31976R3036

No L 350/28 Official Journal of the European Communities 20. 12. 76

COUNCIL REGULATION (EEC) No 3036/76 of 9 December 1976 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 ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, during the last three years for which statistics are available, the corresponding imports by each of the Member States represent the following Having regard to the Treaty establishing the European percentages of the imports into the Community from Economic Community, and in particular Articles 43 Spain of the products concerned : and 113 thereof, 1973 1974 1975 Having regard to the proposal from the Commission, Germany 2-3 4-6 3-9 Benelux 11-1 13-7 13-9 Having regard to the opinion of the European France 70-2 66-3 73-4 Parliament (1 ), Italy 16-4 15-4 8-8

Whereas the Agreement between the European Economic Community and Spain, signed at Luxem­ Whereas, in view of these factors and of the estimates bourg on 29 June 1970, provides in Article 2 ( 1 ), submitted by certain Member States, initial quota together with Article 9 of Annex I, for the opening shares may be fixed approximately at the following by the Community of an annual duty-free Community percentages : 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 Germany 4 immediate containers of a net capacity of 15 kilo­ Benelux 13 grammes or less; whereas the Community tariff quota in question should ibe opened for the year 1977 ; France 64

Italy 19 Whereas it is in particular necessary to ensure, for all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Whereas, in order to take into acoount import trends application of the rate laid down for that quota to all for the product 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, instalments, the first instalment being allocated having regard to the principles mentioned above, the among the Member States and the second forming Community nature of the quota can be respected by a reserve intended ultimately to cover the require­ allocating the Community tariff quota among the ments of the Member States whicJh have used up their Member States ; whereas, to represent as closely as initial quota shares; whereas, in order to ensure a possible the actual development of the market in the certain degree of security to importers in each products in question, the allocation should follow Member State, the first installment of the Community proportionately the requirement of the Member States quota should be determined at a level which, under calculated from both statistics of imports from Spain present circumstances, may be 80% of the quota during a representative period and the economic amount ; outlook for the tariff period in question ;

Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order H OJ No C 259, 4. 11 . 1976, p. 37. to take this fact into account and avoid any break

20. 12 . 76 Official Journal of the European Communities No L 350/29,

in continuity, it is important that any Member State 2. The second instalment of 340 metric tons shall having used up almost the whole of its initial quota constitute the reserve. share should draw an additional quota share from the reserve ; whereas, this must be done by each Member State as and when each of its additional Article 3 quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional quota shares must ibe available 1 . If 90% or more of the initial share of a Member for use until the end of the quota period ; whereas State, as laid down in Article 2 ( 1 ), or 90% of that this method of administration calls for dose share less the amount returned into the reserve, where cooperation between Member States and the Com­ the provisions of Article 5 have been applied, has mission, which must, in particular, be able to observe been exhausted, chat Member State shall proceed the extent to which the quota amount is used and without delay, by notifying the Commission, to draw inform Member States (thereof; a second share equal to 15% of its initial share, rounded up to the next unit where appropriate, to Whereas if, at a given date in the quota period, the extent that the amount in the reserve allows. a considerable quantity of the initial share is left over in a Member State, it is essential that each State 2. If, after its initial share has been exhausted, 90% should return a significant proportion to the reserve to prevent a part of the Community quota from or more of the second share drawn by a Member State has been used, that Member State shall proceed remaining unused in one Member State while it could be used in others ; without delay, in accordance with the conditions laid down in paragraph 1 , to draw a third share equal to 7-5% of its initial share, rounded up to the next Whereas, since the Kingdom of Belgium, the Kingdom unit where appropriate, to the extent that the amount of the Nethenlands and tihe Grand Duchy of Luxem­ in the reserve allows . bourg are (united in and represented by the Benelux Economic Union, any measure concerning the administration of the quota shares allocated to that 3 . If, after its second share has been exhausted, 90% economic union may (be carried out by any of its or more of the third share drawn by a Member State members, has been used, that Member State shall, in accordance with the same conditions, draw a fourth share equal to the third. HAS ADOPTED THIS REGULATION : This process shall be applied until the reserve is exhausted. Article 1

4. Notwithstanding the provisions of paragraphs 1, From 1 January until 31 December 1977, the 2 and 3, tihe Member States may proceed to draw Common Customs Tariff duties in respect of dried shares smaller than those fixed in those paragraphs, grapes falling within subheading 08.04 B I, originating if there is reason to believe that they might not be in Spain and imported in immediate containers of used up. They shall inform the Commission of the a net capacity not exceeding 15 kilogrammes shall reasons which led them to apply this paragraph. be entirely suspended within the limits of a Com­ munity tariff quota of 1 700 metric tons.

Article 4 Article 2 Each of the additional shares drawn pursuant to 1 . A first instalment, amounting to 1 360 metric tons Article 3 shall be valid until 31 December 1977. of the Community tariff quota referred to in Article 1 , shall be shared among the Member States ; the respective shares, which subject to Article 5 shall be Article 5 valid 31 December 1977, shall be as follows :

Germany 55 metric tons, The Member States shall return to the reserve, not later than 1 October 1977, the unused portion of their Benelux 177 metric tons, initial share which, on 15 September 1977, is in excess of 20% of the initial amount. They may return a France 870 metric tons, greater portion if there are grounds for believing that Italy 258 metric tons. such portion may not be used in full.

No L 350/30 Official Journal of the European Communities 20. 12. 76

The Member States shall, not later than 1 October to be made without interruption against their 1977, notify the Commission of the total quantities accumulated shares of the Community quota. of the said goods imported up to and including 15 September 1977, and charged against the appro­ 2. The Member States shall ensure that importers of priate Community tariff quota and any quantities of the said goods established in their territory have free the initial share returned to the reserve. access to the shares allocated to them.

3 . The Member States shall charge imports of the Article 6 product concerned against their shares as and when the goods are entered for home use.

The Commission shall keep account of the shares 4. The extent to whidh a Member State has used up opened by Member States in accordance with Articles its share shall be determined on the 'basis of the 2 and 3 and shall inform each of them of the extent imports charged in accordance with paragraph 3 . to which the reserve has been used as soon as it receives the notifications. Article 8 The Commission shall, not later than 5 October 1977, notify Member States of the amount in the reserve Member. States shall inform the Commission at after the return of shares pursuant to Article 5. regular intervals of imports actually charged against their quota shares.

The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available Article 9 and, for this purpose, shall specify the amount there­ of to the Member State which makes the final The Member States and the Commission shall drawing. cooperate closely in order to ensure that this Regulation is observed.

Article7¶

Article 10 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are This Regulation shall enter into force on 1 January drawn pursuant to Article 3, it is possible for charges 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