CELEX: 31987R4073
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4073/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species (1988)

31 . 12 . 87                             Official Journal of the European Communities                                 No L 381 / 5
                                        COUNCIL REGULATION ( EEC) No 4073 / 87
                                                      of 18 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                                         certain plywoods of coniferous species ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           first being allocated among the Member States , and
                                                                    the second held as a reserve to cover any subsequent
                                                                    requirements of Member States which have used up their
Having regard to the Treaty establishing the European               initial shares ; whereas, in order to afford importers some
Economic Community , and in particular Article 113                  degree of certainty , the first part of the quota should be set
thereof,                                                            at a relatively high level , about 80 % of its full amount;
                                                                    whereas , on the basis of Member States' estimates of their
                                                                    needs , the initial shares could be as set out in Article 2 ;
Having regard to the proposal from the Commission ,
Whereas the Community has undertaken to open an annual
Community tariff quota of at least 600 000 cubic metres             Whereas Member States may use up their initial shares at
for certain plywoods of coniferous species falling within           different rates ; whereas , to provide for this eventuality and
heading No ex 44.15 of the Common Customs Tariff;                   to avoid any break in the continuity of supplies , any
whereas this quota has been raised to 650 000 cubic metres          Member State which has used up its initial share should
by virtue of an agreement concluded with the United States          draw additional shares in quantities corresponding to. their
and approved by Decision 87 / 224 / EEC ('); whereas ,              real requirements , as many times as the reserve allows ;
under Protocol 11 to the 1972 Act of Accession , the                whereas this form of administration requires close
Community is required to open each year autonomous nil              cooperation between Member States and the Commission
duty Community tariff quotas for the same products , the            and the latter must be able to monitor the extent to which
volume thereof to be decided annually when it is                    the quota volume has been used up and to inform the
established that all possibilities of supply on the internal        Member States accordingly ;
market of the Community have been exhausted during the
period for which the quotas are open ; whereas the
condition laid down by the said Protocol does not seem to
be met at the moment; whereas , in these circumstances, it          Whereas if at a given date in the quota period a
is appropriate as an initial measure not to exceed the              considerable quantity of a Member State's initial share
contractual volume of 650 000 cubic metres; whereas the             remains unused , it is essential that that Member State
setting of the quota volume at this level does not exclude ,        concerned should return a significant proportion to the
moreover, recourse to the provisions of the                         reserve , so as to avoid a part of the quota remaining
                                                                    unused in one Member State when it could be used in
abovementioned Protocol 11 during the quota period ;
whereas , therefore , the tariff quota in question should be        others ;
opened on 1 January 1988 and allocated among Member
States ;
                                                                    Whereas , since the Kingdom of Belgium , the Kingdom of
Whereas the Community has adopted , with effect from                the Netherlands and the Grand Duchy of Luxembourg are
1 January 1988 , a combined nomenclature for goods which            united within and jointly represented by the Benelux
meets the requirements of the Common Customs Tariff                 Economic Union , any measure concerning the
and the Nomenclature of Goods for the External Trade                administration of quota shares allocated to that economic
Statistics of the Community and Statistics of Trade                 union may be carried out by any one of its members ,
between Member States; whereas , in order to
accommodate specific Community measures , this
nomenclature has been expanded into an integrated tariff
of the European Communities ( TARIC ); whereas , with
effect from the date given above , the combined
nomenclature and , where appropriate , the TARIC code               HAS ADOPTED THIS REGULATION :
numbers , should be used for the description of products
covered by this Regulation;
Whereas , to allow for import trends for the products
                                                                                                Article 1
concerned , the quota should be divided into two parts , the
                                                                    1 . From 1 January to 31 December 1988 , the customs
                                                                    duty applicable to imports of the following products shall
                                                                    be suspended at the level indicated and within the limits of
(») OJ No L 98 , 10 . 4 . 1987 , p. 1 .                             a Community tariff quota as shown herewith :
 ---pagebreak--- No L 381 / 6                                Official Journal of the European Communities                                     31 . 12 . 87
                   Combined                                                                                 Amount of        Rate of
    Order
                 nomenclature                                   Decription                                  tariff quota      duty
      No
                     code                                                                                       (m3 )         (% )
   09.0013      ex 4412 19 00       Plywood of coniferous species , without the addition of other
                ex 4412 91 00       substances :
                ex 4412 99 10
                                    — of a thickness greater than 8,5 mm , the faces of which are not
                                       further prepared than the peeling process
                ex 4412 99 90       — sanded , and of a thickness greater than 18,5 mm                       650 000           0
Within the limits of this tariff quota Spain and Portugal                  preferential treatment for a product covered by this
 shall apply duties calculated in accordance with the                      Regulation , and this request is accepted by the customs
relevant provisions set out in the 1985 Act of Accession .                 authorities , the Member State concerned shall , by notifying
                                                                           the Commission , draw an amount corresponding to its
2 . Imports of the products in question may not be charged                 requirements from the reserve referred to in Article 2 ( 3 ).
 against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
                                                                           Requests to draw on the reserve together with the date of
                                                                           acceptance of the customs declarations must be forwarded
                                                                           to the Commission without delay .
                             Article 2
                                                                           Drawings shall be granted by the Commission on the basis
 1 . The tariff quota referred to in Article 1 ( 1 ) shall be              of the date of acceptance of goods for entry into free
divided into two parts .                                                   circulation by the customs authorities of the Member State
                                                                           concerned , provided a sufficient amount remains in the
2 . A first part of 520 000 cubic metres shall be allocated                reserve .
among certain Member States ; these quota shares shall ,
subject to Article 5 , be valid until 31 December 1988 , and
shall be as follows :
                                                                           If a Member State does not use the quantities drawn , it
                                                 (cubic metres)
                                                                           shall return them to the reserve as soon as possible .
         Benelux                                   134 575
         Denmark                                    56 835
                                                    82 160                 If requests for drawings exceed the amount remaining in
         Germany
         Greece                                          45
                                                                           the reserve , an allocation shall be made pro rata . The
         France                                       9 630
                                                                           Member States shall be informed by the Commission in
         Ireland                                      7 800                accordance with the same procedure .
         Italy                                      20 955
         United Kingdom                            208 000
3 . The second part, amounting to 130 000 cubic metres                                                Article 4
shall constitute the reserve .
                                                                           Additional shares drawn pursuant to Article 3 shall be valid
4 . If products of the type in question are presented in                   until 31 December 1988 .
Spain or Portugal and supported by a declaration as to
entry into free circulation which is accepted by the customs
services , the Member State concerned shall inform the
Commission and draw a corresponding amount under the
conditions laid down in Article 3 .                                                                   Article 5
                                                                           Member States shall return to the reserve, not later than
                                                                           1 October 1988 , the unused portions of their initial shares
                                                                           which , on 15 September 1988 are in excess of 20 % of the
                             Article 3                                     initial amount . They may return a greater portion if there
                                                                           are grounds for believing that it may not be used in full .
1 . If a Member State's initial share as specified in Article 2
(2 ), or of that share less any portion returned to the reserve
where Article 5 has been applied has been used up entirely ,               Member States shall notify the Commission , not later than
the following provisions shall apply .                                     1 October 1988 , of the total quantities of the products in
                                                                           question imported up to 15 September 1988 and charged
If an importer presents , in a Member State , a declaration as             against the Community quota and of any portion of their
to entry into free circulation comprising a request for                    initial shares returned to the reserve .
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                               No L 381 / 7
                           Article 6                                 2 . Member States shall ensure that importers of the
                                                                     products in question have free access to the shares allocated
The Commission shall keep an account of the shares                   to them .
opened by the Member States pusuant to Articles 2 and 3
and , as soon as it has been notified , shall inform each State      3 . Member States shall charge imports of the products in
of the extent to which the reserve has been used up .                question against their shares as and when the products are
                                                                     entered with the customs authorities for free circulation .
It shall inform the Member States , not later than 5 October         4 . The extent to which a Member State has used up its
1988 , of the amount still in reserve after amounts have             share shall be determined on the basis of imports charged
been returned thereto pusuant to Article 5 .                         against that share in accordance with paragraph 3 .
                                                                                              Article 8
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
notify the amount of that balance to the Member State                At the Commission's request, Member States shall inform it
making the last drawing.                                             of the imports actually charged against their quota
                                                                     shares .
                                                                                              Article 9
                           Article 7
                                                                     Member States and the Commission shall cooperate closely
                                                                     to ensure that this Regulation is complied with .
1 . Member States shall take all appropriate measures to
ensure that additional drawings of shares pursuant to
Article 3 are carried out in such a way that imports may be                                   Article 10
charged without interruption against their accumulated
shares of the Community quota .                                      This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 18 December 1987 .
                                                                                         For the Council
                                                                                          The President
                                                                                          N. WILHJELM