CELEX: 31985R3672
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3672/85 of 20 December 1985 opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff (1986)

30 . 12 . 85                              Official Journal of the European Communities                                  No L 354 / 31
                                          COUNCIL REGULATION ( EEC) No 3672 / 85
                                                        of 20 December 1985
               opening, allocating and providing for the administration of a Community tariff quota for certain
               plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs
                                                             Tariff ( 1986 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              additional share is almost used up , a Member State should
                                                                        draw an additional share , and so on as many times as the
                                                                        reserve allows ; whereas the initial and additional shares
 Having regard to the Treaty establishing the European                  should be valid until the end of the quota period ; whereas
 Economic Community , and in particular Article 113                     this form of administration requires close collaboration
 thereof,                                                               between Member States and the Commission , which latter
                                                                        must, in particular be able to keep a record of the extent to
Having regard to the proposal from the Commission ,                     which the quota has been used up and to inform the
                                                                        Member States accordingly ;
 Whereas the Community has undertaken to open an annual
 Community tariff quota of at least 600 000 m3 for certain              Whereas if, at a given date in the quota period , a
plywoods of coniferous species , falling within heading                 considerable quantity of a Member State's initial share
No ex 44.15 of the Common Customs Tariff; whereas ,                     remains unused , it is essential that that Member State
 under Protocol 11 to the Act of Accession (*), the                     should return a significant proportion to the reserve , so as
 Community is required to open each year autonomous nil                 to avoid a part of the quota remaining unused in one
 duty Community tariff quotas for the same products , the               Member State when it could be used in others ;
volume thereof to be decided annually when it is
 established that all possibilities of supply on the internal           Whereas , since the Kingdom of Belgium , the Kingdom of
market of the Community have been exhausted during the                  the Netherlands and the Grand Duchy of Luxembourg are
period for which the quotas are open ; whereas the                      united within and jointly represented by the Benelux
condition laid down by the said Protocol does not seem to               Economic Union , any measure concerning the
be met at the moment; whereas , in these circumstances, it              administration of the shares allocated to that economic
is appropriate to limit oneself in the first stage to the               union may be carried out by any one of its members ,
contractual volume of 600 000 m3 ; whereas the fixing of
the quota volume at this level does not exclude , moreover,
recourse to the provisions of the abovementioned Protocol
 11 during the quota period ; whereas therefore , the tariff            HAS ADOPTED THIS REGULATION :
quota in question should be opend on 1 January 1986 and
allocated among Member States, taking into account
Spain's and Portugal's participation as from 1 March 1986 ;
                                                                                                    Article 1
whereas this participation can initially be confined to the
possible application of Article 2 (4);
                                                                        1 . From 1 January to 31 December 1986 a Community
Whereas , to take more precise account of future , trends in            tariff quota of 600 000 m3 shall be opened for the
imports of the products concerned , the quota should be                 following products falling within heading No ex 44.15 of
                                                                        the Common Customs Tariff:
divided into two tranches , the first being allocated among
the Member States of the Community of Ten held and the                  ( a ) plywood of coniferous species , without the addition of
second held as a reserve to cover the subsequent                              other substances , of a thickness greater than 8,5 mm,
requirements of Member States which have exhausted their                      the faces of which are not further prepared than the
initial shares as well as those of the new Member States ;                    peeling process ;
whereas , in order to offer importers some degree of
security, the first tranche of the quota should be fixed at a           (b ) plywood of coniferous species , without the addition of
relatively high level , or about 98 % of its full amount ;                    other substances , sanded , and of a thickness greater
whereas , on the basis of Member States estimates for                         than 18,5 mm .
their needs , the initial shares may be fixed as set out in
Article 2 ;                                                             2 . Imports of the products in question may not be charged
                                                                        against this tariff quota if they are already free of customs
Whereas Member States may use up their initial shares at                duties under other preferential tariff arrangements .
different rates ; whereas , to provide for this eventuality and
to avoid disruption of supplies , any Member State which                3 . The Common Customs Tariff duty shall be totally
has almost used up its initial share should draw an                     suspended within the limits of the above quota .
additional share from the reserve; whereas , each time its
                                                                        Within the limits of this tariff quota , Spain and Portugal
                                                                        shall apply duties calculated in accordance with the
(») OJ No L 73 , 27 . 2 . 1972 , p. 170 .                               relevant provisions set out in the 1985 Act of Accession .
 ---pagebreak--- No L 354 / 32                            Official Journal of the European Communities                                   30 . 12 . 85
                            Article 2                               specified may not be used in full . They shall inform the
                                                                    Commission of their reasons for applying this paragraph .
1 . The tariff quota referred to in Article 1 ( 1 ) shall be
divided into two tranches .
2 . A first tranche of 590 000 m3 shall be allocated among                                     Article 4
the Member States of the Community of Ten ; these shares ,
which , subject to Article 5 , shall be valid until                 Additional shares drawn pursuant to Article 3 shall be valid
31 December 1986 shall be as follows :                              until 31 December 1986 .
                                            (cubic metres)
         Benelux                                 152 695
         Denmark                                  64 490                                       Article 5
         Germany                                  93 220
         Greece                                        50           Member States shall return to the reserve , not later than
         France                                   10 915            1 October 1986 , the unused portions of their initial
         Ireland                                   8 850            shares which , on 15 September 1986 , are in excess of 20 %
         Italy                                    23 780            of the initial amounts . They may return a greater portion if
          United Kingdom                        236 000             there are grounds for believing that such portion may not
                                                                    be used in full .
3 . The second tranche of 10 000 m3 shall constitute the
reserve .                                                           Member States shall notify the Commission , not later than
                                                                     1 October 1986 , of the total quantities of the products in
                                                                    question imported up to 15 September 1986 and charged
4 . If, from 1 March 1986 , an importer notifies an                  against the Community quota and of any portion of their
imminent importation of the product in question in Spain             initial shares returned to the reserve .
or Portugal and requests the benefit of the quota , the
Member State concerned shall inform the Commission and
draw an amount corresponding to these requirements to
the extent that the available balance of the reserve permits
this .                                                                                         Article 6
                                                                    The Commission shall keep an account of the shares
                            Article 3
                                                                    opened by the Member States pursuant to Articles 2 and 3
                                                                    and , as soon as it has been notified , shall inform each State
                                                                    of the extent to which the reserve has been used up .
 1.  If 90 % or more of a Member State's initial share as
fixed in Article 2 ( 2 ), or of that share minus any portion        It shall inform the Member States , not later than 5 October
returned to the reserve where Article 5 has been applied has         1986 , of the amount still in reserve after amounts have
been used up , that Member State shall forthwith , by               been returned thereto pursuant to Article 5 .
notifying the Commission , draw a second share , to the
extent that the reserve so permits , equal to 10 % of its           It shall ensure that the drawing which exhausts the reserve
initial share, rounded up as necessary to the next whole             does not exceed the balance available and , to this end , shall
number .
                                                                     notify the amount of that balance to the Member State
                                                                    making the last drawing .
2 . If, after its initial share has been exhausted , 90 % or
 more of the second share drawn by a Member State has
 been used up , that Member State shall , in the manner and
to the extent provided in paragraph 1 , draw a third share                                     Article 7
equal to 5 % of its initial share , rounded up as necessary to
the next whole number .                                              1 . Member States shall take all appropriate measures to
                                                                     ensure that additional shares drawn pursuant to Article 3
                                                                     are opened in such a way that imports may be charged
3 . If, after its second share has been exhausted , 90 % or          without interruption against their aggregate shares of the
more of the third share drawn by a Member State has been             Community quota .
used up , that Member State shall , in the manner and to the
 extent provided in paragraph 1 , draw a fourth share equal
to the third .                                                       2 . Member States shall ensure that importers of the
                                                                     products in question have free access to the shares allocated
 This procedure shall apply until the reserve is used up.            to them .
 4 . By way of derogation from paragraphs 1 , 2 and 3 ,              3 . Member States shall charge imports of the products in
 Member States may draw lesser shares than those specified           question against their shares as and when the products are
 therein if there are grounds for believing that those               entered with the customs authorities for free circulation .
 ---pagebreak--- 30 . 12 . 85                           Official Journal of the European Communities                            No L 354 / 33
4 . The extent to which a Member State has used up its                                     Article 9
share shall be determined on the basis of imports charged
against that share in accordance with paragraph 3 .               Member States and the Commission shall cooperate closely
                                                                  to ensure that this Regulation is complied with .
                          Article 8
                                                                                          Article 10
At the Commission's request , Member States shall inform it
of the imports actually charged against their shares.             This Regulation shall enter into force on 1 January 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 20 December 1985 .
                                                                                       For the Council
                                                                                        The President
                                                                                         R. KRIEPS