COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 413 final 
Brussels, 1 October 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of Community 
tariff quotas for an agricultural and a chemical product 
(Fifth series 1992) 
(presented by the Commission) 
d 
EXPLANATORY MEMORANDUM 
1. Subsequent to requests made by various Member States, the services of 
the Commission have examined, In conjunction with the Government 
experts concerned, the question of opening tariff quotas for two 
products for 1992. 
2. Following this examination, which took place during the "Economic 
Tariff" group meetings, it has been determined that the opening of a 
tariff quotas for these products could have the agreement of the 
Member States without disturbing the market for such products: 
- Fungus of the species Auricular la polytricha 210 tonnes at 0%; 
- O-Cresol 6 000 tonnes at 0% 
This is the purpose of this proposal. 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of Community 
tariff quotas for an agricultural and a chemical product 
(Fifth series 1992) J 
THIs 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 proposal from the Commission, 
. Whereas production in the Community of certain 
1 cultural products will remain in the course of 199 2unable to 
meet the specific requirements of the user industries in 
lineal the Community ; whereas, consequently, Community 
supplies of products of this type will depend to a consi­
derable 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 .Community tariff quotas 
at zero duty should therefore be opened within the limits 
of appropriate volumes for a period up to 31 December 
199 2 taking account of the need not to disturb the 
markets for such products nor the starting out or develop­
ment of Community production ; Whereas, it is appropriate to take the necessary measures 
to ensure efficient Community administration of these 
tariff quotas while offering the Member States the oppor­
tunity to draw from the quota volumes the necessary 
quantities corresponding to actual imports ; 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 up and inform the Member 
States accordingly ; 
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, all transactions concerning the admin­
istration of the quantities drawn by that economic union 
may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION 
Article I 
Whereas it is necessary, in particular, to ensure for all 
Community importers equal and uninterrupted access to 
the said quotas and to ensure the uninterrupted applica­
tion of the rates laid down for the quotas to all imports of 
the products concerned into all Member States until the 
quotas have been used up ; 1. From the date of entry into force of this Regulation 
until 31 December 199^, the duties applicable to imports 
of the following products shall be suspended at the levels 
and up to the limits of the Community tariff quotas 
shown below : 
Order 
No 
09.2849 
09.2851 CN code 
» 
cxOTIO SO £0 
ex2907 12 00 Description 
Lar fungus of the species Auricularia polytrichia 
blanched, cut into strips of a width of 6 mm or 
more but not more than 8mm and freeze-dried, for 
the manufacture of prepared meals (<x) 
O-Cresol having a purity of not less than 98,5% Quota 
volume 
210 T 
6000 T Quota 
duty 
(%) 
0 
0 
(a) Un.,„>l ol the us, lor ,h,s speoal purpose shall be earned * pursuant «o the relevant Community proves 
(f) Sri lain codes m the Annex. 
y 
2. Within the limits of these tariff quotas, the 
Kingdom of Spain and the Portuguese Republic shall 
apply customs duties calculated in accordance with the 
relevant provisions of the 1985 Act of Accession. 
Article 2 
The tariff quotas referred to in Article 1 shall be managed 
by the Commission, which may take any appropriate 
administrative measures to ensure that they are managed 
efficiently. 
Article 3 
Where an importer submits a product covered by this 
Regulation for release for free circulation in a Member 
State, applying to take advantage of the preferential 
arrangements, and the entry is accepted by the customs 
authorities, the Member State concerned shall, by noti­
fying the Commission, draw an amount corresponding to 
its requirements from the appropriate quota volume. 
Requests for drawings, indicating the date on which the 
entries were accepted must be sent to the Commission 
without delay. 
Drawings shall be granted by the Commission in chrono­
logical order of the dates on which the customs authori­ties of the Member States concerned accepted the entries 
for release for free circulation, to the extent that the 
available balance so permits. 
If a Member State does not use a drawing in full, it shall 
return any unused portion to the corresponding quota 
volume as soon as possible. 
If the quantities requested are greater than the available 
balance of the quota volume, the balance shall be allo­
cated among applicants pro rata. The Commission shall 
inform the Member States of the drawings made. 
Article 4 
Each Member State shall ensure that importers of the 
products in question have equal and continuous access to 
the quotas for as long as the balance of the relevant quota 
volume so permits. 
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 the seventh day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
ANNEX 
Taric codes For the Council 
The President 
Order No 
09.2849 
09.2851 CN codes 
bxOTIO 80 60 
Lx2907 12 00 Taric codes 
0710 80 6CKI0 
29Û7 12 00*10 
vP 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 28 of the Treaty 
Title of the tariff measure concerned : Proposal for a Council 
Regulation opening and providing for the administration of autonomous 
Community tariff quotas for an agricultural product and a chemical 
product (Fifth series 1992) 
Oblect ive : To ensure an adequate supply under favourable conditions 
for Community user-industrles 
Method of calculation : 
Descr ipt ion Amount of 
quotas Price 
ecu/unit Norma I 
rate 
(X) Quota duty 
(X) Duty-loss 
(ecu) 
Fungus 
0-Cresol 210 T 
6 000 T 18 000/T 
896/T 18 X 0 X 
2,1% OX 680 400 
112 896 
New tariff measures. 

c 
ISSN 0254-1475 
COM(92) 413 final 
DOCUMENTS 
EN 02 03 
Catalogue number : CB-CO-92-430-EN-C 
ISBN 92-77-47879-9 
Office for Official Publications of the European Communities 
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