31985R3391

No L 327 / 22 Official Journal of the European Communities 6 . 12 . 85

COUNCIL REGULATION ( EEC ) No 33*91 / 85

of 18 November 1985

opening, allocating and providing for the administration of a Community tariff quota for certain dried grapes falling within subheading No 08.04 B I of the Common Customs Tariff and originating in Cyprus ( 1986)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , has been used up ; whereas , having regard to the above principles , the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas , in order to reflect as Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 accurately as possible the true trend of the market in the thereof, products in question , such allocation should be in proportion to the requirements of the Member States , calculated by reference to the statistics for imports from Having regard to the proposal from the Commission , Cyprus over a representative reference period and also to the economic outlook for the quota period in question ; Whereas the Supplementary Protocol to the Agreement establishing an Association between the European Economic Community and Cyprus (*) came to an end on 31 December 1980 ; Whereas , during the last three years for which statistics are available , the corresponding imports by each of the Member States represent the following percentages of the Whereas to avoid interruption of its trade relations with import into the Community from Cyprus of the products in that country , the Community has made applicable for 1984 question : the provisions of the abovementioned Protocol in Council Regulation ( EEC ) No 3700 / 83 of 22 December 1983 laying down the arrangements applicable to trade with Member State 1982 1983 1984 Cyprus ( 2 );

Benelux 10 28 65 Whereas , pending the definition of arrangements applicable — Denmark 1 1 beyond 31 December 1984 , it is necessary to extend 15 — 19 Germany provisionally for 1986 the arrangements which the Greece — — — Community applies currently to trade with Cyprus on the France 11 7 — basis of the abovementioned Supplementary Protocol ; Ireland — — — — — — Italy Whereas the abovementioned Supplementary Protocol United Kingdom 63 64 16 provides for the opening of an annual duty-free Community tariff quota of 500 tonnes of certain dried grapes falling within subheading 08.04 B I of the Common Customs Tariff and originating in Cyprus ; whereas this Community tariff quota should be opened for the period Whereas , in view of these factors of market forecasts for 1 January to 31 December 1986 ; the products in question and in particular of the estimates submitted by certain Member States , initial quota shares Whereas , in the absence of a Protocol such as that provided may be fixed approximately at the following percentages: for in Articles 179 and 366 of the Act of Accession of Spain Benelux 28,0 and Portugal , the Community must take the measures Denmark 1,3 referred to in Articles 180 and 367 of the said Act ; whereas Germany 2,5 the tariff measure in question therefore applies to the Greece 0,5 Community of Ten ; France 3,7 Ireland 1,3 Whereas it is in particular necessary to ensure for all Italy 0,7 Community importers equal and uninterrupted access to United Kingdom 52,0 the abovementioned quota and uninterrupted application of the rates laid down for that quota to all imports of the products concerned into all Member States until the quota Whereas , in order to take into account import trends for the products concerned in the various Member States , the quota amount should be divided into two instalments, the first being shared among the Member States and the second H OJ No L 172 , 28 . 6 . 1978 , p . 2 . constituting a reserve to cover at a later date the ( 2 ) OJ No L 369 , 30 . 12 . 1983 , p . 1 . requirements of the Member States which have used up

6 . 12 . 85 Official Journal of the European Communities No L 327 / 23

their initial quota shares ; whereas , in order to give (tonnes) importers in each Member State a certain degree of Benelux 153 security , the first instalment of the Community quota Denmark 5 should under the circumstances be fixed at 80 % of the Germany 10 quota volume ; Greece 2 France 15 Ireland 5 Whereas the Member States' initial shares may .be used up Italy 3 at different times ; whereas , in order to take this fact into United Kingdom 207 account and avoid any break in continuity , any Member State which has almost used up its initial quota share should draw an additional share from the corresponding 3 . The second instalment of 100 tonnes shall constitute the reserve . reserve ; whereas this must be done by each Member State as and when each 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 Article 3 requires close cooperation between the Member States and the Commission , and the latter must be in a position to 1 . If 90 % or more of a Member State's initial share as monitor the extent to which the quota volume has been specified in Article 2 ( 2 ) or 90 % of that share minus the used up and to inform the Member States thereof; portion returned to the reserve where Article 5 has been applied , has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall Whereas if, at a given date in the quota period , a forthwith , by notifying the Commission , draw a second substantial quantity remains unused in any Member State , share equal to 15 % of its initial share , rounded up where it is essential that that Member State should return a necessary to the next unit . significant proportion to the reserve to prevent a part of any tariff quota from remaining unused in one Member State when it could be used in others ; 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used up , then , to the extent permitted by the amount Whereas , since the Kingdom of Belgium , the Kingdom of of the reserve , that Member State shall , in accordance with the Netherlands and the Grand Duchy of Luxembourg are the conditions laid down in paragraph 1 , draw a third united within and jointly represented by the Benelux share equal to 7,5 % of its inital share , rounded up where Economic Union , any operation relating to the necessary to the next unit . administration of the quota shares allocated to that V economic union may be carried out by any of its 3 . If, after its second share has been used up , 90 % or members , more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the 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 .

Article 1 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in From 1 January to 31 December 1986 the Common those paragraphs if there are grounds for believing that Customs Tariff duty , on import into the Community of they might not be used up . It shall inform the Commission Ten , for dried grapes , in immediate containers of a net of its reasons for applying this paragraph . capacity of 15 kilograms or less , falling within subheading 08.04 B I of the Common Customs Tariff and originating in Cyprus shall be totally suspended within the limits of a Community tariff quota of 500 tonnes . Article 4

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

1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments . Article 5

2 . A first instalment amounting to 400 tonnes shall be The Member States shall return to the reserve , not later allocated among the Member States ; the respective shares than 1 October 1986 , such unused portion of their initial which , subject to Article 5 , shall be valid until share as , on 15 September 1986 , is in excess of 20 % of the 31 December 1986 shall be as follows : initial volume . They may return a larger quantity if there

No L 327 / 24 6 . 12 . 85 Official Journal of the European Communities

are grounds for believing that this quantity may not be without interruption against their accumulated shares of used . the tariff quota .

The Member States shall notify the Commission , not later 2 . The Member States shall ensure that importers of the than 1 October 1986 of the total quantities of the products products in question have free access to the shares allocated in question imported up to 15 September 1986 and charged to them . against the tariff quota and of any quantity of the initial shares returned to the reserve . 3 . The Member States shall charge the imports of the products concerned against their shares as and when the products are entered with customs authorities for free Article 6 circulation .

The Commission shall keep an account of the shares 4 . The extent to which a Member State has used up its opened by the Member States pursuant to Articles 2 and 3 shares shall be determined on the basis of the imports and , as soon as it is notified , shall inform each Member charged in accordance with paragraph 3 . State of the extent to which the reserve has been used up .

Article 8 It shall inform the Member States , not later than 5 October 1986 of the amount in the reserve after quantities have At the Commission's request , the Member States shall been returned thereto pursuant to Article 5 . inform it of imports of the products concerned actually charged against their shares . It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , notify the amount of that balance to the Member State Article 9 making the last drawing . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 7

1 . The Member States shall take all measures necessary to Article 10 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged 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 Brussels , 18 November 1985 .

For the Council

The President

M. FISCHBACH