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COUNCIL REGULATION ( EEC ) NO 3168/80

OF 4 DECEMBER 1980

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 ( 1981 )

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 CORRESPONDING TO 25 % OF THE COMMUNITY ' S IMPORTS FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT DURING THE LAST YEAR FOR WHICH STATISTICS ARE AVAILABLE ;

WHEREAS , IN 1979 , IMPORTS OF ROSIN FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT WERE AS FOLLOWS :

( TONNES ) BENELUX13 953 DENMARK123 GERMANY26 802.6 GREECE0 FRANCE8 835 IRELAND2 500 ITALY8 836.7 UNITED KINGDOM18 784

TOTAL 79 834.3 WHEREAS 25 % OF THIS TOTAL REPRESENTS 19 959 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 BY THE SAME METHOD AS IS USED TO ESTABLISH THE 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 GREECE BY LEVYING THE SAME PERCENTAGE ON THE SHARE ALLOCATED TO EACH OF THE OTHER MEMBER STATES ; 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 . FROM 1 JANUARY TO 31 DECEMBER 1981 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 19 959 TONNES .

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

ARTICLE 2

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

( TONNES ) BENELUX3 487 DENMARK30 GERMANY6 700

GREECE7 FRANCE2 208 IRELAND624 ITALY2 208 UNITED KINGDOM4 695 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 HOME USE .

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 1981 .

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

DONE AT BRUSSELS , 4 DECEMBER 1980 .

FOR THE COUNCIL

THE PRESIDENT

J . BARTHEL