31978R1437

No L 172/32 Official Journal of the European Communities 28 . 6 . 78

COUNCIL REGULATION (EEC) No 1437/78

of 26 June 1978

opening, allocating and providing for the administration of a Community tariff quota for fresh table grapes falling within subheading ex 08 . 04 A I of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Wheras it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted appli­ cation of the rates laid down for that quota to all im­ Having regard to the Treaty establishing the European ports of the products concerned into all Member States Economic Community, and in particular Articles 43 and until the quota has been used up ; whereas, having re­ 113 thereof, gard to the principles mentioned above, the Community nature of the quota can be respected by allocating the Having regard to the proposal from the Commission, Community tariff quota among the Member States ; whereas, in order to reflect more accurately the actual development of the market in the products concerned, Having regard to the opinion of the European Parlia­ such allocation should be in proportion to the needs of ment ( 1 ), the Member States, assessed by reference to both the statistics of each State's imports of the said products Whereas a Protocol laying down certain provisions re­ from Cyprus over a representative period and the lating to trade in agricultural products between the economic outlook for the quota period concerned ; European Economic Community and the Republic of Cyprus was signed on 11 May 1978 ; whereas this Pro­ tocol is to enter into force on 1 July 1978 ; whereas Article 2 of this Protocol provides for the opening of a Community tariff quota of 7 500 tonnes of fresh table Whereas, however, neither Community nor national grapes falling within subheadings ex 08.04 Ala) and b) statistics showing the breakdown for the products in of the Common Customs Tariff, originating in Cyprus, question are available and no reliable estimates of fu­ at rates of customs duty equal to 40 % of the customs ture imports can be made ; whereas, in these circum­ duty in the Common Customs Tariff, for the period 8 stances, the quota volumes should be allocated in initial June to 10 August 1978 ; whereas the pro rata temporis shares, taking into account demand for these products clause is applicable; whereas, however, as part of the on the markets of the various Member States ; tariff measures taken autonomously by the Community and anticipating the provisions of this Protocol, the Community, by Regulation (EEC) No 781 /78 (2), has opened a tariff quota of 500 tonnes instead of 2 500 Whereas, in order to take into account import trends tonnes , that is, a volume which would be the result of for the products concerned in the different Member application of the pro rata temporis clause ; whereas, in States , the quota amount should be divided into two these circumstances, a Community tariff quota of 7 000 tranches, the first tranche being allocated among the tonnes should be opened for the period 1 July to 10 Member States and the second forming a reserve in­ August 1978 ; tended ultimately to cover the requirements of the Member States which have used up their initial quota Whereas these products are, for the greater part, im­ shares ; whereas, in order to ensure a certain degree of ported into the Community during the beginning of the security to importers in each Member State, the first latter half of the year due to particular reasons inherent tranche of the Community quota should be determined in their method of production and distribution ; at a level which, under present circumstances, may be whereas , consequently, the quota opened by Regulation approximately 93 % of the quota amount; (EEC) No 781 /78 for the period 8 to 30 June 1978 has not been entirely used up; whereas it is necessary to provide for the remainder left over from this period to be taken into consideration to be used during the period of validity of this Regulation; Wheras the initial shares of the Member States may be used up at different times ; whereas, in order to take this fact into account and avoid any break in continuity, it is important that any Member State having used up almost the whole of its initial shares should draw an (*) Opinion delivered on 16 June 1978 (not yet published in the Official Journal). additional share from the reserve ; whereas this must be (2) OJ No L 106, 20 . 4 . 1978 , p. 1 . done by each Member State as and when each of its

28 . 6 . 78 No L 172/33 Official Journal of the European Communities

additional shares is almost entirely used up, and re­ Whereas since the Kingdom of Belgium, the Kingdom of peated as many times as the reserve allows ; whereas the the Netherlands and the Grand Duchy of Luxembourg initial and additional shares must be available for use are united within and jointly represented by the Benelux until the end of the quota period; whereas this method Economic Union all transactions concerning the ad­ of administration calls for close cooperation between ministration of shares allocated to that economic union Member States and the Commission, which must in may be carried out by any one of its members, particular, be able to observe the extent to which the quota amount is used and inform Member States thereof; HAS ADOPTED THIS REGULATION :

Article 1 Whereas, if at a specified date in the quota period, a considerable balance remains in one or other Member From 1 July to 10 August 1978 the Common Customs State it is essential that that Member State pays a large Tariff duties for the products listed below, originating amount of it back into the reserve, in order to avoid a in Cyprus, shall be partially suspended at the levels part of the Community quota remaining unused in one shown below, within the limits of a Community tariff Member State when it could be used in others ; quota of 7 000 tonnes : i

CCT Rate Description heading of duty No

08.04 Grapes, fresh or dried : A. fresh : I. Table grapes : ex a) From 1 November to 14 July : — From 1 July to 14 July 7-2 % ex b) From 15 July to 31 October: — From 15 July to 10 August 8-8 %

Article 2 of the shares drawn from the reserve constituted, pur­ suant to the abovementioned Regulation, existing on 30 1 . The Community tariff quota referred to in Article 1 June 1978 . shall be divided into two tranches .

2. The first tranche, amounting to 6 504 tonnes , shall be shared among the Member States ; the proportions Article 3 which, subject to Article 5 , shall be valid until 10 August 1978 , shall be as follows : 1 . If 90 % or more of the initial share of a Member Benelux 200 tonnes State, as laid down in Article 2 (2 ), or 90% of that share Denmark 200 tonnes less the amount returned into the reserve, where the Germany 200 tonnes provisions of Article 5 have been applied, has been France 2 tonnes exhausted, that Member State shall proceed without Ireland 200 tonnes delay, by notifying the Commission, to draw a second Italy 2 tonnes share equal to 15 % of its initial share, rounded up to United Kingdom 5 700 tonnes the next unit where appropriate, to the extent that the amount in the reserve allows .

3 . The second tranche, amounting to 496 tonnes , shall constitute the reserve, to which any remainders of the constituted reserve and the shares drawn therefrom by 2 . If, after its initial share has been exhausted, 90 % or the Member States, pursuant to Regulation (EEC) No more of the second share drawn by a Member State has 781 /78 , existing on 30 June 1978 , shall be added. been used, that Member State shall proceed, in the manner specified in paragraph 1 , to draw a third share The Member States concerned shall notify the Com­ equal to 7-5 % of tis initial share, rounded up to the mission, not later than 15 July 1978 , of any remainders rtext unit where appropriate.

No L 172 /34 Official Journal of the European Communities 28 . 6 . 78

3 . If, after its second share has been exhausted, 90 % The Commission shall ensure that any drawing which or more of the third share drawn by a Member State uses up the reserve is limited to the balance available has been used, that Member State shall proceed, in the and, for this purpose, shall specify the amount thereof same way, to draw a fourth share equal to the third . to the Member State which makes the final drawing.

This process shall be applied until the reserve is exhausted . Article 7 4 . Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares 1 . Member States shall take all appropriate measures smaller than those fixed in those paragraphs if there is to ensure that, when additional shares are drawn pur­ reason to believe that they might not be used up. They suant to Article 3 , it is possible for charges to be made shall inform the Commission of the reasons which led without interruption against their accumulated shares of them to apply this paragraph. the Community quota.

Article 4 2 . Member States shall ensure that importers of the said goods established in their territory have free access The additional shares drawn pursuant to Article 3 shall to the shares allocated to them. be valid until 10 August 1978 .

3 . Member States shall charge imports of the said Article 5 goods against their shares as and when the goods are entered for home use. Member States shg.ll return to the reserve, not later than 1 August 1978 , the unused portion of their initial share which, on 25 July 1978 , is in excess of 20% of the ini­ 4 . The extent to which a Member State has used up its tial amount. They may return a larger portion if there share shall be determined on the basis of the imports are grounds for believing that such portion may not be charged in accordance with paragraph- 3 . used in full .

Each Member State shall, not later than 1 August 1978 , Article 8 notify the Commission of the total imports of the pro­ ducts concerned effected up to 25 July 1978 inclusive, and charged against the Community quota and, where At the request of the Commission, Member States shall appropriate, the proportion of its initial share that is inform it of imports actually charged against their being returned to the reserve. shares .

Article6¶

The Commission shall keep account of the shares Member States and the Commission shall collaborate opened by Member States in accordance with Articles 2 closely in order to ensure that this Regulation is and 3 and shall inform each of them of the extent to observed . which the reserve has been used as soon at it receives the notifications . Article 10 The Commission shall, not later than 5 August 1978 , notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 . 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