31977R3007

No L 355/4 31 . 12. 77 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 3007/77 of 20 December 1977 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 ( 1978)

THE COUNCIL OF THE EUROPEAN State s imports of the said products from Spain over a COMMUNITIES, representative period and the economic outlook for the quota period in question ;

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 Whereas, during the last three years for which statis­ 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 Member States 1974 1975 1976 ment (J),

Benelux 8-3 9-3 11-4 Denmark — 2-4 — Whereas the Agreement between the European Germany 2-8 2-6 7-2 Economic Community and Spain (2) provides for France 40-3 48-8 38-3 opening by the Community of an annual Community Ireland 0-5 1-0 0-3 tariff quota of 1 700 tonnes of dried grapes falling 9-3 5-9 8-4 Italy within subheading ex 08.04 B I of the Common 38-8 300 34-4 United Kingdom Customs Tariff, originating in Spain and imported in immediate packings of a net capacity of 15 kilograms or less ; whereas these preferential tariff arrangements were laid down only for imports of these products Whereas, in view of these factors and of the estimates into the Member States of the Community as origi­ submitted by certain Member States, initial quota nally constituted ; whereas under the Act of Accession, shares may be fixed approximately at the following imports of the products into the three new Member percentages : States are subject to Common Customs Tariff duties Benelux 9-9 with effect from 1 January 1978 ; whereas the import arrangements for these products should be uniform Denmark 10 throughout the Community ; whereas this Commu­ Germany 3-6 nity tariff quota should be opened for the year 1978 ; France 42-7 whereas the abovementioned quota amount should Ireland 0-6 therefore be increased to 1 900 tonnes ; whereas this Italy 80 Community tariff quota should be opened for 1978 ; United Kingdom 34-2 ;

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 Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order (') Opinion delivered on 16 December 1977 (not yet published in the Official Journal). to take this fact into account and avoid any break in (2) OJ No L 182, 16. 8 . 1970, p. 2. continuity, it is important that any Member State

31 . 12. 77 Official Journal of the European Communities No L 355/ 5

having used up almost the whole of its initial quota Article 3 share should draw an additional quota share from the reserve ; whereas, this must be done by each Member 1 . If 90 % or more of the initial share of a Member State as and when each of its additional quota shares State, as laid down in Article 2 ( 1 ), or 90 % or more of is almost entirely used up, and repeated as many times that share less the amount returned into the reserve, as the reserve allows ; whereas the initial and addi­ where the provisions of Article 5 have been applied, tional quota shares must be available for use until the has been exhausted, that Member State shall proceed end of the quota period ; whereas this method of without delay, by notifying the Commission, to draw a administration calls for close cooperation between second share equal to 1 5 % of its initial share, Member States and the Commission, which must, in rounded up to the next unit where appropriate, to the particular, be able to observe the extent to which the extent that the amount in the reserve allows . 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 considerable balance remains in one or other Member Member State has been used, that Member State shall State it is essential that that Member State returns a proceed without delay, in accordance with the condi­ tions laid down in paragraph 1 , to draw a third share significant proportion to the reserve to prevent a part equal to 7-5 % of its initial share, rounded up to the of the Community quota from remaining unused in one Member State when it could be used in others ; next unit where appropriate, to the extent that the amount in the reserve allows . Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of 3 . If, after its second share has been exhausted, Luxembourg are united in and represented by the 90 % or more of the third share drawn by a Member Benelux Economic Union all transactions concerning State has been used, that Member State shall proceed, the administration of shares allocated to that in the same way, to draw a fourth share equal to the economic union may be carried out by any one of its third . members, This process shall be applied until the reserve is exhausted . HAS ADOPTED THIS REGULATION : 4. Notwithstanding the provisions of paragraphs 1 , Article 1 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs, if From 1 January until 31 December 1978 , the there is reason to believe that they might not be used Common Customs Tariff duty in respect of dried up. They shall inform the Commission of the reasons grapes falling within subheading 08.04 B I, originating which led them to apply this paragraph . in Spain and imported in immediate containers of a net capacity not exceeding 15 kilograms shall be entirely suspended within the limits of a Community Article 4 tariff quota of 1 900 tonnes. The additional shares drawn pursuant to Article 3 Article 2 shall be valid until 31 December 1978 .

1 . A first tranche amounting to 1 520 tonnes of the Community tariff quota referred to in Article 1 shall Article 5 be shared among the Member States ; the proportions which, subject to Article 5, shall be valid 31 December 1978 , shall be as follows : The Member States shall return to the reserve, not tonnes later than 1 October 1978, the unused portion of their Benelux 1 50 initial share which, on 15 September 1978, is in Denmark 1 5 excess of 20 % of the initial amount. They shall return a larger quantity if there is reason to believe Germany 55 France 650 that such quantity might not be used. Ireland 10 Italy 1 20 The Member States shall , not later than 1 October United Kingdom 520 . 1978 , notify the Commission of the total imports of the product concerned effected up to 15 September 1978 inclusive and charged against the Community 2. The second tranche of 380 tonnes shall consti­ quota and, where appropriate, the proportion of their tute the reserve . initial share that is being returned to the reserve.

No L 355/6 Official Journal of the European Communities 31 . 12. 77

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 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 1978 , notify Member States of the amount in the reserve Article 8 after the return of shares pursuant to Article 5. The Commission shall ensure that any drawing which Member States shall inform the Commission at 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.

Article 9 Article 7 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 shares allocated to them . 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