31976R3035
20 . 12 . 76 Official Journal of the European Communities No L 350/25
COUNCIL REGULATION (EEC) No 3035 /76 of 9 December 1976 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 m Spain ( 1977)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , both statistics of imports from Spain during a representative period and the economic outlook for the tariff period in question ; Having regard to the Treaty establishing the European Economic Community, and in particular Whereas, during the last three years for which Articles 43 and 113 thereof, 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 proposal from the Commission, Spain of the products concerned :
1973 1974 1975 Having regard to the opinion of the European Parliament ( x ), — — 82-4 Germany (= 60 *) Whereas the Agreement between the European — Benelux . — 1-4 Economic Community and Spain, signed at Luxembourg on 29 June 1970, provides in Article 2 France — 100 16-2 ( 1 ), together with Article 9 of Annex I, for the (= 1 *) opening by the Community of an annual Com — — — Italy munity tariff quota of 200 metric tons of dried figs falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Spain and imported * metric tons . in immediate packings of a net capacity of 15 kilogrammes or less ; whereas, pursuant to Article 9 Whereas, in view of these factors and of the of the said Annex, tlhe quota duty is equal to 30% estimates submitted by certain Member States as well of the Common Customs Tariff duty in respect of as the practical need to ensure that the obligations the product concerned ;, whereas the Community contracted under the Agreement concerned are ' tariff quota in question should be opened for the allocated fairly among the Member States, initial year 1977 ; quota shares may be fixed approximately at the following percentages : Whereas it is in particular necessary to ensure for Germany 25 all Community importers equal and uninterrupted access to the abovementioned quota and uninter Benelux 25 rupted application of the rate laid down for that France 25 quota to all imports of the product concerned into all Member States until the quota has been used Italy 25 up ; whereas, having regard to the principles mentioned above, the Community nature of the Whereas, in order to take into account import trends quota can be respected by allocating the Community for the products concerned in the different Member tariff quota among the Member States ; whereas, to States, the quota amount should be divided into two represent as closely as possible the actual develop instalments, the first instalment being allocated ment of the market in the products in question , the among the Member States and the second forming allocation should follow proportionately the a reserve intended ultimately to cover the require requirement of the Member States calculated from ments of the Member States which have used up their initial shares ; whereas, in order to ensure a certain degree of security to importers in each (») OJ No C 259, 4. 11 . 1976, p . 37. Member State, the first instalment of the Community
No L 350/26 Official Journal of the European Communities 20 . 12 . 76
quota should be determined at a level which, under respective shares, which subject to Article 5 shall be present circumstances, may be 80% of the quota valid until 31 December 1977, shall be as follows : amount ; Germany 40 metric tons , Whereas, the initial sh'afes of the Member States may Benelux 40 metric tons, be used up at different times ; whereas, in order to take this fact into account and avoid any break in France 40 metric tons , continuity, it is important that any Member State Italy 40 metric tons . having used up almost the whole of its initial share should draw an additional share from the reserve ; whereas, this must be done by each Member State 2 . The second instalment of 40 metric 'tons shall as and when each of its additional shares is almost 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 the quota period ; whereas this method of Article 3 administration calls for close cooperation between Member States and the Commission, which must, in 1 . If 90% or more of the initial share of a Member particular, be able to observe the extent to which State, as laid down in Article 2 ( 1 ), or 90 % of that the quota amount is used and inform Member share less the amount returned into the reserve , where States thereof ; the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed Whereas if, at a given date in the quota period, a without delay, by notifying the Commission, to draw considerable quantity of the initial share is left over a second share equal to 15% of its initial share, in a Member State, it is essential that each State rounded up to the next unit where appropriate, to should return a significant proportion to the reserve the extent that the amount in the reserve allows . to prevent a part of the Community quota from remaining unused in one Member State while it could be used in others ; 2. If, after its initial share has been exhausted, 90% 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 King without delay , in accordance with the conditions laid dom of the Netherlands and the Grand Duchy of down in paragraph 1 , to draw a third share equal Luxembourg are united in and represented by the to 7-5% of its initial share, rounded up to the next Benelux Economic Union, any measure concerning unit where appropriate, to the extent that the amount the administration o»f the quota shares allocated to in the reserve allows . that economic union may be carried out by any of its members , 3 . If, after its second share has been exhausted , 90% or more of the third sihare drawn by a Member State HAS ADOPTED THIS REGULATION : has been used, that Member State shall, in accordance with the same conditions, draw a fourth share equal to the third . Article 1
This process shall be applied until the reserve is From 1 January until 31 December 1977, the exhausted . Common Customs Tariff duties in respect of dried figs falling within subheading ex 08.03 B, originating 4. Notwithstanding the provisions of paragraphs 1 , in Spain and imported in immediate packings of a net 2 and 3 , the Member States may proceed to draw capacity not exceeding 15 kilogrammes shall be shares smaller than those fixed in those paragraphs, partially suspended at 3% within the limits of a if there is reason to believe that those shares might Community tariff quota of 200 metric tons . not be used up . They shall inform the Commission of the reasons which led them to apply this paragraph.
Article 2 Article 4 1 . A first instalment, amounting to 160 metric tons of the Community tariff quota referred to in Article 1 , Each of the additional shares drawn pursuant to shall be allocated among the Member States ; the Article 3 shall be valid until 31 December 1977.
20. 12. 76 Official Journal of the European Communities No L 350/27
Article 5 drawn pursuant to Article 3, it is possible for charges to be made without interruption against their The Member States shall return to the reserve, not accumulated shares of the Community quota. later than 1 October 1977, the unused portion of their initial share which, on 15 September 1977, is in excess 2. The Member States shall ensure tlhat importers of of 20% of the initial amount. They may return a the said goods established in their territory have free greater portion if there are grounds for believing that access to the shares allocated to them. such portion imay not ibe used in fulll. 3. The Member States shall charge imports of the The Member States shall, not later than 1 October product concerned against their shares as and when 1977, notify the Commission of the total quantities the goods are entered for home use. of the said goods imported up to and including 15 September 1977, and charged against the 4. The extent to which a Member State has used up appropriate Community tariff quota and any its share shall be determined on the basis of the quantities of the initial share returned to the reserve. imports charged in accordance with paragraph 3.
Article6¶
Article 8 The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform edch of them of the extent Member States shall inform the Commission at to which the reserve has been used as soon as it regular intervals of imports actually charged against receives the notifications. their shares.
The Commission shall, not later than 5 October 1977, notify Member States of the amount in the reserve after the return of shares pursuant to Article 5. Article 9
The Commission shall ensure tihait any drawing which The Member States and the Commission shall uses up the reserve is limited to the balance available cooperate closely in order to ensure that this and, for this purpose, shall specify the amount there Regulation is observed. of to the Member State which makes the final drawing.
Article10¶
1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 January measures to ensure that, when additional shares are 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1976.
For the Council The President
P. J. J. MERTENS