31985R3132

No L 304 / 8 Official Journal of the European Communities 16 . 11 . 85

COUNCIL REGULATION ( EEC ) No 3132 / 85 of 22 October 1985 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 and originating in Spain ( 1986

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Member State 1982 1983 1984 Benelux 9 l

Denmark — — — Germany 91 15 89 Having regard to the Treaty establishing the European Greece — — — Economic Community, and in particular Article 113 France — — — thereof, — — Ireland — — — — Italy — 85 11 United Kingdom Having regard to the proposal from the Commission ,

Whereas an Agreement between the European Economic Whereas , in view of these factors and of the estimates Community and Spain was concluded on 29 June submitted by certain Member States as well as the practical 1970 ( M ; need to ensure that the obligations contracted under the Agreement concerned are allocated fairly among the Member States , initial quota shares may be fixed Whereas the Community committed itself, under this approximately at the following percentages : Agreement, to opening an annual Community tariff quota of 200 tonnes of dried figs falling within subheading ex 08.03 B of the Common Customs Tariff, originating in Benelux 6,7 Spain and imported in immediate packings of a net capacity Denmark 6,7 of 15 kilograms or less ; whereas the applicable quota duty Germany 46,7 is fixed at 30% of the Common Customs Tariff duty ; Greece 0,7 whereas this Community tariff quota should be opened for France 20,0 1986 ; Ireland 3,3 Italy 3,3 United Kingdom 12,6 Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rates laid down for that quota to all imports of the Whereas , in order to take into account import trends for products concerned into all Member States until the quota the products concerned in the various Member States , the has been used up ; whereas , having regard to the above quota amount should be divided into two instalments , the principles , the Community nature of the quota can be first being shared among the Member States which have respected by allocating the Community tariff quota among used up their initial quota shares ; whereas , in order to give the Member States ; whereas , in order to reflect as importers in each Member State a certain degree of accurately as possible the true trend of the market in the security , the first instalment of the Community quota products in question , such allocation should be in should under the circumstances be fixed at 75% of the proportion to the requirements of the Member States , quota volume ; calculated by reference to the statistics for imports from Spain over a representative reference period and also to the economic outlook for the quota period in question ; Whereas the Member States initial shares may be used up at different times ; whereas , in order to take this fact into Whereas , during the last three years for which statistics are account and avoid any break in continuity , any Member available, the corresponding imports by each of the State which has almost used up its initial quota share Member States represent the following percentages of the should draw an additional share from the reserve ; whereas imports into the Community from Spain of the products in this must be done by each Member State as and when each question : of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of the quota period ; whereas this method of administration requires 0 ) OJ No L 182 , 16 . 8 . 1970 , p. 1 . close cooperation between the Member States and the

16 . 11 . 85 Official Journal of the European Communities No L 304 / 9

Commission , and the latter must be in a position to portion returned to the reserve where Article 5 has been monitor, the extent to which the quota volume has been applied , has been used up , then , to the extent permitted by used up and to inform the Member States thereof; the amount of the reserve , that Member State shall forthwith , by notifying the Commission , draw a second share equal to 15% of its initial share , rounded up where Whereas if, at a given date in the quota period , a necessary to the next unit . substantial quantity remains unused in any Member State , it is essential that that Memeber State should return a significant proportion to the reserve to prevent a part of 2 . If, after its initial share has been used up , 90 % or more any tariff quota from remaining unused in one Member of the second share drawn by a Member State has been State when it could be used in others ; used up , then that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third share equal to 7,5% of its initial share , rounded up where Whereas , since the Kingdom of Belgium , the Kingdom of necessary to the next unit . the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any operation relating to the 3 . If, after its second share has been used up , 90% or administration of the quota shares allocated to that more of the third share drawn by a Member State has been economic union may be carried out by any of its used up , that Member State shall , in accordance with the members , conditions laid down in paragraph 1 , draw a fourth share equal to the third .

HAS ADOPTED THIS REGULATION : This process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Article 1 Member State may draw shares smaller than those fixed in those paragraphs if there are grounds for believing that From 1 January to 31 December 1986 the Common they might not be used up . It shall inform the Commission Customs Tariff duty in respect of dried figs falling within of its reasons for applying this paragraph . subheading ex 08.03 B , originating in Spain and imported in immediate packings of a net capacity not exceeding 15 kilograms shall be partially suspended at 3 % within the Article 4 limits of a Community tariff quota of 200 tonnes .

The additional shares drawn pursuant to Article 3 shall be Article 2 valid until 31 December 1986 .

1 . A first instalment amounting to 150 tonnes of the Community tariff quota referred to in Article 1 shall be Article 5 shared among the Member States; the respective shares which , subject to Article 5 , shall be valid until 31 December 1986 shall be as follows : The Member States shall return to the reserve , not later than 1 October 1986 such unused portion of their initial shares as , on 15 September 1986 , is in excess of 20% of (tonnes) the initial volume . They may return a larger quantity if Benelux 10 there are grounds for believing that this quantity may not Denmark 10 be used . Germany 70 Greece 1 France 30 The Member States shall notify the Commission , not later Ireland 5 than 1 October 1986 , of total quantities of the products in Italy 5 question imported up to 15 September 1986 and charged United Kingdom 19 against the tariff quota and of any quantity of the initial shares returned to the reserve . 2 . The second instalment of 50 tonnes shall constitute the reserve . Article 6

Article 3 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 1 . If 90% or more of a Member State's initial share as and , as soon as it is notified , shall inform each Member specified in Article 2 ( 1 ), or 90 % of that share minus the State of the extent to which the reserve has been used up .

No L 304 / 10 16 . 11 . 85 Official Journal of the European Communities

It shall inform the Member States , not later than 5 October products are entered with customs authorities for free 1986 , of the amount in the reserve after quantities have circulation . been returned thereto pursuant to Article 5 . 4 . The extent to which a Member State has used up its It shall ensure that the drawing which exhausts any reserve share shall be determined on the basis of the imports does not exceed the balance available and , to this end , charged in accordance with paragraph 3 . notify the amount of that balance to the Member State making the last drawing .

Article8¶

At the Commission's request , the Member States shall Article 7 inform it of imports actually charged against their shares .

1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 Article 9 are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community tariff quota . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . Article 10 3 . The Member States shall charge the imports of the products concerned against their shares as and when the This Regulation shall enter into force on 1 January 1986 .

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

Done at Luxembourg , 22 October 1985 . For the Council The President J. F. POOS