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COUNCIL REGULATION ( EEC ) NO 2534/79

OF 12 NOVEMBER 1979

OPENING , ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR ROSIN , INCLUDING ' BRAIS RESINEUX ' FALLING WITHIN SUBHEADING 38.08 A OF THE COMMON CUSTOMS TARIFF ( 1980 )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 28 THEREOF ,

HAVING REGARD TO THE DRAFT REGULATION SUBMITTED BY THE COMMISSION ,

WHEREAS THE PRODUCTION IN THE COMMUNITY OF ROSIN FALLING WITHIN SUBHEADING 38.08 A OF THE COMMON CUSTOMS TARIFF IS CURRENTLY INSUFFICIENT TO MEET THE REQUIREMENTS OF THE PROCESSING INDUSTRIES IN THE COMMUNITY ; WHEREAS , CONSEQUENTLY , COMMUNITY SUPPLIES OF PRODUCTS OF THIS TYPE CURRENTLY DEPEND TO A CONSIDERABLE EXTENT ON IMPORTS FROM THIRD COUNTRIES ;

WHEREAS , UNDER DECISION NO 1/79 OF THE ASSOCIATION COUNCIL ON THE APPLICATION OF PARAGRAPH 3 OF PROTOCOL 10 TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE , THE COMMUNITY MAY OPEN AUTONOMOUS TARIFF QUOTAS FOR ROSIN PROVIDED THAT , FOR THE COMMUNITY AS A WHOLE , THE ANNUAL QUOTAS DO NOT EXCEED 25 % OF THE COMMUNITY ' S IMPORTS FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO IT BY A PREFERENTIAL AGREEMENT DURING THE LAST YEAR FOR WHICH STATISTICS ARE AVAILABLE ; WHEREAS THE ABOVEMENTIONED DECISION IS APPLICABLE UNTIL 31 DECEMBER 1979 ; WHEREAS THE MOST URGENT COMMUNITY REQUIREMENTS FOR THE PRODUCTS IN QUESTION SHOULD BE MET IMMEDIATELY ON THE MOST FAVOURABLE TERMS ; WHEREAS A NIL DUTY COMMUNITY TARIFF QUOTA SHOULD THEREFORE BE OPENED WITHIN THE LIMITS OF THE ABOVE AMOUNT , WITHOUT PREJUDICE TO ANY MEASURES TO BE ADOPTED FOLLOWING THE DECISION TO BE TAKEN WITHIN THE FRAMEWORK OF THE ASSOCIATION BETWEEN THE EEC AND GREECE ;

WHEREAS , IN 1978 , THE IMPORTS OF ROSIN FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT WERE AS FOLLOWS :

// // TONNES //

BENELUX // 12 276 //

DENMARK // 176.3 //

GERMANY // 23 181.2 //

FRANCE // 8 025 //

IRELAND // 0 //

ITALY // 3 324 //

UNITED KINGDOM // 12 204 //

//

TOTAL // 59 186.5 //

WHEREAS 25 % OF THIS TOTAL REPRESENTS 14 796 TONNES ;

WHEREAS , IN VIEW OF THE NEGLIGIBLE SIZE OF SUCH A QUOTA IN COMPARISON WITH THE COMMUNITY ' S REQUIREMENTS , A SYSTEM OF UTILIZATION SHOULD , WITHOUT DEROGATING FROM THE COMMUNITY NATURE OF THE TARIFF QUOTA , BE PROVIDED , BASED ON A SINGLE ALLOCATION BETWEEN THE MEMBER STATES ; WHEREAS THIS ALLOCATION SHOULD BE CALCULATED BY THE SAME METHOD AS IS USED TO ESTABLISH A TOTAL QUOTA OF 25 % OF THE IMPORTS OF EACH MEMBER STATE FROM THE SAME THIRD COUNTRIES ; WHEREAS , IN ORDER TO SAFEGUARD THE COMMUNITY NATURE OF THE QUOTA , A SHARE SHOULD BE ALLOCATED TO IRELAND BY LEVYING THE SAME PERCENTAGE ON THE SHARE ALLOCATED TO EACH OF THE OTHER MEMBER STATES ; WHEREAS CALCULATED IN SUCH A MANNER , THIS ALLOCATION SHOULD BE AS SET OUT IN ARTICLE 2 ;

WHEREAS SINCE THE KINGDOM OF BELGIUM , THE KINGDOM OF THE NETHERLANDS AND THE GRAND DUCHY OF LUXEMBOURG ARE UNITED WITHIN AND JOINTLY REPRESENTED BY THE BENELUX ECONOMIC UNION , ANY MEASURE CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 1980 , THE COMMON CUSTOMS TARIFF DUTY FOR ROSIN INCLUDING ' BRAIS RESINEUX ' FALLING WITHIN SUBHEADING 38.08 A SHALL BE TOTALLY SUSPENDED WITHIN THE LIMITS OF A COMMUNITY TARIFF QUOTA OF 14 796 TONNES .

ARTICLE 2

THE COMMUNITY TARIFF QUOTA REFERRED TO IN ARTICLE 1 SHALL BE ALLOCATED AS FOLLOWS AMONG THE MEMBER STATES :

// // TONNES //

BENELUX // 3 068 //

DENMARK // 43 //

GERMANY // 5 794 //

FRANCE // 2 005 //

IRELAND // 6 //

ITALY // 830 //

UNITED KINGDOM // 3 050 //

ARTICLE 3

1 . MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT IMPORTERS OF THE PRODUCT IN QUESTION ESTABLISHED IN THEIR TERRITORY HAVE FREE ACCESS TO THE SHARES ALLOCATED TO THEM .

2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF THE IMPORTS OF THE PRODUCT IN QUESTION ENTERED WITH THE CUSTOMS AUTHORITIES FOR FREE CIRCULATION .

ARTICLE 4

AT THE COMMISSION ' S REQUEST , MEMBER STATES SHALL INFORM IT OF THE IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .

ARTICLE 5

MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 12 NOVEMBER 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . GIBBONS