31975R3418
No L 337/ 6 31 . 12 . 75 Official Journal of the European Communities
REGULATION ( EEC) No 3418 /75 OF THE COUNCIL of 30 December 1975 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 ( 1976)
THE COUNCIL OF THE EUROPEAN whereas, during the last three years for which statis COMMUNITIES, tics are available, the corresponding imports by each of the Member States represent the following percen Having regard to the Treaty establishing the European tages of the imports into the Community from Spain Economic Community, and in particular Articles 43 of the products concerned : and 1 1 3 thereof ;
1972 1973 1974 Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parlia Germany ment ( J ) ; Benelux — — — Whereas the Agreement between the European France 100 Economic Community and Spain, signed at Luxem Il ( = 1 bourg on 29 June 1970, provides in Article 2(1 ) llll metric together with Article 9 of Annex I for the opening by ton) \ llIl the Community of an annual Community tariff quota — — — Italy of 200 metric tons of dried figs falling within subheading ex 08.03 B of the Common Customs « Tariff, originating in Spain and imported in immed iate 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 Whereas the Community tariff quota in question contracted under the Agreement concerned are allo should be opened for the year 1976 ; whereas, cated fairly among all the Member States, initial quota however, because of the possibility of implementing shares may be fixed approximately at the following other preferential arrangements as a result of a new percentages : Agreement between the European Economic Commu nity and Spain, it is necessary to limit the quota Germany 25 period to the date on which the new Agreement Benelux 25 enters into force ; France 25 Italy 25 Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted appli cation of the rate laid down for that quota to all Whereas, in order to take into account import trends for the products concerned in the different Member imports of the product concerned into all Member States, the quota amount should be divided into two States until the quota has been used up ; whereas, tranches, the first tranche being allocated among the having regard to the principles mentioned above, the Member States, and the second forming a reserve Community nature of the quota can be respected by intended ultimately to cover the requirements of the allocating the Community tariff quota among the Member States ; whereas, in order to reflect more accu Member States which have used up their initial rately the actual development of the market in the shares ; whereas, in order to ensure a certain degree of product concerned, such allocation should be in security to importers in each Member State, the first proportion to the needs of the Member States, tranche of the Community quota should be deter assessed by reference to both the statistics of each mined at a level which, under present circumstances, State's imports of the said goods from Spain over a may be 80 % of the quota amount ; representative period and the economic outlook for the quota period concerned ; Whereas, the initial shares of the Member States may (') Opinion delivered on 19 . 12. 1975 (not yet published in be used up at different times ; whereas, in order to the Official Journal). take this fact into account and avoid any break in
31 . 12 . 75 No L 337/7 Official Journal of the European Communities
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 ; 1 . If 90 % or more of the initial share of a Member whereas, this must be done by each Member State as State, as laid down in Article 2(1 ), on 90 % of that and when each of its additional shares is almost share less the amount returned into the reserve, where entirely used up, and repeated as many times as the the provisions of Article 5 have been applied, has reserve allows ; whereas the initial and additional been exhausted, that Member State shall proceed shares must be available for use until the end of the without delay, by notifying the Commission, to draw a quota period ; whereas this method of administration second share equal to 1 5 % of its initial share, calls for close cooperation between Member States and rounded up to the next unit where appropriate, to the the Commission, which must, in particular, be able to extent that the amount in the reserve allows . observe the extent to which the quota amount is used and inform Member States thereof ; 2. If, after its initial share has been exhausted, 90 % or more of the second share drawn by a Whereas if, at a specified date in the quota period, a Member State has been used, that Member State shall considerable balance remains in one or other Member proceed without delay, in accordance with the condi State it is essential that that Member State pays a large tions laid down in paragraph 1 , to draw a third share amount of it back into the reserve, in order to avoid a equal to 7-5 % of its initial share, rounded up to the part of the Community quotas remaining unused in next unit where appropriate, to the extent that the one Member State when it could be used in others ; amount in the reserve allows.
Whereas, since the Kingdom of Belgium, the 3 . If, after its second share has been exhausted, Kingdom of the Netherlands and the Grand Duchy of 90 % or more of the third share drawn by a Member Luxembourg are united in and represented by the State has been used, that Member State shall proceed, Benelux Economic Union, all transactions concerning in the same way, to draw a fourth share equal to the the administration of shares granted to the abovemen third . tioned Economic Union may be carried out by any one of its members, This process shall be applied until the reserve is exhausted .
HAS ADOPTED THIS REGULATION : , 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, if Article 1 there is reason to believe that those shares might not be used up. They shall inform the Commission of the From 1 January 1976 until the date of entry into force reasons which led them to apply this paragraph . of a new Agreement between the European Economic Community and Spain but not later than 31 December 1976, the Common Customs Tariff duty in Article 4 respect of dried figs falling within subheading ex 08.03 B, originating in Spain and imported in immed iate packings of a net capacity not exceeding 15 kg The additional shares drawn pursuant to Article 3 shall be partially suspended at 3 % within the limits shall be valid until the end of the period stipulated in Article 1 . of a Community tariff quota of 200 metric tons.
Article2¶
1 . A first tranche, amounting to 160 metric tons of The Member States shall return to the reserve, not the Community tariff quota referred to in Article 1 , later than 1 October 1976, the unused portion of their shall be shared among the Member States ; the propor initial share which, on 15 September 1976, is in tions which , subject to Article 5, shall be valid from 1 excess of 20 % of the initial amount. They shall January until the end of the period specified in return a larger quantity if there is reason to believe Article 1 , shall be as follows : that such quantity might not be used. Germany 40 Benelux 40 The Member States shall , not later than 1 October France 40 1976, notify the Commission of the total imports of Italy 40 the product concerned effected up to 15 September 1976 inclusive, and charged against the Community 2 . The second tranche of 40 metric tons shall quota and, where appropriate, the proportion of their constitute the reserve . initial share that is being returned to the reserve.
No L 337 /8 Official Journal of the European Communities 31 . 12 . 75
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 shares the goods are entered for home use. opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent 4. The extent to which a Member State has used up to which the reserve has been used as soon as it its share shall be determined on the basis of the receives the notifications . imports charged in accordance with paragraph 3 . The Commission shall, not later than 5 October 1976, notify Member States of the amount in the reserve Article 8 after the return of shares pursuant to Article 5. Member States shall inform the Commission at The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available regular intervals of imports actually charged against their shares . and, for this purpose, shall specify the amount thereof to the Member State which makes the final drawing.
Article 9 Article 7 1 . The Member States shall take all appropriate The Member States and the Commission shall coop measures to ensure that, when additional shares are erate closely in order to ensure that this Regulation is observed . drawn pursuant to Article 3, it is possible for charges to be made without interruption against their accumu lated shares of the Community quota. Article 10 2. The Member States shall ensure that importers of the said goods established in their territory have This Regulation shall enter into force on 1 January free access to the shares allocated to them . 1976 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 December 1975 .
For the Council
The President
M. TOROS