CELEX: 31987R4187
Language: en
Date: 1987-12-21 00:00:00
Title: Council Regulation (EEC) No 4187/87 of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for tobacco falling within code ex 2401 10 60 or ex 2401 20 60 of the combined nomenclature and originating in Yugoslavia (1988)

No L 400 / 30                                   Official Journal of the European Communities                                    31 . 12 . 87
                                               COUNCIL REGULATION (EEC) No 4187 / 87
                                                             of 21 December 1987
                    opening, allocating and providing for the administration of a Community tariff quota for
                    tobacco falling within code ex 2401 10 60 or ex 2401 20 60 of the combined nomenclature
                                                     and originating in Yugoslavia ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  for the quota should be applied consistently to all imports of
                                                                           the products in question into all Member States until the
                                                                           quota is exhausted; whereas, in the light of these principles,
Having regard to the Treaty establishing the European                      allocation of the Community tariff quota among certain
Economic Community , and in particular Article 113                         Member States would seem to preserve the Community
thereof,                                                                   nature of the quota ; whereas , in order to correspond as
                                                                           closely as possible to the real trend of the market for the
Having regard to the proposal from the Commission ,
                                                                           products in question, the allocation should reflect the pro
                                                                           rata requirements of the Member States based on statistics of
                                                                           imports of the said products from Yugoslavia during the
Whereas the Cooperation Agreement between the European                     representative reference period and on the economic outlook
Economic Community and the Socialist Federal Republic of                   for the quota period in question ;
Yugoslavia ( 1 ), as supplemented by the Additional Protocol
to that Agreement establishing new trade arrangements ( 2 ),
provides that tobacco of the 'Prilep' type falling within code             Whereas during the last three years for which statistics are
ex 2401 10 60 or ex 2401 20 60                   of the combined
nomenclature , originating in and coming from Yugoslavia ,                 available imports into the Member States were as follows:
as specified in an Agreement in the form of an Exchange of
Letters dated 11 July 1980 , is to be imported into the
Community at a customs duty of 7% with a minimum                                                                                      (tonnes)
amount levied of 13 ECU per 100 kilograms and a maximum
of 45 ECU per 100 kilograms , within the limits of an annual                       Member State         1984          1985          1986
Community tariff quota of 1 500 tonnes ; whereas such
tobacco must be accompanied by a certificate of origin and                 Benelux                       —             —             70
authenticity; whereas the tariff quota in question should be               Denmark                       —             —             —
opened for 1988 ;                                                                                       534           138           269
                                                                           Germany
                                                                            Greece                       —             —             —
Whereas the customs duty levied under the above tariff quota                Spain                       n.c .         n.c .         180
is to be dismantled over the same periods and at the same
                                                                            France                                                   30
rates as provided for in Articles 75 and 243 of the Act of                                               —             —
Accession of Spain and Portugal ; whereas , within the limits               Ireland                      —             —             —
of the above tariff quota , the Kingdom of Spain and the                    Italy                        —            850           664
Portuguese Republic are to apply customs duties calculated
in accordance with Council Regulation (EEC ) No 4150 / 87                   Portugal                    n.c .         n.c .          —
of 21 December 1987 laying down arrangements for Spain's                    United Kingdom               —             —             —
and Portugal's trade with Yugoslavia and amending
Regulations ( EEC) No 449 / 86 and (EEC ) No
2573 / 87 ( 3 );
Whereas , from 1 January 1988 , the nomenclature in the                     Whereas during the last three years the products concerned
Common Customs Tariff will be replaced by the combined                      were imported regularly only by certain Member States and
nomenclature based on the International Convention on the                   not at all or only occasionally by the other Member States ;
Harmonized Commodity Description and Coding System ;                        whereas , under these circumstances , in the first phase, initial
whereas this Regulation must take account of that fact by                   shares should be allocated only to the genuine importing
using the combined nomenclature codes and Taric code                        Member States and the other Member States should be
numbers of the products concerned;                                          guaranteed access to the benefit of the tariff quotas when
                                                                            imports actually take place in those Member States ; whereas
                                                                            these allocation arrangements will ensure the uniform levy of
Whereas equal and continuous access to the quota should be                  the applicable duties;
ensured for all Community importers and the rates laid down
 H OJ No L 41 , 14 . 2 . 1983 , p. 2 .
 ( 2 ) OJ No L 389 , 31 . 12 . 1987 , p . 73 .                              Whereas, to allow for the trend of imports of the products
 ( 3 ) OJ No L 389 , 31 . 12 . 1987 , p. 1 .                                concerned in the various Member States , the quota volume
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                                     No L 400 / 31
should be divided into two parts, the first being allocated             is essential that the Member State concerned should return a
among certain Member States and the second held as a                    significant proportion thereof to the Community reserve in
reserve to cover any subsequent requirements of those                   order to prevent part of the Community quota from
Member States which have used up their initial shares and               remaining unused in one Member State when it could be used
any requirements which might arise in the other Member                  in others ;
States; whereas , to afford importers in each Member State
some degree of certainty, an appropriate level for the first            Whereas since the Kingdom of Belgium, the Kingdom of the
part of the Community quota would , in the present                      Netherlands and the Grand Duchy of Luxembourg are united
circumstances , be 67 % of the quota volume ;                           within and jointly represented by the Benelux Economic
                                                                        Union, any operation concerning the administration of the
Whereas the initial shares of the Member States may be used             quota shares allocated to that economic union may be carried
up at different rates; whereas, in order to avoid any break in          out by any one of its members ,
the continuity of supplies on this account , it should be
provided that any Member State which has almost used up its
initial quota share should draw an additional share from the
Community reserve; whereas each time its additional share is
almost used up a Member State should draw a further share                HAS ADOPTED THIS REGULATION:
and so on as many times as the reserve allows ; whereas these
initial and additional shares must be valid until the end of the
quota period; whereas this form of administration requires
close cooperation between the Member States and the                                                   Article 1
Commission and the latter must be able to monitor the extent
to which the quota volume has been used up and inform the
Member State accordingly;                                                1 . From 1 January to 31 December 1988 the customs duty
                                                                         applicable to imports into the Community of the following
                                                                         products originating in and coming from Yugoslavia shall be
Whereas if at a given date in the quota period a considerable            suspended at the level indicated and within the limits of a
quantity of a Member State's initial share remains unused, it            Community tariff quota as shown below:
      Order                                                                                      Quota                 Quota duty
       No
                    CN code                             Description                            ( tonnes )
                                   Unmanufactured tobacco ; tobacco refuse :
                                   — Tobacco , not stemmed / stripped :
                                   — — Other :
                                                                                                                7% ad valorem
09.1505          ex 2401 10 60     — — — Sun-cured Oriental type tobacco :                                      with a minimum
                                                                                                                amount levied of
                                           — 'Prilep' type tobacco                                 1 500        13 ECU per 100 kilo­
                                   — Tobacco , partly or wholly stemmed / stripped:                             grams and a maximum
                                   — — Other :                                                                  of 45 ECU per
                                                                                                                100 kilograms net weight
                 ex 2401 20 60     — — — Sun-cured Oriental type tobacco:
                                           — 'Prilep' type tobacco
Within the limits of this tariff quota the Kingdom of Spain              certain Member States; without prejudice to Article 5 , the
 and the Portuguese Republic shall apply customs duties                  quota shares shall be valid until 31 December 1988 and shall
 calculated in accordance with the relevant provisions of the            be as follows :
 Protocol to Regulation (EEC ) No 4150 / 87 .
                                                                                                                            (tonnes)
 2.     Import of this product must be accompanied by a
 certificate of authenticity issued by the competent Yugoslav                   Benelux                                           25
 authority and conforming with the model annexed to this                        Germany                                         345
 Regulation .                                                                   Spain                                             65
                                                                                France                                            10
                                                                                Italy                                           555
                             Article 2
 1 . A first part of the Community tariff quota referred to in           2.     The second part of the quota , amounting to 500
 Article 1 amounting to 1 000 tonnes shall be allocated among            tonnes, shall constitute the reserve.
 ---pagebreak---                                            Official Journal of the European Communities                                   31 . 12 . 87
No L 400 / 32
3.     If an importer gives notification of imminent imports          charged against the Community quotas and of any portion of
of the product concerned into one of the other Member States          their initial share that they are returning to the reserve .
and applies to take advantage of the quota, the Member State
concerned shall inform the Commission and draw an amount
corresponding to its requirements to the extent that the                                          Article 6
available balance of the reserve so permits .
                                                                      The Commission shall keep account of the shares drawn by
                                                                      Member States pursuant to Articles 2 and 3 and shall inform
                                                                      each Member State of the extent to which the reserves have
                              Article 3
                                                                      been used up as soon it has been notified.
1.     If a Member State has used 90 % or more of its initial          It shall inform the Member States not later than 5 October
quota share as specified in Article 2 ( 1 ), or of that share less     1988 of the state of the reserve following any return of quota
any portion returned to the reserve pursuant to Article 5 , it         shares pursuant to Article 5 .
shall forthwith , by notifying the Commission and to the
extent that the reserve so permits, draw a second share equal          It shall ensure that the drawing which exhausts the reserve
to 15 % of its initial share , rounded up where necessary to the       does not exceed the balance available , and to this end shall
next whole number .
                                                                       notify the amount of that balance to the Member State
                                                                       making the final drawing.
2 . If, after its inital quota share has been used up , a
Member State has used up 90 % or more of its second share
as well, it shall, using the procedure provided for in
                                                                                                   Article 7
paragraph 1 and to the extent that the reserve so permits,
draw a third share equal to 7,5 % of its initial share, rounded
up where necessary to the next whole number.                           1.     Member States shall take all appropriate measures to
                                                                       ensure that additional drawings of shares pursuant to
                                                                       Article 3 enable imports to be charged without interruption
3.      If, after its second share has been used up , a Member         against their accumulated share of the Community quota.
 State has used 90 % or more of its third share, it shall , using
the procedure provided for in paragraph 1 , draw a fourth
 share equal to the third .                                            2.     Member States shall ensure that importers of the
                                                                       products concerned have free access to the quota shares
                                                                       allocated to them .
 This process shall continue until the reserve is used up .
                                                                        3.    Member States shall charge imports of the products
 4 . By way of derogation from paragraphs 1 , 2 and 3 ,                concerned against their quota shares as and when the goods
 Member States may draw smaller shares than those specified             are entered with the customs authorities for free
 in the said paragraphs if there is reason to believe that they         circulation .
 might not be used in full . Member States shall inform the
 Commission of their reasons for applying this paragraph .              4.    The extent to which a Member State has used up its
                                                                        quota share shall be determined on the basis of the imports
                                                                        charged in accordance with paragraph 3 .
                               Article 4
                                                                                                   Article 8
 Each of the additional shares drawn pursuant to Article 3
 shall be valid until 31 December 1988 .                                At the request of the Commission, Member States shall
                                                                        inform it of imports of the product concerned actually
                                                                        charged against their quota share .
                               Article 5
                                                                                                   Article 9
 By 1 October 1988 at the latest Member States must return to
 the reserve the unused portion of their initial share which , on       The Member States and the Commission shall cooperate
  15 September 1988 , is in excess of 20 % of the initial volume.       closely to ensure that this Regulation is complied with .
 They may return a greater portion if there is reason to believe
 that it might not be used .
                                                                                                   Article 10
 By 1 October 1988 at the latest Member States must notify
 the Commission of the total quantities of the products
  concerned imported on or before 15 September 1988 and                 This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- 31 . 12 . 87                      Official Journal of the European Communities                      No L 400 / 33
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 21 December 1987 .
                                                                             For the Council
                                                                              The President
                                                                              B. HAARDER
 ---pagebreak---  ---pagebreak---   ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1     Exporter (name , full address , country)                                    2    No                            ORIGINAL
      Exportateur (nom , adresse complète , pays)
                                                                                  3    Quota year                    4   Country of destination
                                                                                       Année contingentaire              Pavs de destination
                                                                                  6    Issuing authority
5     Consignee (name , full address, country)                                         Organisme émetteur
      Destinataire ( nom . adresse complète , pays )
                                                                                  7
                                                                                               CERTIFICATE OF AUTHENTICITY
                                                                                                CERTIFICAT D'AUTHENTICITÉ
 8     Place and date of shipment — Means of transport
       Lieu et date d'embarquement — Moyen de transport                                                  Tobacco — Tabac
                                                                                                              'Prilep'
                                                                                        (CN Code ex 2401 10 60 and ex 2401 20 60)
                                                                                        (Code NC ex 2401 10 60 et ex 2401 20 60)
 9     Marks and numbers — Number and kind of packages                                                                                 10 Net weight
       Marques et numéros — Nombre et nature des colis                                                                                    (kg)
                                                                                                                                          Poids net
                                                                                                                                          ( kg )
   1 1 Net weight (kg) (in words)
        Poids net (kg) (en lettres)
   12 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR
        I hereby certify that the tobacco described in this certificate is ' Prilep' tobacco within the meaning of the Agreement .
        Je certifie que le tabac décrit dans ce certificat est le tabac «Prilep» au sens de I accord.
        Place                                                      Date
        Lieu                                                       Date
                                                                                                            (Stamp and signature)
                                                                                                            (Cachet et signature )