30. 12, 88 Official Journal of the European Communities No L 363/21 COUNCIL REGULATION (EEC) 4098/88 of 16 December 1988 opening and providing for the administration of Community tariff quotas for dried figs and certain dried grapes coming from Spain (1989) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 30 and 75 thereof, Having regard to the proposal from the Commission, Whereas, pursuant to Articles 30 and 75 of the Act of Accession, the customs duties applicable to imports into the Community as constituted on 31 December 1985 of the following products coming from Spain are to be phased out within the limits of Community tariff quotas of 200 tonnes of dried figs falling within CN code ex 0804 20 90 and 1 900 tonnes of certain dried grapes falling with CN code 0806 20 11, 0806 20 19, ex 0806 20 91 or ex 0806 20 99; whereas on 1 January 1989 the duties in question are to be reduced to 50% of the basic duties; whereas the said basic duties are those laid down by Council Regulation (EEC) No 4161/87 of 22 December 1987 laying down, consequent on the entry into force of the combined nomenclature, the basic duties to be adopted within the Community as constituted at 31 December 1985 for the purpose of calculating the successive reductions provided for in the Act of Accession of Spain and Portugal (!); whereas the said tariff quotas should therefore be opened for 1989; Whereas Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (2), as last amended by Regulation (EEC) No 222/88 (3), lays down special arrangements for imports into Portugal of the products in question coming from Spain; whereas the Community tariff quotas should therefore apply only to the Community as constituted at 31 December 198S5; Whereas all Community importers should be ensured equal and continous access to the said quotas and the duty rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted; whereas the quotas should not in this instance be allocated among the Member States, which should, however, be able to draw against the quotas such quantities as they may need, under the conditions and according to the procedure set out in Article 2 (1); whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used and inform the Member States accordingly; Whereas if, during the quota period, the tariff quota is almost totally used up, it is indispensable that Member States return to this quota the entirety of the drawings made which have not been used, in order to avoid one part of the Community tariff quota remaining unused in one Member State when it could be used in others; Whereas since Belgium, the Netherlands and Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota, shares levied by that economic union may be carried out by any one of its members, HAS ADOPTED THIS REGULATION: Article 1 From 1 January to 31 December 1989 the customs duties applicable to imports into the Community as constituted at 31 December 1985 of the following products coming from Spain shall be suspended at the levels indicated below and within the limits of Community tariff quotas as shown below: Serial - Volume of tariff quota Rate of du No CN code Description (tonnes) (%) Y 09.0301 'ex 0804 20 90 | Dried figs in immediate containers of a net capacity not exceeding 15 kg ’ 200 1,5 09.0303 0806 20 11 | Dried grapes in immediate containers of a net capacity not 0806 2019 | exceeding 15 kg 1900 Free ex 0806 20 91 . ex 0806 20 99 () O] No L 395, 31.12.1987, p. 1. (*) OJ No L 367, 31.12. 1985, p. 7. (3) OJNoL 28,1.2.1988, p. 1.