31978R1433

No L 172 /20 28 . 6 . 78 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 1433 /78 of 26 June 1978

opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES, stances, the quota volumes should be allocated in initial shares, taking into account demand for these products on the markets of the various Member States ;

Having regard to the Treaty establishing the European Whereas, in order to take into account import trends Economic Community, and in particular Article 113 for the products concerned in the different Member thereof, States, the quota amount should be divided into two tranches, the first tranche being allocated among the Member States and the second forming a reserve in­ tended ultimately to cover the requirements of the Having regard to the proposal from the Commission, Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of security to importers in each Member State, the first tranche of the Community quota should be determined Whereas a Supplementary Protocol to the Agreement at a level which, under present circumstances, may be establishing an Association between the European Economic Community and the Republic of Cyprus was 90% of the quota amount; signed on 11 May 1978 ; whereas this Protocol is to enter into force on 1 July 1978 ; whereas Article 4 of this Protocol provides for the opening of an annual Whereas the initial shares of the Member States may be duty-free Community tariff quota of 500 tonnes of cer­ used up at different times ; whereas, in order to take this tain dried grapes falling within subheading 08.04 B I of fact into account and avoid any break in continuity, it is the Common Customs Tariff, originating in Cyprus ; important that any Member State having used up whereas the pro rata temporis clause is applicable ; almost the whole of its initial shares should draw an whereas under these circumstances it is necessary to additional share from the reserve ; whereas this must be open a Community tariff quota of 250 tonnes for the done by each Member State as and when each of its period 1 July to 31 December 1978 ; additional shares is almost entirely used up, and re­ peated 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 Whereas it is in particular necessary to ensure for all of administration calls for close cooperation between Community importers equal and uninterrupted access Member States and the Commission, which must, in to the abovementioned quota and uninterrupted appli­ particular, be able to observe the extent to which the cation of the rates laid down for that quota to all im­ quota amount is used and inform Member States ports of the products concerned into all Member States thereof; until the quota has been used up ; whereas, having re­ gard to the principles mentioned above, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; Whereas, if at a specified date in the quota period, a whereas , in order to reflect more accurately the actual considerable balance remains in one or other Member development of the market in the products concerned, State it is essential that that Member State pays a large such allocation should be in proportion to the needs of amount of it back into the reserve, in order to avoid a the Member States , assessed by reference to both the part of the Community quota remaining unused in one statistics of each State's imports of the said products Member State when it could be used in others ; from Cyprus over a representative period and the economic outlook for the quota period concerned ;

Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg Whfereas, however, neither Community nor national are united within and jointly represented by the statistics showing the breakdown for the products in Benelux Economic Union all transactions concerning question are available and no reliable estimates of fu­ the administration of shares allocated to that economic ture imports can be made; whereas , in these circum­ union may be carried out by any one of its members,

28 . 6 . 78 No L 172/21 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : equal to 7-5% of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . Article 1 3 . If, after its second share has been exhausted, 90 % From 1 July to 31 December 1978 , the Common or more of the third share drawn by a Member State Customs Tariff duty for the following products has been used, that Member State shall proceed, in the originating in Cyprus shall be totally suspended within same way, to draw a fourth share equal to the third. the limits of a Community tariff quota of 250 tonnes .

This process shall be applied until the reserve is ex­ CCT hausted . heading Description No 4 . Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares 08.04 Grapes, fresh or dried : smaller than those fixed in those paragraphs if there is B. Dried : reason to believe that they might not be used up. They shall inform the Commission of the reasons which led I. In immediate containers of a net capacity of 15 kilograms or less them to apply this paragraph.

Article 4 Article 2 The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . 1 . The Community tariff quota referred to in Article 1 shall be divided into two tranches .

Article 5 2 . The first tranche, amounting to 225 tonnes, shall be shared among the Member States ; the proportions Member States shall return to the reserve, not later than which, subject to Article 5 , shall be valid until 31 15 November 1978 , the unused portion of their initial December 1978 , shall be as follows : share which, on 1 November 1978 , is in excess of 20% Benelux 10 tonnes of the initial amount. They may return a larger portion Denmark 10 tonnes if there are grounds for believing that such portion may not be used in full . Germany 20 tonnes France 10 tonnes Ireland 10 tonnes Each Member State shall, not later than 15 November Italy 2 tonnes 1978 , notify the Commission of the total imports of the United Kingdom 163 tonnes products concerned effected up to 1 November 1978 inclusive, and charged against the Community quota 3 . The second tranche of 25 tonnes shall constitute the and, where appropriate, the proportion of its initial reserve . share that is being returned to the reserve.

Article 3 Article 6 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2 (2 ), or 90% of that The Commission shall keep account of the shares share less the amount returned into the reserve, where opened by Member States in accordance with Articles 2 the provisions of Article 5 have been applied, has been and 3 and shall inform each of them of the extent to exhausted, that Member State shall proceed without which the reserve has been used as soon as it receives delay, by notifying the Commission, to draw a second the notifications . share equal to 15% of its initial share, rounded up to the next unit where appropriate, to the extent that the The Commission shall, not later than 20 November amount in the reserve allows . 1978 , notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 . 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, in the The Commission shall ensure that any drawing which manner specified in paragraph 1 , to draw a third share uses up the reserve is limited to the balance available

No L 172 /22 28 . 6 . 78 Official Journal of the European Communities

and, for this purpose, shall specify the amount thereof 4 . The extent to which a Member State has used up its to the Member State which makes the final drawing. share shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article7¶

1 . Member States shall take all appropriate measures On receipt of a request from the Commission, Member to ensure that, when additional shares are drawn pur­ States shall inform it of imports actually charged against their shares . suant to Article 3 , it is possible for charges to be made without interruption against their accumulated shares of the Community quota. Article 9

2 . Member States shall ensure that importers of the Member States and the Commission shall cooperate said goods established in their territory have free access closely in order to ensure that this Regulation is to the shares allocated to them . observed .

3 . Member States shall charge imports of the said Article 10 goods against their shares as and when the goods are entered for home use . This Regulation shall enter into force on 1 July 1978 .

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

Done at Luxembourg, 26 June 1978 .

For the Council

The President

K. B. ANDERSEN