31986R3739

13 . 12 . 86 Official Journal of the European Communities No L 353 / 1

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC ) No 3739 / 86

of 28 November 1986

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 ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 Having regard to the Act of Accession of Spain and products concerned into all Member States until the quota Portugal , and in particular Articles' 30 and 75 thereof, 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 Having regard to the proposal from the Commission , the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the products in question , such allocation" should be in Whereas , according to Articles 30 and 75 of the Act of proportion to the requirements of the Member States, Accession , the duties applicable on the import into the calculated by reference to the statistics for imports from Community of Ten of dried figs falling within subheading Spain over a representative reference period and also to the ex 08.03 B of the Common Customs Tariff, and economic outlook for the quota period in question ; originating in Spain , within the limits of a Community tariff quota of 200 tonnes shall be progressively abolished ; whereas these duties are to be reduced to 75 % of the basic duties on 1 January 1987 ; whereas , by derogation from Article 30 of the Act of Accession , Council Regulation Whereas , during the last three years for which statistics are ( EEC ) No 443 / 86 of 24 February 1986 concerning the available , the corresponding imports by each of the basic duties to be adopted in the Community of Ten for the Member States represent the following percentages of the purpose of calculating the successive reductions provided imports into the Community from Spain of the products in for in the Act of Accession of Spain and Portugal (*) question : provides that the basic duties are those which were actually been applied on 1 January 1986 ; whereas , therefore, to establish the duties applicable on the import of these Member State 1983 1984 1985 products, a Community tariff quota should be opened for the period 1 January to 31 December 1987 for 200 tonnes Benelux _ of dried figs originating in Spain and falling within ll

Denmark — — — subheading ex 08.03 B at duties as shown in the table in Germany 15 89 58,7 Article 1 ; — — — Greece France — ■ — 20,1 Ireland — • — — Whereas Council Regulation ( EEC ) No 3792 / 85 of — — — Italy 20 December 1985 laying down the arrangements applying United Kingdom 85 11 21,2 to trade in agricultural products between Spain and Portugal ( 2 ) provides for particular rules for the import into Portugal of the products in question , originating in Spain ; whereas , consequently, the Community tariff quota is applicable only in the Community of Ten , Whereas , in view of these factors and of the estimates submitted by certain Member States as well as the practical need to ensure that the obligations contracted under the Agreement concerned are allocated fairly among the (') OJ No L 50 , 28 . 2 . 1986 , p . 9 . Member States , initial quota shares may be fixed ( 2 ) OJ No L 367 , 31 . 12 . 1985 , p . 7 . approximately at the following percentages :

No L 353 / 2 Official Journal of the European Communities 13 . 12 . 86

Benelux 6,7 Commission , and the latter must be in a position to Denmark 6,7 monitor, the extent to which the quota volume has been Germany 46,7 used up and to inform the Member States thereof; Greece 0,7 France 20,0 Ireland 3,3 Whereas if, at a given date in the quota period , a Italy 3,3 substantial quantity remains unused in any Member State, it is essential that that Member State should return a United Kingdom 12,6 significant proportion to the reserve to prevent a part of any tariff quota from remaining unused in one Member Whereas , in order to take into account import trends for State when it could be used in others ; 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 which have Whereas , since the Kingdom of Belgium , the Kingdom of used up their initial quota shares ; whereas , in order to give the Netherlands and the Grand Duchy of Luxembourg are importers in each Member State a certain degree of united within and jointly represented by the Benelux security , "the first instalment of the Community quota Economic Union , any operation relating to the should under the circumstances be fixed at 75 % of the administration of the quota shares allocated to that quota volume ; economic union may be carried out by any of its members ,

Whereas the Member States initial shares may be used up at different times ; whereas , in order to take this fact into HAS ADOPTED THIS REGULATION : 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 reserve; whereas this must be done by each Member State as and when each Article 1 of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and From 1 January to 31 December 1987 , on import into the additional shares must be valid until the end of the quota Community of Ten , the duties for the following products period ; whereas this method of administration requires shall be suspended at a level and within the limits of a close cooperation between the Member States and the Community tariff quota as follows :

CCT Amount of Rate of Order No heading Description tariff quota duty No ( tonnes ) ( % ) -

09.0301 ex 08.03 B Dried figs , originating in Spain 200 2,2

Article2¶

1 . A first instalment amounting to 150 tonnes of the 1 . If 90 % or more of a Member State's initial share as Community tariff quota referred to in Article 1 shall be specified in Article 2 ( 1 ), or 90 % of that share minus the shared among the Member States ; the respective shares portion returned to the reserve where Article 5 has been which , subject to Article 5 , shall be valid until applied , has been used up , then to the extent permitted by 31 December 1987 , shall be as follows : 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 (tonnes) necessary to the next unit . Benelux 10 Denmark 10 Germany 70 2 . If, after its initial share has been used up , 90 % or more Greece 1 of the second share drawn by a Member State has been France 30 used up , then that Member State shall , in accordance with Ireland 5 the conditions laid down in paragraph 1 , draw a third Italy 5 share equal to 7,5 % of its initial share , rounded up where United Kingdom 19 necessary to the next unit .

2 . The second instalment of. 50 tonnes shall constitute the 3 . If, after its second share has been used up , 90% or reserve . more of the third share drawn by a Member State has been

13 . 12 . 86 Official Journal of the European Communities No L 353 / 3

used up , that Member State shall , in accordance with the It shall ensure that the drawing which exhausts any reserve conditions laid down in paragraph 1 , draw a fourth share does not exceed the balance available and , to this end , equal to the third . notify the amount of that balance to the Member State making the last drawing . This process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a Article 7 Member State may draw shares smaller than those fixed in those paragraphs if there are grounds for believing that 1 . The Member States shall take all measures necessary to they might not be used up . It shall inform the Commission ensure that additional shares drawn pursuant to Article 3 of its reasons for applying this paragraph . are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community tariff quota . Article 4

2 . The Member States shall ensure that importers of the The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 . products in question have free access to the shares allocated to them .

Article 5 3 . The Member States shall charge the imports of the products concerned against their shares as and when the The Member States shall return to the reserve , not later products are entered with customs authorities for free than 1 October 1987 , such unused portion of their initial circulation . shares as , on 15 September 1987 , is in excess of 20% of the initial volume . They may return a larger quantity if 4 . The extent to which a Member State has used up its there are grounds for believing that this quantity may not share shall be determined on the basis of the imports be used . charged in accordance with paragraph 3 .

The Member States shall notify the Commission , not later than 1 October 1987 , of total quantities of the products in Article 8 question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial shares returned to the reserve . At the Commission's request, the Member States shall inform it of imports actually charged against their shares .

Article 6 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 The Member States and the Commission shall cooperate and , as soon as it is notified , shall inform each Member closely to ensure that this Regulation is complied with . State of the extent to which the reserve has been used up .

It shall inform the Member States , not later than 5 October Article 10 1987 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 28 November 1987 . For the Council

The President A. RUMBOLD