Proposal for a COUNCIL REGULATION (CEE) opening and providing for the administration of Community tariff quotas for an agricultural and a chemical product (Fifth series 1992)
Date: 1992-10-01
Institutions: European Commission
Subjects: mushroom-growing, tariff quota

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) 

J 

opening and providing for the administration  of Community 

tariff quotas for an agricultural and a chemical product 

(Fifth series 1992) 

THIs  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  28 
Economic  Community,  and 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

.  Whereas  production  in  the  Community  of  certain 

1 cultural 

lineal 

products  will  remain  in  the  course  of  199 2unable  to 
meet  the  specific  requirements  of  the  user  industries  in 
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 
the  most  urgent  Community 
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  ; 

requirements 

for 

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 
requires  close  cooperation 
method  of  administration 
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 

CN  code 
» 

Description 

09.2849 

cxOTIO SO  £0 

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) 

Quota 
volume 

Quota 
duty 
(%) 

210 T 

0 

09.2851 

ex2907 12 00 

O-Cresol  having  a purity  of  not  less  than 98,5% 

6000  T 

0 

(a)  Un.,„>l  ol  the us,  lor  ,h,s  speoal  purpose  shall  be earned *  pursuant «o the  relevant  Community  p r o v es 

(f)  Sri 

lain  codes  m  the  Annex. 

the 

limits  of 

2.  Within 
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. 

tariff  quotas, 

these 

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 
the  preferential 
to  take  advantage  of 
State,  applying 
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  authori 

y 

ties  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 
closely  to ensure  that  this  Regulation  is complied  with. 

the  Commission  shall  cooperate 

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, 

For  the  Council 

The  President 

ANNEX 

Taric  codes 

Order  No 

CN  codes 

Taric  codes 

09.2849 

bxOTIO  80  60 

09.2851 

Lx2907 12  00 

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 

Price 

Norma I 

Quota duty 

Duty-loss 

quotas 

ecu/unit 

rate 

(X) 

(ecu) 

(X) 

Fungus 

210 T 

18 000/T 

18 X 

0 X 

680 400 

0-Cresol 

6  000 T 

896/T 

2,1% 

OX 

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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