31977R3006

31 . 12. 77 Official Journal of the European Communities No L 355/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 3006/77 of 20 December 1977 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 ( 1978)

THE COUNCIL OF THE EUROPEAN allocating the Community tariff quota among the COMMUNITIES, Member States ; whereas, in order to reflect more accu­ rately the actual development of the market in the Having regard to the Treaty establishing the European product concerned, such allocation should be in Economic Community, and in particular Articles 43 proportion to the needs of the Member States, and 113 thereof, assessed by reference to both the statistics of each State's imports of the said goods from Spain over a Having regard to the proposal from the Commission, representative period and the economic outlook for the quota period concerned ; Having regard to the opinion of the European Parlia­ ment (*), Whereas, during the last three years for which statis­ tics are available, the corresponding imports by each Whereas the Agreement between the European of the Member States represent the following percen­ Economic Community and Spain (2) provides for the tages of the imports into the Community from Spain opening by the Community of an annual Community of the products concerned : tariff quota of 200 tonnes of dried figs falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Spain and imported in immed­ Member Staies 1974 1975 1976 iate packings of a net capacity of 1 5 kilograms or less ; whereas the duty to be applied under the quota has Benelux 2 4 been fixed at 30 % of the Common Customs Tariff Denmark —■ -— duty ; whereas these preferential tariff arrangements —— 82 96 Germany were laid down only for imports of these products France 16 into the Member States of the Community as origi­ Ireland —— — nally constituted ; whereas, under the Act of Acces­ — — Italy —— sion, imports of these products into the three new United Kingdom Member States are subject to Common Customs Tariff duties with effect from 1 January 1978 ; whereas the import arrangements for these products should be uniform throughout the Community ; whereas this Whereas, in view of these factors and of the estimates Community tariff quota should be opened for the year submitted by certain Member States as well as the 1978 ; practical need to ensure that the obligations contracted under the Agreement concerned are allo­ Whereas it is in particular necessary to ensure to all cated fairly among the Member States, initial quota Community importers equal and uninterrupted access shares may be fixed approximately at the following to the abovementioned quota and uninterrupted appli­ percentages : cation of the rate laid down for that quota to all imports of the product concerned into all Member Benelux 6 States until the quota has been used up ; whereas, Denmark 6 having regard to the principles mentioned above, the Germany 38 Community nature of the quota can be respected by France 19 Ireland 6 ( x) Opinion delivered on 16 December 1977 (not yet Italy 6 published in the Official Journal). (2) OJ No L 182, 16. 8 . 1970, p. 2. United Kingdom 19 ;

No L 355/2 Official Journal of the European Communities 31 . 12. 77

whereas, in order to take into account import trends Article 2 for the product concerned in the different Member States, the quota amount should be divided into two 1 . A first tranche, amounting to 160 tonnes of the tranches, the first tranche being allocated among the Community tariff quota referred to in Article 1 , shall Member States, and the second forming a reserve be shared among the Member States, the proportions intended ultimately to cover the requirements of the which, subject to Article 5, shall be valid until 31 Member States which have used up their initial December 1978 , shall be as follows : shares ; whereas, in order to ensure a certain degree of (tonnes) seccurity to importers in each Member State, the first Benelux 10 tranche of the Community quota should be deter­ Denmark 10 mined at a level which, under present circumstances, Germany 60 may be 80 % of the quota amount ; France 30 Ireland 10 Whereas, the initial shares of the Member States may Italy 1 0 be used up at different times ; whereas, in order to United Kingdom 30 . take this fact into account and avoid any break in continuity, it is important that any Member State 2. The second tranche of 40 tonnes shall constitute having used up almost the whole of its initial share the reserve . should draw an additional share from the reserve ; whereas, this must be done by each Member State as and when each of its additional shares is almost Article 3 entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional 1 . If 90 % or more of the initial share of a Member shares must be available for use until the end of the State, as laid down in Article 2 ( 1 ), or 90 % or more of quota period ; whereas this method of administration that share less the amount returned into the reserve, calls for close cooperation between Member States and where the provisions of Article 5 have been applied, the Commission, which must, in particular, be able to has been exhausted, that Member State shall proceed observe the extent to which the quota amount is used without delay, by notifying the Commission, to draw a and inform Member States thereof ; second share equal to 1 5 % of its initial share, rounded up to the next unit where appropriate, to the Whereas if, at a specified date in the quota period, a extent that the amount in the reserve allows. considerable quantity of the initial share is left over in a Member State it is essential that each Member State 2. If, after its initial share has been exhausted, should return a significant proportion to the reserve to 90 % or more of the second share drawn by a prevent a part of the Community quota from Member State has been used, that Member State shall remaining unused in one Member State while it could proceed without delay, in accordance with the condi­ be used in others ; tions laid down in paragraph 1 , to draw a third share equal to 7-5 % of its initial share, rounded up to the Whereas since the Kingdom of Belgium, the next unit where appropriate, to the extent that the amount in the reserve allows . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the 3< If, after its second share has been exhausted, Benelux Economic Union any measure concerning the administration of shares allocated to that 90 % or more of the third share drawn by. a Member economic union may be carried out by any one of its State has been used, that Member State shall proceed, members, in the same way, to draw a fourth share equal to the third .

This process shall be applied until the reserve is exhausted . HAS ADOPTED THIS REGULATION : 4. By way of derogation from paragraphs 1 , 2 and 3. the Member States may proceed to draw shares Article 1 smaller than those fixed in those paragraphs, if there is reason to believe that those shares might not be used up. They shall inform the Commission of the From 1 January until 31 December 1978 , the reasons which led them to apply this paragraph. Common Customs Tariff duty in respect of dried figs falling within subheading ex 08.03 B, originating in Spain and imported in immediate packings of a net Article 4 capacity not exceeding 15 kilograms shall be partially suspended at 3 % within the limits of a Community The additional shares drawn pursuant to Article 3 tariff quota of 200 tonnes . shall be valid until 31 December 1978 .

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Article 5 drawn pursuant to Article 3, it is possible for charges to be made without interruption against their accumu­ The Member States shall return to the reserve, not lated shares of the Community quota. later than 1 October 1978, the unused portion of their initial share which, on 15 September 1978, is in 2. The Member States shall ensure that importers excess of 20 % of the initial amount. They shall of the said goods established in their territory have return a larger quantity if there is reason to believe free access to the shares allocated to them . that such quantity might not be used. The Member States shall, not later than 1 October 3. The Member States shall charge imports of the 1978, notify the Commission of the total imports of product concerned against their shares as and when the product concerned effected up to 15 September the goods are entered for home use. 1978 inclusive, and charged against the Community quota and, where appropriate, the proportion of their 4. The extent to which a Member State has used up its share shall be determined on the basis of the initial share that is being returned to the reserve. imports charged in accordance with paragraph 3. Article 6 The Commission shall keep account of the shares Article 8 opened by Member States in accordance with Articles 2 and 3 and shall inform each 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 1978, notify Member States of the amount in the reserve Article 9 after the return of shares pursuant to Article 5. The Commission shall ensure that any drawing which* The Member States and the Commission shall coop­ uses up the reserve is limited to the balance available erate closely in order to ensure that this Regulation is observed . and, for this purpose, shall specify the amount thereof to the Member State which makes the final drawing.

Article 10 Article 7 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 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 December 1977. For the Council

The President H. SIMONET