31975R3419
31 . 12 . 75 No L 337/9 Official Journal of the European Communities
REGULATION ( EEC) No 3419/75 OF THE COUNCIL
of 30 December 1975
opening, allocating and providing for the administration of a Community tariff quota for dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, originating in Spain ( 1976)
THE COUNCIL OF THE EUROPEAN representative period and the economic outlook for COMMUNITIES, the quota period concerned ;
Having regard to the Treaty establishing the European Whereas, during the last three years for which statis Economic Community, and in particular Articles 43 and 113 thereof ; tics are available, the corresponding imports by each of the Member States represent the following percen tages of the imports into the Community from Spain Having regard to the proposal from the Commission ; of the products concerned :
Having regard to the Opinion of the European Parlia 1972 1973 1974 ment ( ! ) ;
Germany 4.5 2.3 4.6 Whereas the Agreement between the European Benelux 13.5 11-1 13.7 Economic Community and Spain, signed at Luxem France 61-7 70.2 66.3 bourg on 29 June 1970, provides in Article 2(1 ) together with Article 9 of Annex I for the opening by 20.3 16.4 15.4 Italy the Community of an annual duty-free Community tariff quota of 1 700 metric tons of dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, originating in Spain and imported in immediate containers of a net capacity of 15 kg or less ; Whereas, in view of these factors and of the estimates submitted by certain Member States, initial quota Whereas the Community tariff quota in question shares may be fixed approximately at the following should be opened for the year 1976 ; whereas, percentages : however, because of the possibility of implementing other preferential arrangements as a result of a new Germany 4 Agreement between the European Economic Commu Benelux 1 3 nity and Spain, it is necessary to limit the quota France 64 period to the date on which the new Agreement Italy 19 enters into force ;
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 product concerned in the different Member to the abovementioned quota and uninterrupted appli States, the quota amount should be divided into two cation of the rate laid down for that quota to all tranches, the first tranche being allocated among the imports of the product concerned into all Member Member States, and the second forming a reserve States until the quota has been used up ; whereas, intended ultimately to cover the requirements of the having regard to the principles mentioned above, the Member States which have used up their initial quota Community nature of the quota can be respected by shares ; whereas, in order to ensure a certain degree of allocating the Community tariff quota among the security to importers in each Member State, the first Member States ; whereas, in order to reflect more accu tranche of the Community quota should be deter rately the actual development of the market in the mined at a level which, under present circumstances, product concerned, such allocation should be in may be 80 % of the quota amount ; proportion to the needs of the Member States, assessed by reference to both the statistics of each State's imports of the said products from Spain over a Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order (') Opinion delivered on 19 . 12. 1975 (not yet published in the Official Journal). to take this fact into account and avoid any break in
No L 337/ 10 31 . 12 . 75 Official Journal of the European Communities
Article 3 continuity, it is important that any Member State having used up almost the whole of its initial quota share should draw an additional quota share from the 1 . If 90 % or more of the initial share of a Member reserve ; whereas, this must be done by each Member State, as laid down in Article 2(1 ), or 90% of that State as and when each of its additional quota shares share less the amount returned into the reserve, where is almost entirely used up, and repeated as many times the provisions of Article 5 have been applied, has as the reserve allows ; whereas the initial and addi been exhausted, that Member State shall proceed tional quota shares must be available for use until the without delay, by notifying the Commission, to draw a end of the quota period ; whereas this method of second share equal to 15 % of its initial share, administration calls for close cooperation between rounded up to the next unit where appropriate, to the Member States and the Commission, which must, in extent that the amount in the reserve allows . particular, be able to observe the extent to which the quota amount is used and inform Member States 2. If, after its initial share has been exhausted, thereof ; 90 % or more of the second share drawn by a Member State has been used, that Member State shall Whereas if, at a specified date in the quota period, a proceed without delay, in accordance with the condi considerable balance remains in one or other Member tions laid down in paragraph 1 , to draw a third share State it is essential that that Member State pays a large equal to 7-5 % of its initial share, rounded up to the amount of it back into the reserve, in order to avoid a next unit where appropriate, to the extent that the part of the Community quota remaining unused in amount in the reserve allows . one Member State when it could be used in others ;
3 . If, after its second share has been exhausted, Whereas, since the Kingdom of Belgium, the 90 % or more of the third share drawn by a Member Kingdom of the Netherlands and the Grand Duchy of State has been used, that Member State shall proceed, Luxembourg are united in and represented by the in the same way, to draw a fourth share equal to the Benelux Economic Union , all transactions concerning third . the administration of shares granted to the abovemen 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 they might not be used up. They shall inform the Commission of the reasons From 1 January 1976 until the date of entry into force 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 grapes falling within subheading 08.04 B I, originating in Spain and imported in The additional shares drawn pursuant to Article 3 immediate containers of a net capacity not exceeding shall be valid until the end of the period stipulated in 15 kg shall be entirely suspended within the limits of Article 1 . a Community tariff quota of 1 700 metric tons.
Article2¶
1 . A first tranche, amounting to 1 360 metric tons The Member States shall return to the reserve, not of 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 until excess of 20 % of the initial amount. They shall the end of the period specified in Article 1 , shall be as return a larger quantity if there is reason to believe follows : that such quantity might not be used.
Germany 55 metric tons Benelux 177 metric tons The Member States shall , not later than 1 October France 870 metric tons 1976, notify the Commission of the total imports of Italy 258 metric tons the product concerned effected up to 15 September 1976 inclusive and charged against the Community 2 . The second tranche of 340 metric tons shall quota and, where appropriate, the proportion of their constitute the reserve . initial share that is being returned to the reserve.
31 . 12 . 75 Official Journal of the European Communities No L 337/ 11
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 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 shares 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 and, for this purpose, shall specify the amount thereof their quota shares . to the Member State which makes the final drawing.
1 . The Member States shall take all measures appro The Member States and the Commission shall coop priate to ensure that, when additional shares are drawn erate closely in order to ensure that this Regulation is observed . pursuant to Article 3, it is possible for charges to be made without interruption against their accumulated 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 share 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