31985R3798

No L 367 / 28 31 . 12 . 85 Official Journal of the European Communities .

COUNCIL REGULATION ( EEC ) No 3798 / 85 of 20 December 1985 laying down detailed rules governing quantitative restrictions on imports into Spain of certain fruit and vegetables from third countries

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Spanish production expressed in volume over the last three years prior to accession for which statistics are available . Having regard to the Treaty establishing the European Economic Community , 3 . The minimum rate of increase of the quotas shall be fixed in accordance with the procedure laid down in Having regard to the Act of Accession of Spain and Portugal , Article 3 . hereinafter referred to as the 'Act', and in particular Article 91 ( 3 ) thereof, The minimum rate of increase may differ according to the Having regard to the proposal from the Commission , product concerned .

Whereas Article 144 of the Act lays down that the Kingdom of Spain may maintain quantitative restrictions on imports The minimum rate of increase shall be fixed in the light of, in of certain fruit and vegetables from third countries until particular , 31 December 198 9 ; whereas the Council must determine detailed rules for the application of the said quantitative — trade flows , restrictions ; — the state of bilateral and multilateral negotiations . Whereas the Kingdom of Spain may maintain , until the same date , quantitative restrictions on imports of the same products from the Community as constituted at 3 1 December 4 . From 1 March to 31 December 1986 the quota to be 1985 ; applied shall be equal to the initial quota , less one sixth .

Whereas the quantitative restrictions in question must not However , where quantitative restrictions do not apply result in Community products being treated less favourably throughout an entire calendar year , special provisions , than products from third countries ; possibly involving a reduction of the initial quota , shall be adopted in accordance with the procedure laid down in Whereas this Regulation is intended to apply to all third Article 3 ( 1 ). countries , without prejudice moreover to the protocols to be concluded with preferential third countries in accordance with Article 179 of the Act or to the transitional measures 5 . In the case of preferential countries , where the referred to in Article 180 of the Act ; whereas it should be protocols referred to in Article 179 of the Act or , failing that , stipulated , however , that the volumes of the quantitative the autonomous measures taken by virtue of Article 180 restrictions fixed pursuant to the said Articles will be thereof provide for quantitative restrictions , the quantities included in those fixed for all third countries under the terms resulting from the application of the aforesaid provisions of this Regulation ; shall be fixed before the quantities for the other third countries , in accordance with the provisions of Whereas , by virtue of Article 2 ( 3 ) of the Treaty of Accession paragraph 2 . of Spain and Portugal , the institutions of the Communities may adopt , before accession , the measures referred to in Article 91 of the Act ,

Article2¶

HAS ADOPTED THIS REGULATION : 1 . That quota fixed for a product from a third country may not be greater than the quota fixed for the same product Article 1 from the Community as constituted at 31 December 1985 . 1 . The quantitative restrictions on imports into Spain from third countries of the fruit and vegetables referred to in Article 144 of the Act and listed in the Annex to this 2 . Should the Kingdom of Spain authorize imports of a Regulation shall consist of annual quotas opened without product from third countries in a quantity greater than that discrimination between economic operators . fixed in the quota , the quota applicable to imports of the same product from the Community shall be increased by a 2 . The initial quota in 1986 for each product is hereby quantity which is at least equal to the amount by which the fixed within a range of between 0,1 and 0,5 % of the average quota for imports from third countries is exceeded .

31 . 12 . 85 Official Journal of the European Communities No L 367 / 25

Article 3 ( b ) the information to be communicated by Spain to the Commission . 1 . Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down They may provide for a staggering of imports over the year . in Article 33 of Council Regulation ( EEC ) No 1035 / 72 of 18 May 1 972 on the common organization of the market in fruit and vegetables ( J ). Article 4 2 . The detailed rules referred to in paragraph 1 shall include in particular : This Regulation shall enter into force on 1 March 1986 , subject to the entry into force of the Treaty of Accession of (a ) the fixing of the initial quota for each product , Spain and Portugal .

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

Done at Brussels , 20 December 1985 .

For the Council The President R. STEICHEN

(») OJ No L 118 , 20 . 5 . 1972 , p. 1 .

No L 367 / 30 31 . 12 . 85 Official Journal of the European Communities

ANNEX

CCT Description heading No

07.01 Vegetables , fresh or chilled : B. Cabbages , cauliflowers and Brussels sprouts : I. Cauliflowers G. Carrtos , turnips , salad beetroot , salsify , celeriac , radishes and similar edible roots : ex II . carrots and turnips : — carrots ex H. onions , shallots and garlic : — onions and garlic M. Tomatoes

08.02 Citrus fruit , fresh or dried : A. Oranges B. Mandarins ( including tangerines and satsumas ); Clementines , wilkings and other similar citrus hybrids : ex II . Other : — mandarins ( including tangerines and satsumas ) C. Lemons

08.04 Grapes , fresh or dried : A. Fresh I. Table gr apes

08.06 Apples , pears and quinces , fresh : A. Apples B. Pears

08.07 Stone fruit , fresh : A. Apricots ex B. Peaches , including nectarines : — Peaches