31986R3740

No L 353 / 4 Official Journal of the European Communities 13 . 12 . 86

COUNCIL REGULATION ( EEC ) Np 3740 / 86

of 28 November 1986

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 ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , respected by allocating the Community tariff quota among 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 Having regard to the Act of Accession of Spain and proportion to the requirements of the Member States , Portugal and in particular Articles 30 and 75 thereof, 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 ; Having regard to the proposal from the Commission ,

Whereas , during the last three years for which statistics are Whereas , according to Articles 30 and 75 of the Act of available, the corresponding imports by each of the Accession , the duties applicable on the import into the Member States represent the following percentages of the Community of Ten of dried grapes falling within imports into the Community from Spain of the products in subheading 08.04 B I of the Common Customs Tariff, and question : originating in Spain within the limits of a Community tariff quota of 1 900 tonnes shall be progressively abolished ; whereas these duties are to be reduced to 75 % of-the basic Member State 1983 1984 1985 duties on 1 January 1987 ; whereas , by derogation from Article 30 of the Act of Accession , Council Regulation Benelux 3 2 17,2 ( EEC ) No 443 / 86 of 24 February 1986 concerning the Denmark 2 5 2,1 basic duties to be adopted in the Community of Ten for the Germany 2 3 2,0 purpose of calculating the successive reductions provided — — — Greece for in the Act of Accession of Spain and Portugal (*) France 80 83 68,2 provides that the basic duties are those which actually have Ireland 1 — 0,6 been applied on 1 January 1986 ; whereas , therefore , to Italy 13 7 9,9 establish the duties applicable on the import of these — — — United Kingdom products , a Community tariff quota should be opened for the period 1 January to 31 December 1987 for 1 900 tonnes of dried grapes originating in Spain and falling Whereas , in view of these factors and of the estimates within subheading 08.04 B I at the duty shown in the table in Article 1 ; submitted by certain Member States , initial quota shares may be fixed approximately at the following percentages:

Whereas Council Regulation ( EEC ) No 3792 / 85 of Benelux 7,6 20 December 1985 laying down the arrangements applying Denmark 2,4 to trade in agricultural products between Spain and Germany 2,0 Portugal ( 2 ) provides for particular rules for the import into Greece 0,5 Portugal of the products in question , originating in Spain ; France 76,0 whereas , consequently , the Community tariff quotas are Ireland 0,5 only applicable in the Community of Ten ; Italy 10,5 United Kingdom 0,5

Whereas it is in particular necessary to ensure for all Whereas , in order to take into account import trends for Community importers equal and uninterrupted access to the products concerned in the various Member States , the the abovementioned quota and uninterrupted application quota amount should be divided into two instalments , the of the rates laid down for that quota to all imports , of the first being shared among the Member States and the second products concerned into all Member States until the quota constituting a reserve to cover at a later date the has been used up ; whereas having regard to the above requirements of the Member States which have used up principles , the Community nature of the quota can be their initial quota shares ; whereas , in order to give importers in each Member State a certain degree of security , the first instalment of the Community quota (') OJ No L 50 , 28 . 2 . 1986 , p . 9 . might under the circumstances be fixed at 80 % of the ( 2 ) OJ No L 367 , 31 . 12 . 1985 , p . 7 . quota volume ;

13 . 12 . 86 Official Journal of the European Communities No L 353 / 5

Whereas the Member States' initial shares may be used up any tariff quota from remaining unused in one Member at different times ; whereas , in order to take this fact into State when it could be used in others ; account and avoid any break in continuity , any Member State which has almost used up its initial quota share Whereas , since the Kingdom of Belgium , the Kingdom of should draw an additional share from the reserve ; whereas the Netherlands and the Grand Duchy of Luxembourg are this must be done by each Member State as and when each united within and jointly represented by the Benelux of its additional shares is almost used up and repeated as Economic Union , any operation relating to the many times as the reserve allows ; whereas the initial and administration of the quota shares allocated to that additional shares must be valid until the end of the quota economic union my be carried out by any of its members , period ; whereas this method of administration requires close cooperation between the Member States and the Commission , and the latter must be in a position to HAS ADOPTED THIS REGULATION : monitor the extent to which the quota volume has been used up and to inform the Member States thereof; Article 1

Whereas if, iat a given date in the quota period , a From 1 January to 31 December 1987 , on import into the substantial quantity remains unused in any Member State , Community of Ten , the duties for the following products it is essential that the Member State should return a shall be totally suspended within the limits of a Community significant proportion to the reserve to prevent a part of tariff quota as follows :

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

09.0303 08.04 B I Dried grapes , originating in Spain 1 900 free

Article 2 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has 1 . A first instalment amounting to 960 tonnes of the been used up , then that Member State shall , in accordance Community tariff quota referred to in Article 1 shall be with the conditions laid down in paragraph 1 , draw a third shared among the Member States; the respective shares share equal to 7,5 % of its initial share , rounded up where which , subject to Article 5 , shall be valid until necessary to the next unit . 31 December 1987 , shall be as follows :

(tonnes) Benelux 115 3 . If, after its second share has been used up , 90 % or Denmark 40 more of the third share drawn by a State has been used up , 30 that Member State shall , in accordance with the conditions Germany Greece 1 laid down in paragraph 1 , draw a fourth share equal to the third . France 600 Ireland 7 Italy 160 United Kingdom 7 This process shall continue until the reserve is used up .

2 . The second instalment of 940 tonnes shall constitute the reserve . 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than those fixed in those paragraphs if there are grounds for believing that Article 3 they might not be used up . It shall inform the Commission of its reasons for applying this paragraph . 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 applied , has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall Article 4 forthwith , by notifying the Commission , draw a second share equal to 15 % of its initial share , rounded up where The additional shares drawn pursuant to Article 3 shall be necessary to the next unit . valid until 31 December 1987 .

No L 353 / 6 Official Journal of the European Communities 13 . 12 . 86

Article S Article 7

The Member States shall return to the reserve, not later 1 . The Member States shall take all measures necessary to than 1 October 1987 , such unused portion of their initial ensure that additional shares drawn pursuant to Article 3 share as , on 15 September 1987 , is in excess of 20 % of the are opened in such a way that imports may be charged initial volume . They may return a larger quantity if there without interruption against their accumulated shares of are grounds for believing that this quantity may not be the Community tariff quota . used . ' 2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated to them . The Member States shall notify the Commission , not later than 1 October 1987 , of the total quantities of the products 3 . The Member States shall charge the imports of the in question imported up to 15 September 1987 and charged products concerned against their shares as and when the against the tariff quota and of any quantity of the initial shares returned to the reserve . products are entered with customs authorities for free circulation .

4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports Article 6 charged in accordance with paragraph 3 .

The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 Article 8 and , as soon , as it is notified , shall inform each Member State of the extent to which the reserve has been used up . At the Commission's request the Member States shall inform it of imports actually charged against their shares .

It shall inform the Member States not later than 5 October Article 9 1986 of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , Article 10 notify the amount of that balance to the Member State making the last drawing . 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 1986 .

For the Council

The President

A. RUMBOLD