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COUNCIL REGULATION ( EEC ) NO 2689/78

OF 16 NOVEMBER 1978

ON THE OPENING , ALLOCATING AND ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR ROSIN , INCLUDING " BRAIS RESINEUX " FALLING WITHIN SUBHEADING 38.08 A OF THE COMMON CUSTOMS TARIFF ( 1979 )

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 1/75 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 1978 ; 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 1977 , THE IMPORTS OF ROSIN FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT WERE AS FOLLOWS :

* ( IN TONNES ) *

BENELUX*11 554*

DENMARK*155*

GERMANY*25 276*

FRANCE*3 937*

IRELAND*3 020*

ITALY*2 262*

UNITED KINGDOM*16 302*

TOTAL*62 506 ; *

WHEREAS 25 % OF THIS TOTAL REPRESENTS 15 627 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 , 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 1979 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 15 627 TONNES .

ARTICLE 2

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

* ( IN TONNES ) *

BENELUX*2 889*

DENMARK*39*

GERMANY*6 319*

FRANCE*984*

IRELAND*755*

ITALY*565*

UNITED KINGDOM*4 076 . *

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 1979 .

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

DONE AT BRUSSELS , 16 NOVEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

A . HUBER