germany 2-1 4-5 2-3 ( 1 ) together with Article 9 of Annex I for the Benelux 18-6 13-5 11-1 opening by the Community of an annual duty-free France 66-5 61-7 70-2 Community tariff quota of 1 700 metric tons of dried grapes falling within subheading ex 08.04 B I Italy 12-8 20-3 16-4 of the Common Customs Tariff, originating in Spain and imported in immediate containers of a net capacity of 15 kg or less ; whereas therefore a duty­ Whereas in view of these factors and of the estimates free Community tariff quota of 1 700 metric tons submitted by certain Member States, initial quota should be opened for the product concerned for shares may be fixed approximately at the following 1975 ; percentages :

Germany 2 Whereas the Community tariff quota in question Benelux 13 should be opened for the year 1975 ; and whereas, however, because of the possibility of implementing France 72 other preferential arrangements as a result of a new Italy 13 Agreement between the European Economic Com­ munity and Spain, it is necessary to limit the quota period to the date on which the new Agreement Whereas, in order to take into account import trends enters into force ; for the product concerned in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Whereas it is in particular necessary to ensure to all Member States, and the second forming a reserve Community importers equal and uninterrupted intended ultimately to cover the requirements of the access to the abovementioned quota and uninter­ Member States which have used up their initial rupted application of the rate laid down for that quota shares ; whereas, in order to ensure a certain quota to all imports of the product concerned into degree of security to importers in each Member all Member States until the quota has been used up ; State, the first tranche of the Community quota whereas , having regard to the principles mentioned should be determined at a level which, under present above, the Community nature of the quota can be circumstances, may be 80% of the quota amount; respected by allocating the Community , tariff quota among the Member States ; whereas, in order to reflect more accurately the actual development of Whereas the initial quota shares of the Member the market in the product concerned, such States may be used up at different times ; whereas, allocation should be in proportion to the needs of in order to take this fact into account and avoid

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any break in continuity, it is important that any Germany 27 metric tons, Member State having used up almost the whole of its Benelux 177 metric tons, initial quota share should draw an additional quota share from the reserve ; whereas , this must be done France 980 metric tons , by each Member State as and when each of its additional quota shares is almost entirely used up, Italy 176 metric tons . and repeated as many times as the reserve allows ; 2 . The second tranche of 340 metric tons shall whereas the initial and additional quota shares must constitute the reserve. be available for use until the end of the quota period ; whereas this method of administration calls for close cooperation between Member States and the Commission, which must, in particular, be able Article 3 to observe the extent to which the quota amount is used and inform Member States thereof ; 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2 ( 1 ), or 90% of that share less the amount returned into the reserve, Whereas if, at a specified date in the quota period , a considerable balance remains in one or other where the provisions of Article 5 have been applied, Member State it is essential that that Member State has been exhausted, that Member State shall proceed pays a large amount of it back into the reserve, in without delay, by notifying the Commission, to draw order to avoid a part of the Community quota a second share equal to 15% of its initial share, remaining unused in one Member State when it rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . could be used in others ;

2 . If, after its initial share has been exhausted, 90% Whereas, since the Kingdom of Belgium, the or more of the second share drawn by a Member Kingdom of the Netherlands and the Grand Duchy State has been used, that Member State shall proceed of Luxembourg are united in and represented by without delay, in accordance with the conditions the Benelux Economic Union, all transactions laid down in paragraph 1 , to draw a third share concerning the administration of shares granted to equal to 7-5% of its initial share, rounded up to the abovementioned Economic Union may be carried the next unit where appropriate, to the extent that out by any one of its members, the amount in the reserve allows .

3 . If, after its second share has been exhausted, 90% or more of the third share drawn by a Member HAS ADOPTED THIS REGULATION : State has been used, that Member State shall proceed, in the same way, to draw a fourth share equal to the third. Article 1 This process shall be applied until the reserve is exhausted. From 1 January 1975 until the date of entry into force of a new Agreement between the European 4. Notwithstanding the provisions of paragraph 1 , Economic Community and Spain but not later than 2 and 3 , the Member States may proceed to draw 31 December 1975 , the Common Customs Tariff shares smaller than those fixed in those paragraphs, duty in respect of dried grapes falling within if there is reason to believe that they might not be subheading ex 08.04 B I, originating in Spain and used up. They shall inform the Commission of the imported in immediate containers of a net capacity reasons which led them to apply this paragraph. not exceeding 15 kg shall be entirely suspended within the limits of a Community tariff quota of 1 700 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 1 360 metric tons of the Community tariff quota referred to in Article 5 Article 1 shall be shared among the Member States ; the proportions which, subject to Article 5 , shall be valid until the end of the period specified in If, by 15 September 1975 , a Member State has not Article 1 , shall be as follows : used up its initial share, it shall, not later than

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10 October 1975 , return to the reserve the unused are 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 free access to the share allocated to them . 10 October 1975, notify the Commission of the total imports of the product concerned effected up 3 . The Member States shall charge imports of the to 15 September 1975 inclusive and charged against product concerned against their shares as and when the Community quota and, where appropriate, the the goods are entered for home use. proportion of their initial share that is being returned to the reserve . 4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports charged in accordance with paragraph 3 . Article 6

The Commission shall keep account of the share opened by Member States in accordance with Article 8 Articles 2 and 3 and shall inform each of them of the extent to which the reserve has been used as Member States shall inform the Commission at soon as it receives the notifications . regular intervals of imports actually charged against their quota shares . The Commission shall , not later than 15 October 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 The Member States and the Commission shall which uses up the reserve is limited to the balance cooperate closely in order to ensure that this available and, for this purpose, shall specify the amount thereof to the Member State which makes Regulatior is observed . the final drawing.

Article10¶

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