31985R3133

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

COUNCIL REGULATION ( EEC ) No 3133 / 85

of 22 October 1985

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 and originating in Spain ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Member State 1982 1983 1984

Benelux 2 3 2 Demark — 2 5 Germany 2 2 3 Having regard to the Treaty establishing the European Greece — — — Economic Community , and in particular Article 113 France 73 80 83 thereof, Ireland 1 1 — Italy 21 13 7 1 — — 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 , initial quota shares 1970 : may be fixed approximately at the following percentages:

Whereas the Community committed itself, under this Benelux 9,9 Denmark 1,0 Agreement, to opening an annual Community tariff quota of 1 900 tonnes of dried grapes falling within subheading Germany 3,6 08.04 B I of the Common Customs Tariff, originating in Greece 0,1 Spain and imported in immediate packings of a net capacity France 42,1 of 15 kilograms or less ; whereas this Community tariff Ireland 0,6 quota should be opened for 1986 ; Italy 8,0 United Kingdom 34,7

Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to Whereas , in order to take into account import trends for the abovementioned quota and uninterrupted application the products concerned in the various Member States , the of the rates laid down for that quota to all imports of the quota amount should be divided into two instalments , the products concerned into all Member States until the quota first being shared among the Member States and the second has been used up ; whereas having regard to the above constituting a reserve to cover at a later date the principles , the Community nature of the quota can be requirements of the Member States which have used up respected by allocating the Community tariff quota among 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 might under the circumstances be fixed at 80 % 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 State which has almost used up its initial quota share available, the corresponding imports by each of the should draw an additional share from the reserve; whereas Member States represent the following percentages of the this must be done by each Member State as and when each imports into the Community from Spain of the products in 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 close cooperation between the Member States and the (') OJ No L 182 , 16 . 8 . 1970 , p. 1 . Commission , and the latter must be in a position to

No L 304 / 12 Official Journal of the European Communities 16 . 11 . 85

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

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

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in Article 1 those paragraphs if there are grounds for believing that they might not be used up . It shall inform the Commission From 1 January to 31 December 1986 , the Common of its reasons for applying this paragraph . Customs Tariff duty in respect of dried grapes falling within subheading 08.04 B I, originating in Spain and imported in immediate containers of a net capacity not Article 4 exceeding 15 kilograms shall be entirely suspended within the limits of a Community tariff quota of 1 900 tonnes . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 .

Article2¶

Article 5 1 . A first instalment amounting to 1 520 tonnes of the Community tariff quota referred to in Article 1 shall be The Member States shall return to the reserve , not later shared among the Member States; the respective shares which , subject to Article 5 , shall be valid until than 1 October 1986 such unused portion of their initial 31 December 1986 shall be as follows : share as , on 15 September 1986 , is in excess of 20 % of the initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be (tonnes) used . Benelux 150 Denmark 15 Germany 55 The Member States shall notify the Commission , not later Greece 1 than 1 October 1986 of the total quantities of the products France 640 in question imported up to 15 September 1986 and charged Ireland 10 against the tariff quota and of any quantity of the initial 120 Italy shares returned to the reserve . United Kingdom 529

2 . The second instalment of 380 tonnes shall constitute Article 6 the reserve . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 Article 3 and , as soon , as it is notified , shall inform each Member State of the extent to which the reserve has been used up . 1 . If 90 % or more of a Member State's initial share as specified in Article 2 ( 1 ), or 90 % of that share minus the portion returned to the reserve where Article 5 has been It shall inform the Member States not later than 5 October applied , has been used up , then , to the extent permitted by 1986 of the amount in the reserve after quantities have the amount of the reserve , that Member State shall been returned thereto pursuant to Article 5 .

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It shall ensure that the drawing which exhausts the reserve 4 . The extent to which a Member State has used up its does not exceed the balance available and , to this end , shares shall be determined on the basis of the imports notify the amount of that balance to the Member State charged in accordance with paragraph 3 . making the last drawing.

Article8¶

At the Commission's request the Member States shall 1 . The Member States shall take all measures necessary to inform it of imports actually charged against their shares . ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community tariff quota . Article 9

2 . The Member States shall ensure that importers of the The Member States and the Commission shall cooperate products in question have free access to the shares allocated closely to ensure that this Regulation is complied with . to them .

3 . The Member States shall charge the imports of the Article 10 products concerned against their shares as and when the products are entered with customs authorities for free circulation . 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