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COUNCIL REGULATION ( EEC ) NO 3228/81

OF 9 NOVEMBER 1981

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 ( 1982 )

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 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 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 AN APPROPRIATE AMOUNT ; WHEREAS , IN ORDER NOT TO JEOPARDIZE THE BALANCE OF THE MARKET FOR THIS PRODUCT AND TO ENSURE PARALLEL DEVELOPMENT IN OUTLETS FOR COMMUNITY PRODUCTION AND SATISFACTORY SECURITY OF SUPPLIES FOR USER INDUSTRIES , THE VOLUME OF THE COMMUNITY TARIFF QUOTA SHOULD BE FIXED AT 16 000 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 FOR BASED ON A SINGLE ALLOCATION BETWEEN THE MEMBER STATES ; WHEREAS THIS ALLOCATION MAY BE CALCULATED PRO RATA ON THE BASIS OF THE IMPORT REQUIREMENTS OF EACH MEMBER STATE , COMING FROM THIRD COUNTRIES NOT ASSOCIATED WITH , OR LINKED TO , THE COMMUNITY BY A PREFERENTIAL AGREEMENT ; WHEREAS , IN ORDER TO SAFEGUARD THE COMMUNITY NATURE OF THE QUOTA , A SHARE SHOULD BE ALLOCATED TO IRELAND BY LEVYING THE SAME QUANTITY ON THE VOLUME OF THE QUOTA ; WHEREAS , CALCULATED IN SUCH A MANNER , THIS ALLOCATION IS 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

1 . DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 1982 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 16 000 TONNES .

2 . WITHIN THE LIMITS OF THIS TARIFF QUOTA , GREECE SHALL APPLY DUTIES CALCULATED IN ACCORDANCE WITH THE RELEVANT PROVISIONS LAID DOWN IN THE 1979 ACT OF ACCESSION .

ARTICLE 2

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

// // ( TONNES ) //

BENELUX // 3 167 //

DENMARK // 27 //

GERMANY // 5 845 //

GREECE // 1 //

FRANCE // 2 535 //

IRELAND // 5 //

ITALY // 1 334 //

UNITED KINGDOM // 3 086 //

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 1982 .

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

DONE AT BRUSSELS , 9 NOVEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

K . BAKER